Study Notes on Criminal Law 1 / Indian Penal Code (IPC) – UNIT V
Mischief (Indian Penal Code (IPC) Sections 425 – 440)
425. Mischief. —
Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, cause the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1. —It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2. —Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under-writers. A has committed mischief
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
426. Punished for mischief. —
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
427. Mischief causing damage to the amount of fifty rupees. —
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
428. Mischief by killing or maiming animal of the value of ten rupees. —
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. —
Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
430. Mischief by injury to works of irrigation or by wrongfully diverting water.—
Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of the water for agricultural purposes, or for food or drink for human beings or for animals which are property, or cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description far a term which may extend to five years, or with fine, or with both.
431. Mischief by injury to public road, bridge, river or channel. —
Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
432. Mischief by causing inundation or obstruction to public drainage attended with damage. —
Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for term which may extend to five years, or with fine, or with both.
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark. —
Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
434. Mischief by destroying or moving, etc., a land- mark fixed by public authority. —
Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one years, or with fine, or with both.
435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees. —
Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1[or(where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Ins. by Act 8 of 1882, sec.10.
436. Mischief by fire or explosive substance with intent to destroy house, etc.—
Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden: —
Whoever commits mischief to any decked vessel or nay vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
438. Punishment for the mischief described in section 437 committed by fire or explosive substance:–
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 1[imprisonment for life], or with imprisonment or either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
439. Punishment for intentionally running vessel agground or ashore with intent to commit theft, etc.:-
Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
440. Mischief committed after preparation made for causing death or hurt: —
Whoever commits mischief having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Criminal Trespass (Indian Penal Code IPC: Sections 441 – 462)
441. Criminal trespass: —
Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, Is said to commit “criminal trespass“.
STATE AMENDMENT
State of Uttar Pradesh:
For section 441, substitute the following: —
“441. Criminal Trespass:–
Whoever enters into or upon property in possession of another with intern to
commit an offence or to intimidate, insult or annoy and person in possession of
such property, or having lawfully entered into or upon such property,
unlawfully remains therewith intent thereby intimidate, insult or annoy any
such person, or with intent to commit an offence.
Or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when calls upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice, Is said to commit “criminal trespass”.
[Vide U.P. Act No. 31 of 1961, section 2].
442. House trespass: —
Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.
Explanation—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
443. Lurking house-trespass: —
Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.
444. Lurking house-trespass by night: —
Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”.
445. Housing breaking: —
A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say: —
First—If
he enters or quits through a passage by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.
Secondly—If
he enters or quits through any passage not intended by any person, other than
himself or an abettor of the offence, for human entrance; or through any
passage to which he has obtained access by scaling or climbing over any wall or
building.
Thirdly—If
he enters or quits through any passage which he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by
any means by which that passage was not intended by the occupier of the house
to be opened.
Fourthly—If
he enters or quits by opening any lock in order to the committing of the
house-trespass, or in order to the quitting of the house after a
house-trespass.
Fifthly—If
he effects his entrance or departure by using criminal force or committing an
assault or by threatening any person with assault.
Sixthly—If
he enters or quits by any passage which he knows to have been fastened against
such entrance or departure, and to have been unfastened by himself or by an
abettor of the house-trespass.
Explanation—Any out-house or building occupied with a house and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z’s house through the door, having lifted a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
446. House-breaking by night: —
Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.
447. Punishment for criminal trespass: —
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.
448. Punishment for house-trespass: —
Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or which may extend to one thousand rupees, or with both.
449. House-trespass in order to commit offence punishable with death: —
Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punishable with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
450. House-trespass in order to commit offence punishable with imprisonment for life: –
Whoever commits house-trespass in order to the committing of any offence
punishable with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for ” transportation for life” (w.e.f.
1-1-1956).
451. House-trespass in order to commit offence punishable with imprisonment: –
Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
452. House-trespass after preparation for hurt, assault or wrongful restraint: —
Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
453. Punishment for lurking house-trespass or house-breaking: —
Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment: —
Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine ; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
STATE AMENDMENT
Tamil Nadu:
Section 454 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:–
“(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees;
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”.
