The Indian Penal Code, 1860 Act No. 45 Of 1860 1

THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October, 1860.] CHAPTER I INTRODUCTION CHAPTER I INTRODUCTION Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:-- 1. Title and extent of operation of the Code. 1. Title and extent of operation of the Code.-This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of India 4*[except the State of Jammu and Kashmir]]. 2. Punishment of offences committed within India. 2. Punishment of offences committed within India.--Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 5*[India] 6****. 3. Punishment of offences committed beyond, but which by law may be tried within, India. 3. Punishment of offences committed beyond, but which by law may be tried within, India.--Any person liable, by any 7*[Indian law], to be tried for an offence committed beyond 5*[India] shall be dealt with according to the provisions of this Code for any act committed beyond 5*[India] in the same manner as if such act had been committed within 5*[India]. 4. Extension of Code to extra-territorial offences. 8*[4. Extension of Code to extra-territorial offences.--The provisions of this Code apply also to any offence committed by-- 9*[(1) any citizen of India in any place without and beyond India; (2) any person on any ship or aircraft registered in India wherever it may be.] ---------------------------------------------------------------------- 1. The Act has been amended in its application to Madras by Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970 and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968, Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8 of 1972, West Bengal by West Bengal Act 42 of 1973. The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-101967). The Act comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963). 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the whole of India except Part B States". 3. Subs. by the A. O. 1948, for "take effect * * * throughout British India". The words and figures "on and from the first day of May, 1861" occurring between the words "effect" and "throughout" were rep. by Act 12 of 1891. 4. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B States". 5. Subs. by s. 3 and Sch., ibid., for "the States". 6. The words and figures "on or after the said first day of May, 1861" omitted by Act 12 of 1891. 7. Subs. by the A. O. 1937, for "law passed by the GovernorGeneral of India in Council". 8. Subs. by Act 4 of 1898, s. 2, for the original s. 4. 9. Subs. by the A. O. 1950, for the original cls. (1) to (4). 102 Explanation. Explanation.--In this section the word "offence" includes every act committed outside 1*[India] which, if committed in 1*[India] would be punishable under this Code. 2*[Illustration] 3***A, 4*[who is 5*[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 1*[India] in which he may be found. 6* * * * * 5. Certain laws not to be affected by this Act. 7*[5. Certain laws not to be affected by this Act.--Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law.] CHAPTER II GENERAL EXPLANATIONS CHAPTER II GENERAL EXPLANATIONS 6. Definitions in the Code to be understood subject to exceptions. 6. Definitions in the Code to be understood

subject to exceptions.--Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration. Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which done by child under seven years of age. (b) A, a police-officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it". 7. Sense of expression once explained. 7. Sense of expression once explained.--Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation. 8. Gender. 8. Gender.--The pronoun "he" and its derivatives are used of any person, whether male or female. 9. Number. 9. Number.-Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number. 10. "Man". "Woman". 10. "Man". "Woman".--The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age. ---------------------------------------------------------------------- 1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2. Subs. by Act 36 of 1957, s.3 and Sch. II, for "Illustrations". 3. The brackets and letter `6(a)' omitted by s. 3 and Sch. II, ibid. 4. Subs. by the A. O. 1948, for "a coolie, who is a Native Indian subject". 5. Subs. by the A. O. 1950, for "a British subject of Indian domicile". 6. Illustrations (b), (c) and (d) were rep. by the A. O. 1950. 7. Subs., ibid., for the former s. 5. 103 11. "Person". 11. "Person".--The word "person" includes any Company or Association or body of persons, whether incorporated or not. 12. "Public". 12. "Public".--The word "public" includes any class of the public or any community. 13. [Definition of "Queen".] Rep. by the A. O. 1950. 14. "Servant of Government". 1*[14. "Servant of Government".--The words "servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.] 15. [Definition of "British India".] Rep. by the A. O. 1937. 16. Definition of "Government of India".] Rep., ibid. 17. "Government". 2*[17 "Government".--The word "Government" denotes the Central Government or the Government of a 3****State.] 18. "India". 4*[18. "India".--"India" means the territory of India excluding the State of Jammu and Kashmir.] 19. "Judge". 19. "Judge".--The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person. who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment. Illustrations (a) A collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge. (c) A member of a panchayat which has power, under 5*Regulation VII, 1816, of the Madras Code, to try and determine suit, is a Judge. (d) A Magistrate

exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge. 20. "Court of Justice". 20. "Court of Justice".--The words "Court of Jutsice" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. Illustration A Panchayat acting under 5*Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice. --------------------------------------------------------------------- 1. Subs. by the A. O. 1950, for s. 14. 2. Subs., ibid., for s. 17. 3. The words and letter "Part A" omitted by Act 3 of 1951, s. 3 and Sch. 4. Subs. by s. 3 and Sch., ibid., for s. 18. 5. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873). 104 21. "Public servant". 21. "Public servant".--The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:-- 1* * * * * Second.--Every Commissioned Officer in the Military, 2*[Naval or Air] Forces 3*[4**** of India]; 5*[Third.--Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons. any adjudicatory functions;] Fourth.--Every officer of a Court of Justice 6*[(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth.--Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant; Sixth.--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh.--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth.--Every officer of 7*[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; Ninth.--Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 7*[the Government], or to make any survey, assessment or contract on behalf of 7*[the Government], or to execute any revenue- process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7*[the Government], or to make. authenticate or keep any document relating to the pecuniary interests of 7*[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7*[the Government] 8****; Tenth.--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; ---------------------------------------------------------------------- 1. Cl. First omitted by the A. O. 1950. 2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or Naval". 3. Subs. by the A. O. 1948, for "of the Queen while serving under any Government in British India or the Crown Representative". 4. The words "of the Dominion" omitted by the A. O. 1950. 5. Subs. by Act 40 of 1964, s. 2, for cl. Third. 6. Ins. by s. 2, ibid. 7. Subs. by the A. O. 1950, for "the Crown". 8. Certain words omitted by Act 40 of 1964, s. 2. 105 1*[Eleventh.--Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an

