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Home > Indian Bare Acts > >
INDIAN BARE ACTS
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Title : THE CODE OF CRIMINAL PROCEDURE, 1973

Year : 1973

Act : CHAPTER XXXVII MISCELLANEOUS



474.

Trials before High Courts.


474. Trials before High Courts. When an offence is tried by the
High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.


475.

Delivery to commanding officers of persons liable to be tried byCourt-martial.


475. Delivery to commanding officers of persons liable to be tried by Court-martial. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the
Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of
1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.

Explanation.-In this section-


(a) "unit" includes a regiment, corps, ship, detachment,
group, battalion or company,

(b) "Court-martial" includes any tribunal with the powers
similar to those of a Court-martial constituted under the
relevant law applicable to the Armed Forces of the Union.

(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.

(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a
Court-martial for trial or to be examined touching any matter pending before the Court-martial.


476.

Forms.


476. Forms. Subject to the power conferred by article 227 of the
Constitution, the forms set forth in the Second Schedule, with such variations as the



1018



circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.



477.

Power of High Court to make rules.


477. Power of High Court to make rules. (1) Every High Court may, with the previous approval of the State Government, make rules-


(a) as to the persons who may be permitted to act as
petition-writers in the Criminal Courts subordinate to it;

(b) regulating the issue of licences to such persons, the
conduct of business by them, and the scale of fees to be
charged by them ;

(c) providing a penalty for a contravention of any of the
rules so made and determining the authority by which such
contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be,
prescribed.


(2) All rules made under this section shall be published in the
Official Gazette.


478.

Power to alter functions allocated to Executive Magistrates in certaincases.


478. Power to alter functions allocated to Executive Magistrates in certain cases. 1*[If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 108, 109,110, 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.]


479.

Case in which Judge or Magistrate is personally interested.


479. Case in which Judge or Magistrate is personally interested.
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no
Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation.-A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any

---------------------------------------------------------------------
1 Subs. by Act 45 of 1978, S. 34, for "State Legislature" (w.e.f.
18-12-1978).
2 Subs. by S.34 ibid, for "requires" (w.e.f. 18.12-1978).

3 Subs. by Act 63 of 1980, s.8 (w.e.f. 23-09-1980).

---------------------------------------------------------------------


1019

other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.


480.

Practising pleader not to sit as Magistrate in certain Courts.


480. Practising pleader not to sit as Magistrate in certain
Courts. No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.


481.

Public servant concerned in sale not to purchase or bid for property.


481. Public servant concerned in sale not to purchase or bid for property. A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.


482.

Saving of inherent powers of High Court.


482. Saving of inherent powers of High Court. Nothing in this
Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice.


483.

Duty of High Court to exercise continuous superintendence over Courtsof
Judicial Magistrates.


483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.


484.

Repeal and savings.


484. Repeal and savings. (1) The Code of Criminal Procedure,
1898 (5 of 1898), is hereby repealed.

(2) Notwithstanding such repeal,-

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or inves- tigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal
Procedure, 1898 (5 of 1898), as in force immediately before such commencement, (hereinafter referred to as the Old Code), as if this
Code had not come into force :

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;




1020



(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as
Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this
Code ;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this
Code in pursuance of such sanction or consent ;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning to article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this
Code for the extension of time.



1021.



SCHE

CLASSIFICATION OF OFFENCES


THE FIRST SCHEDULE

CLASSIFICATION OF OFFENCES

EXPLANATORY NOTE.(1) In regard to offences under the Indian Penal
Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian penal Code, but merely as indication of the substance of the section.


(2)In this Schedule, (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not
Executive Magistrates; (ii) the word "cognizable" stands for a "a police officer may arrest without warrant"; and (iii) the word "non- cogninzable" stands for "a police officer shall not arrest without warrant".


I.--OFFENCES UNDER THE INDIAN PENAL CODE

----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

CHAPTER V--ABETMENT

109 Abetment of any offence, if the act Same as for offence abetted
abetted is committed in consequence,
and where no express provision is made
for it is punishment.

110 Abetment of any offence, if the person Ditto
abetted does the act with a different
intention from that of the abettor.

111 Abetment of any offence, when Same as for offence
one act is abetted and a different intended to be abetted.
act is done; subject to the proviso.

113 Abetment of any offence, when an Same as for offence
effect is caused by the act abetted committed
different from that intended by the
abettor.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
According as offence According as offence Court by which abetted is cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable.

Ditto Ditto Ditto

Ditto Ditto Ditto

Ditto Ditto Ditto
----------------------------------------------------------------------


1022



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

114 Abetment of any offence, if Same as for offence committed
abettor is present when offence
is committed.

115 Abetment of an offence, punishable Imprisonment for 7 years and
with death or imprisonment for fine.
life, if the offence be not
committed in consequence of the
abetment.

If an act which causes harm be Imprisonment for 14 years and
done in consequence of the fine.
abetment.

116 Abetment of an offence, punishable Imprisonment extending to a
with imprisonment, if the offence quarter part of the longest
be not committed in consequence term provided for the offence
of the abetment. or fire, or both.

If the abettor or the person abetted Imprisonment extending to half
be a public servant whose duty of the longest term provided
it is to prevent the offence. for the offence, or fine, or
or both.

117 Abetting the commission of an Imprisonment for 3 years, or
offence by the public or by more fine, or both.
than ten persons.

118 Concealing a design to commit an Imprisonment for 7 years and
offence punishable with death fine.
or imprisonment for life, if the
offence be committed.

If the offence be not committed Imprisonment for 3 years and
fine.

----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
According as offence abetted According as offence Court by which is cognizable or non-cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable.
----------------------------------------------------------------------
Ditto NOn-bailable Ditto.

Ditto Ditto Ditto.

Ditto According as offence Ditto.
abetted is bailable or
non-bailable.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Non-bailable Ditto.

Ditto Bailable Ditto.
----------------------------------------------------------------------



1023



119 A public servant concealing a Imprisonment extending to half
design to commit an offence of the longest term provided
which it is his duty to prevent, for the offence, or fine, or
if the offence be committed. both.

If the offence be punishable with Imprisonment for 10 years
death or imprisonment for life.
if the offence be not committed Imprisonment extending to a
quarter part of the longest
term provided for the offence,
or fine, or both.

120 Concealing a design to commit an Ditto
offence punishable with impri-
sonment, if offence be com-
mitted.

If the offence be not committed Imprisonment extending to one-
eighth part of the longest
term provided for the offence
fine, or both.



Ditto According as offence abetted Ditto.
is bailable or non-bailable
Ditto non-bailable Ditto.

Ditto Bailable Ditto.

Ditto According as offence abetted Ditto.
is bailable or non-bailable.

Ditto Bailable Ditto.


CHAPTER VA-CRIMINAL CONSPIRACY


120B Criminal conspiracy Same as for abetment According as the
to commit an offence offence which is the offence which is
punishable with death, object of the consp- the object of
imprisonment for life iracy. conspiracy is co-
or rigorous imprison- gnizable or non-
ment for a term of two cognizable.
years or upwards.

Any other criminal consp- Imprisonment for 6 Non-cognizable
iracy. months, or fine, or
both.


According as offence which is object Court by which abetment of conspiracy is bailable or non-bail- of the offence which is able. the object of conspiracy
is triable.

Bailable Magistrate of the first
Class.


CHAPTER VI-OFFENCES AGAINST THE STATE


121 Waging or attempting to wage Death, or imprisonment for life war or abetting the waging of and fine. war, against the Government of
India.


Cognizable Non-bailable Court of Session.



1024



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
121A Conspiring to commit certain Imprisonment for life, or impr-
offences against the State. sonment for 10 years and fine.

122 Collecting arms, etc., with Imprisonment for life, or impr-
the intention of waging war isonment for 10 years and fine.
against the Government of
India.

123 Concealing with intent to Imprisonment for 10 years and
facilitate a design to wage fine.
war.

124 Assaulting President, Governor,Imprisonment for 7 years and
etc., with intent to compel or fine.
restrain the exercise of any
lawful power.

124A Sedition Imprisonment for life and fine,
or imprisonment for 3 years and
fine, or fine.

125 Waging war against any Asiatic Imprisonment for life and fine,
power in alliance or at peace or imprisonment for 7 years
with the Government of India, and fine, or fine.
or abetting the waging of such
war.

126 Committing depredation on the Imprisonment for 7 years and
territories of any power in fine, and forfeiture of certain
alliance or at peace with the property.
Government of India.

127 Receiving property taken by Ditto
war or depredation mentioned
in sections 125 and 126.

128 Public servant voluntarily Imprisonment for life, or impr-
allowing prisoner of State isonment for 10 years and fine.
or war in his custody to
escape.



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.
----------------------------------------------------------------------


1025


129 Public servant negligently suffering Simple imprisonment for 3
prisoner of State of war in his years and fine.
custody to escape.

130 Aiding escape of rescuring or har- Imprisonment for life, or
bouring, such prisoner, or offering imprisonment for 10 years
any resistance to the recapture of fine.
such prisoner.


CHAPTER VII--OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE


131 Abetting mutiny, or attempting Imprisonment for life, or impr-
to seduce an officer, soldier, isonment for 10 years and fine.
sailor or airman from his alle-
giance or duty.

132 Abetment of mutiny, if mutiny Death, or imprisonment for life,
is committed in consequence or imprisonment for 10 years and
thereof. fine.

133 Abetment of an assault by an Imprisonment for 3 years and
officer, soldier, sailor or fine.
airman on his superior officer,
when in the execution of his office.

134 Abetment of such assault, if the Imprisonment for 7 years and
assault is committed. fine.

135 Abetment of the desertion of an Imprisonment for 2 years, or
officer, soldier, sailor or fine, or both.
airman.

136 Harbouring such an officer, Ditto
soldier, sailor or airman who
has deserted.

137 Deserter concealed on board Fine of 500 rupees
merchant vessel, through
negligence of master or
person in charge thereof.


Ditto Bailable Magistrate of the
first class.

Ditto Non-bailable Court of Session.


Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Bailable Any Magistrate.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto .
----------------------------------------------------------------------


1026


Section Offence Cognizable or
non-cognizable
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

138 Abetment of act of in sub- Imprisonment for 6 months, Cognizable
ordination by an officer, or fine, or both.
soldier, sailor or airman,
if the offence be committed
in consequence.

140 Wearing the dress or car- Imprisonment for 3 months, Ditto
rying any token used by a or fine of 500 rupees, or
soldier, sailor or airman both.
with intent that it may be
believed that he is such a
soldier, sailor or airman.

----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.


CHAPTER VIII--OFFENCES AGAINST THE PUBLIC TRANQUILITY


143 Being member of an unlawful Imprisonment for 6 months, or
assembly. fine, or both.

144 Joining an unlawful assembly Imprisonment for 2 years, or fine,
armed with any deadly weapon. or both.

145 Joining or continuing in an Ditto
unlawful assembly, knowing
that it has been committed
to disperse.

147 Rioting Ditto

148 Rioting armed with a deadly Imprisonment for 3 years, or fine,
weapon. or both.

149 If an offence be committed by The same as for the offence
any member of an unlawful
assembly, every other member
of such assembly shall be guilty
of the offence.

Cognizable Bailable Any
Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

According as offence According as offence The Court by is cognizable or is bailable or non- which the offence non-cognizable. bailable. is triable.


1027


150 Hiring, engaging or employing The same as for a member of such
persons to take part in an un- assembly, and for any offence
lawfull assembly. committed by any member of such
assembly.

151 Knowingly joining or continuing Imprisonment for 6 months, or
in any assembly of five or more fine, or both.
persons after it has been com-
manded to disperse.

152 Assaulting or obstructing Imprisonment for 3 year,
public servant when suppressing or fine, or both.
riot, etc.

153 Wantonly giving provocation Imprisonment for 1 year, or fine
with intent to cause riot, if or both.
rioting be committed.

If not committed Imprisonment for 6 months, or
fine, or both.

153A Promoting enmity between Imprisonment for 3 years , or
classes fine, or both.

Promoting enmity between Imprisonment for 5 years and
classes in place of worship, fine.
etc.

153B Imputations, assertions prej- Imprisonment for 3 years, or
udicial to national integration. fine, or both.


