Offences under Indian Penal Code: An overview
Offence is an action which harms others, disturb the tranquility of a
society, waging war against the State, etc. It is ubiquitous. The offences are
of various types such as against human body, State and terrorism, property,
women and children and public tranquility.
Meaning of Offences
Offences are also known by names such as crime, unlawful act etc. In Layman language, it can be defined as a breach of law or an illegal act. Offences are anti-social in nature. They disturb the tranquility of the society and create fear and chaos in the minds of people. There are different reasons behind the occurrence of offences, which can be political, social, personal and economical in nature. The socio-economic condition of the society decides the types and frequency of the offences. For example, nature of offence in developing nation is different from that of developed nation.
In India, the Indian Penal Code, 1860, a British time code contains sections related to different offences. After independence, IPC has been amended from time to time, to add new sections regarding various offences.
Types of Offences
Offences are dynamic in nature and are of varied type. Scholars have different views regarding types of offences. On the basis of criteria used, offences can be of different types. Generally, offences can be divided into following types:
Offences against Human Body
The Chapter XVI of the IPC, 1860, contains offences against human body from Section 299 to 376, which are as under:
Culpable Homicide (Section 299)
Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
For example, A lays sticks and turk over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
Murder (Section 300)
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, bodily injury etc.
For example, A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
Punishment for Murder (Section 302)
Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Dowry Death (Section 304 B)
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death.
Abetment of Suicide of Child or Insane Person (Section 305)
If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
Attempt to Murder (Section 307)
Whoever does any act with such intention or knowledge and under such circumstances that, if he by that acts causing death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and is hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
For example, A shoots at Z with intention to kill him, under such circumstances that, if death ensued A would be guilty of murder, A is liable to punishment under this section.
Thug (Section 310)
Whoever, at any time after the passing of this act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug.
Causing Miscarriage (Section 312)
Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Concealment of Birth by Secret Disposal of Dead Body (Section 318)
Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Hurt (Section 319)
Whoever causes bodily pain, disease or infirmity to a person is said to cause hurt.
Grievous Hurt (Section 320)
The following kinds of hurt only are designated as 'grievous' like emasculation, permanent privation of the sight of eye and ear, etc, privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture dislocation of a bone or tooth, any hurt which endangers if or which causes the sufferer to be during the space of twenty (20) days in severe bodily pain, or unable to follow his ordinary pursuits.
Voluntarily Causing Hurt (Section 321)
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt.
Voluntarily Causing Grievous Hurt (Section 322)
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
For example, A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
Punishment for Voluntarily
Causing Hurt (Section 323)
Whoever, except in the case provided for by, voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Punishment for Voluntarily Causing Grievous Hurt (Section 325)
Whoever, except in the case provided for by, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 327 of the Act
This section deals with 'Voluntarily causing hurt to extort property, or to constrain to an illegal to an act'. As per this section, whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 329 of the Act
This section deals with Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
As per this section, whoever voluntarily causes grievous hurt for, the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Voluntarily Causing Hurt on Provocation (Section 334)
Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Voluntarily Causing Grievous Hurt on Provocation (Section 335)
Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished With imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Act Endangering Life or Personal Safety of Others (Section 336)
Whoever does any act so rashly or negligently as to endanger human life or the personal safety others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both.
Wrongful Restraint (Section 339)
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
For example, A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
Wrongful Confinement (Section 340)
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person.
For example, A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
Force (Section 349)
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, 'or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling. Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described as:
Criminal Force (Section 350)
Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
For example, A intentionally pushes against Z in the street. Here, A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
Assault (Section 351)
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
For example, A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
Kidnapping (Section 359)
Kidnapping is of two kinds-kidnapping from India and kidnapping from lawful guardianship.
Kidnapping from India (Section 360)
Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to Consent on behalf of that person, is said to kidnap that person from India.
Kidnapping from Lawful Guardianship (Section 361)
Whoever takes or entices any minor under sixteen year of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, with the consent of such guardian, is said to kidnap such minor, person from lawful guardianship.
