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Ipc in Tamil - Download as PDF File .pdf), Text File .txt) or read online. Definition in the code to be understood subject to Exceptions 1 % " # +. % $%% &. GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page download Indian Penal Code (Tamil Translation) Books Paperback from Online Books law books, tamil law book, tamil law books Ipc rev e ipc pdf in tamil ipc a.
The objective of this Act is to provide a general penal code for India. This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences.
Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law,many more penal statutes governing various offences have been created in addition to the code.
The Indian Penal Code of , sub-divided into 23 chapters, comprises sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences.
The Outline is presented in the following table: Various sections of the Indian Penal Code are controversial. They are challenged in courts claiming as against constitution of India. Also there is demand for abolition of some controversial IPC sections completely or partially.
Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. The Section of the Indian Penal Code deals with an unsuccessful attempt to suicide. Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both.
Considering long-standing demand and recommendations of the Law Commission of India , which has repeatedly endorsed the repeal of this section, the Government of India in December decided to decriminalise attempt to commit suicide by dropping Section of IPC from the statute book. Though this decision found favour with most of the states, a few others argued that it would make law enforcement agencies helpless against people who resort to fast unto death, self-immolation, etc.
In an August ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person's life, known as Santhara , punishable under sections and of the IPC.
This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order. It stayed the decision of the High Court and lifted the ban on the practice. The Section of the Indian Penal Code has been criticised on the one hand for allegedly treating woman as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery.
Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India. Sections B criminal conspiracy , war against the Government of India , mutiny , false evidence to procure conviction for a capital offence , , murder , abetting suicide , A kidnapping for ransom , A banditry with murder , A rape have death penalty as punishment.
There is ongoing debate for abolishing capital punishment. In , the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution similar to the CPS in the UK to streamline criminal justice system. The Code has been amended several times.
The Code is universally acknowledged as a cogently drafted code, ahead of its time. It has substantially survived for over years in several jurisdictions without major amendments. For instance, con men are referred to as s chaar-sau-bees in Hindi-Urdu after Section which covers cheating.
From Wikipedia, the free encyclopedia. Universal Law Publishing. The Literary Heritage of Kashmir. Jammu and Kashmir: Mittal Publications. Retrieved 19 September Law Commission of India. Indian Panel Code ed. Indian Penal Code. The Hindu. Retrieved A timeline of the case". Times of India. Retrieved 7 September Separate decision of 5 Judges [Read Judgement]". The Times of India.
Retrieved 15 August Press Information Bureau. Ministry of Home Affairs, Government of India. A induces B to believe that the property belongs to A. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4. Illustration A instigates B to instigate C to murder Z.
B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.
Explanation 5. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained.
A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. Abetment in India of offences outside India.
A is guilty of abetting murder. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. B accepts the bribe. A has abetted the offence defined in section B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. Punishment of abetment if person abetted does act with different intention from that of abettor.
Liability of abettor when one act abetted and different act done. Illustrations a A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. B sets fire to the house and at the same time commits theft of property there.
A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
Abettor when liable to cumulative punishment for act abetted and for act done. Illustration A instigates B to resist by force a distress made by a public servant.
B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
Abettor present when offence is committed. Abetment of offence punishable with death or imprisonment for life—if offence not committed. Illustration A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or 1[imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Para II: Abetment of offence punishable with imprisonment—if offence be not committed. B refuses to accept the bribe. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
Punishment—Imprisonment extending to half of the longest term, provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
Abetting commission of offence by the public or by more than ten persons. The dacoity is committed at B in pursuance of the design. A is punishable under this section. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence.
Definition of criminal conspiracy. Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Punishment of criminal conspiracy. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. A has committed the offence defined in this section.
Conspiracy to commit offences punishable by section Collecting arms, etc. Concealing with intent to facilitate design to wage war. Assaulting President, Governor, etc. Waging war against any Asiatic Power in alliance with the Government of India. Committing depredation on territories of Power at peace with the Government of India.
Receiving property taken by war on depredation mentioned in sections and Public servant voluntarily allowing prisoner of State or war to escape. Aiding escape of, rescuing or harbouring such prisoner. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Abetment of mutiny, if mutiny is committed in consequence thereof.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Abetment of such assault, if the assault is committed.