If committed in a place of Imprisonment for 5 years and
public worship, etc. fine.

154 Owner of occupier of land not Fine of 1,000 rupees
giving information of riot, etc.

155 Person for whose benefit or on Fine
whose behalf a riot takes place
not using all lawful means to
prevent it.


Cognizable Ditto Ditto.

Ditto Bailable Any Magistrate.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Any Magistrate.


Ditto Ditto Magistrate of the
first class.

Ditto Non-bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Bailable Any Magistrate .

Ditto Ditto Ditto.
----------------------------------------------------------------------

1028

----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

156 Agent of owner or occupier for Fine
whose benefit a riot is
committed not using all lawful
means to prevent it .

157 Harbouring persons hired for an Imprisonment for 6 months, or
unlawful assembly. fine, or both.

158 Being hired to take part in an Ditto
unlawful assembly or riot.

Or to go armed Imprisonment for 2 years , or
fine or both.

160 Committing affray Imprisonment for one month, or
fine of 100 rupees, or both.

----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Non-cognizable Bailable Any Magistrate.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


CHAPTER IX--OFFENCES BY OR RELATING TO PUBLIC SERVANTS


161 Being or excepting to be Imprisonment for 3 years, or
a public servant, and taking a fine, or both.
gratification other than legal
remuneration in respect of an
official act.

162 Taking a gratification in order, Ditto
by corrupt or illegal means, to
influence a public servant.

163 Taking a gratification for the Simple imprisonment for 1 year
exercise of personal influence or fine, or both.
with a public servant.

164 Abetment by public servant of Imprisonment for 3 years, or
the offences defined in the last fine, or both.
two preceding clauses with refe-
rence to himself.


Cognizable Non-bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.



1029



165 Public servant obtaining Ditto
any valuable thing, without
consideration, from a person
concerned in any proceeding
or business transacted by
such public servant.

165A Punishment for abetment of Ditto
offences punishable under
section 161 or section 165.

166 Public servant disobeying a Simple imprisonment for 1 year, or
direction of the law with fine, or both.
intent to cause injury to
any person.

167 Public servant framing an Imprisonment for 3 years or
incorrect document with Cognizable fine, or both.
intent to cause injury.

168 Public servant unlawfully Simple imprisonment for 1 year,
engaging in trade. or fine, or both.

169 Public servant unlawfully Simple imprisonment for 2 years,
buying or bidding for or fine, or both and confiscation
property. of property, if purchased.

170 Personating a public servant Imprisonment for 2 years, or fine,
or both.

171 Wearing grab or carrying to- Imprisonment for 3 months, or
ken used by public servant fine 200 rupees, or both.
fraudulent intent.


Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Bailable Ditto.

Cognizable Ditto Ditto.
non-cognizable Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Non-bailable Any Magistrate.

Ditto Bailable Ditto.


CHAPTER IXA--OFFENCES RELATING TO ELECTIONS


171E Bribery Imprisonment for 1 years, or
fine, or both, or if treating
only, fine only.

171F Undue influence at an Imprisonment for one year, or
election fine, or both.

Personation at an Imprisonment for one year, or
election fine, or both.

Non-cognizable Bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.
---------------------------------------------------------------------


1030


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------

1 2 3
----------------------------------------------------------------------

171G False statement in connection with Fine
an elections.

171H Illegal payments in connection Fine of 500 rupees
with elections.

171I Failure to keep election accounts. Ditto

----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


CHAPTER X--CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS


172 Absconding to avoid service of Simple imprisonment for 1 month,
summons of other proceeding or fine of 500 rupees, or both.
from a public servant.

If summons or notice require Simple imprisonment for 6
attendance in person, etc., months, or fine or 1,000
in a Court of Justice. rupees, or both.

173 Preventing the service of the Simple imprisonment for 1 months,
affixing of any summons of noti- or fine of 500 rupees, or both.
ce, or the removal of it when
it has been affixed, or preven-
ting a proclamation.

If summons, etc., require atten- Simple imprisonment for 6 months
dance in person, etc., in a Court or fine of 1,000 rupees, or
of Justice. both.

174 Not obeying a legal order to Simple imprisonment for 1 month
attend at a certain place in or fine of 500 rupees, or both.
person or by agent, or departing
therefrom without authority.

If the order requires personal Simple imprisonment for 6
attendance, etc., in a Court of months, or fine or 1,000
Justice. rupees, or both.


Non-cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


1031

175 internationally omitting to Simple imprisonment for 1 month,
produce a document to a public or fine of 500 rupees, or both.
servant by a person legally
bound to produce or deliver
such document.

If the document is required to Simple imprisonment for 6 months,
be produced in or delivered to or fine of 1,000 rupees, or both.
a Court of Justice.

176 Intentionally omitting to give Simple imprisonment for 1 month,
notice or information to a or fine, or 500 rupees, or both.
public servant by a person
legally bound to give such
notice or information.

If the notice or information Simple imprisonment for 6
required respects the commission months, or fine if 1,000
of an offence, etc. rupees, or both.

If the notice or information is Imprisonment for 6
required by an order passed under months, or fine of 1,000
sub-section (1) of section 356 rupees, or both.
of this Code.

177 Knowingly furnishing false in- Ditto
formation to a public servant.

If the information required res- Imprisonment for 2
pects the commission of an years, or fine,
offence, etc. or both.


178 Refusing oath when duly required Simple imprisonment for 6
to take oath by a public servant. months, or fine of 1,000
rupees, or both.




Non-Cognizable Bailable The court in which the
offence is committed,
subject to the provi-
sions of Chapter XXVI;
or, if not committed in
a Court, any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto The Court in which the
offence is committed,
subject to the provis-
ions of Chapter XXV. or
if not committed in a
Court, any Magistrate.
----------------------------------------------------------------------


1032



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

179 Being legally bound to state Simple imprisonment for 6
truth and refusing to answer months, or fine of 1,000
questions. rupees, or both.


180. Refusing to sign a statement simple imprisonment for 3
made to a public servant months, or fine of 500
when legally required to do rupees, or both.
so.

181. Knowingly stating to a public Imprisonment for 3 years
servant on oath as true that and fine.
which is false.

182. Giving false information to Imprisonment for 6 months,
a public servant in order to or fine of 1,000 rupees, or
cause him to use his lawful both.
power to the injury or
annoyance of any person.

183. Resistance to the taking of Ditto
property by the lawful auth-
ority of a public servant.


184. Obstructing of property off- Imprisonment for 1 month, or
ered for sale by authority fine of 500 rupees, or both.
of a public servant.

185. Bidding, by a person under a Imprisonment for 1 month, or
legal incapacity to purchase fine of 200 rupees, or both.
it, for property at a lawfu-
lly authorised sale, or bidd-
ing without intending to -
perform the obligations
incurred there by.


186. Obstructing public servant Imprisonment for 3 months, or
in discharge of his public fine of 500 rupees, or both.
functions.




----------------------------------------------------------------------
Cognizable or Bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bialable The Court in which the
offence is committed,
subject to the provisions
of Chapter XXV; or, if
not committed in a Court,
any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the first
class.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.
----------------------------------------------------------------------

1033


187 Omission to assist public Simple imprisonment for 1
servant when bound by law month, or fine of 200 rupees,
to give such assistance. or both.

Wilfully neglecting to aid Simple imprisonment for 6
a public servant who demands months, or fine of 500 rupees,
aid in the execution of or both.
process, the prevention of
offences, etc.

188 Disobedience to an order Simple imprisonment for 1
lawfully-promulgated by a month, or fine of 200 rupees,
public servant, if such or both.
disobedience causes obstruc-
tion, annoyance or injury
to persons lawfully
employed.

If such disobedience causes Imprisonment for 6 months, or
danger to human life,health fine if 1,000 rupees, or both.
or safety, etc.


189 Threatening a public servant Imprisonment for 2 years, or
with injury to him or one in fine, or both.
whom he is interested, to
induce him to do or forbear
to do any official act.

190 Threatening any person to Imprisonment for 1 year, or
induce him to refrain from fine, or both.
making a legal application
for protection from injury.


Non-Cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.


CHAPTER XI-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE


193 Giving or fabricating Imprisonment for 7 years and
false evidence in a fine.
judicial proceeding.

Giving or fabricating false Imprisonment for 3 years and
evidence in any other case. fine.

194 Giving or fabricating false Imprisonment for life, or
evidence with intent to cause rigorous imprisonment for 10
any person to be convicted years and fine.
of a capital offence.

If innocent person be there- Death, or as above.
by convicted and executed.


Non-cognizable Bailable Magistrate of the first
class.

Ditto Ditto Any Magistrate.

Ditto Non-bailable court of session.

Ditto Ditto Ditto.
----------------------------------------------------------------------


1034


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
195 Giving or fabricating false The same as for the offences.
evidence with intent to
procure conviction of an
offence punishable with
imprisonment for life or
with imprisonment for 7
years or upwards.

196 Using in a judicial The same as for giving or
proceeding evidence known fabricating false evidence.
to be false or fabricated.

197 Knowingly issuing or signing Ditto
a false certificate relating
to any fact of which such
certificate is by law admis-
sible in evidence.

198 Using as a true certificate Ditto
one known to be false in a
material point.

199 False statement made in any Ditto
declaration which is by law
receivable as evidence.

200 Using as true any such decl- Ditto.
aration known to be false.

201 Causing disappearance of Imprisonment for 7 years and
evidence of an offence comm- fine.
itted, giving false informa-
tion touching it to screen
the offender, if a capital
offence.


----------------------------------------------------------------------
Cognizable or Bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Non-bailable Court of Session.


Ditto According as offe- Court by which offence of
nce of giving such giving or fabricating
evidence is bailab- false evidence is triable.
le or non-bailable.

Ditto Bailable Court by which offence of
giving false evidence is
triable.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

According as the Ditto Court of Session.
offence in relation
to which disappear-
ance of evidence
is caused is cogni-
zable or non-cogni-
zable.

----------------------------------------------------------------------

1035

If punishable with impris- Imprisonment for 3 years and
onment for life or impris- fine.
onment for 10 years.

If punishable with less than Imprisonment for a quarter of
10 years' imprisonment. the longest term provided for
the offence, or fine, or both.


202 Intentional omission to give Imprisonment for 6 months,
information of an offence by or fine, or both.
a person legally bound to
inform.

203 Giving false information res- Imprisonment for 2 years, or
pecting an offence committed. fine, or both.

204 Secreting or destroying any Ditto.
document to prevent its prod-
uction as evidence.

205 False personation for the pu- Imprisonment for 3 years, or
rpose of any act or proceed- fine, or both.
ing in a suit or criminal
prosecution, or for becoming
bail or security.

206 Fraudulent removal or conce- Imprisonment for 2 years, or
alment, etc., of property to fine, or both.
prevent its seizure as a fo-
rfeiture, or in satisfaction,
of a fine under sentence, or
in execution of a decree.




207 Claiming property without Imprisonment for 2 years, or
right, or practising decep- fine, or both.
tion touching any right to
it, to prevent its being
taken as a forfeiture, or
in satisfaction of a fine
under sentence, or in exec-
ution of a decree.


Non-cognizable Bailable Magistrate of the first
class.

Ditto Ditto Court by which the offe-
nce is triable.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.


Ditto Ditto Magistrate of the first
class.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.
----------------------------------------------------------------------


1036



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------


208 Fraudulently suffering a Imprisonment for 2 years, or
decree or to pass for a sum fine, or both.
not due, or suffering decree
to be executed after it has
been satisfied.

209 False claim in a Court of Imprisonment for 2 years and
Justice fine.


210 Fraudulently obtaining a Imprisonment for 2 years, or
decree for a sum not due, or fine, or both.
causing a decree to be exec-
uted after it has been
satisfied.

211 False charge of offence made Ditto.
with intent to injure.

If offence charged be punis- Imprisonment for 7 years and
hable with imprisonment for fine.
7 years or upwards.

If offence charged be cap- Ditto
ital or punishable with
imprisonment for life.


212 Harbouring an offender,if Imprisonment for 5 years and
the offence be capital. fine.

If punishable with imprisonm- Imprisonment for 3 years and
ent for life or with impriso- fine.
nment for 10 years.