Abduction (Section 362)
Whoever by force compels, or by any deceitful means, induces any person to go from any place, is said to abduct that person.
Punishment for Kidnapping (Section 363)
Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Habitual Dealing in Slaves (Section 371)
Whoever habitually imports, exports, removes, buys, sell traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Offences Against State and Terrorism
The Chapter VI of the IPC, 1860, contains offences against State from Section 121 to 130, which are as follows:
Section 121 of the Act
This section deals with “Waging, or attempting to wage war or abetting waging of war against the government of India”. As per this section, whoever wages war against Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, # imprisonment for life and shall also be liable to fine.
Section 122 of the Act.
This section deals with 'Collecting arms, etc., with intent of waging war against the government of India'. As per this section, whoever collects men, arm ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Concealing with Intent to Facilitate Design to Wage War (Section 123)
Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 124 of the Act
This section deals with 'Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.'
As per this section, whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Sedition (Section 124-A)
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Section 125 of the Act
This section deals with 'Waging war against any asiatic power in alliance with the Government of India.' As per this section, whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished With imprisonment for life, to which fine may be added, or With imprisonment of either description for a term which may extend to seven years, to which fine may be added, or With fine.
Section 126 of the Act
This section deals with 'Committing depredation on territories of power at peace with the Government of India.' As per this section, whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Section 127 of the Act
This section deals with 'Receiving property taken by war or depredation mentioned in Sections 125 and 126.'
As per this section, whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
Public Servant Voluntarily Allowing Prisoner of State or War to Escape (Section 128)
Whoever, being a public servant and having the custody of any state prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Public Servant Negligently Suffering Such Prisoner to Escape (Section 129)
Whoever, being a public servant and having the custody of any state prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Aiding Escape of Rescuing or Harbouring Such Prisoner (Section 130)
Whoever knowingly aids or assists any state prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 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.
Offences Against Property
The Chapter XVII contains sections regarding offence against property, which are as follows:
Theft (Section 378)
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
For example:
Theft by Clerk or Servant of Property in Possession of Master (Section 381)
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Extortion (Section 383)
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.
For example, A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
Punishment for Extortion (Section 384)
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Robbery (Section 390)
In all robbery, there is either theft or extortion i.e.
When Theft is Robbery
Theft is 'robbery' if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, that end, voluntarily causes or attempts to cause to person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant Wronged restraint.
For example, A holds Z down, and fraudulently takes Z, money and jewels from Z's clothes, without Z consent. Here, A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
When Extortion is Robbery
Extortion is 'robbery' if, offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to the person or to some other person, and, by so putting in fear induces the person, so put in fear then and there to deliver up the thing extorted.
For example, A meets Z on the high road, shows a pistol and demands Z's purse. Z, in consequence, surrenders his purse. Here, A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
Dacoity (Section 391)
When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robber, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit 'dacoity'.
Punishment for Robbery (Section 392)
Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine; and if the robbery b committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Punishment for Dacoity (Section 395)
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for term which may extend to ten years and shall also be liable to fine.
Dacoity with Murder (Section 396)
If anyone of five or more persons, who are conjoint committing dacoity, commits murder in so committed dacoity, every one of those persons shall be punished death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Dishonest Misappropriation of Property (section 403)
Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
For example, A takes property belonging to zout of Z's possession in good faith, believing, at the time when he takes it, that the property belongs to him. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
Criminal Breach of Trust (Section 405)
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits 'criminal breach of trust'.
For example, A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.
Punishment for Criminal Breach of Trust (Section 406)
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Stolen Property (Section 410)
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as 'stolen property', whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Dishonestly Receiving Stolen Property (Section 411)
Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Cheating (Section 415)
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.
For example: A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
Cheating by Personation (Section 416)
A person is said to 'cheat by personation' if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.