election;] 2*[Twelfth.--Every person-- (a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).] Illustration A Municipal Commissioner is a public servant. Explanation 1.--Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. Explanation 2.--Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. 3*[Explanation 3.--The word "election" denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.] 4* * * * * 22. "Movable property". 22. "Movable property".--The words "movable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. 23. "Wrongful gain". 23. "Wrongful gain".--"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled. "Wrongful loss". "Wrongful loss".--"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully. Losing wrongfully. Gaining wrongfully. Losing wrongfully.--A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. 24. "Dishonestly". 24. "Dishonestly".--Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly". 25. "Fraudulently". 25. "Fraudulently".--A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. ---------------------------------------------------------------------- 1. Ins. by Act 39 of 1920, s. 2. 2. Subs. by Act 40 of 1964, s. 2, for cl. Twelfth, ins. by Act 2 of 1958, s. 2. 3. Ins. by Act 39 of 1920, s. 2. 4. Explanation 4 ins. by Act 2 of 1958, s. 2, omitted by Act 40 of 1964, s. 2. 106 26. "Reason to believe". 26. "Reason to believe".--A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise. 27. Property in possession of wife, clerk or servant. 27. Property in possession of wife, clerk or servant.--When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code. Explanation.--A person employed temporarily or on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section. 28. "Counterfeit". 28. "Counterfeit".--A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. 1*[Explanation 1.--It is not essential to counterfeiting that the imitation should be exact. Explanation 2.--When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.] 29. "Document". 29. "Document".--The word

"document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1.--It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A power-of-attorney is a document. A map or plan which is intended to be used or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Explanation 2.--Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words "pay to the holder" or words to that effect had been written over the signature. 30. "Valuable security". 30. "Valuable security".--The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right. ---------------------------------------------------------------------- 1. Subs. by Act 1 of 1889, s. 9, for the original Explanation. 107 Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security". 31. "A will". 31. "A will".--The words "a will" denote any testamentary document. 32. Words referring to acts include illegal omissions. 32. Words referring to acts include illegal omissions.--In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. 33. "Act". "Omission". 33. "Act". "Omission".--The word "act" denotes as well as series of acts as a single act: the word "omission" denotes as well a series of omissions as a single omission. 34. Acts done by several persons in futherance of common intention. 1*[34. Acts done by several persons in futherance of common intention.--When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.] 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention. 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.--Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. 36. Effect caused partly by act and partly by omission. 36. Effect caused partly by act and partly by omission.--Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z's death, partly by illegally omitting to give Z food, and party by beating Z. A has committed murder. 37. Co-operation by doing

one of several acts constituting an offence. 37. Co-operation by doing one of several acts constituting an offence.--When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally co operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dues of hunger. Both A and B are guilty of the murder of Z. ---------------------------------------------------------------------- 1. Subs. by Act 27 of 1870, s. 1, for the original section. 108 (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder. 38. Persons concerned in criminal Act may be guilty of different offences. 38. Persons concerned in criminal Act may be guilty of different offences.--Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide. 39. "Voluntarily". 39. "Voluntarily".-A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily. 40. "Offence". 1*[40. "Offence".--Except in the 2*[Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code. In Chapter IV, 3*[Chapter VA] and in the following sections, namely, sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]

41. "Special law". 41. "Special law".--A "special law" is a law applicable to a particular subject. 42. "Local law". 42. "Local law".--A "local law" is a law applicable only to a particular part of 6* [7**** 8*[India]]. ---------------------------------------------------------------------- 1. Subs. by Act 27 of 1870, s. 2, for the original s. 40. 2. Subs. by Act 8 of 1930, s. 2 and Sch. I, for "chapter". 3. Ins. by Act 8 of 1913, s. 2. 4. Ins. by Act 8 of 1882, s. 1. 5. Ins. by Act 10 of 1886, s. 21 (1). 6. Subs. by the A.O. 1948, for "British India". 7. The words "the territories comprised in" were rep. by Act 48 of 1952, s. 3 and Sch. II. 8. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 109 43. "Illegal". "Legally bound to do". 43. "Illegal". "Legally bound to do".--The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be "legally bound to do" whatever it is illegal in him to omit. 44. "Injury". 44. "Injury".--The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. 45. "Life". 45. "Life".--The word "life" denotes the life of a human being, unless the contrary appears from the context. 46. "Death". 46. "Death".--The word "death" denotes the death of a human being unless the contrary appears from the context. 47. "Animal". 47. "Animal".--The word "animal" denotes any living creature, other than a human being. 48. "Vessel". 48. "Vessel".--The word "vessel" denotes anything made for the conveyance by water of human beings or of property. 49. "Year". "Month". 49. "Year". "Month".--Wherever the word "year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the British calendar. 50. "Section". 50. "Section".--The word "section" denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures. 51. "Oath". 51. "Oath".--The word "oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not. 52. "Good faith". 52. "Good faith".--Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention. 52A. "Harbour". 1*[52A. "Harbour".--Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.] CHAPTER III OF PUNISHMENTS CHAPTER III OF PUNISHMENTS 53. Punishments. 53. Punishments.--The punishments to which offenders are liable under the provisions of this Code are-- First.--Death; 2*[Secondly.-Imprisonment for life;] 3* * * * * Fourthly.--Imprisonment, which is of two descriptions, namely:- (1) Rigorous, that is with hard labour; (2) Simple; Fifthly.--Forfeiture of property; Sixthly.--Fine. ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1942. s. 2. 2. Subs. by Act 26 of 1955, s. 117 and Sch., for "Secondly.-Transportation;"(w.e.f. 1-1-1956). 3. "Thirdly,-Penal seritude;" was rep. by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949). 110 53A. Construction of reference to transportation. 1*[53A. Construction of reference to transportation.--(1) Subject to the provisions of subsection (2) and sub-section (3), any reference to "transportation for life" in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to "imprisonment

for life". (2) In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 2*[1955], (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term. (3) Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted. (4) Any reference to "transportation" in any other law for the time being in force shall,(a) if the expression means transportation for life, be construed as a reference to imprisonment for life; (b) if the expression means transportation for any shorter term, be deemed to have been omitted.] 54. Commutation of sentence of death. 54. Commutation of sentence of death.--In every case in which sentence of death shall have been passed, 3*[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code. 55. Commutation of sentence of imprisonment for life. 55. Commutation of sentence of imprisonment for life.--In every case in which sentence of 4*[imprisonment] for life shall have been passed, 5[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. 55A. Definition of "appropriate Government". 6*[55A. Definition of "appropriate Government".--In sections fifty-four and fifty-five the expression "appropriate Government" means,- (a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.] 56. 56. [Sentence of Europeans and Americans to penal servitude. Proviso as to sentence for term exceeding ten years but not for life.] Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w. e. f. 6-4-1949). 57. Fractions of terms of punishment. 57. Fractions of terms of punishment.--In calculating fractions of terms of punishment, 4[imprinsonment] for life shall be reckoned as equivalent to 4[imprisonment] for twenty years. 58. 58. [Offenders sentenced to transportation how dealt with until transported.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and Sch. ---------------------------------------------------------------------- 1. Ins. by Act 26 of 1955, s. 117 and Sch. (w.e.f. 1-1-1956). 2. Subs. by Act 36 of 1957, s. 3 and Sch. II, for "1954". 3. Subs. by the A. O. 1950, for "the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced". 4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation" (w.e.f. 1-1-1956). 5. Subs. by the A. O. 1950, for "the provincial Government of the Province within which the offender shall have been sentenced". 6. Subs., ibid, for s. 55A which had been ins. by the A. O. 1937. --------------------------------------------------------------------- 111 59. 59. [Transportation instead of imprisonment.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955) s.117 and Sch., (w.e.f. 1-1-1956). 60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.--In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence

that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple or] that any part of such imprisonment shall be rigorous and the rest simple. 61. 61. [Sentence of forfeiture of property.] Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), s. 4. 62. 62. [Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment.] Rep., by s. 4 ibid. 63. Amount of fine. 63. Amount of fine.--Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. 64. Sentence of imprisonment for non-payment of fine. 64. Sentence of imprisonment for non-payment of fine.--1*[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable 2*[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine.] it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. 65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable. 65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.--The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. 66. Description of imprisonment for non-payment of fine. 66. Description of imprisonment for non-payment of fine.--The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. 67. Imprisonment for non-payment of fine, when offence punishable with fine only. 67. Imprisonment for non-payment of fine, when offence punishable with fine only.--If the offence be punishable with fine only, 3*[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. 68. Imprisonment to terminate on payment of fine. 68. Imprisonment to terminate on payment of fine.--The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law. ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1882, s. 2, for "in every case in which an offender is sentenced to a fine". 2. Ins, by Act 10 of 1886, s. 21(2). 3. Ins by Act 8 of 1882, s. 3. 112 69. Termination of imprisonment on payment of proportional part of fine. 69. Termination of imprisonment on payment of proportional part of fine.--If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventyfive rupees of the fine be paid or levied before the expiration of one month of the

imprisonment. A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment. A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. 70. Fine leviable within six years, or during imprisonment. Death not to discharge property from liability. 70. Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.--The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. 71. Limit of punishment of offence made up of several offences. 71. Limit of punishment of offence made up of several offences.-- Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. 1*[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences]. Illustrations (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. 72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. 72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.--In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. ---------------------------------------------------------------------- 1. Ins by Act 8 of 1882, s, 4. ---------------------------------------------------------------------- 113 73. Solitary confinement. 73. Solitary confinement.--Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say-- a time not exceeding one month if the term of imprisonment shall not exceed six months: a time not exceeding two months if the term of imprisonment shall exceed

six months and 1*[shall not exceed one] year: a time not exceeding three months if the term of imprisonment shall exceed one year. 74. Limit of solitary confinement. 74. Limit of solitary confinement.--In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. 75. Enhanced punishment for certain offence under Chapter XII or Chapter XVII after previous conviction. 2*[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.--Whoever, having been convicted,- (a) by a Court in 3*[India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, 4**** 4* * * * * shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 5*[imprisonment for life] or to imprisonment of either description for a term which may extend to ten years.] CHAPTER IV GENERAL EXCEPTIONS CHAPTER IV GENERAL EXCEPTIONS 76. Act done by a person bound, or by mistake of fact believing himself bound, by law.-- 76. Act done by a person bound, or by mistake of fact believing himself bound, by law.--Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 77. Act of Judge when acting judicially. 77. Act of Judge when acting judicially.--Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1882, s. 5, for "be less than a". 2. Subs. by Act 3 of 1910, s. 2, for the original section. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4. The word "or" at the end of cl. (a) and cl. (b) were omitted by s. 3 and Sch., ibid. 5. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956). ---------------------------------------------------------------------- 114 78. Act done pursuant to the judgment or order of Court. 78. Act done pursuant to the judgment or order of Court.--Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 79. Act done by a person justified, or by mistake of fact believing himself, justified, by law. 79. Act done by a person justified, or by mistake of fact believing himself, justified, by law.--Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending

murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. 80. Accident in doing a lawful act. 80. Accident in doing a lawful act.--Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.--Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation.-It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations (a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence. 115 82. Act of a child under seven years of age. 82. Act of a child under seven years of age.--Nothing is an offence which is done by a child under seven years of age. 83. Act of a child above seven and under twelve of immature understanding. 83. Act of a child above seven and under twelve of immature understanding.--Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. 84. Act of a person of unsound mind. 84. Act of a person of unsound mind.--Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. 85. Act of a person incapable of judgment by reason of intoxication caused against his will. 85. Act of a person incapable of judgment by reason of intoxication caused against his will.--Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will. 86. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 86. Offence requiring a particular intent or knowledge committed by

one who is intoxicated.--In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.--Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence. 88. Act not intended to cause death, done by consent in good faith for person's benefit. 88. Act not intended to cause death, done by consent in good faith for person's benefit.--Nothing, which is not intented to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent. A has committed no offence. 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian. 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.--Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: Provided- 116 Provisos. Provisos.-First.-That this exception shall not extend to the intentional causing of death, or to the attempting to cause death; Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.-That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; Fourthly.-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustration A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child. 90. Consent known to be given under fear or misconception. 90. Consent known to be given under fear or misconception.--A consent is not such a consent as is intended by any section of this Code, if the consent is

given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane person. Consent of insane person.-if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child. Consent of child.-unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 91. Exclusion of acts which are offences independently of harm cause. 91. Exclusion of acts which are offences independently of harm cause.--The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence inexpediently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence "by reason of such harm"; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 92. Act done in good faith for benefit of a person without consent. 92. Act done in good faith for benefit of a person without consent.-Nothing is an offence by reason of any harm which it may causes to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided- Provisos. 117 Provisos.-First.-That this exception shall not extend to the intentional causing of death or the attempting to cause death; Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.-That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; Fourthly.-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustrations (a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z's death, but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball gives Z a mortal wound. A has committed no offence. (c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is not time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child, from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.-Mere pecuniary benefit is not benefit within the meaning of sections 88 89 and 92. 93. Communication made in good faith. 93. Communication made in good faith.--No communication made in good faith is an offence by reason of any harm to the