If punishable with imprisonm- Imprisonment for a quarter of
ent for 1 year and not for 10 the longest term, and of the
years. description, provided for the
offence, or fine, or both.


----------------------------------------------------------------------
Cognizable or bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bailable Magistrate of the first
class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Court of Session.

Cognizable Ditto Magistrate of the first
class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.




1037


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

213 Taking gift, etc., to screen Imprisonment for 7 years and
an offender from punishment fine.
if the offence be capital.

If punishable with impriso- Imprisonment for 3 years and
nment for life or with imp- fine.
risonment for 10 years.

If punishable with impriso- Imprisonment for a quarter of
nment for less than 10 years. the longest term provided for
the offence, or fine, or both.

214 Offering gift or restoration Imprisonment for 7 years and
of property in consideration fine.
of screening offender if the
offence be capital.

If punishable with imprison- Imprisonment for 3 years and
ment for life or with impris- fine.
onment for 10 years.

If punishable with imprisonm- Imprisonment for a quarter of
ent for less than 10 years. the longest term provided for
the offence, or fine, or both.


215 Taking gift to help to reco- Imprisonment for 2 years, or
ver movable property of fine, or both.
which a person has been dep-
rived by an offence without
causing apprehension of
offender.

216 Harbouring an offender who Imprisonment for 7 years and
has escaped from custody, fine.
or whose apprehension has
been ordered, if the offence
be capital.

If punishable with impriso- Imprisonment for 3 years, with
nment for life or with imp- or without fine.
risonment for 10 years.

If punishable with impriso- Imprisonment for a quarter of
nment for 1 year and not the longest term provided for
for 10 years. the offence, or fine, or both.


Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.
----------------------------------------------------------------------



1038



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

216A Harbouring robbers or dacoits Rigorous imprisonment for 7
years and fine.

217 Public servant disobeying a Imprisonment for 2 years, or
direction of law with intent fine, or both.
to save person from punis-
hment, or property from
forfeiture.

218 Public servant framing an Imprisonment for 3 years, or
incorrect record or writing fine, or both.
with intent to save person
from punishment, or property
from forfeiture.

219 Public servant in a judicial Imprisonment for 7 years, or
proceeding corruptly making fine, or both.
and pronouncing an order,
report, verdict, or decision
which he knows to be
contrary to law.

220 Commitment for trial or Ditto
confinement by a person having
authority, who knows that he
is acting contrary to law.

221 Intentional omission to Imprisonment for 7 years, with
apprehend on the part of or without fine.
a public servant bound by
law to apprehend an offender,
if the offence be capital.


If punishable with imprisonm- Imprisonment for 3 years,
ent for life or imprisonment with or without fine.
for 10 years.


----------------------------------------------------------------------
Cognizable or bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Bailable Magistrate of the first
class.

Non-cognizable Ditto Any Magistrate.

Cognizable Ditto Magistrate of the first
class.

Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.

According as the Ditto Ditto.
offence in rela-
tion to which
such omission
has been made is
cognizable or
non-cognizable.

cognizable Ditto Ditto.





1039


If punishable with imprisonm- Imprisonment for 2 years, with
ment for less than 10 years. or without fine.

222 Intentional omission to app- Imprisonment for life, or im-
rehend on the part of a pub- prisonment for 14 years, with
lic servant bound by law to or without fine.
apprehend person under sent-
ence of a Court of Justice
if under sentence of death.

If under sentence of impris- Imprisonment for 7 years,
onment 10 years, or upwards. with or without fine.

If under sentence of impris- Imprisonment for 3 years, or
onment for less than 10 fine, or both.
years or lawfully committed
to custody.


223 Escape from confinement negl- Simple imprisonment for 2
igently suffered by a public years, or fine, or both.
servant.

224 Resistance or obstruction by Imprisonment for 2 years, or
a person to his lawful appre- fine, or both.
hension.

225 Resistance or obstruction to Ditto
the lawful apprehension of
any person, or rescuing him
from lawful custody.

If charged with an offence Imprisonment for 3 years and
punishable with imprisonment fine.
for life or imprisonment for
10 years.

If charged with a capital Imprisonment for 7 years and
offence fine.

If the person is sentenced Ditto.
to imprisonment for life, or
imprisonment for 10 years,
or upwards.


Ditto Ditto Ditto.

Ditto Non-bailable Court of Session.

Ditto Ditto Magistrate of the first
class.

Ditto Bailable Ditto.

Non-cognizable Ditto Any Magistrate.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Non-bailable Magistrate of the first
class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.





1040



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

If under sentence of death Imprisonment for life, or im-
prisonment for 10 years and
fine.


225A Omission to apprehend, or
sufferance of escape on part
of public servant, in cases
not otherwise provided for :-


(a) in case of intentional Imprisonment for 3 years, or
omission or sufferance. fine, or both.

(b) in case of negligent Simple imprisonment for 2
omission or sufferance. years, or fine, or both.

225B Resistance or obstruction to Imprisonment for 6 months, or
lawful apprehension, or fine, or both.
escape or rescue in case not
otherwise provided for.

227 Violation of condition of re- Punishment of original senten-
mission of punishment. ce, or if part of punishment
has been undergone, the
residue.

228 Intentional insult or inter- Simple imprisonment for 6
ruption to a public servant months, or fine of 1,000
sitting in any stage of a rupees, or both.
judicial proceeding.

1*228A Disclose of identity of the Imprisonment for 2 years and
victim of the certain fine.
offences, etc.

Printing or publication of Ditto
a proceeding without prior
permission of court.

229 Personation of a juror or Imprisonment for 2 years,
assessor. or fine; or both.






----------------------------------------------------------------------
Cognizable or bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Court of Session.

Non-cognizable Bailable Magistrate of the first
class.

Ditto Ditto Any Magistrate.

Cognizable Ditto Ditto.

Ditto Non-bailable The Court by which the
original Offence was
triable.

Non-cognizable Bailable The Court in which the
offence is committed
subject to the provisions
of Chapter XXVI

Cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

---------------------------------------------------------------------
1* Ins. by Act 43 of 1983, s.5.
---------------------------------------------------------------------


1041



CHAPTER XII-OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS


231 Counterfeiting, or perfor- Imprisonment for 7 years and
ming any part of the fine.
process of counterfeiting,
coin.

232 Counterfeiting, or perfor- Imprisonment for life, or im-
ming any part for the process prisonment for 10 years and
of counterfeiting, coin. fine.

233 Making, buying or selling Imprisonment for 3 years and
instrument for the purpose fine.
of counterfeiting Indian coin.

234 Making, buying or selling Imprisonment for 7 years and
instrument of the purpose of fine.
counterfeiting Indian coin.

335 Possession of instrument or Imprisonment for 3 years and
material for the purpose of fine.
using the same for counter-
feiting coin,

If Indian coin. Imprisonment for 10 years and
fine.

336 Abetting, in India, the The punishment provided for
counterfeiting, out of India, abetting the counterfeiting
of coin. of such coin within India.

337 Import or export of counter- Imprisonment for 3 years and
feit coin, knowing the same fine.
to be counterfeit.

338 Import or export of counter- Imprisonment for life, or im-
feit of Indian coin, knowing prisonment for 10 years and
the same to be counterfeit. fine.

339 Having any counterfeit coin Imprisonment for 5 years and
known to be such when it came fine.
into possession, and deliver-
ing, etc., the same to any
person.


Cognizable Non-bailable Magistrate of the first
class.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the first
class.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the first
class.

Ditto Ditto court of Session.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the first
class.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the first
class.

1042


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
240 Same with respect to Indian coin- Imprisonment for 10 years
and fine.

241 Knowingly delivering to another Imprisonment for 2 years,
any counterfeit coin as genuine, fine, or 10 times the
which, when first possessed, value of the coin counte-
the deliverer did not know to rfeited, or both.
be counterfeit.

242 Possession of counterfeit coin by Imprisonment for 3 years
a person who knew it to be fine. and fine.
counterfeit when he became
possessed thereof.

243 Possession of Indian coin by a Imprisonment for 7 years
person who knew it to be fine. and fine.
counterfeit when he became
possessed thereof.

244 Person employed in a Mint Ditto
causing coin to be of a diffe-
rent weight or composition
from that fixed by law.

245 Unlawfully taking from a Mint Ditto
any coining instrument.

246 Fraudulently diminishing the Imprisonment for 3 years
weight or altering the composi- and fine.
tion of Indian coin.

247 Fraudulently diminishing the Imprisonment for 7 years
weight or altering the composi- and fine.
tion of Indian coin.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Court of Session.

Ditto Ditto Any Magistrate.

Ditto Ditto Magistrate of the first
class.

Ditto Ditto Ditto.


Ditto Ditto Ditto.


Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.



1043



248 Altering appearance of any coin Imprisonment for 3 years
with intent that it shall pass as and fine.
a coin of a different description.

249 Altering appearance of Indian Imprisonment for 7 years
coin with intent that it shall and fine.
pass as a coin of a different descrip-
tion.

250 Delivery to another of coin Imprisonment for 5 years
possessed with the knowledge and fine.
that it is altered.


251 Delivery of Indian coin possessed Imprisonment for 10 years
with the knowledge that it is and fine.
altered.

252 Possession of altered coin by a Imprisonment for 3 years
person who knew it to be and fine.
altered when he became
possessed thereof.

253 Possession of Indian coin by a Imprisonment for 5 years
person who knew it to be altered and fine.
when he became possessed
thereof.

254 Delivery to another of coin as Imprisonment for 2 years
genuine which, when first or fine, or 10 times the
possessed, the deliverer did not value of the coin.
know to be altered.

255 Counterfeiting a Government Imprisonment for life, or
stamp. imprisonment for 10 years
and fine.

256 Having possession of an instru- Imprisonment for 7 years
ment or material for the purpose and fine.
of counterfeiting a Government
stamp.

257 Making, buying or selling instru- Ditto
ment for the purpose of counter-
feiting a Government stamp.



Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.



1044


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

258 Sale of counterfeit Government Imprisonment for 7 years
Stamp. and fine.

259 Having possession of a counterfeit Ditto
Government stamp.

260 Using as genuine a Government Imprisonment for 7 years,
stamp known to be counterfeit. or fine, or both.

261 Effacing any writing from a Imprisonment for 3 years,
substance bearing a Government or fine or both.
stamp, or removing from a document
a stamp used for it, with intent
to cause a loss to Government.


262 Using a Government stamp Imprisonment for 2 years
known to have been before fine, or fine, or both.
used.

263 Erasure of mark denoting that Imprisonment for 3 years,
stamps have been used. or fine, or both.

263A Fictitious stamps Fine of 200 rupees


CHAPTER XIII-OFFENCES RELATING TO WEIGHTS AND MEASURES


264 Fraudulent use of false instrument Imprisonment for 1 year,
for weighing. or fine, or both.

265 Fraudulent use of false weight or Ditto
measure.

266 Being in possession of false Ditto
weight or measures for fraudulent,
use.

267 Making or selling false weights Ditto
or measures for fraudulent use.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Magistrate of the
first class.

Ditto Bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Any Magistrate.


Non-cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Non-bailable Ditto.




1045



CHAPTER XIV- OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS


269 Negligently doing any act known Imprisonment for 6 months
to be likely to spread infection or fine, or both.
of any disease dangerous to life.

270 Malignantly doing any act known Imprisonment for 2 years,
to be likely to spread infection or fine, or both.
of any disease dangerous to life.

271 Knowingly disobeying any qua- Imprisonment for 6
rantine rule. months, or fine, or both.

272 Adulterating food or drink inten- Imprisonment for 6 month,
ded for sale, so as to make the or fine of 1,000 rupees,
same noxious. or both.

273 Selling any food or drink as food Ditto
and drink, knowing the same to
be noxious.

274 Adulterating any drug or medical Ditto
preparation intended for sale so
as to lesson its efficacy, or to
change its operation, or to make
it noxious.

275 Offering for sale or issuing from Ditto
a dispensary any drug or medical
preparation known to have been
adulterated.

276 Knowingly selling or issuing from Ditto
a dispensary any drug or medi-
cal preparation as a different
drug or medical preparation.

277 Defiling the water of a public Imprisonment for 3
spring or reservior. months, of fine of 500
rupees, or both.

278 Making atmosphere noxious to Fine of 500 rupees
health.


Cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Non-cognizable Ditto Ditto.