For example, A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
Punishment for Cheating (Section 417)
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Punishment for Cheating by Personation (Section 419)
Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Cheating and Dishonestly Inducing Delivery of Property (Section 420)
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 421 of the Act
This section deals with 'Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors'.
As per this section, whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Mischief (Section 425)
Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes 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'.
For example, A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
Punishment for Mischief (Section 426)
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.
Criminal Trespass (Section 441)
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'.
House Trespass (Section 442)
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'.
Punishment for Criminal Trespass (Section 447)
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Punishment for House Trespass (section 448)
Whoever commits house trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Offences Against Women and Children
The IPC deals with myriad offences against women and children. They are covered in different chapters. Important Sections regarding Offence against Women. Following are the important sections regarding offence against women:
Voluntarily Causing Grievous Hurt by Use of Acid, etc. (Section 326A)
Whoever causes permanent or partial damage or deformity to, or bums or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine.
Voluntarily Throwing or Attempting to Throw Acid (Section 326B)
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Assault or Criminal Force to Woman with Intent to Outrage her Modesty (Section 354)
Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Rape (Section 375)
As per this section, as amended by Criminal Law amendment Act, 2013, a man is said to commit 'rape', if he:
Punishment for Rape (Section 376)
As per this section, as amended by Criminal Law (Amendment) Act, 2013
Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall Not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine [Section 376(1)]
Whoever:
Punishment for Causing Death or Resulting in Persistent Vegetative State of Victim (Section 376A)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, whoever, commits an offence punishable under sub-section (1) or sub-section (2) of Section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.
Sexual Intercourse by Husband upon his Wife during Separation (Section 376B)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years, but which may extend to seven years, and shall also be liable to fine.
Gang Rape (Section 376D)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine.
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.
Provided further that any fine-imposed under this section shall be paid to the victim.
Husband or Relative of Husband of a Woman Subjecting her to Cruelty (Section 498A)
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.
Sexual Harassment (Section 354A)
As per this section, as incorporated by Criminal Law (Amendment) Act, 2013.
A man is committing any of the following acts:
Any man who commits the offence specified in clause (d) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one Year or with fine, or with both. [Section 354A (3)].
Assault or Use of Criminal Force to Woman with Intent to Disrobe (Section 3548)
As per this section, as incorporated by Criminal Lay, (Amendment) Act, 2013, any man who assaults or use, criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked. Shall be punished with imprisonment of either description for a term which shall not be less than three years by which may extend to seven years, and shall also be liable to fine.
Voyeurism (Section 354C)
As per this section, as incorporated by Criminal Lay (Amendment) Act, 2013, any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Stalking (Section 354D)
As per this section, as incorporated by Criminal Law (Amendment) Act, 2013, any man, who:
Importation of Girl from Foreign Country (section 366B)
Whoever imports into India from any country outside India, any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Word, Gesture or Act Intended to [Insult the Modesty of a Woman (Section 509)
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, or 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.
Some Important Sections regarding Offence against Children
Following are the important sections regarding offence against children:
Section 315 of the Act
This section deals with Act done with intent to prevent child being born alive or to cause it to die after birth.
As per this section, whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Section 316 of the Act
This section deals with Causing death of quick unborn child by act amounting to culpable homicide.
As per this section, whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
For example, A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The Woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
Section 317 of the Act
This section deals with 'Exposure and abandonment of child less than twelve years, by parent or person having care of it.' As per this section, whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Kidnapping or Maiming a Minor for Purposes of Begging (Section 363A)
Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. [Section 363A (1)]
Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.[Section 363A(2)]
Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. [Section 363A (3)]
Procuration of Minor Girl (Section 366A)
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Section 369 of the Act
This section deals with kidnapping or abducting child under ten years with intent to steal from its person.