Abetment of desertion of soldier, sailor or airman. Harbouring deserter. Exception —This provision does not extend to the case in which the harbour is given by a wife to her husband.
Abetment of act of insubordination by soldier, sailor or airman. Application of foregoing sections to the Indian Marine Service. Persons subject to certain Acts. Wearing garb or carrying token used by soldier, sailor or airman. Unlawful assembly.
Second — To resist the execution of any law, or of any legal process; or. Third — To commit any mischief or criminal trespass, or other offence; or. Fourth — 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.
Fifth — By means of criminal force, or show of criminal force, to 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. Being member of unlawful assembly. Joining unlawful assembly armed with deadly weapon. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
Punishment for rioting. Rioting, armed with deadly weapon. Hiring, or conniving at hiring, of persons to join unlawful assembly. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Assaulting or obstructing public servant when suppressing riot, etc. Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed.
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. Offence committed in place of worship, etc. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms.
Imputations, assertions prejudicial to national-integration. Owner or occupier of land on which an unlawful assembly is held. Liability of person for whose benefit riot is committed. Liability of agent of owner or occupier for whose benefit riot is committed.
Harbouring persons hired for an unlawful assembly. Being hired to take part in an unlawful assembly or riot. Punishment for committing affray. Public servant disobeying law, with intent to cause injury to any person.
Public servant framing an incorrect document with intent to cause injury. Public servant unlawfully engaging in trade. Public servant unlawfully downloading or bidding for property. Personating a public servant.
Wearing garb or carrying token used by public servant with fraudulent intent. Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. Undue influence at elections. Personation at elections. Punishment for bribery.
Provided that bribery by treating shall be punished with fine only. False statement in connection with an election. Illegal payments in connection with an election. Failure to keep election accounts.
Non-attendance in obedience to an order from public servant. Illustrations a A, being legally bound to appear before the 1[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear.
Non-appearance in response to a proclamation under section 82 of Act 2 of Omission to produce 1[document or electronic record] to public servant by person legally bound to produce it. Illustration A, being legally bound to produce a document before a [District Court], intentionally omits to produce the same.
Omission to give notice or information to public servant by person legally bound to give it. Furnishing false information. A is guilty of the offence defined in this section.
Here A is guilty of the offence defined in the later part of this section. Refusing oath or affirmation when duly required by public servant to make it. Refusing to answer public servant authorised to question. Refusing to sign statement.
False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. False information, with intent to cause public servant to use his lawful power to the injury of another person. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them.
A has committed an offence under this section. Resistance to the taking of property by the lawful authority of a public servant. Obstructing sale of property offered for sale by authority of public servant.
Illegal download or bid for property offered for sale by authority of public servant. Obstructing public servant in discharge of public functions. Omission to assist public servant when bound by law to give assistance.
Disobedience to order duly promulgated by public servant. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. Threat of injury to public servant. Threat of injury to induce person to refrain from applying for protection to public servant.
Giving false evidence. A has given false evidence. Here A states that which he knows to be false, and therefore gives false evidence. A gives false evidence whether Z was at that place on the day named or not. Fabricating false evidence. Illustrations a A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft.
A has fabricated false evidence. Punishment for false evidence. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false.
As this enquiry is a stage of a judicial proceeding. Giving or fabricating false evidence with intent to procure conviction of capital offence. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine.
Using evidence known to be false. Issuing or signing false certificate. Using as true a certificate known to be false. Using as true such declaration knowing it to be false.
Causing disappearance of evidence of offence, or giving false information to screen offender. Illustration A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine. Intentional omission to give information of offence by person bound to inform. Giving false information respecting an offence committed. False personation for purpose of act or proceeding in suit or prosecution.
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. Fraudulent claim to property to prevent its seizure as forfeited or in execution. Fraudulently suffering decree for sum not due. Illustration A institutes a suit against Z. Z has committed an offence under this section. Dishonestly making false claim in Court.
Fraudulently obtaining decree for sum not due. False charge of offence made with intent to injure. Harbouring offender. Illustration A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment.
Here, as B is liable to 1[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. Taking gift, etc. Offering gift or restoration of property in consideration of screening offender.