1046



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
2 2 3
----------------------------------------------------------------------

279 Driving or riding on a public Imprisonment for 6 months
so rashly or negligently as to may or fine of 1,000 rupees,
endanger human life, etc. or both.

280 Navigating any vessel so rashly Imprisonment for 6
negligently as to endanger human months, or fine of 1,000
life, etc. rupees, or both.

281 Exhibition of a false light, mark Imprisonment for 7 years,
or buoy. or fine, or both.

282 Conveying for hire any person by Imprisonment for 6 months,
water, in a vessel in such a state or fine of 1,000 rupees,
so
or so loaded, as to endanger his or, both.
life.

283 Causing danger, obstruction or, Fine of 200 rupees
injury in any public way or line
of navigation.

284 Dealing with any poisonous sub- Imprisonment for 6 months
stance so as to endanger human or fine of 1,000 rupees,
life, etc. or both.

285 Dealing with fire or any combus- Ditto
tible matter so as to endanger
human life, etc.

286 So dealing with any explosive Ditto
substance.

287 So dealing with any machinery Ditto



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6

----------------------------------------------------------------------

Cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.


1047


288 A person omitting to guard against Ditto
probable danger to human life
by the fall of any building over
which he has a right entitling
him to pull it down or repair it.

289 A person omitting to take order Ditto
with any animal in his posses-
sion, so as to guard against
danger to human life, or of grie-
vous hurt, from such animal.

290 Committing a public nuisance Fine of 200 rupees

291 Continuance of nuisance after Simple imprisonment for 6
injunction to discontinue. months, or fine, or both.

292 Sale, etc., of obscene books, On first conviction, with
etc. imprisonment for 2
years, and with fine of
2,000 rupees, and, in the
event of second or
subsequent conviction,
with imprisonment for
five years and
and
with fine of 5,000
rupees.

293 Sale, etc., of obscene objects On first conviction, with
to young persons. imprisonment for 3 years,
and with fine of 2,000
rupees, and in the event
of second or subsequent
conviction, with im-
prisonment for 7 years,
and with fine of 5,000
rupees.

294 Obscene songs Imprisonment for 3 months,
or fine, or both.

294A Keeping a lottery office Imprisonment for 6 months,
or fine, or both.

Publishing proposals relating to Fine of 1,000 rupees
lotteries.


Ditto Ditto Ditto.


Cognizable Ditto Ditto.

Non-cognizable Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.



1048


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------


CHAPTER XV - OFFENCES RELATING TO RELIGION


295 Destroying, damaging or defiling Imprisonment for 2 years,
a place of worship or sacred ob- or fine, or both.
ject with intent to insult the re-
ligion of any class of persons.

295A Maliciously insulting the religion Imprisonment for 2 years,
or the religious beliefs of any or fine, or both.
class.

296 Causing a disturbance to an assem- Imprisonment for 1 year,
bly engaged in religious worship. or fine, or both.

297 Trespassing in place of worship or Ditto
sepulchre, disturbing funeral
with intention to wound the
feelings or to insult the religion
of any person, or offering indig-
nity to a human corpse.

298 Uttering any word or making any Ditto
sound in the hearing or making
any gesture, or placing any
object in the sight of any person,
with intention to wound his
religious feeling.


CHAPTER XVI-OFFENCES AFFECTING THE HUMAN BODY


302 Murder Death, or imprisonment
for life, and fine.

303 Murder by a person under Death
sentence of imprisonment for life.



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Any Magistrate.

Ditto Ditto Magistrate of the
first class.

Ditto Bailable Any Magistrate.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.


Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.




1049



304 culpable homicide not amounting Imprisonment for life,
to murder, if act by which the or imprisonment for 10
death is caused is done with years and fine.
intention of causing death, etc.

If act is done with knowledge that it Imprisonment for 10 years,
is likely to cause death, but or fine, or both.
without any intention to cause
death, etc.


304A Causing death by rash or negli- Imprisonment for 2 years
fine,
gence act. or both.

1*304B Dowry death Imprisonment of not less
than seven years but
which may extend to impri-
sonment for life.

305 Abetment of suicide committed Death, or imprisonment
by child, or insane or for life, or imprison-
delirious person or an idiot, ment for 10 years and
or a person intoxicated. fine.

306 Abetting the commission of suicide Imprisonment for 10 yea
and fine.

307 Attempt to murder Ditto

If such act causes hurt t Imprisonment for life, or
to any person. imprisonment for 10 years
an fine.

Attempt by life-convict to murder, Death or imprisonment for
if hurt is caused. 10 years and fine.

308 Attempt to commit culpable homi- Imprisonment for 3 years,
cide. or fine, or both.

If such act causes hurt to Imprisonment for 7 years,
any person. or fine, or both.

309 Attempt to commit suicide Simple imprisonment for 1
year, or fine, or both.

311 Being a thug Imprisonment for life and
fine.

312 Causing miscarriage Imprisonment for 3 years,
fine, or both.



Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Magistrate of the
first class.

Ditto Non-bailable Court of Session.

Ditto Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Any Magistrate.

Ditto Non-bailable Court of Session.

Non-cognizable Bailable Magistrate of the
first class.
----------------------------------------------------------------------
1* Ins. by Act 43 of 1986, S. 11 (w.e.f. 19-11-1986).
----------------------------------------------------------------------


1050


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3

If the woman be quick with child Imprisonment for 7 years
and fine.

313 Causing miscarriage without wo- Imprisonment for life, or
man's consent. imprisonment for 10 years
fine.

314 Death caused by an act done with Imprisonment for 10 years
intent to cause miscarriage. and fine.

If act done without woman's con- Imprisonment for life, or
sent. as above.

315 Act done with intent to prevent Imprisonment for 10 years
a child being born alive, or to or fine, or both.
cause it to die after its birth.

316 Causing death of a quick unborn Imprisonment for 10 years
child by an act amounting to and fine.
culpable homicide.

317 Exposure of a child under 12 years Imprisonment for 7 years,
of age by parent or person or fine, or both.
having care of it with intention
of wholly abandoning it.

318 Concealment of birth by secret Imprisonment for 2 years,
disposal of dead body. fine, or both.

323 Voluntarily causing hurt Imprisonment for 1 year, or
fine of 1,000 rupees,
or both.

324 Voluntarily causing hurt by dan- Imprisonment for 3 years,
gerous weapons or means. or fine, or both.

325 Voluntarily causing grievous hurt Imprisonment for 7 years
and fine.



----------------------------------------------------------------------
Cognizable of or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6

Non-cognizable Bailable Magistrate of the
first class.

Cognizable Non-bailable court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Non-cognizable Ditto Any Magistrate.

Cognizable Ditto Ditto

Ditto Ditto Ditto.


1051


326 Voluntarily causing grievous Imprisonment for life, or
hurt by dangerous weapons or imprisonment for 10 years
means. and fine.

327 Voluntarily causing hurt to Imprisonment for 10 years
extort property or a valuable and fine.
security, or to constrain to
do anything which is illegal
or which may facilitate the com-
mission of an offence.

328 Administering stupefying drug Ditto.
with intent to cause hurt, etc.

329 Voluntarily causing grievous Imprisonment for life, or
hurt to export property or imprisonment for 10 years
a valuable security, or to con- and fine.
strain to do anything which
is illegal, or which may faci-
litate the commission of an
offence.

330 Voluntarily causing hurt Imprisonment for 7 years
to extort confession or and fine.
information, or to compel res-
toration of property, etc.

331 Voluntarily causing grievous Imprisonment for 10 years
hurt to extort confession or and fine.
information, or to compel res-
toration of property, etc.

332 Voluntarily causing hurt to deter Imprisonment for 3 years,
public servant from his duty. or fine, or both.

333 Voluntarily causing grievous Imprisonment for 10 years
hurt to deter public servant and fine.
from his duty.

334 Voluntarily causing hurt on Imprisonment for 1 month,
grave and sudden provocation, or fine of 500 rupees,
not intending to hurt any other or both.
than the person who gave the
provocation.


Ditto Non-bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Court of Session.

Ditto Ditto Ditto.

Ditto Bailable Magistrate of the
first class.

Ditto Non-bailable Court of Session.

Ditto Bailable Magistrate of the
first class.

Ditto Non-bailable Court of Session.
non-cognizable Bailable Any Magistrate.



1052


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------


335 Causing grievous hurt on grave Imprisonment for 4 years,
and sudden provocation, not or fine of 2,000 rupees,
intending to hurt any other or both.
than the person who gave the
provocation.

336 Doing any act which endangers Imprisonment for 3 months,
human life or the personal safety or fine of 250 rupees,
of others. or both.

337 Causing hurt by an act which Imprisonment for 6 months,
endangers human life, etc. or fine of 500 rupees,
or both.

338 Causing grievous hurt by an act Imprisonment for 2 years,
which endangers human life, or fine of 1,000 rupees,
etc. or both.

341 Wrongfully restraining any person Simple imprisonment for 1
month, or fine of 500
rupees, or both.

342 Wrongfully confining any person Imprisonment for 1 year,
fine of 1,000 rupees, or
both.

343 Wrongfully confining for 3 or Imprisonment for 2
more days. years,or fine, or both.

344 Wrongfully confining for 10 or Imprisonment for 3 years
and more days. and fine.

345 Keeping any person in wrongful Imprisonment for 2 years,
confinement, knowing that a writ in addition to imprisonm-
has been issued for his liberation. ent under any other sec-
tion.

346 Wrongful confinement in secret Ditto


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Bailable Magistrate of the first
class.
Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.


1053


347 Wrongful confinement for the Imprisonment for 3 years
purpose of extorting property, and fine.
or constraining to an illegal
act, etc.

348 Wrongful confinement for the Ditto
purpose of extorting confession
or information, or of compelling
restoration of property, etc.

352 Assault or use of criminal force Imprisonment for 3 months,
otherwise than on grave pro- fine of 500 rupees, or
vocation. both.

353 Assault or use of criminal force Imprisonment for 2 years,
to
to deter a public servant from or fine, or both.
discharge of his duty.

354 Assault or use of criminal force Ditto
to a woman with intent to
outrage her modesty.

355 Assault or criminal force with Ditto
intent to dishonour a person,
otherwise than on grave and
sudden provocation.

356 Assault or criminal force in Ditto
attempt to commit theft of
property worn or carried by a
person.

357 Assault or use of criminal Imprisonment for 1 year,
force in attempt wrongfully or fine of 1,000 rupees,
to confine a person. or both.


358 Assault or use of criminal fo- Simple imprisonment for
rce on grave and sudden provocation. one month, or fine of
200 rupees, or both.


363 Kidnapping Imprisonment for 7 years
and fine.



Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Cognizable Ditto Magistrate of the
first class.


1054


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

363A Kidnapping or obtaining the cus- Imprisonment for 10 years
tody of a minor in order that and fine.
such minor may be employed or used
for purposes of begging.

Maiming a minor in order that Imprisonment for life and
such minor may be employed or fine
used for purposes of begging.

364 Kidnapping or abducting in order Imprisonment for life, or
to murder. rigorous imprisonment for
10 years and fine.

1*364A Kidnapping for ransom, etc Death, or imprisonment
for life, and fine.

365 Kidnapping or abducting with in- Imprisonment for 7 years
tent secretly and wrongfully to and fine.
confine a person.

366 Kidnapping or abducting a woman Imprisonment for 10 years
to compel her marriage or to fine.
cause her defilement, etc.

366A Procuration of minor girl Ditto

366B Importation of girl from foreign Ditto
country.

367 Kidnapping or abducting in order Ditto
to subject a person to grievous
hurt, slavery, etc.

368 Concealing or keeping in confine- Punishment for kidnapping
ment a kidnapped person. or abduction.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Magistrate of the
first class.

Ditto Ditto Court of Session.

Ditto Ditto Ditto.


Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Court by which the
kidnapping or
abduction is triable.

1055


369 Kidnapping or abducting a child Imprisonment for 7 years
with intent to take property and fine.
from the person of such child.