As per this section, whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Selling Minor for Purposes of Prostitution, etc. (Section 372)
Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Buying Minor for Purposes of Prostitution, etc. (Section 373)
Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Offences against the Public Tranquility
The offences against the public tranquility are mentioned in Chapter VIII of the IPC Section 141 to 160. Some of the important sections are as follows:
Unlawful Assembly (Section 141)
An assembly of five or more persons is designated an 'unlawful assembly', if the common object of the persons composing that assembly is:
Joining Unlawful Assembly Armed with Deadly Weapon (Section 144)
Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or With both.
Section 145 of the Act
This section deals with 'Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.' As per this section, whoever joins or continues in any unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.
Rioting (Section 146)
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
Punishment for Rioting (Section 147)
Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Assaulting or Obstructing Public Servant when Suppressing Riot, etc. (Section 152)
Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 153 of the Act
This section deals with 'Want only giving provocation with intent to cause riot-if rioting be committed or if no committed.'
As per this section, whoever malignantly, or want only by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Promoting Enmity (Section 153A)
Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing act prejudicial to maintenance of harmony.
Harbouring Persons Hired for an Unlawful Assembly (Section 157)
Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Affray (Section 159)
When two or more persons, by fighting in a public place, disturb the public peace, they are said to 'commit an affray'.
Punishment for Committing Affray (Section 160)
Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
Meaning of Offences
Offences are also known by names such as crime, unlawful act etc. In Layman language, it can be defined as a breach of law or an illegal act. Offences are anti-social in nature. They disturb the tranquility of the society and create fear and chaos in the minds of people. There are different reasons behind the occurrence of offences, which can be political, social, personal and economical in nature. The socio-economic condition of the society decides the types and frequency of the offences. For example, nature of offence in developing nation is different from that of developed nation.
In India, the Indian Penal Code, 1860, a British time code contains sections related to different offences. After independence, IPC has been amended from time to time, to add new sections regarding various offences.
Types of Offences
Offences are dynamic in nature and are of varied type. Scholars have different views regarding types of offences. On the basis of criteria used, offences can be of different types. Generally, offences can be divided into following types:
- Offence against human body.
- Offences against State and terrorism.
- Offences against property.
- Offence against women and children.
- Offence against public tranquility.
Offences against Human Body
The Chapter XVI of the IPC, 1860, contains offences against human body from Section 299 to 376, which are as under:
Culpable Homicide (Section 299)
Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
For example, A lays sticks and turk over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
Murder (Section 300)
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, bodily injury etc.
For example, A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
Punishment for Murder (Section 302)
Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Dowry Death (Section 304 B)
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death.
Abetment of Suicide of Child or Insane Person (Section 305)
If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
Attempt to Murder (Section 307)
Whoever does any act with such intention or knowledge and under such circumstances that, if he by that acts causing death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and is hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
For example, A shoots at Z with intention to kill him, under such circumstances that, if death ensued A would be guilty of murder, A is liable to punishment under this section.
Thug (Section 310)
Whoever, at any time after the passing of this act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug.
Causing Miscarriage (Section 312)
Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Concealment of Birth by Secret Disposal of Dead Body (Section 318)
Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Hurt (Section 319)
Whoever causes bodily pain, disease or infirmity to a person is said to cause hurt.
Grievous Hurt (Section 320)
The following kinds of hurt only are designated as 'grievous' like emasculation, permanent privation of the sight of eye and ear, etc, privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture dislocation of a bone or tooth, any hurt which endangers if or which causes the sufferer to be during the space of twenty (20) days in severe bodily pain, or unable to follow his ordinary pursuits.
Voluntarily Causing Hurt (Section 321)
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt.
Voluntarily Causing Grievous Hurt (Section 322)
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
For example, A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
Punishment for Voluntarily
Causing Hurt (Section 323)
Whoever, except in the case provided for by, voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Punishment for Voluntarily Causing Grievous Hurt (Section 325)
Whoever, except in the case provided for by, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 327 of the Act
This section deals with 'Voluntarily causing hurt to extort property, or to constrain to an illegal to an act'. As per this section, whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 329 of the Act
This section deals with Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
As per this section, whoever voluntarily causes grievous hurt for, the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Voluntarily Causing Hurt on Provocation (Section 334)
Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Voluntarily Causing Grievous Hurt on Provocation (Section 335)
Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished With imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Act Endangering Life or Personal Safety of Others (Section 336)
Whoever does any act so rashly or negligently as to endanger human life or the personal safety others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both.