Taking gift to help to recover stolen property, etc. Harbouring offender who has escaped from custody or whose apprehension has been ordered.
Penalty for harbouring robbers or dacoits. Exception —This provision does not extend to the case in which the harbour is by the husband or wife of the offender. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Public servant in judicial proceeding corruptly making report, etc. Intentional omission to apprehend on the part of public servant bound to apprehend.
Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. Escape from confinement or custody negligently suffered by public servant. Resistance or obstruction to lawful apprehension of another person. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
Unlawful return from transportation. Violation of condition of remission of punishment. Intentional insult or interruption to public servant sitting in judicial proceeding. State Amendment Andhra Pradesh. Disclosure of identity of the victim of certain offences etc. Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Personation of a juror or assessor. Failure by person released on bail or bond to appear in Court. Counterfeiting coin. Counterfeiting Indian coin. Making or selling instrument for counterfeiting coin. Making or selling instrument for counterfeiting Indian coin. Possession of instrument, or material for the purpose of using the same for counterfeiting coin. Abetting in India the counterfeiting out of India of coin. Import or export of counterfeit coin. Import or export of counterfeits of the Indian coin.
Delivery of Indian coin, possessed with knowledge that it is counterfeit. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.
B sells the rupees to C, another utterer, who downloads them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good.
Here D is punishable only under this section, but B and C are punishable under section or , as the case may be. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
Person employed in mint causing coin to be of different weight or composition from that fixed by law. Unlawfully taking coining instrument from mint.
Fraudulently or dishonestly diminishing weight or altering composition of Indian coin. Altering appearance of coin with intent that it shall pass as coin of different description. Altering appearance of Indian coin with intent that it shall pass as coin of different description.
Delivery of Indian coin, possessed with knowledge that it is altered. Possession of coin by person who knew it to be altered when he became possessed thereof. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered. Counterfeiting Government stamp. Making or selling instrument for counterfeiting Government stamp.
Sale of counterfeit Government stamp. Having possession of counterfeit Government stamp. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
Using Government stamp known to have been before used. Erasure of mark denoting that stamp has been used. Prohibition of fictitious stamps. Fraudulent use of false instrument for weighing. Fraudulent use of false weight or measure.
Being in possession of false weight or measure. Making or selling false weight or measure. Public nuisance. A common nuisance is not excused on the ground that it causes some convenience or advantage. Disobedience to quarantine rule. Adulteration of food or drink intended for sale. Sale of noxious food or drink. Adulteration of drugs. Sale of adulterated drugs. Sale of drug as a different drug or preparation.
Fouling water of public spring or reservoir. Making atmosphere noxious to health. Rash driving or riding on a public way. Rash navigation of vessel. Exhibition of false light, mark or buoy. Conveying person by water for hire in unsafe or overloaded vessel. Danger or obstruction in public way or line of navigation. Negligent conduct with respect to poisonous substance. Negligent conduct with respect to explosive substance. Negligent conduct with respect to machinery.
Negligent conduct with respect to pulling down or repairing buildings. Negligent conduct with respect to animal. Continuance of nuisance after injunction to discontinue. Sale, etc. Obscene acts and songs. Keeping lottery office.
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.
Injuring or defiling place of worship with intent to insult the religion of any class. Disturbing religious assembly. Trespassing on burial places, etc. Uttering, words, etc. Culpable homicide. Illustrations a A lays sticks and turf 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.
B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Fourthly —If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Illustrations a A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. Z dies in consequence of the blow. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1. The above exception is subject to the following provisos: Thirdly —That the provocation is not given by anything done in the lawful exercise of the right of private defence. Illustrations a A, under the influence of passion excited by a provocation given by Z, intentionally kills.
This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
A kills Z. Here A has not committed murder, but merely culpable homicide. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. A is moved to sudden passion by these words, and kills Z.
This is murder. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence. B is by this provocation excited to violent rage. B kills Z with the knife. Exception 2. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A.
A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3. Exception 4.
Exception 5. Illustration A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Culpable homicide by causing death of person other than person whose death was intended. Punishment for murder. Punishment for murder by life-convict. Punishment for culpable homicide not amounting to murder. Causing death by negligence. Dowry death. Abetment of suicide of child or insane person.