370 Buying or disposing of any person Ditto
as a slave.

371 Habitual dealing in slaves Imprisonment for life, or
imprisonment for 10 years
and fine.

372 Selling or letting to hire a minor Imprisonment for 10 years
for purposes of prostitution, and fine.
etc.

373 Buying or obtaining possession of Ditto
a minor for the same purposes.

374 Unlawful compulsory labour Imprisonment for 1 year,
or fine, or both.

376 Rape Imprisonment for life or
imprisonment for ten
years and fine.


Intercourse by a man with his Imprisonment for two yea-
wife not being under twelve years rs or fine or both.
of age.

376A Intercourse by a man with his wife Imprisonment for two yea-
during separation. rs and fine.

376B Intercourse by public servant Imprisonment for five
with woman in his custody. years and fine.

376C Intercourse by superintendent Ditto
of jail, remand home, etc.

376D Intercourse by manager, etc., of Ditto
a hospital with any woman in that
hospital.

377 Unnatural offences Ditto


CHAPTER XVII-OFFENCES AGAINST PROPERTY


379 Theft Imprisonment for 3 years,
or fine, or both.

380 Theft in a building, tent or Imprisonment for 7 years
vessel and fine.


Ditto Ditto Magistrate of the
first class.

Non-cognizable Bailable Ditto.

Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Any Magistrate.

Cognizable Non-bailable Court of Session.

Non-cognizable Bailable Ditto.

Ditto Ditto Ditto.

Cognizable (but no arrest Ditto.
shall be made
without a warrant
or without an order
of a Magistrate).


Ditto Ditto Ditto.


Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Non-bailable Any Magistrate.

Ditto Ditto Ditto.



---------------------------------------------------------------------

---------------------------------------------------------------------
1 Subs. by Act 43 of 1983, s.5.
---------------------------------------------------------------------


1056


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

381 Theft by clerk or servant of pro- Imprisonment for 7 years
perty in possession of master or fine.
employer.

382 Theft, after preparation having Rigorous imprisonment for
been made for causing death, or 10 years and fine.
hurt, or restraint, or fear of
death, or of hurt, or of restr-
aint,in order to the committing
of such theft, or to retiring
after committing it, or to reta-
ining property taken by it.

384 Extortion Imprisonment for 3 years,
or fine, or both.

385 Putting or attempting to put in Imprisonment for 2 years,
fear of injury, in order to com- or fine, or both.
mit extortion.

386 Extortion by putting a person in Imprisonment for 10 years
fear of death or grievous hurt. and fine.

387 Putting or attempting to put a Imprisonment for 7 years
person in fear of death or grie- and fine.
vous hurt in order to commit
extortion.

388 Extortion by threat of accusation Imprisonment for 10 years
of an offence punishable with and fine.
death, imprisonment for life, or
imprisonment for 10 years.

If the offence threatened be an Imprisonment for life
unnatural offence.




----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Any Magistrate

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Any Magistrate.

Ditto Bailable Ditto.

Ditto Non-bailable Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Bailable Ditto.

Ditto Ditto Ditto.



1057


389 Putting a person in fear of ac- Imprisonment for 10
cusation of an offence punisha- years and fine.
ble with death, imprisonment for
life, or imprisonment for 10
years in order to commit extor-
tion.

If the offence be an unnatural Imprisonment for life.
offence.

392 Robbery Rigorous imprisonment for
10 years and fine.

If committed on the highway Rigorous imprisonment for
between sunset and sunrise. 14 years and fine.


393 Attempt to commit robbery Rigorous imprisonment for
7 years and fine.

394 Person voluntarily causing hurt Imprisonment for life or
in committing or attempting to Rigorous imprisonment for
commit robbery, or any other 10 years and fine.
person jointly concerned in such
robbery.

395 Dacoity Ditto.

396 Murder in dacoity Death, imprisonment for
life, or rigorous impris-
onment for 10 years and
fine.

397 Robbery or dacoity with attempt Rigorous imprisonment for
to cause death or grievous hurt. not less than 7 years.

398 Attempt to commit robbery or Ditto.
dacoity when armed with deadly
weapon.

399 Making preparation to commit Rigorous imprisonment for
dacoity. 10 years and fine.

400 Belonging to a gang of persons Imprisonment for life, or
associated for the purpose of rigorous imprisonment for
habitually committing dacoity. 10 years and fine.



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------


Ditto Ditto Ditto.


Ditto Ditto Ditto.

Ditto Non-bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Court of Session.

Ditto Ditto Ditto

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.



1058


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

401 Belonging to a wandering gang of Rigorous imprisonment for
persons associated for the pur- 7 years and fine.
pose of habitually committing
thefts.

402 Being one Of five or more persons Ditto.
assembled for the purpose of
committing dacoity.


403 Dishonest misappropriation of Imprisonment for 2 years,
movable property, or convert- or fine, or both.
ing it to one's own use.

404 Dishonest misappropriation of Imprisonment for 3 years
property, knowing that it was and fine.
in possession of a deceased
person at his death, and that
it has not since been in the
possession of any person legally
entitled to it.

If by clerk or person employed Imprisonment for 7 years
by deceased. and fine.

406 Criminal breach of trust Imprisonment for 3 years,
or fine, or both.

407 Criminal breach of trust by a Imprisonment for 7 years
carrier, wharfinger, etc. and fine.

408 Criminal breach of trust by a Ditto.
clerk or servant.

409 Criminal breach of trust by public Imprisonment for life, or
servant or by banker, merchant imprisonment for 10 years
or agent, etc. and fine.



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Magistrate of the first
class.

Ditto Ditto Court of Session.

Non-cognizable Bailable Any Magistrate.

Ditto Ditto Magistrate of the
first class'

Ditto Ditto Ditto.

Cognizable Non-bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.



1059



411 Dishonestly receiving stolen pro- Imprisonment for 3 years,
perty knowing it to be stolen. or fine, or both.

412 Dishonestly receiving stolen pro- Imprisonment for life, or
perty knowing that it was rigorous imprisonment for
obtained by dacoity. 10 years and fine.

413 Habitually dealing in stolen pro- Imprisonment for life, or
perty. imprisonment for 10 years
and fine.

414 Assisting in concealment or dis- Imprisonment for 3 years,
posal of stolen property, or fine, or both.
knowing it to be stolen.

417 Cheating Imprisonment for 1 year,
or fine, or both.

418 Cheating a person whose interest Imprisonment for 3 years,
the offender was bound, either or fine, or both.
by law or by legal contract, to
protect.

419 Cheating by personation Ditto

420 Cheating and thereby dishonestly Imprisonment for 7 years
inducing delivery of property, and fine.
or the making, alteration or
destruction of a valuable secu-
rity.

421 Fraudulent removal or conceal- Imprisonment for 2 years,
ment of property, etc., to or fine, or both.
prevent distribution among
creditors.

422 Fraudulently preventing from Ditto.
being made available for his
creditors a debt or demand due
to the offender.

423 Fraudulent execution of deed of Ditto.
transfer containing a false state-
ment of consideration.




Ditto Ditto Any Magistrate.

Ditto Ditto Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Non-cognizable Bailable Ditto.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Non-bailable Magistrate of the
first class.

Non-cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.




1060


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

424 Fraudulent removal or conceal- Imprisonment for 2 years,
ment of property, of himself or or fine, or both.
any other person or assisting in
the doing thereof, or dishonestly
releasing any demand or claim
to which he is entitled.

426 Mischief Imprisonment for 3
months, or fine, or both.


427 Mischief, and thereby causing Imprisonment for 2 years,
damage to the amount of 50 or fine, or both.
rupees or upwards.

428 Mischief of by killing,poisoning, Ditto
maiming or rendering useless
any animal of the value of 10
rupees or upwards.

429 Mischief by killing, poisoning, Imprisonment for 5 years,
maiming or rendering useless or fine, or both.
any elephant, camel, horse, etc.,
whatever may be its value, or
any other animal of the value
of 50 rupees or upwards.

430 Mischief by causing diminution Ditto.
of supply of water for agricul-
tural purposes, etc.

431 Mischief by injury to public Ditto.
road, bridge, navigable river,
or navigable channel, and
rendering it impassable or less
safe for travelling or conveying
property.




----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Non-congnizable Bialable Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


1061


432 Mischief by causing inundation Ditto
or obstruction to public drainage
attended with damage.

433 Mischief by destroying or moving Imprisonment for 7 years,
or rendering less useful a light- or fine, or both.
house or sea-mark, or by exhibit-
ing false lights.

434 Mischief by destroying or moving, Imprisonment for 1 years,
etc., a landmark fixed by public or fine, or both.
authority.

435 Mischief by fire or explosive Imprisonment for 7 years
substance with intent to cause and fine.
damage to an amount of 100
rupees or upwards, or, in case
of agricultural produce, 10 ru-
pees or upwards.

436 Mischief by fire or explosive Imprisonment for life,
substance with intent to destroy or imprisonment for 10
a house, etc. years and fine.

437 Mischief with intent to destroy or Imprisonment for 10 years
make unsafe a decked vessel or and fine.
a vessel of 20 tonnes burden.

438 The mischief described in the last Imprisonment for life,
section when committed by fire or imprisonment for 10
or any explosive substance. years, and fine.

439 Running vessel ashore with intent Imprisonment for 10 years
to commit theft, etc. and fine.

440 Mischief committed after prepara- Imprisonment for 5 years
tion made for causing death, or and fine.
hurt, etc.

447 Criminal trespass Imprisonment for 3
months, or fine of 500
rupees, or both.

448 House-trespass Imprisonment for one year,
or fine of 1,000 rupees,
or both.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Any Magistrate.

Cognizable] Ditto Magistrate of the
first class.


Ditto Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Magistrate of the first
class.

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

---------------------------------------------------------------------


1062.



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

449 House-trespass in order to the Imprisonment for life, or
commission of an offence puni- rigorous imprisonment for
shable with death. 10 years and fine.

450 House-trespass in order to the Imprisonment for 10 years
commission of an offence puni- and fine.
shable with imprisonment for
life,

451 House-trespass in order to the Imprisonment for 2 years
commission of an offence puni- and fine.
shable with imprisonment.

If the offence is theft Imprisonment for 7 years
and fine.


452 House-trespass, having made pre- Imprisonment for 7 years
paration for causing hurt, and fine.
assault, etc.

453 Lurking house-trespass or house- Imprisonment for 2 years
breaking. and fine.

454 Lurking house-trespass or house- Imprisonment for 3 years
breaking in order to the com- and fine.
mission of an offence punishable
with imprisonment.

If the offence be theft Imprisonment for 10 years
and fine.

455 Lurking house-trespass or house- Ditto
breaking after preparation made
for causing hurt, assault, etc.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Bailable Any Magistrate.

Ditto Non-bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.



1063



456 Lurking house-trespass or house- Imprisonment for 3 years
breaking by night. and fine.

457 Lurking house-trespass or house- Imprisonment for 5 years
breaking by night in order to and fine.
the commission of an offence
punishable with imprisonment.

If the offence is theft Imprisonment for 14 years
and fine.

458 Lurking house-trespass or house- Imprisonment for 14 years
breaking by night,after pre- and fine.
paration made for causing hurt,
etc.

459 Grievous hurt caused whilst com- Imprisonment for life, or
mitting lurking house-trespass imprisonment for 10 years
or house breaking. and fine.

460 Death or grievous hurt caused by Ditto.
one of several persons jointly
concerned in house-breaking by
night, etc.

461 Dishonestly breaking open or Imprisonment for 2 years,
unfastening any closed recep- or fine, or both.
tacle containing or supposed to
contain property.

462 Being entrusted with any closed Imprisonment for 3 years,
receptacle containing or sup- or fine, or both.
posed to contain any property,
and fraudulently opening the
same.

CHAPTER XVIII-OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS


465 Forgery Imprisonment for 2 years,
or fine, or both.




Ditto Ditto Any Magistrate.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Ditto.


Ditto Ditto Court of Session.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Bailable Ditto.


Non-cognizable Bailable Magistrate of the
first class.

1064



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

466 Forgery of a record of a Court of Imprisonment for 7 years
Justice or of a Registrar of and fine.
Births, etc., kept by a public
servant.

467 Forgery of a valuable security, Imprisonment for life, or
will, or authority to make or imprisonment for 10 years
transfer any valuable security, and fine.
or to receive any money, etc.