Wrongful Restraint (Section 339)
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
For example, A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
Wrongful Confinement (Section 340)
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person.
For example, A causes Z to go within a walled space, and locks Z. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
Force (Section 349)
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, 'or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling. Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described as:
- By his own bodily power.
- By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.
- By inducing any animal to move, to change its motion or to cease to move.
Criminal Force (Section 350)
Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
For example, A intentionally pushes against Z in the street. Here, A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
Assault (Section 351)
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
For example, A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
Kidnapping (Section 359)
Kidnapping is of two kinds-kidnapping from India and kidnapping from lawful guardianship.
Kidnapping from India (Section 360)
Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to Consent on behalf of that person, is said to kidnap that person from India.
Kidnapping from Lawful Guardianship (Section 361)
Whoever takes or entices any minor under sixteen year of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, with the consent of such guardian, is said to kidnap such minor, person from lawful guardianship.
Abduction (Section 362)
Whoever by force compels, or by any deceitful means, induces any person to go from any place, is said to abduct that person.
Punishment for Kidnapping (Section 363)
Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Habitual Dealing in Slaves (Section 371)
Whoever habitually imports, exports, removes, buys, sell traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Offences Against State and Terrorism
The Chapter VI of the IPC, 1860, contains offences against State from Section 121 to 130, which are as follows:
Section 121 of the Act
This section deals with “Waging, or attempting to wage war or abetting waging of war against the government of India”. As per this section, whoever wages war against Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, # imprisonment for life and shall also be liable to fine.
Section 122 of the Act.
This section deals with 'Collecting arms, etc., with intent of waging war against the government of India'. As per this section, whoever collects men, arm ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Concealing with Intent to Facilitate Design to Wage War (Section 123)
Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 124 of the Act
This section deals with 'Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.'
As per this section, whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Sedition (Section 124-A)
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Section 125 of the Act
This section deals with 'Waging war against any asiatic power in alliance with the Government of India.' As per this section, whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished With imprisonment for life, to which fine may be added, or With imprisonment of either description for a term which may extend to seven years, to which fine may be added, or With fine.
Section 126 of the Act
This section deals with 'Committing depredation on territories of power at peace with the Government of India.' As per this section, whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Section 127 of the Act
This section deals with 'Receiving property taken by war or depredation mentioned in Sections 125 and 126.'
As per this section, whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
Public Servant Voluntarily Allowing Prisoner of State or War to Escape (Section 128)
Whoever, being a public servant and having the custody of any state prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Public Servant Negligently Suffering Such Prisoner to Escape (Section 129)
Whoever, being a public servant and having the custody of any state prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Aiding Escape of Rescuing or Harbouring Such Prisoner (Section 130)
Whoever knowingly aids or assists any state prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 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.
Offences Against Property
The Chapter XVII contains sections regarding offence against property, which are as follows:
Theft (Section 378)
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
For example:
- A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
- Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here, the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has not committed theft, though he may have committed criminal breach of trust.
Theft by Clerk or Servant of Property in Possession of Master (Section 381)
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Extortion (Section 383)
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.
For example, A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
Punishment for Extortion (Section 384)
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Robbery (Section 390)
In all robbery, there is either theft or extortion i.e.
When Theft is Robbery
Theft is 'robbery' if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, that end, voluntarily causes or attempts to cause to person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant Wronged restraint.
For example, A holds Z down, and fraudulently takes Z, money and jewels from Z's clothes, without Z consent. Here, A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
When Extortion is Robbery
Extortion is 'robbery' if, offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to the person or to some other person, and, by so putting in fear induces the person, so put in fear then and there to deliver up the thing extorted.