person to whom it is made, if it is made for the benefit of that person. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death. 94. Act to which a person is compelled by threats. 94. Act to which a person is compelled by threats.-Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonnably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.-A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. 118 Explantion 2.-A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 95. Act causing slight harm. 95. Act causing slight harm.--Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the Right of Private Defence 96. Things done in private defence. 96. Things done in private defence.-Nothing is an offence which is done in the exercise of the right of private defence. 97. Right of private defence of the body and of property. 97. Right of private defence of the body and of property.--Every person has a right, subject to the restrictions contained in section 99, to defend- First.--His own body, and the body of any other person, against any offence affecting the human body; Secondly.--The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 98. Right of private defence against the act of a person of unsound mind, etc. 98. Right of private defence against the act of a person of unsound mind, etc.--When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations (a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. 99. Acts against which there is no right of private defence. 99. Acts against which there is no right of private defence.-There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly

justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities. Extent to which the right may be exercised. Extent to which the right may be exercised.--The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. 119 Explanation 1.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. Explanation 2.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. 100. When the right of private defence of the body extends to causing death. 100. When the right of private defence of the body extends to causing death.--The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:- First.-Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.-An assault with the intention of committing rape; Fourthly.-An assault with the intention of gratifying unnatural lust; Fifthly.-An assault with the intention of kidnapping or abducting; Sixthly.-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 101. When such right extends to causing any harm other than death. 101. When such right extends to causing any harm other than death.--If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death. 102. Commencement and continuance of the right of private defence of the body. 102. Commencement and continuance of the right of private defence of the body.--The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues. 103. When the right of private defence of property extends to causing death. 103. When the right of private defence of property extends to causing death.--The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:- First.-Robbery; Secondly.-House-breaking by night; Thirdly.-Mischief by fire committed on any building, tent or vessel, which

building, tent or vessel is used as a human dwelling, or as a place for the custody of property; Fourthly.-Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. 120 104. When such right to causing any harm other than death. 104. When such right to causing any harm other than death.--If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death. 105. Commencement and continuance of the right of private defence of property. 105. Commencement and continuance of the right of private defence of property.--The right of private defence of property commences when a reasonable apprehension of danger to the property comm ences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues. 106. Right of private defence against deadly assault when there is risk of harm to innocent person. 106. Right of private defence against deadly assault when there is risk of harm to innocent person.--If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. CHAPTER V OF ABETMENT CHAPTER V OF ABETMENT 107. Abetment of a thing. 107. Abetment of a thing.--A person abets the doing of a thing, who- First.-Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. 121 Explanation 2.-Whoever, either prior to or at the time of the

commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 108. Abettor. 108. Abettor.--A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.-The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.-To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.-It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Illustrations (a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession, in good faith, believing it to be A's property. 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.-The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. 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. 122 Explanation 5.-It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. 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. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. 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. 108A. Abetment in India of offences outside India. 1*[108A. Abetment in India of offences outside India.--A person abets an offence within the meaning of this Code who, in 2*[India], abets the commission of any act without and beyond 2*[India] which would constitute an offence if committed in 2*[India]. Illustration A, in 2*[India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.] 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.--Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.-An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. 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. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 110. Punishment of abetment if person abetted does act with different intention from that of abettor. 110. Punishment of abetment if person abetted does act with different intention from that of abettor.--Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. ---------------------------------------------------------------------1. Added by Act 4 of 1898, s. 3. 2. Subs. by Act 3 of 1951, s, 3 and Sch., for "the States". 123 111. Liability of abettor when one act abetted and different act done. 111. Liability of abettor when one act abetted and different act done.--When an Act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Proviso. Proviso.--Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. 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. Here if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment, 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) A instigates B to burn Z's house. 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. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 112. Abettor when liable to cumulative punishment for act abetted and for act done. 112. Abettor when liable to cumulative punishment for act abetted and for act done.--If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. 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. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences. 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.--When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. 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. 114. Abettor present when offence is committed. 114. Abettor present when offence is committed.--Whenever any person who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 124 115. Abetment of offence punishable with death or imprisonment for life-if offence is not committed. 115. Abetment of offence punishable with death or imprisonment for life--if offence not committed.-Whoever abets the commission of an offence punishable with death or 1*[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine: if act causing harm be done in consequence. if act causing harm be done in consequence.--and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. 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. 116. Abetment of offence punishable with imprisonment--if offence be not committed. 116. Abetment of offence punishable with imprisonment--if offence be not committed.--Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; if abettor or person abetted be a public servant whose duty it is to prevent offence. if abettor or person abetted be a public servant whose duty it is to prevent offence.--and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing. A some favour in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine. 117. Abetting commission of offence by the public or by more than ten persons. 117. Abetting commission of offence by the public or by more than ten persons.--Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 125 Illustration A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. 118. Concealing design to commit offence punishable with death or imprisonment for life. 118. Concealing design to commit offence punishable with death or imprisonment for life.--Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 1*[imprisonment for life], voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, if offence be committed-if offence be not committed. if offence be committed-if offence be not committed.--shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence of not committed, with imprisonment of either description, for a term which

may extend to three years; and in either case shall also be liable to fine. Illustration A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 119. Public servant concealing design to commit offence which it is his duty to prevent. 119. Public servant concealing design to commit offence which it is his duty to prevent.-Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design. if offence be committed. if offence be committed.--shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; if offence be punishable with death, etc. if offence be punishable with death, etc.--or, if the offence be punishable with death or 1*[imprisonment for life], with imprisonment of either description for a term which may extend to ten years; if offence be not committed. if offence be not committed.--or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. 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. here A has by an illegal omission concealed the existence of B's design and is liable to punishment according to the provision of this section. 120. Concealing design to commit offence punishable with imprisonment. 120. Concealing design to commit offence punishable with imprisonment.--Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 126 if offence be committed-if offence be not committed. if offence be committed-if offence be not committed--shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. CHAPTER VA CRIMINAL CONSPIRACY 1*[CHAPTER VA CRIMINAL CONSPIRACY 120A. Definition of criminal conspiracy. 120A. Definition of criminal conspiracy.--When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a 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. Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 120B. Punishment of criminal conspiracy. 120B. Punishment of criminal conspiracy.--(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2*[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.--Whoever wages war against the 3*[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 4*[imprisonment for life] 5*[and shall also be liable to fine]. 6*[Illustration.] 7***A joins an insurrection against the 3*[Government of India]. A has committed the offence defined in this section. 8* * * * * ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1913, s. 3. 2. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation". 3. Subs. by the A. O. 1950, for "Queen". 4. Subs. by Act of 1955 s. 117 and Sch., for "transportation for life". 5. Subs. by Act 16 of 1921, s. 2, for "and shall forfeit all his property". 6. Subs. by Act 36 of 1957, s. 3 and Sch. II, for "Illustrations". 7. The brackets and letter "(a)" omitted by s. 3 and Sch. II, ibid. 8. Illus tration (b) rep. by the A. O. 1950. 127 121A. Conspiracy to commit offences punishable by section 121. 1*[121A. Conspiracy to commit offences punishable by section 121.--Whoever within or without 2*[India] conspires to commit any of the offences punishable by section 121, 3*** or conspires to overawe, by means of criminal force or the show of criminal force, 4*[the Central Government or any State Government 5***], shall be punished with 6*[imprisonment for life], or with imprisonment of either description which may extend to ten years, 7*[and shall also be liable to fine]. Explanation.-To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.] 122. Collecting arms, etc., with intention of waging war against the Government of India. 122. Collecting arms, etc., with intention of waging war against the Government of India.-Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the 8*[Government of India], shall be punished with 9*[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 10*[and shall also be liable to fine]. 123. Concealing with intent to facilitate design to wage war. 123. Concealing with intent to facilitate design to wage war.-- Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the 8*[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. 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 124. Assaulting President, Governor, etc., with intent to compel or restrain