When the valuable security is a Ditto.
promissory note of the Central
Government.

468 Forgery for the purpose of Imprisonment for 7 years
cheating. and fine.

469 Forgery for the purpose of harm- Imprisonment for 3 years
ing the reputation of any person and fine.
or knowing that it is likely to be
used for that purpose.

471 Using as genuine a forged docu- Punishment for forgery of
ment which is known to be such document.
forged.

When the forged document is a Ditto.
promissory note of the Central
Government.


----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Non-cognizable Non-bailable Magistrate of he first
class.

Ditto Ditto Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Bailable Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.



1065



472 Making or counterfeiting a seal, Imprisonment for life, or
plate, etc., with intent to com- imprisonment for 7 years
mit a forgery punishable under and fine.
section 467 of the Indian Penal
Code, or possessing with like
intent any such seal, plate, etc.,
knowing the same to be counterfeit.

473 Making or counterfeiting a seal, Imprisonment for 7 years
plate, etc., with intent to com- and fine.
mit a forgery punishable otherwise
than under section 467 of the
Indian Penal Code, or possessing
with like intent any such seal,
plate, etc., knowing the same to be
counterfeit.

474 Having possession of a document, Ditto.
knowing it to be forged, with
intent to use it as genuine; if
the document is one of the descrip-
tion mentioned in section 466 of
the Indian Penal Code.

If the document is one of the Imprisonment for life, or
description mentioned in section imprisonment for 7 years
467 of the Indian Penal Code. and fine.

475 Counterfeiting a device or mark Ditto.
used for authenticating documents
described in section 467 of the
Indian Penal Code, or possessing
counterfeit marked material.

476 Counterfeiting a device or mark Imprisonment for 7 years
used for authenticating documents and fine.
other than those described in
section 467 of the Indian penal
Code, or possessing counterfeit
marked material.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Non-cognizable Ditto Ditto.

Ditto Ditto Ditto.

Ditto Non-bailable Ditto.


1066



----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

477 Fraudulently destroying or de- Imprisonment for life, or
facing, or attempting to destroy imprisonment for 7 years
or deface, or secreting a will, and fine.
etc.

477A Falsification of accounts Imprisonment for 7 years,
or fine, or both.

482 Using a false property with Imprisonment for 1 year,
intent or injure any or fine, or both.
person.

483 Counterfeiting a property mark Imprisonment for 2 years,
used by another, with intent to or fine, or both.
cause damage or injury.

484 Counterfeiting property mark Imprisonment for 3 years
used by a public servant, or any and fine.
mark used by him to denote the
manufacture, quality, etc., of
any property.

485 Fraudulently making or having Imprisonment for 3 years,
possession of any die, plate or or fine, or both.
other instrument for counter-
feiting any public or private
property mark.

486 Knowingly selling goods marked Imprisonment for 1 year,
with a counterfeit property or fine, or both.
mark.



----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Non-cognizable Non-bailable Magistrate of the
first class.

Ditto Bailable Ditto

Ditto Ditto Any Magistrate.

Ditto Ditto Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.


1067



487 Fraudulently making a false Imprisonment for 3 years,
mark upon any package or or fine, or both.
receptacle containing goods,
with intent to cause it to be
believed that it contains goods
which it does not contain, etc.

488 Making use of any such false mark Ditto

489 Removing, destroying or defacing Imprisonment for 1 year,
property mark with intent to or fine, or both.
cause injury.

489A counterfeiting currency-notes or Imprisonment for life, or
bank-notes. imprisonment for 10 years
and fine.

489B Using as genuine forged or coun- Ditto
terfeit currency-notes or bank-
notes.

489C Possession of forged or counter- Imprisonment for 7 years,
feit or currency-notes or bank- or fine, or both .
notes.

489D Making or possessing machinery, Imprisonment for life, or
instrument or material for forg- imprisonment for 10 years
ing or counterfeiting currency- and fine.
notes or bank-notes.

489E Making or using documents Fine of 100 rupees
resembling currency-notes or
bank-notes.

On refusal to disclose the name Fine of 200 rupees.
and address of the printer.


CHAPTER XIX-CRIMINAL BREACH OF CONTRACTS OF SERVICE


491 Being bound to attend on or Imprisonment for 3
supply the wants of a person months, or fine of 200
who is helpless from youth, rupees or both.
unsoundness of mind or disease,
and voluntarily omitting to do so.



Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Cognizable Non-bailable Court of Session.

Ditto Ditto Ditto.

Ditto Bailable Ditto.

Ditto Non-bailable Ditto.

Non-cognizable Bailable Any Magistrate.

Ditto Ditto Ditto.

Non-cognizable Bailable Any Magistrate.



1068.


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------


1*CHAPTER XX-OFFENCES RELATING TO MARRIAGE.

493 A man by deceit causing a woman Imprisonment for 10 years
not lawfully married to him to and fine.
believe that she is lawfully
married to him and to cohabit
with him in that belief.

494 Marrying again during the life- Imprisonment for 7 years
time of a husband or wife. and fine.

495 Same offence with concealment of Imprisonment for 10 years
the former marriage from the and fine.
Person with whom subsequent
marriage is contracted.

496 A person with fraudulent inten- Imprisonment for 7 years
tion going through the ceremony and fine.
of being married, knowing that
he is not thereby lawfully
married.

497 Adultery Imprisonment for 5 years,
or fine, or both.

498 Enticing or taking away or detain- Imprisonment for 2 years,
ing with a criminal intent a or fine, or both.
married woman.

498A Punishment for Imprisonment for Cognizable if information
subjecting a three years and relating to the commiss-
married woman fine. ion of the offence is
to cruelty. given to an officer in
charge of a police stat-
ion by the person aggrieved
by the offence or
by any person related
to her by blood, marriage
or adoption or if there
is no such relative, by
any public servant belon-
ging to such class or
category as may be noti-
fied by the State
Government in this behalf

----------------------------------------------------------------------
Cognizable or Bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------

Non-cognizable Non-bailable Magistrate of the first
class.

Ditto Bailable Ditto.

Ditto Ditto Ditto

Ditto Ditto Ditto.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Ditto Non-bailable Magistrate of the first
class.
----------------------------------------------------------------------
1 Ins. by Act 46 of 1983, s.6.
----------------------------------------------------------------------


1069


CHAPTER XXI-DEFAMATION


500 Defamation against the President Simple Imprisonment for 2
or the Vice-President or the years, or fine, or both.
Governor of a State or Administ-
rator of a Union territory or a
Minister in respect of his conduct
in the discharge of his public
functions when instituted upon
a complaint made by the Public
Prosecutor.

Defamation in any other case Ditto


501 (a) Printing or engraving matter Ditto
knowing it to be defamatory
against the President of the Vice-
President or the Governor of a
State or Administrator of a
Union territory or a Minister
in respect of his conduct in the
discharge of his public functions
when instituted upon a com-
plaint made by the Public
Prosecutor.

(b) Printing or engraving matter Ditto
knowing it to be defamatory, in
any other case.

502 (a) Sale of printed or engraved Ditto
substance containing defama-
tory matter, knowing it to
contain such matter against the
President or the Vice-President
or the Governor of a State or
Administrator of a Union terri-
tory or a Minister in respect of
his conduct in the discharge of
his public functions when insti-
tuted upon a complaint made
by the Public Prosecutor.


Non-cognizable Bailable Court of Session.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Court of Session.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Court of Session.


----------------------------------------------------------------------

1070


----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------

(b) Sale of printed or engraved Simple imprisonment for 2
substance containing defamatory years, or fine, or both.
matter, knowing it to contain
such matter in any other case.


CHAPTER XXII-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE


504 Insult intended to provoke breach Imprisonment for 2 years,
of the peace. or fine, or both.

505 False statement. rumour, etc., Imprisonment for 3 years,
circulated witH intent to cause or fine, or both.
mutiny or offence against the
public peace.

False statement,rumour, etc.,with Ditto
intent to create enmity, hatred
or ill-will between different
classes.

False statement, rumour, etc., Imprisonment for 5 years
made in place of worship etc., and fine.
with intent to create enmity,
hatred or ill-will.


----------------------------------------------------------------------
Cognizable or bailable or By what non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bialable Magistrate of the
first class.

Non-cognizable Bailable Any Magistrate.

Ditto Non-bailable Ditto.

Cognizable Ditto Ditto.

Ditto Ditto Ditto.


1071


506 Criminal intimidation Imprisonment for 2 years,
or fine, or both.

If threat be to cause death or Imprisonment for 7 years,
grievous hurt, etc. or fine, or both.

507 Criminal intimidation by anony- Imprisonment for 2 years,
mous communication or having in addition to the punishment
taken precaution to conceal under above section.
whence the threat comes.

508 Act caused by inducing a person Imprisonment for 1 year,
to believe that he will be or fine, or both.
rendered an object of Divine
displeasure.

509 Uttering any word or making any Simple imprisonment for 1
gesture intended to insult the year, or fine, or both.
modesty of a woman, etc.

510 Appearing in a public place, etc., Simple imprisonment for
in a state of intoxication, and 24 hours, or fine of 10
causing annoyance to any person. rupees, or both.
person.


CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES.


511 Attempting to commit offences Imprisonment for life or
punishable with imprisonment imprisonment not exceed-
for life or imprisonment, and in ing half of the longest
such attempt doing any act term provided for the
towards the commission of the offence, or fine, or
offence. both.


Non-cognizable Bailable Ditto.

Ditto Ditto Magistrate of the
first class.

Ditto Ditto Ditto.

Ditto Ditto Any Magistrate.

Cognizable Ditto Ditto.

Non-cognizable Ditto Ditto.


According as the According as the The Court by which the offence is cognizable offence attempted offence attempted is or non-cognizable. by the offender is triable.
bailable or not.
----------------------------------------------------------------------


1072

II.-CLASSIFICATION OF OFFENCE AGAINST OTHER LAWS


----------------------------------------------------------------------
Offence Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
If punishable with Cognizable Non-bailable Court of death, imprisonment Session. for life or impris- onment for more than
7 years.

If punishable with Ditto Ditto Magistrate of imprisonment for 3 the first years and upwards class. but not more than
7 years.

If punishable with Non-cognizable Bailable Any imprisonment for less Magistrate. than 3 years or with fine only.

----------------------------------------------------------------------


1073




SCHE

(See section 476)


THE SECOND SCHEDULE

(See section 476)

FORM No. 1

SUMMONS TO AN ACCUSED PERSON

(See section 61)


To (name of accused) of (address).

WHEREAS your attendance is necessary to answer to a charge of
(state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of, on the day of. Herein fail not.

Dated, this day of, 19.

(Seal of the Court) (Signature)



FORM No. 2

WARRANT OF ARREST

(See section 70)


To (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence of (state the offence), you are hereby directed to arrest the said
, and to produce him before me. Herein fail not.
Dated, this day of, 19.
(Sea of the Court) (Signature)
(See section 71)
This warrant may be endorsed as follows:-

If the said shall give bail himself in the sum of rupees with one surety in the sum of rupees (or two sureties each in the sum of rupees) to attend before me on the day of and to continue so to attend until otherwise directed by me, he may be released.


Dated, this day of, 19. (Seal of the Court) (Signature)


1074



(The Second Schedule.)

FORM No. 3

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT

(See section 81)


I, (name), of being brought before the District Magistrate of (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the court of on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court ; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees .

Dated, this day of , 19.

(Signature)

I do hereby declare myself surety for the above-named of , that he shall attend before in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to
Government, the sum of rupees .

Dated, this day of , 19.

(Signature)


FORM No. 4
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
(See section 82)



WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said
(name) cannot be found, and whereas It has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) ;

Proclamation is hereby made that the said of is required to appear at
(place) before this Court (or before me) to answer the said complaint on the day of .

Dated, this day of, 19.

(Seal of the Court) (Signaturey)




1075

(The Second Schedule)

FORM No. 5

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

(See sections 82, 87 and 90)

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of the witness before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ;

Proclamation is hereby made that the said (name) is required to appear at (place) before the Court of on the day of next at o'clock, to be examined touching the offence complained of.

Dated, this day of , 19.