[Vide Tamil Nadu Act 28 of 1993, Sec. 4]
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint: —
Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
456. Punishment for lurking house-trespass or house-breaking by night: —
Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
457. Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment:–
Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
STATE AMENDMENT
State of Tamil Nadu:
Section 457 of the principal Act shall be renumbered as sub-section (1), of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely: —
“(2) Whoever commits lurking house-trespass by night or house-breaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon form such building, shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”
[Vide Tamil Nadu Act 28 of 1993 Sec. 5].
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint:–
Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
459. Grievous hurt caused whilst committing lurking house trespass or house-breaking: —
Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
460. All persons jointly concerned in lurking house-trespass or house -breaking by night punishable where death or grievous hurt caused by one of them:–
If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
461. Dishonestly breaking open receptacle containing property:-
Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which be believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
462. Punishment for same offence when committed by person entrusted with custody–
Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Offences relating to document and property marks (Sections 463 – 480)
1. The words “TRADE OR” omitted by Act 43 of 1958, sec.135 and sch. (w.e.f.25-11-1959).
463. Forgery:–
Whoever makes any false documents or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
464. Making a false document:–
A person is said to make a false document—
First—Who dishonestly or fraudulently makes, signs, seals or executed a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or
Secondly—Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
Thirdly—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or the nature of the alteration.
Illustrations
(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to defraud B, adds a cipher to the 10,000, and makes the sum 1,00,000 intending that it may be delivered by B that Z so wrote the letter. A has committed forgery.
(b) A, without Z’s authority affixes Z’s seal to document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum or twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z’s will contains the these words—“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee for the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances form unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property. A has committed forgery.
(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.
Explanation 1—A man’s signature of his own name may amount to forgery.
Illustrations
(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person whose order it was payable, here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate of Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure, B, though he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.
Explanation 2—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.
465. Punishment for forgery:–
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
466. Forgery of record of court or of public register, etc.:–
Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
467. Forgery of valuable security, will, etc.:–
Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
468. Forgery for purpose of cheating:–
Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
469. Forgery for purpose of harming reputation:–
Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
470. Forged document:–
A false document made wholly or in part by forgery is designated “a forged document”.
471. Using as genuine a forged document:–
Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467: —
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under Section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise:–
Whoever makes or counterfeit any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than Section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine:–
Whoever has in his possession any document, knowing the same to be forge, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine ; and if the document is one of the description mentioned in section 467, shall be punished with 1 [imprisonment for life], or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
475. Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material:–
Whoever counterfeits upon, or in the substance or, any material, any device or mark used for the purpose of authenticating any document described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
476. Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material:–
Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document other than the documents described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security:–
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, sec. 117 and sch., for “transportation for life” (w.e.f. 1-1-1956).
477A. Falsification of accounts:–
Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular of any material particular form or in, any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.]
1[Of] 2 [***] Property and Other Marks
1. Subs. by Act 4 of 1889, sec.3, for the original heading and sections 478 to 489.
2. The word “Trade,” omitted by Act 43 of 1958, sec.135 and sch., (w.e.f. 25-11-1959).
3. Added by Act 3 of 1895, sec.
S. 478, 480 – Omitted
479. Property mark
A mark used for denoting that movable property belongs to a particular person is called a property mark
Offences relating to marriage (Indian Penal Code (IPC) Sections 493 – 498 A)
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:–
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
494. Marrying again during lifetime of husband or wife:–
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception—This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, Nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:–
Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
STATE AMENDMENT
State of Andhra Pradesh Amendment:
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992].
496. Marriage ceremony fraudulently gone through without lawful marriage:–
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
STATE AMENDMENT
State of Andhra Pradesh Amendment:
Punishment—imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992)].
497. Adultery:–
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.
STATE AMENDMENT
State of Andhara Pradesh Amendment:
Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992)].
498. Enticing or taking away or detaining with criminal intent a married woman:–
Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, form that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1[CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
1. Ins. by Act 46 of 1983, sec. 2.
498A. Husband or relative of husband of a woman subjecting her to cruelty:–
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation—For the purpose of this section, “cruelty” means-—
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
Defamation (Indian Penal Code (IPC) Sections 499 – 502)
499. Defamation:–
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.