For example, A meets Z on the high road, shows a pistol and demands Z's purse. Z, in consequence, surrenders his purse. Here, A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
Dacoity (Section 391)
When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robber, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit 'dacoity'.
Punishment for Robbery (Section 392)
Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine; and if the robbery b committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Punishment for Dacoity (Section 395)
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for term which may extend to ten years and shall also be liable to fine.
Dacoity with Murder (Section 396)
If anyone of five or more persons, who are conjoint committing dacoity, commits murder in so committed dacoity, every one of those persons shall be punished death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Dishonest Misappropriation of Property (section 403)
Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
For example, A takes property belonging to zout of Z's possession in good faith, believing, at the time when he takes it, that the property belongs to him. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
Criminal Breach of Trust (Section 405)
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits 'criminal breach of trust'.
For example, A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.
Punishment for Criminal Breach of Trust (Section 406)
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Stolen Property (Section 410)
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as 'stolen property', whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Dishonestly Receiving Stolen Property (Section 411)
Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Cheating (Section 415)
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.
For example: A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
Cheating by Personation (Section 416)
A person is said to 'cheat by personation' if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.
For example, A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
Punishment for Cheating (Section 417)
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Punishment for Cheating by Personation (Section 419)
Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Cheating and Dishonestly Inducing Delivery of Property (Section 420)
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 421 of the Act
This section deals with 'Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors'.
As per this section, whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Mischief (Section 425)
Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes 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'.
For example, A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
Punishment for Mischief (Section 426)
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.
Criminal Trespass (Section 441)
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'.
House Trespass (Section 442)
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'.
Punishment for Criminal Trespass (Section 447)
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Punishment for House Trespass (section 448)
Whoever commits house trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Offences Against Women and Children
The IPC deals with myriad offences against women and children. They are covered in different chapters. Important Sections regarding Offence against Women. Following are the important sections regarding offence against women:
Voluntarily Causing Grievous Hurt by Use of Acid, etc. (Section 326A)
Whoever causes permanent or partial damage or deformity to, or bums or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine.
Voluntarily Throwing or Attempting to Throw Acid (Section 326B)
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Assault or Criminal Force to Woman with Intent to Outrage her Modesty (Section 354)
Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Rape (Section 375)
As per this section, as amended by Criminal Law amendment Act, 2013, a man is said to commit 'rape', if he:
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
- Against her will.
- Without her consent.
- With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
- With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
- With or without her consent, when she is under sixteen years of age.
- When she is unable to communicate consent.
Punishment for Rape (Section 376)
As per this section, as amended by Criminal Law (Amendment) Act, 2013
Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall Not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine [Section 376(1)]
Whoever:
- being a police officer, commits rape
- within the limits of the police station to which such police officer is appointed; or
- In the premises of any station house; or
- on a woman in such police officer's custody or in the custody of a police officer subordinate to him; or
- being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to him; or
- being a member of the Armed forces deployed in an area by the Central or a State Government commits rape in such area; or
- being on the management or on the staff of a fall, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
- being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
- being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
- commits rape during communal or sectarian violence; or
- commits rape on a woman knowing her to be pregnant, or
- commits rape on a woman when she is under sixteen years of age; or
- commits rape on a woman incapable of giving consent; or
- being in a position of control or dominance over a woman, commits rape on such woman; or
- commits rape on a woman suffering from mental or physical disability; or
- while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
- commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine [Section 376(2)].
Punishment for Causing Death or Resulting in Persistent Vegetative State of Victim (Section 376A)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, whoever, commits an offence punishable under sub-section (1) or sub-section (2) of Section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.
Sexual Intercourse by Husband upon his Wife during Separation (Section 376B)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years, but which may extend to seven years, and shall also be liable to fine.