(Seal of the Court)

(Signature)

FORM No. 6

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS
(See section 83)

To the Officer in charge of the police station at

WHEREAS a warrant has been duly issued to compel the attendance of(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ; and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the District of and to hold the said property under attachment pending the further order of this
Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court) (Signature)


1076


(The Second Schedule.)

FORM No. 7

ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED
(See section 83)

To (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a
Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within day; and whereas the said is possessed of the following property, other than land paying revenue to Government, in the Village (or town), of , in the District of , viz., and an order has been made for the attachment thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court)
(Signature)

*Strike out the one which is not applicable, depending on the nature of the property to be attached.


FORM No. 8

ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE
OR COLLECTOR

(See section 83)


To the District Magistrate/Collector of the District of

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the



1077

(The Second Schedule)
offence of , punishable under section of the Indian Penal
Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a
Proclamation has been or is being duly issued and published requiring the said (name) to appear to answer the said charge within days ; and whereas the said is possessed of certain land paying revenue to
Government in the village (or town) of in the District of;

You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.

Dated, this day of , 19.

(Seal of the Court)

(Signature)


*Strike out the one which is not desired.


FORM No. 9

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

(See section 87)


To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that (name and des- cription of accused) of (address) has (or is suspected to have) committed the -offence of (mention the offence concisely), and it appears likely that ,(name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;

This is to authorise and require you to arrest the said (name of witness), and on the day of to bring him before this Court, to be examined touching the offence complained of.


Dated, this day of , 19.

(Seal of the Court)

(Signature)





1078

(The Second Schedule)


FORM No. 10

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE

(See section 93)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence
(or suspected offence) ;

This is to authorise and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of , 19.

(Seal of the Court)
(Signature)



FORM No. 11

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

(See section 94)


To (name and designation of a police officer above the rank of a constable).

WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or it for either of the other purposes expressed in the section, state the purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and




1079

(The Second Schedule)
materials which you may reasonably believe to be kept for the manu- facture of forged documents, or counterfeit stamps, or false seals or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of , 19.
(Seal of the Court)

(Signature)



FORM No. 12

BOND TO KEEP THE PLACE

(See sections 106 and 107)


WHEREAS I, (name), Inhabitant of (place), have been called upon to enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of
, I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees

Dated, this day of , 19.

(Signature)



FORM No. 13

BOND FOR GOOD BEHAVIOUR

(See sections 108, 109 and 110)

WHEAREAS I, (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of (state the period) or until the completion of the inquiry in the matter of now pending in the Court of
I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and,, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees

Dated, this day of , 19.

(Signature)


1080

(The Second Schedule)

(Where a bond with sureties is to be executed, add .

We do hereby declare ourselves sureties for the above-named that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees

Dated, this day of , 19.

(Signature)



FORM No. 14

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

(See section 113)


To of


WHEREAS it has been made to appear to me by credible information that
(state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees
[when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one)], that you will keep the peace for the term of .


Dated, this day of , 19.

(Seal of the Court)

(Signature)





FORM No. 15

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE

(See section 122)



To the Officer in charge of the Jail at

WHEREAS (name and address) appeared before me in person (or by his authorised agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a


1081

(The Second Schedule.)
bond for rupees with one surety (or a bond with two sureties each in rupees ), that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;


This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.


Dated, this day of , 19.

(Seal of the Court)

(Signature)



FORM No. 16

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY

FOR GOOD BEHAVIOUR

(See section 122)



To the Officer in charge of the Jail at

WHEREAS it has been made to appear to me that (name and description) has been concealing his presence within the district, of and that there is reason to believe that he is doing so with a view to committing a cognizable offence ;


or

WHEREAS evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be) ;

And whereas an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees and the said surety (or each of the said sureties) for rupees , and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished ;

This is to authorise and require you to receive the said (name) into your custody, together with this warrant and him safely to keep in the



1082

(The Second Schedule)

Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.


Dated, this day of , 19.

(Seal of the Court) (Signature)



FORM No. 17

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See sections 122 and 123)

(or other officer in whose


To the Officer in charge of the Jail at custody the person is).

WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19; and has since duly given under section of the Code of Criminal Procedure,
1973.

or

WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19 and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community ;

This is to authorise and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause.


Dated, this day of , 19.

(Seal of the Court) (Signature)



FORM No. 18

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

(See section 125)


To the Officer in charge of the Jail at

WHEREAS (name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife (name) [or his



1083

child (name) or his father or mother (name), who is by reason of
(state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees ; and whereas it has been further proved that the said (name) in wilful disregard of the said order has failed to pay rupees, being the amount of the allowance for the month (or months) of ;


And thereupon an order was made adjudging him to undergo im- prisonment in the said Jail for the period of;

This is to authorise and require you to receive the said (name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court)

(Signature)



FORM No. 19

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT

AND SALE

(See section 125)


To (name and designation of the police officer or other person to execute the warrant).

WHEREAS an order has been duly made requiring (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees , and whereas the said (name) in wilful disregard of the said order has failed to pay rupees, being the amount of the allowance for the month (or months) of ;

This is to authorise and require you to attach any movable property belonging to the said (name) which may be found within the district of , and if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of, 19. (Seal of the Court) (Signature)



1084

(The Second Schedule)


FORM No. 20

ORDER FOR THE REMOVAL OF NUISANCES

(See section 133)

To (name, description and address).

WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc., (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists ;


or

WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place;


or

WHEREAS it has been made to appear to me that you are the owner
(or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the pubic way (describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence
(or insecurely fenced);



or



WHEREAS, etc., etc., (as the case may be);

I do hereby direct and require you within (state the time allowed)
(state what is required to be done to abate the nuisance) or to appear at in the Court of on the day of next, and to show cause why this order should not be enforced;

or



I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not



1085

(The Second Schedule)

again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.;

or

I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced) ; or to appear, etc. ;


or


I do hereby direct and require you, etc., etc., (as the case may be).

Dated, this day of , 19.

(Seal of the Court)
(Signature)



FORM No. 21

MAGISTRATE'S NOTICE AND PEREMPTORY ORDER

(See section 141)

To (name, description and address).

I HEREBY give you notice that it has been found that the order issued on the day of requiring you (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Indian Penal Code for disobedience thereto.


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 22

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY

(See section 142)



To (name. description and address).

WHEREAS the inquiry into the conditional order issued by me on the day of , 19 , is pending, and it has been made to appear



1086

(The Second Schedule)
to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury,
I do hereby, under the provisions of section 142 of the Code of
Criminal Procedure, 1973, direct and enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.


Dated, this day of , 19.

(Seal of the Court)

(Signature)



FORM No. 23

MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE


(See section 143)

To (name, description and address).

WHEREAS it has been made to appear to me that, etc. (state the proper recital, guided by Form No. 20 or Form No. 24, as the case may be) ;

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.


Dated, this day of , 19.

(Seal of the Court)

(Signature)

FORM No. 24

MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.

(See section 144)


To (name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road;



or



1087

(The Second Schedule)


WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray;

or

WHEREAS, etc., etc., (as the case may be);

I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road;


or

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 25

MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF

LAND, ETC., IN DISPUTE

(See section 145)

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said (name or names or description) is true ; I do decide and declare that he is (or they are) in possession of the said
(the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.


Dated, this day of, 19.

(Seal of the Court)

(Signature)



1088



(The Second Schedule.)

FORM No. 26

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION
OF LAND, ETC.

(See section 146)

To the Officer in charge of the police station at (or, To the
Collector of).

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid) ;

This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court)

(Signature)



FORM No. 27

MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER
(See section 147)

A DISPUTE having arisen concerning the right of use of (state concisely the subject by dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed");




1088A


(The Second Schedule)

I do order that the said (the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a Competent Court adjudging him (or them) to be entitled to exclusive possession.


Dated, this day of , 19 .

(Seat of the court)

(Signature)



FORM No. 28

BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER

(See section 169)


I, (name), of, being charged with the offence of, and after inquiry required to appear before the Magistrate of


or
and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at , in the
Court of , on the day of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government, the sum of rupees

Dated, this day of , 19.

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said
(name) that he shall attend at in the Court of , on the day of next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees .

Dated, this day of , 19.

(Signature)



1088B


FORM No. 29

BOND TO PROSECUTE OR GIVE EVIDENCE

(See section 170)

I, (name), of (place) , do hereby bind myself to attend at in the Court of at o'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees .

Dated, this day of , 19.

(Signature)


FORM No. 30

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

(See section 206)

To

(Name of the accused)
of (address)


WHEREAS your attendance is necessary to answer a charge of a petty offence (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before (Magistrate) of on the day of 19 , or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not.


Dated, this day of , 19.
(Seal of the Court) (Signature)

(Note.-The amount of fine specified in this summons shall not exceed one hundred rupees.)



1088C

(The Second Schedule)


FORM No. 31


NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

(See section 209)



The Magistrate of hereby gives notice that he has committed one for trial at the next Sessions ; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case.

The charge against the accused is that, etc. (state the offence as in the charge).

Dated, this day of , 19.

(Seal of the Court)

(Signature),


FORM No. 32

CHARGES

(See sections 211, 212 and 213)

I. CHARGES WITH ONE HEAD

(1) (a) 1, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-

(b) On section 121. that you, on or about the day of, at, waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate) [To be substituted for (b)] :-

(2) On section 124. That you, on or about the day of, at , with the intention of inducing the President of India [or, as the case may be, the Governor of (name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as the case may be, the Governor), and thereby committed -an offence punishable under section 124 of the
Indian Penal Code, and within the cognizance of this Court.

(3)On section 161. That you, being a public servant in the Department, directly accepted from (state the name) for another party (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punish-



1088D

(The Second Schedule.)
able under section 161 of the Indian Penal Code, and within the cognizance of this Court.

(4) That you, on or about the day of , at , did (or omitted to do, as the case may be) , such conduct being contrary to the provisions of Act , section , and known by you to be prejudicial to , and thereby committed an offence punishable under section 166 (On section 166.) of the Indian Penal
Cod, and within the cognizance of this Court.

(5) That you, on or about the day of , at , in the course of the trial of before , stated in evidence that " " which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 (On section 193.) of the Indian
Penal Code, and within the cognizance of this Court.

(6) That you, on or about the day of , at , committed culpable homicide not amounting to murder, causing the death of , and thereby committed an offence punishable under section 304 (On section 304.) of the Indian Penal Code, and within the cognizance of this Court.

(7) That you, on or about the day of , at , abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 (On section 306.) of the Indian Penal Code, and within the cognizance of this Court.

(8) That you, on or about the day of , at , voluntarily caused grievous hurt to , and thereby committed an offence punishable under section 325 (On section 325.) of the Indian
Penal Code, and within the cognizance of this Court.

(9) That you, on or about the day of , at , robbed
(state the name), and thereby committed an offence punishable under section 392 (On section 392.) of the Indian Penal Code, and within the cognizance of this Court.

(10) That you, on or about the day of , at , committed dacoity, an offence punishable under section 395 of the
Indian Penal Code, and within the cognizance of this Court.


II. CHARGES WITH TWO OR MORE HEADS

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :---

(b) On section 241. First---That you, on or about the day of, at, knowing a coin to be counterfeit, delivered the same to another person.


1088E

(The Second Schedule.)
by name, A.B., as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly--That you, on or about the of day of;
at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the congnizance of the Court of Session.

(c)And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)] :-

(2) On section and 302 and 304 First-That you, on or about the . day of,
at , committed murder by causing the death ofand 3 thereby committed an offence punishable under section 302 of the Indian 3
Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the day of , at, by causing the death of, committed culpable homicide not amounting to murder, and thereby committed an offence punishable under ,section 304 of the
Indian Penal Code, and within the cognizance of the Court of Session.

(3) On sections 379 an 362. First-That you, on or about the day of, at, committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the day of, at, committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Thirdly-That you, on or about the day of, at, committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the
Indian Penal Code, and within the cognizance of the Court of Session.

Fourthly-That you, on or about the day of, at, committed theft, having made preparation for causing fear of hurt to a


1088F


(The Second Schedule.)

person in order to the retaining of property taken by such theft an thereby committed an offence punishable under section 382 of the India
Penal Code, and within the cognizance of the Court of Session.