Explanation 1—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3—An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
Illustrations
(a) A says—”Z is an honest man; he never stole B’s watch” ; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s Watch. This is defamation unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions.
First Exception—Imputation of truth which public good requires to be made or published:–
It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Second Exception—Public conduct of Public servants:–
It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
Third Exception—Conduct of any person touching any public question:–
It is not defamation to express in good faith any opinion whatever respecting to conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.
Fourth Exception—Publication of reports of proceedings of Courts:–
It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
Explanation—A justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
Fifth Exception—Merits of case decided in Court or conduct of witnesses and others concerned:–
It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustrations
(a) A says—”I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, inasmuch as the opinion which he express respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says—”I do not believe what Z asserted at that trial because I know him to be a man without veracity” ; A is not within this exception, inasmuch as the opinion which he express of Z’s character, is an opinion not founded on Z’s conduct as a witness.
Sixth Exception—Merits of public performance:–
It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
Explanation—A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.
(d) A says of a book published by Z—”Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he express of Z respects Z’s character only so far as it appears in Z’s book, and no further.
(e) But if A says—”I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.
Seventh Exception—Censure passed in good faith by person having lawful authority over another:-
It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration
A judge censuring in good faith the conduct of a witness, or of an officer to the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within the exception.
Eight Exception—Accusation preferred in good faith to authorized person. —
It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master ; if a in good faith complains of the conduct of Z, and child, to Z’s father—A is within this exception.
Ninth Exception—Imputation made in good faith by person for protection of his or other’s interests:–
It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business-“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.
Tenth Exception—Caution intended for good of person to whom conveyed or for public good:–
It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
500. Punishment for defamation:–
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
501. Printing or engraving matter known to be defamatory:–
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
502. Sale of printed or engraved substance containing defamatory matter:–
Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Criminal intimidation and annoyance and attempt to commit such offences (Indian Penal Code (IPC) Sections 503 – 511).
503. Criminal intimidation:–
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation—A threat to inure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.
504. Intentional insult with intent to provoke breach of the peace:–
Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1[505. Statements conducing to public mischief:–
2[(1)] Whoever makes, publishes or circulates any statement, rumour or report, –
(a) With intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or
(b) With intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
(c) With intent to incite, or which is likely to incite, any class or community or persons to commit any offence against any other class or community;
Shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both.
7[(2) Statements creating or promoting enmity, hatred or ill-will between classes:–
Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(3) Offence under sub-section (2) committed in place of worship, etc.:–
Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance or religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
Exception—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 7[in good faith and] without any such intent as aforesaid.]
1. Subs. by Act 4 of 1898, s. 6, for the original section.
2. Section 505 was renumbered as sub-section (1) of that section by Act 35 of 1969, sec. 3.
3. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or sailor”.
4. Subs. by s. 2 and Sch. I, ibid., for “or Navy”.
5. Subs. by the A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occurring after the word “Majesty” were omitted by Act 35 of 1934, s. 2 and Sch.
6. Subs. by Act 41 of 1961, s. 4, for “two years”.
7. Ins. by Act 35 of 1969, s. 3.
506. Punishment for criminal intimidation:–
Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc.:–
and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
STATE AMENDMENT
State of Uttar Pradesh:
—Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Vide Notification No.777/VIII 9-4(2)—87, dated 31st July, 1989, Published in U.P. Gazette, Extra., Pt. A, sec. (kha), dated 2nd August, 1989.
1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation for life) (w.e.f. 1-1-1956).
507. Criminal intimidation by an anonymous communication:–
Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person form whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.
508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure:–
Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a tem which may extend to one year, or with fine, or with both.
509. Word, gesture or act intended to insult the modesty of a woman:–
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
510. Misconduct in public by a drunken person:–
Whoever, in a state of intoxication, appears in any public place, or in any place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
OF ATTEMPTS TO COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment:–
Whoever attempts to commit an offence punishable by this Code with 1[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempts does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 2[imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 26 of 1955, sec. 117 and Sch., for certain original words (w.e.f. 1-1-1956).