Gang Rape (Section 376D)
As per this section, as amended by Criminal Law (Amendment) Act, 2013, where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine.
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.
Provided further that any fine-imposed under this section shall be paid to the victim.
Husband or Relative of Husband of a Woman Subjecting her to Cruelty (Section 498A)
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.
Sexual Harassment (Section 354A)
As per this section, as incorporated by Criminal Law (Amendment) Act, 2013.
A man is committing any of the following acts:
- Physical contact and advances involving unwelcome and explicit sexual overtures; or
- A demand or request for sexual favours; or
- Showing pornography against the will of a woman; or
- Making sexually coloured remarks, shall be guilty of the offence of sexual harassment. [Section 354A (1)]
Any man who commits the offence specified in clause (d) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one Year or with fine, or with both. [Section 354A (3)].
Assault or Use of Criminal Force to Woman with Intent to Disrobe (Section 3548)
As per this section, as incorporated by Criminal Lay, (Amendment) Act, 2013, any man who assaults or use, criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked. Shall be punished with imprisonment of either description for a term which shall not be less than three years by which may extend to seven years, and shall also be liable to fine.
Voyeurism (Section 354C)
As per this section, as incorporated by Criminal Lay (Amendment) Act, 2013, any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Stalking (Section 354D)
As per this section, as incorporated by Criminal Law (Amendment) Act, 2013, any man, who:
- follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
- monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking. [Section 354D(1)].
Importation of Girl from Foreign Country (section 366B)
Whoever imports into India from any country outside India, any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Word, Gesture or Act Intended to [Insult the Modesty of a Woman (Section 509)
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, or 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.
Some Important Sections regarding Offence against Children
Following are the important sections regarding offence against children:
Section 315 of the Act
This section deals with Act done with intent to prevent child being born alive or to cause it to die after birth.
As per this section, whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Section 316 of the Act
This section deals with Causing death of quick unborn child by act amounting to culpable homicide.
As per this section, whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
For example, A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The Woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
Section 317 of the Act
This section deals with 'Exposure and abandonment of child less than twelve years, by parent or person having care of it.' As per this section, whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Kidnapping or Maiming a Minor for Purposes of Begging (Section 363A)
Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. [Section 363A (1)]
Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.[Section 363A(2)]
Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. [Section 363A (3)]
Procuration of Minor Girl (Section 366A)
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Section 369 of the Act
This section deals with kidnapping or abducting child under ten years with intent to steal from its person.
As per this section, whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Selling Minor for Purposes of Prostitution, etc. (Section 372)
Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Buying Minor for Purposes of Prostitution, etc. (Section 373)
Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Offences against the Public Tranquility
The offences against the public tranquility are mentioned in Chapter VIII of the IPC Section 141 to 160. Some of the important sections are as follows:
Unlawful Assembly (Section 141)
An assembly of five or more persons is designated an 'unlawful assembly', if the common object of the persons composing that assembly is:
- To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or
- To resist the execution of any law, or of any legal process; or
- To commit any mischief or criminal trespass, or other offence; or
- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
- By means of criminal force, or show of criminal force compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Joining Unlawful Assembly Armed with Deadly Weapon (Section 144)
Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or With both.
Section 145 of the Act
This section deals with 'Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.' As per this section, whoever joins or continues in any unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.
Rioting (Section 146)
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
Punishment for Rioting (Section 147)
Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Assaulting or Obstructing Public Servant when Suppressing Riot, etc. (Section 152)
Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 153 of the Act
This section deals with 'Want only giving provocation with intent to cause riot-if rioting be committed or if no committed.'
As per this section, whoever malignantly, or want only by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Promoting Enmity (Section 153A)
Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing act prejudicial to maintenance of harmony.
Harbouring Persons Hired for an Unlawful Assembly (Section 157)
Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Affray (Section 159)
When two or more persons, by fighting in a public place, disturb the public peace, they are said to 'commit an affray'.
Punishment for Committing Affray (Section 160)
Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
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