Abetment of suicide. Attempt to murder. Attempts by life convicts. A would be guilty of murder. A is liable to punishment under this section. A has committed the offence defined by this section, though the death of the child does not ensue. A has not yet committed the offence.
A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of] this section.
Attempt to commit culpable homicide. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. Attempt to commit suicide. Causing miscarriage. Death caused by act done with intent to cause miscarriage. Act done with intent to prevent child being born alive or to cause it to die after birth. Causing death of quick unborn child by act amounting to culpable homicide.
Illustration 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. Exposure and abandonment of child under twelve years, by parent or person having care of it. Concealment of birth by secret disposal of dead body. Grievous hurt. Secondly —Permanent privation of the sight of either eye.
Thirdly — Permanent privation of the hearing of either ear,. Fourthly —Privation of any member or joint. Fifthly — Destruction or permanent impairing of the powers of any member or joint. Sixthly — Permanent disfiguration of the head or face. Seventhly —Fracture or dislocation of a bone or tooth.
Eighthly —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Voluntarily causing hurt. Voluntarily causing grievous hurt. A has voluntarily caused grievous hurt. State, AIR Pat Punishment for voluntarily causing hurt. Voluntarily causing hurt by dangerous weapons or means.
Punishment for voluntarily causing grievous hurt. Voluntarily causing hurt to extort property, or to constrain to an illegal act.
Causing hurt by means of poison, etc. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. Voluntarily causing hurt to extort confession, or to compel restoration of property. Illustrations a A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime.
A is guilty of an offence under this section. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property. Voluntarily causing hurt to deter public servant from his duty. Voluntarily causing hurt on provocation. Voluntarily causing grievous hurt on provocation. Act endangering life or personal safety of others.
Causing hurt by act endangering life or personal safety of others. Causing grievous hurt by act endangering life or personal safety of others. Wrongful restraint. Exception —The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration 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. Punishment for wrongful restraint.
Punishment for wrongful confinement. Wrongful confinement for three or more days. Wrongful confinement for ten or more days. Wrongful confinement of person for whose liberation writ has been issued. Wrongful confinement in secret. Wrongful confinement to extort property, or constrain to illegal act. First — By his own bodily power. Secondly —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.
Thirdly — By inducing any animal to move, to change its motion, or to cease to move. Criminal force. Illustrations a Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here Z has caused change of motion to Z by inducing the animals to change their motion. A, intending to rob Z, seizes the pole and stops the palanquin.
Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has used criminal force to Z. Here A has by his own bodily power moved his own person so as to bring it into contact with Z.
Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. Illustrations a 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. A has committed an assault upon Z. Punishment for assault or criminal force otherwise than on grave provocation. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
Assault or criminal force to deter public servant from discharge of his duty. Assault or criminal force to woman with intent to outrage her modesty. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation. Assault or criminal force in attempt to commit theft of property carried by a person. Assault or criminal force in attempt wrongfully to confine a person.
Assault or criminal force on grave provocation. Kidnapping from India. Kidnapping from lawful guardianship. The question truly falls for determination on the facts and circumstances of each case; Thakorilal D Vadgama v. Varadrajan v. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section; Prakash v.
Punishment for kidnapping. Kidnapping or maiming a minor for purposes of begging. Kidnapping or abducting in order to murder. Illustrations a A kidnaps Z from 2[India], intending or knowing it to be likely that Z may be sacrificed to an idol. Kidnapping for ransom, etc. Kidnapping or abducting with intent secretly and wrongfully to confine person.
Procuration of minor girl. Importation of girl from foreign country. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Kidnapping or abducting child under ten years with intent to steal from its person. downloading or disposing of any person as a slave. Habitual dealing in slaves. Selling minor for purposes of prostitution, etc.
Explanation II. downloading minor for purposes of prostitution, etc. Unlawful compulsory labour. Secondly —Without her consent. Thirdly — 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. Sixthly — With or without her consent, when she is under sixteen years of age. Exception —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. COMMENTS Absence of injury on male organ of accused Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen and bleeding vagina depicts same, minor contradictions in her statements they are not of much value, also absence of any injury on male organ of accused is no valid ground for innocence of accused, conviction under section I.
Zuber Noor Mohammed Changwadia v. AIR SC