the exercise of any lawful power.--Whoever, with the intention of inducing or compelling the 11*[President] of India, or 12*[Governor 13***] of any State, 14*** 15*** 16*** to exercise or refrain from exercising in any manner any of the lawful powers of such 17*[President or 12*[Governor 13*], 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 17*[President or 12*** [Governor 13***], ---------------------------------------------------------------------- 1. S. 121A ins. by Act 27 of 1870, s. 4. 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 3. The words "or to deprive the Queen of the sovereignty of the Provinces or of any part thereof" omitted by the A. O. 1950. 4. Subs. by the A. O. 1937, for "the G. of I. or any L. G.". 5. The words "or the Govt. of Burma" rep. by the A. O. 1948. 6. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life or any shorter term". 7. Ins. by Act 16 of 1921, s. 3. 8. Subs. by the A. O. 1950, for "Queen". 9. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 10. Subs. by Act 16 of 1921, s. 2, for "and shall forfeit all his property". 11. Subs. by the A. O. 1950, for "Governor General". 12. Subs. by Act 3 of 1951, s. 3 and Sch., for "Governor". 13. The words "or Rajpramukh" omitted by the Adaptation of Laws (No. 2) Order, 1956. 14. The words "or a Leutenant-Governor" rep. by the A. O. 1937. 15. The words "or a Member of the Council of the Governor General of India" rep. by the A. O. 1948. 16. The words "or of the Council of any Presidency" rep. by the A. O. 1937. 17. The original words "Governor General, Governor, LieutenantGovernor or Member of Council" have successively been amended by the A.O. 1937, A. O. 1948 and A. O. 1950 to read as above. ---------------------------------------------------------------------- 128 shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 124A. Sedition. 1*[124A. Sedition.--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, 2***the Government established by law in 3*[India], a 4***shall be punished with 5*[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. Explanation 1.-The expression "disaffection" includes disloyalty and all feelings of enmity. Explanation 2.Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.] 125. Waging war against any Asiatic Power in alliance with the Government of India. 125. Waging war against any Asiatic Power in alliance with the Government of India.--Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the 6*[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with 7*[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. 126. Committing depredation on territories of Power at peace with the Government of India. 126. Committing depredation on territories of Power at peace with the Government of India.--Whoever commits depredation, or makes preparations to commit depredation, on

the territories of any Power in alliance or at peace with the 6*[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. 127. Receiving property taken by war or depredation mentioned in sections 125 and 126. 127. Receiving property taken by war or depredation mentioned in sections 125 and 126.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. 128. Public servant voluntarily allowing prisoner of state or war to escape. 128. Public servant voluntarily allowing prisoner of state or war to escape.--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 7*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs. by Act 4 of 1898, s. 4, for the original s. 124A which had been ins. by Act 27 of 1870, s. 5. 2. The words "Her Majesty or" rep. by the A.O. 1950. The words "or the Crown Representative" ins. after the word "Majesty" by the A.O. 1937 were rep. by the A.O. 1948. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4. The words "or British Burma" ins. by the A.O. 1937 rep. by the A.O. 1948. 5. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life or any shorter term". 6. Subs. by the A.O. 1950, for "Queen". 7. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 129 129. Public servant negligently suffering such prisoner to escape. 129. Public servant negligently suffering such prisoner to escape.--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. 130. Aiding escape of, rescuing or harbouring such prisoner. 130. Aiding escape of, rescuing or harbouring such prisoner.-- 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 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2*[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. CHAPTER VII OF OFFENCES RELATING TO THE ARMY, [NAVY AND AIR FORCE] CHAPTER VII OF OFFENCES RELATING TO THE ARMY, 3*[NAVY AND AIR FORCE] 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.--Whoever abets the committing of mutiny by an officer, soldier, 4*[sailor or airman], in the Army, 5*[Navy or Air Force] of the 6*[Government of India] or attempts to seduce any such officer, soldier, 4*[sailor or airman] from his allegiance or his duty,

shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 7*[Explanation.-In this section the words "officer", 8* ["soldier", 9*["sailor"] and "airman"] include any person subject to the 10*[Army Act, 11*[the Army Act, 1950 (46 of 1950)], 9*[the Naval Discipline Act, 12***the Indian Navy (Discipline) Act,1934 (34 of 1934)] 13*[the Air Force Act or 14*[the Air Force Act, 1950 (45 of 1950)]], as the case may be].] ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 3. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "and Navy". 4. Subs. by s. 2 and Sch. I, ibid., for "or sailor". 5. Subs. by s. 2 and sch. I, ibid., for "or Navy". 6. Subs. by the A.O. 1950 for "Queen". 7. Ins. by Act 27 of 1870, s. 6. 8. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "and soldier". 9. Ins. by Act 25 of 1934, s. 2 and Sch. 10. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "Articles of War for the better government of Her Majesty's Army, or to the Articles of War contained in Act No. 5 of 1869". 11. Subs. by Act 3 of 1951, s. 3 and Sch., for "the Indian Army Act, 1911". 12. The words "or that Act as modified by" were rep. by the A.O. 1950. 13. Subs. by Act 14 of 1932, s. 130 and Sch., for "or the Air Force Act". 14. Subs. by Act 3 of 1951, s.3 and Sch., for "the Indian Air Force Act, 1932". ---------------------------------------------------------------------- 130 132. Abetment of mutiny, if mutiny is committed in consequence thereof. 132. Abetment of mutiny, if mutiny is committed in consequence thereof.--Whoever abets the committing of mutiny by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.--Whoever abets an assault by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 134. Abetment of such assault, if the assault committed. 134. Abetment of such assault, if the assault committed.--Whoever abets an assault by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 135. Abetment of desertion of soldier, sailor or airman. 135. Abetment of desertion of soldier, sailor or airman.-- Whoever, abets the desertion of any officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 136. Harbouring deserter. 136. Harbouring deserter.--Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[Government of India], has deserted, harbours such officer, soldier, 1*[sailor or airman], shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine or with both. Exception.-This provision does not extend to the case in which the harbour is given by a wife to her husband. 137. Deserter concealed on board merchant vessel through negligence of master. 137. Deserter concealed on board merchant vessel through negligence of master.--The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 2*[Navy or Air Force] of the 3*[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. 138. Abetment of act of insubordination by soldier, sailor or airman. 138. Abetment of act of insubordination by soldier, sailor or airman.-Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or air Force], of the 3*[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 138A. [Repealed.] 138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch. ---------------------------------------------------------------------- 1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or sailor". 2. Subs. by s. 2 and Sch. I, ibid., for "or Navy". 3. Subs. by the A.O. 1950, for "Queen". 4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 131 139. Persons subject to certain Acts. 139. Persons subject to certain Acts.--No person subject to 1* [the Army Act, 2*[the Army Act, 1950 (46 of 1950)], the Naval Discipline Act, 3*[4***the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 5*[the Air Force Act or 6*[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter. 140. Wearing garb or carrying token used by soldier, sailor or airman. 140. Wearing garb or carrying token used by soldier, sailor or airman.--Whoever, not being a soldier, 7*[sailor or airman] in the Military, 8*[Naval or Air] service of the 9*[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 7*[sailor or airman] with the intention that it may be believed that he is such a soldier, 7*[sailor or airman], 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. CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 141. Unlawful assembly. 141. Unlawful assembly.--An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is- First.-To overawe by criminal force, or show of criminal force, 10*[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 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. Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 142. Being member of unlawful assembly. 142. Being member of unlawful assembly.--Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. ---------------------------------------------------------------------- 1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "any Articles of War for the Army or Navy of the Queen, or for any part of such Army or Navy". 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the Indian Army Act, 1911". 3. Ins. by Act 35 of 1934, s. 2 and Sch. 4. The words "or that Act as modifed by" rep. by the A.O. 1950. 5, Subs. by Act 14 of 1932, s. 130 and Sch., for "or the Air Force Act". 6. Subs. by Act 3 of 1951, s. 3 and Sch., for "the Indian Air Force Act, 1932". 7. Ins. by Act 10 of 1927, s. 2 and Sch. I. 8. Subs. by s. 2 and Sch. I, ibid., for "or Naval". 9. Subs. by the A.O. 1950, for "Queen". 10. Subs., ibid., for "the Central or any Provincial Government or Legislature". ---------------------------------------------------------------------- 132 143. Punishment. 143. Punishment.--Whoever is a member 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. 144. Joining unlawful assembly armed with deadly weapon. 144. Joining unlawful assembly armed with deadly weapon.-- Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to 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. 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.--Whoever joins or continues in an 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. 146. Rioting. 146. Rioting.--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. 147. Punishment for rioting. 147. Punishment for rioting.--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. 148. Rioting, armed with deadly weapon. 148. Rioting, armed with deadly weapon.--Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.--If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. 150. Hiring, or conniving at hiring, of persons to join unlawful assembly. 150. Hiring, or conniving at hiring, of persons to join unlawful assembly.--Whoever hires or engages, or employes, or promotes, or connives at

the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.--Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Explanation.-If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. 152. Assaulting or obstructing public servant when suppressing riot, etc. 152. Assaulting or obstructing public servant when suppressing riot, etc.--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. 133 153. Want only giving provocation with intent to cause riot-if rioting be committed:if not committed. 153. Want only giving provocation with intent to cause riot--if rioting be committed: if not committed.-Whoever malignantly, or wantonly 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. 153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 1*[153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.--(1) Whoever- (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, 2*[or] 2*[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious,

racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Offence committed in place of worship, etc.--Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] 153B. Imputations, assertions prejudicial to national integration. 2*[153B. Imputations, assertions prejudicial to national integration.--(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,- (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or (b) asserts, counsels, advises, propagates or publishes that any class of persons by reason of their being members of any religious, racial, language or regional group or caste or community be denied, or deprived of their rights as citizens of India, or ---------------------------------------------------------------------- 1. Subs. by Act 35 of 1969, s. 2, for s. 153A. 2. Ins. by Act 31 of 1972, s. 2. ---------------------------------------------------------------------- 134 (c) makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine]. 154. Owner or occupier of land on which an unlawful assembly is held. 154. Owner or occupier of land on which an unlawful assembly is held.--Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. 155. Liability of person for whose benefit riot is committed. 155. Liability of person for whose benefit riot is committed.-- Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot

was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 156. Liability of agent of owner or occupier for whose benefit riot is committed. 156. Liability of agent of owner or occupier for whose benefit riot is committed.--Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. 157. Harbouring persons hired for an unlawful assembly. 157. Harbouring persons hired for an unlawful assembly.--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. 158. Being hired to take part in an unlawful assembly or riot; 158. Being hired to take part in an unlawful assembly or riot;-- Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 135 or to go armed. or to go armed.--and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 159. Affray. 159. Affray.--When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray". 160. Punishment for committing affray. 160. Punishment for committing affray.--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. CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161 to 165A. 161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31. 166. Public servant disobeying law, with intent to cause injury to any person. 166. Public servant disobeying law, with intent to cause injury to any person.--Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. IIIustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 167. Public servant framing an incorrect

document with intent to cause injury. 167. Public servant framing an incorrect document with intent to cause injury.--Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 168. Public servant unlawfully engaging in trade. 168. Public servant unlawfully engaging in trade.--Whoever, being a public servant, and being legally bound as such public servant not to engages in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 169. Public servant unlawfully buying or bidding for property. 169. Public servant unlawfully buying or bidding for property.-- Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. 170. Personating a public servant. 170. Personating a public servant.--Whoever pretends to hold any particular office as public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 136 171. Wearing garb or carrying token used by public servant with fraudulent intent. 171. Wearing garb or carrying token used by public servant with fraudulent intent.--Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, 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 rupees, or with both. CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 1*[CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 171A. "Candidate", "Electoral right" defined. 171A. "Candidate", "Electoral right" defined.--For the purposes of this Chapter- 2*[(a) "candidate" means a person who has been nominated as a candidate at any election;] (b) "electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 171B. Bribery. 171B. Bribery.--(1) Whoever- (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed

to have accepted the gratification as a reward. 171C. Undue influence at elections. 171C. Undue influence at elections.--(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub- section (1), whoever- (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). ---------------------------------------------------------------------- 1. Chapter IXA was ins. by Act 39 of 1920, s. 2. 2. Subs. by Act 40 of 1975, s. 9. for cl. (a), (w.e.f. 6-8-1975). ---------------------------------------------------------------------- 137 (3) A declaration of public policy or a promise of public action, or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171D. Personation at elections. 171D. Personation at elections.-Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 171E. Punishment for bribery. 171E. Punishment for bribery.--Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation.-"Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undue influence or personation at an election. 171F. Punishment for undue influence or personation at an election.--Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. 171G. False statement in connection with an election. 171G. False statement in connection with an election.--Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. 171H. Illegal payments in connection with an election. 171H. Illegal payments in connection with an election.--Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees : Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. 171I. Failure to keep election accounts. 171-I. Failure to keep election accounts.--Whoever being required by any law for the time being in force or any rule having the force of law

to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.] CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172. Absconding to avoid service of summons or other proceeding. 172. Absconding to avoid service of summons or other proceeding.Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 138 173. Preventing service of summons or other proceeding, or preventing publication thereof. 173. Preventing service of summons or other proceeding, or preventing publication thereof.--Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 174. Non-attendance in obedience to an order from public servant. 174. Non-attendance in obedience to an order from public servant.--Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 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. A has committed the offence defined in this section. (b) A, being legally bound to appear before a 2*[District Judge], as a witness, in obedience to a summons issued by that 2*[District Judge] intentionally omits to appear. A has committed the offence defined in this section. 175. Omission to produce document to public servant by person legally bound to produce it. 175. Omission to produce document to public servant by person legally bound to produce it.--Whoever, being

legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; ---------------------------------------------------------------------- 1. Subs. by the A.O. 1950, for "Supreme Court". 2. Subs. ibid., for "Zila Judge". 139 or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Illustration A, being legally bound to produce a document before a 1*[District court], intentionally omits to produce the same. A has committed the offence defined in this section. 176. Omission to give notice or information to public servant by person legally bound to give it. 176. Omission to give notice or information to public servant by person legally bound to give it.--Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; 2*[or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] 177. Furnishing false information. 177. Furnishing false information.--Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause 5, section VII, 3*Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the latter part of this section. ---------------------------------------------------------------------- 1. Subs. by the A.O. 1950, for "Zila Court". 2. Ins. by Act 22 of 1939, s. 2. 3. Rep. by Act

17 of 1862. 140 1*[Explanation.-In section 176 and in this section the word "offence" includes any act committed at any place out of 2*[India], which, if committed in 2*[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word "offender" includes any person who is alleged to have been guilty of any such act.] 178. Refusing oath or affirmation when duly required by public servant to make it. 178. Refusing oath or affirmation when duly required by public servant to make it.--Whoever refuses to bind himself by an oath 3*[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 179. Refusing to answer public servant authorized to question. 179. Refusing to answer public servant authorized to question.-- Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 180. Refusing to sign statement. 180. Refusing to sign statement.--Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation. 181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.--Whoever, being legally bound by an oath 3*[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 3*[or affirmation], makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 182. False information, with intent to cause public servant to use his lawful power to the injury of another person. 4*[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.--Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant- (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. ---------------------------------------------------------------------- 1. Ins. by Act 3 of 1894, s. 5 2. Subs. by Act 3 of 1951, s. 3 and sch. for "the States". 3. Ins. by Act 10 of 1873, s. 15. 4. Subs. by Act 3 of 1895, s. 1, for the original s. 182. 141 Illustrations (a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to

be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, 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 villagers or some of them. A has committed an offence under this section.] 183. Resistance to the taking of property by the lawful authority of a public servant. 183. Resistance to the taking of property by the lawful authority of a public servant.--Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 184. Obstructing sale of property offered for sale by authority of public servant. 184. Obstructing sale of property offered for sale by authority of public servant.--Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, 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. 185. Illegal purchase or bid for property offered for sale by authority of public servant. 185. Illegal purchase or bid for property offered for sale by authority of public servant.--Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 186. Obstructing public servant in discharge of public functions. 186. Obstructing public servant in discharge of public functions.--Whoever voluntarily obstructs any public servant in the discharge of his public functions, 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. 187. Omission to assist public servant when bound by law to give assistance. 187. Omission to assist public servant when bound by law to give assistance.--Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 142 188. Disobedience to order duly

promulgated by public servant. 188. Disobedience to order duly promulgated by public servant.-- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management. disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both: and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.-It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. 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 promulgated 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. A has committed the offence defined in this section. 189. Threat of injury to public servant. 189. Threat of injury to public servant.--Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 190. Threat of injury to induce person to refrain from applying for protection to public servant. 190. Threat of injury to induce person to refrain from applying for protection to public servant.--Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 191. Giving false evidence. 191. Giving false evidence.--Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.-A statement is within the meaning of this section whether it is made verbally or otherwise. Explanation 2.-A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. 143 Illustrations (a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be

the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence. 192. Fabricating false evidence. 192. Fabricating false evidence.--Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said "to fabricate 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. (b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence. 193. Punishment for false evidence. 193. Punishment for false evidence.--Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, 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 whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 144 Explanation 1.-A trial before a Court-martial 1****is a judicial proceeding. Explanation 2.-An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence. Explanation 3.-An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an 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, A has given false evidence.