(4) Alernative charge on sectin 193. That you, on or about the day of, at, in the course of the inquiry into, before, stated in evide- nce that" and that you, on or about the day of at in the course of the trial of before stated in the evidence that one of which statements you either knew or believed to be false, or did not believeto be true, and thereby committed an offence punishable under section 193 of the
Indian Penal Code, and within the cognizance of the Court of Session.

(In cases tried by Magistrates substitute "within my cognizance", for
" within the cognizance of the Court of Session".)


III. CHARGES F0R THEFT AFTER PREVIOUS CONVICTION

I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-

That you, on or about the day of at committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal
Code, and within the cognizance of the Court of Session (or
Magistrate, as the case may be).

And you, the said (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the day of , had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian
Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian
Penal Code.

And I hereby direct that you be tried, etc.

FORM No. 33

SUMMONS TO WITNESS

(See sections 61 and 244)


To of .

WHEREAS complaint has been made before me that (name of the accused) of (address) has or is suspected to have committed the offence



1088G

(The Second Schedule.)

of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution ;

You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court;and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.

Dated, this day of , 19.
(Seat of the Court) (Signature)



FORM No. 34

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE

IF PASSED BY A 1 [COURT]

2[(See sections 235, 248 and 255)]

To the Officer in charge of the Jail at .

WHEREAS on the day of , (name of prisoner), the
(1st, 2nd, 3rd, as the case may be) prisoner in case No. of the
Calendar for 19 , was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Indian Penal Code (or of
Act),and was sentenced to (state the punishment fully and distinctly);

This is to authorise and require you to receive the said
(prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.

Dated, this day of , 19.

(Seal of the Court) (Signature)


FORM No. 35

WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION

(See section 250)


To the Officer in charge of the Jail at .

WHEREAS (name and description) has brought against (name and des cription of the accused person) the complaint that (mention it concisely)

----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 35, for "Magistrate" (w.e.f. 18-12-
1978).

2 Subs. by s. 35, ibid., for "(see sections 248 and 255)" (w.e.f.
18-12-1978).
----------------------------------------------------------------------


1088H

(The Second Schedule.)

and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said (name) and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as compensation; and whereas the said sum has not been paid and an order has been made for his Simple imprisonment in jail for the period of days, unless the aforesaid sum be sooner paid;

This is to authorise and require you to receive the said (name) into your custody,together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court) (Signature)

FORM No. 36

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR
ANSWERING TO CHARGE OF OFFENCE

(See section 267)

To the Officer in charge of the Jail at

WHEREAS the attendance of (name of prisoner) at present confined detained in the above-mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged) or for the purpose of a proceeding (state shortly the particulars of the proceeding);

You are hereby required to produce the said under safe and sure conduct before this Court on the day of 19, by A.M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.


Dated, this day of , 19.

(Seal of the Court) (Signature)
Countersigned.
(Seal) (Signature)




1088I


(The Second Schedule.)

FORM No. 37

ORDER REQUIRING IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE

(See section 267)

To the Officer in charge of the Jail at .

WHEREAS complaint has been made before this Court that (name Of the accused) of has committed the offence of (state offence concisely with time and place) and it appears that (name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence ;

You are hereby required to produce the said under safe and sure conduct before this Court at on the day of,
19 , by A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.


Dated, this day of , 19.

(Seal of the Court) (Signature)
Countersigned.
(Seal) (Signature)



FORM No. 38

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT

WHEN A FINE IS IMPOSED

(See section 345)


To the Officer in charge of the Jail at .

WHEREAS at a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt ;

And whereas for such contempt the said (name of the offender) has been adjudged by the Court to pay a fine of rupees, or in default



1088J

(The Second Schedule.)

to suffer simple imprisonment for the period of (state the number of months or days) ;

This is to authorise and require you to receive the said (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment),unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19.

(Seal of the Court)

(Signature)



FORM No. 39

MAGISTRATE'S OR JUDGE'S WARRANT' OF COMMITMENT OF WITNESS

REFUSING TO ANSWER OR TO PRODUCE DOCUMENT

(See section 349)

To (name and designation of officer of Court).

WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question
(or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for (term of detention adjudged) ;

This is to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.


Dated, this day of, 19.

(Seat of the Court) (Signature)



1088K


(The Second Schedule.)


FORM NO. 40

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH

(See section 366)


To the Officer in charge of the Jail at .

WHEREAS at the Session held before me on the day of, 19, (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case
No. of the Calendar for 19 at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the Court of;

This is to authorise and require you to receive the said
(prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court.


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 41

WARRANT AFTER A COMMUTATION OF A SENTENCE

1[(See sections 386, 413 and 416)]

To the Officer in charge of the Jail at

WHEREAS at a Session held on the day of, 19, (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the
Calendar for 19 at the said Session, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence hag been commuted to the punishment of imprisonment for life;

This is to authorise and require you safely to keep the said
(prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the

----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 35, for " (See Section 386) (w. e. f.
18-12-1878).
----------------------------------------------------------------------

1088L


(The Second Schedule.)
purpose of his undergoing the punishment of imprisonment for life under the said order,

or

If the mitigated sentence is one of imprisonment, say, after the words
" custody in the said Jail", "and there to carry into execution the punishment of imprisonment under the said order according to law".


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 42

WARRANT OF EXECUTION OF A SENTENCE OF DEATH

1[(See sections 413 and 414)]

To the Officer in charge of the Jail at .

WHEREAS (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the High Court at confirming the said sentence has been received by this Court;

This is to authorise and require you to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.

Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 43

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE

(See section 421)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS (name and description of the offender) was on the day of,
, 19 , convicted before me of the offence of (mention the

----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 35 for "(see section 414)" w.e.f. 18-12-
1978).
----------------------------------------------------------------------



1088M


(The Second Schedule.)
offence concisely), and sentenced to pay a fine of rupees and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof :

This is to authorise and require you to attach any movable property belonging to the said (name), which may be found within the district of ; and, if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 44

WARRANT FOR RECOVERY OF FINE

(See section 421)


To the Collector of the district of .

WHEREAS (name, address and description of the offender) was on the day of , 19 , convicted before me of the offence of
(mention the offence concisely), and sentenced to pay a fine of rupees
; and


WHEREAS the said (name), although required to pay the said fine, has not paid the same or any part thereof ;

You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said (name) and to certify without delay what you may have done in pursuance of this order.

Dated, this day of , 19.

(Seal of the Court)

(Signature)



1[FORM NO. 44A

BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE

(See section 424 (1) (b)]

WHEREAS I, (name), inhabitant of (place), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo

----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978).
----------------------------------------------------------------------


1088N


(The Second Schedule.)

imprisonment for ; and whereas the Court has been pleased to order my release on condition of my executing a bond for by appearance on the following date (or dates), namely :-

I hereby bind myself to appear before the Court of at o'clock on the following date (or dates), namely:-
and, in case of making default herein, I bind myself to forfeit to
Government the sum of rupees .

Dated, this day of , 19.

(Signature)


WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD-

We do hereby declare ourselves sureties for the above-named that he will appear before the Court of on the following date (or dates), namely:-
and, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees .

(Signature)



FORM No. 45

BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF

POLICE STATION OR COURT

[See sections 436, 437, 438(3) and 441]


I, (name), of (place), having been arrested or detained without warrant by the Officer in charge of police station (or having been brought before the Court of ), charged with the offence of
, and required to give security for my attendance before such Officer or Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees .

Dated, this day of , 19.

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said (name) that he shall attend the Officer in charge of police station or the Court of on every day on which any investigation into the charge is made


1088O


(The Second Schedule.)

or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees .

Dated, this day of , 19.

(Signature)

FORM No. 46

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See section 442)


To the Officer in charge of the Jail at

(or other officer in whose custody the person is)

WHEREAS (name and description of prisoner) was committed to your custody under warrant of this Court, dated the 'day of, and has since with his surety (or sureties) duly executed a bond under Section 441 of the Code of Criminal Procedure ;

This is to authorise and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter.


Dated, this day of , 19.

(Seal of the Court)

(Signature)

[FORM No. 47

WARRANT OF ATTACHMENT TO ENFORCE A BOND

(See section 446)

To the Police Officer-in-charge of the police station at

WHEREAS (name, description and address of person) has failed to appear on (mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees (the penalty in the bond) ; and whereas the said (name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;

----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978).
----------------------------------------------------------------------


1088P

(The Second Schedule.)

This is to authorise and require you to attach any movable property of the said (name) that you may find within the district of by seizure and detention, and, if the said amount be not paid within days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.

Dated, this day of , 19.

(Signature)

FORM No. 48

NOTICE TO SURETY ON BREACH OF A BOND

(See section 446)

To of .


WHEREAS on the day of , 19 , you became surety for
(name) of(place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to
Government; and whereas the said (name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees ;

You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.

Dated, this day of , 19.

(Seal of the Court) (Signature)



FORM No. 49

NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 446)
To of .

WHEREAS on the day of , 19, you became surely by a bond for (name) of (place) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government; and Whereas the said (name) has been


1088Q


(The Second Schedule.)

convicted of the offence of (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited ;

You are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid.

Dated, this day of , 19.

(Seal of the Court) (Signature)

FORM No. 50

WARRANT OF ATTACHMENT AGAINST A SURETY

(See section 446)

To of .

WHEREAS (name, description and address) has bound himself as surety for the appearance of (mention the condition of the bond) and the said (name) has made default, and thereby forfeited to Government the sum of rupees (the penalty in the bond) ;

This is to authorise and require you to attach any movable property of the said (name) which you may find within the district of, by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.


Dated, this day of , 19.

(Seal of the Court)

(Signature)

FORM No. 51

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON
ADMITTED TO BAIL

(See section 446)

To the Superintendent (or Keeper) of the Civil Jail at

WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned



1088R

(The Second Schedule.)

in the said bond has been forfeited to Government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for (specify the period) ;

This is to authorise and require you, the said Superintendent (or
Keeper) to receive the said (name) into your custody with the warrant and to keep him safely in the said Jail for the said (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.


Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 52

NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE

(See section 446)

To (name, description and address) .

WHEREAS on the day of, 19, you entered into a bond not to commit, etc., (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;

You are hereby called upon to pay the said penalty of rupees or to show cause before me within days why payment of the same should not be enforced against you.


Dated, this day of , 19.

(Seal of the Court)

(Signature)

FORM No. 53

WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND To

KEEP THE PEACE

(See section 446)


To (name and designation of police officer),at the police station of
WHEREAS (name and description) did, on the day of , 19, enter into a bond for the sum of rupees binding himself not



1086S


(The Second Schedule.)

to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum ;

This is to authorise and require you to attach by seizure movable
,property belonging to the said (name) to the value of rupees, which you may find within the district of, and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same ; and to make return of what you have done under this warrant immediately upon its execution.

Dated, this day of , 19.

(Seal of the Court)

(Signature)


FORM No. 54

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE

(See section 446)

To the Superintendent (or Keeper) of the Civil Jail at

WHEREAS proof has been given before me and duly recorded that
(name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of
(term of imprisonment) ;

This is to authorise and require you, the said Superintendent (or
Keeper) of the said Civil Jail to receive the said (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of 19.

(Seal of the Court) (Signature)




1088T



(The Second Schedule.)


FORM No. 55

WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD)

BEHAVIOUR

(See section 446)


To the police officer in charge of the police station at .

WHEREAS (name, description and address) did, on the day of, 19, give security by bond in the sum of rupees for the good behaviour of
(name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum ;

This is to authorise and require you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of, and, if the said sum be not paid within to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.


Dated, this day of , 19.

(Seal of the Court)

(Signature)

FORM No. 56

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 446)

To the Superintendent (or Keeper) of the Civil Jail at .



WHEREAS (name, description and address) did, on the day of, 19 , give security by bond in the sum of rupees for the good behaviour of
(name, etc., of the principal) and proof of the breach of the said bond has been given before me and duly recorded, whereby the said
(name) has forfeited to Government the sum of rupees, and



1088U


(The Second Schedule.)
whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said
(name) in the Civil Jail for the period of (term of imprisonment) ;

This is to authorise and require you, the Superintendent ( or
Keeper), to receive the said (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.


Dated, this day of, 19.

(Seal of the Court) (Signature).]



Last updated on February, 2008
 
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