194. Giving or fabricating false evidence with intent to procure conviction of capital offence; 194. Giving or fabricating false evidence with intent to procure conviction of capital offence.--Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 2*[by the laws for the time being in force in 3*[India]] shall be punished with 4*[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; If innocent person be thereby convicted and executed. If innocent person be thereby conviceted and executed.--and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described. 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.--Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 2*[by the law for the time being in force in 3*[India]] is not capital, but punishable with 4*[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. 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 4*[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 5*[imprisonment for life] or imprisonment, with or without fine. 196. Using evidence known to be false. 196. Using evidence known to be false.-Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence. ---------------------------------------------------------------------- 1. The words "or before a Military Court of Request" were omitted by the Cantonments Act, 1889 (13 of 1889). 2. Subs. by the A.O. 1948, for "by the law of British India or England". 3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 5. Subs. by s. 117 and Sch., ibid., for "such transportation". 145 197. Issuing or signing false certificate. 197. Issuing or signing false certificate.-Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. 198. Using as true a certificate known to be false. 198. Using as true a certificate known to be false.--Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. 199. False statement made in declaration which is by law receivable as evidence. 199. False statement made in declaration which is by law receivable as evidence.--Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which

the declaration is made or used, shall be punished in the same manner as if he gave false evidence. 200. Using as true such declaration knowing it to be false. 200. Using as true such declaration knowing it to be flase.-- Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation.-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. 201. Causing disappearance of evidence of offence, or giving false information to screen offender. 201. Causing disappearance of evidence of offence, or giving false information to screen offender.--Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, if a capital offence; if a capital offence.-shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life; if punishable with imprisonment for life.--and if the offence is punishable with 1*[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years' imprisonment. if punishable with less than ten years' imprisonment.-- and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. 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. 202. Intentional omission to give information of offence by person bound to inform. 202. Intentional omission to give information of offence by person bound to inform.--Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 146 203. Giving false information respecting an offence committed. 203. Giving false information respecting an offence committed.-Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1*[Explanation.-In spections 201 and 202 and in this section the word "offence" includes any act committed at any place out of 2*[India], which, if committed in 2*[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.] 204. Destruction of document to prevent its production as evidence. 204. Destruction of document to prevent its production as evidence.-Whoever secrets or destroys any document which he may be lawfully compelled to

produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 205. False personation for purpose of act or proceeding in suit or prosecution. 205. False personation for purpose of act or proceeding in suit or prosecution.--Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.--Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.--Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ---------------------------------------------------------------------- 1. Ins. by Act 3 of 1894, s. 7. 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 147 208. Fraudulently suffering decree for sum not due. 208. Fraudulently suffering decree for sum not due.--Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustration A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either

on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section. 209. Dishonestly making false claim in Court. 209. Dishonesty making false claim in Court.--Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 210. Fraudulently obtaining decree for sum not due. 210. Fraudulently obtaining decree for sum not due.--Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 211. False charge of offence made with intent to injure. 211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death 1*[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 212. Harbouring offender-if a capital offence, if punishable with imprisonment for life, or with imprisonment. 212. Harbouring offender.--Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, if a capital offence; if a capital offence;--shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment. if punishable with imprisonment for life, or with imprisonment.-- and if the offence is punishable with 1*[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 148 1*["Offence" in this section includes any act committed at any place out of 2*[India], which, if committed in 2*[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 2*[India].] Exception.-This provision

shall not extend to any case in which the harbour or concealment is by the husband or wife of the 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 3*[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. 213. Taking gift, etc., to screen an offender from punishment-if a capital offence; if punishable with imprisonment for life, or with imprisonment. 213. Taking gift, etc., to screen an offender from punishment-Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, if a capital offence; if a capital offence;-shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment. if punishable with imprisonment for life, or with imprisonment.-- and if the offence is punishable with 3*[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 214. Offering gift or restoration of property in consideration of screening offender-if a capital offence; if punishable with imprisonment for life, or with imprisonment. 214. Offering gift or restoration of property in consideration of screening offender.--Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or 4*[restores or causes the restoration of] any property to any person, in consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, if a capital offence; if a capital offence;-shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment. if punishable with imprisonment for life, or with imprisonment.- and if the offence is punishable with 3*[imprisonment for life] or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; ---------------------------------------------------------------------- 1. Ins. by Act 3 of 1894, s. 7. 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 3. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 4. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for "to restore or cause the restoration of". ---------------------------------------------------------------------- 149 and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 1*[Exception.-The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.] 2* * * * * 215. Taking gift

to help to recover stolen property, etc. 215. Taking gift to help to recover stolen property, etc.-- Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered-if a capital offence; if punishable with imprisonment for life, or with imprisonment. 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.--Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if a capital offence; if a capital offence;--if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment. if punishable with imprisonment for life, or with imprisonment.- if the offence is punishable with 3*[imprisonment for life] or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both. 4*["Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of 5*[India], which, if he had been guilty of it in 5*[India], would have been punishable as an offence, and for which he is, under any law relating to extradition, 6*or otherwise liable to be apprehended or detained in custody in 5*[India], and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 5*[India].] Exception.-The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended. 216A. Penalty for harbouring robbers or dacoits. 7*[216A. Penalty for harbouring robbers or dacoits.-Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1882, s. 6, for the original Exception. 2. Illustration rep. by Act 10 of 1882, s. 2 and Sch. I. 3. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 4. Ins. by Act 10 of 1886, s. 23. 5. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 6. The words "or under the Fugitive Offenders Act, 1881" omitted by s. 3 and Sch., ibid. 7. Ins. by Act 3 of 1894, s. 8. ---------------------------------------------------------------------- 150 harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation.-For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without 1*[India]. Exception.-This provision does not extend to the case in which the harbour is by the husband or wife of the offender.] 216B. [Repealed.] 2*[216B. Definition of "harbour" in sections 212, 216 and 216A.] Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), s. 3. 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.-- Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.--Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.--Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 221. Intentional omission to apprehend on the part of public servant bound to apprehend. 221. Intentional omission to apprehend on the part of public servant bound to apprehend.--Whoever, being a pubic servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to

say:- with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or ---------------------------------------------------------------------- 1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2. Ins. by Act 3 of 1894, s. 8. ---------------------------------------------------------------------- 151 with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1*[imprisonment for life] or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.--Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 2*[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:- with 1*[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who, ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 1*[imprisonment for life] 3*** 4*** 5*** 6*** or imprisonment for a term of ten years or upwards; or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2*[or if the person was lawfully committed to custody]. 223. Escape from confinement or custody negligently suffered by public servant. 223. Escape from confinement or custody negligently suffered by public servant.--Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 2*[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 224. Resistance or obstruction by a person to his lawful apprehension. 224. Resistance or obstruction by a person to his lawful apprehension.--Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.-The punishment in this section is in addition to the punishment for which

the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Ins. by Act 27 of 1870, s. 8. 3. The words "or penal servitude for life" omitted by Act 17 of 1949, s. 2. 4. The words "or to" omitted by Act 36 of 1957, s. 3 and Sch. II. 5. The word "transportation" omitted by Act 26 of 1955, s. 117 and Sch. 6. The words "or penal servitude" omitted by Act 17 of 1949, s. 2. ---------------------------------------------------------------------- 152 225. Resistance or obstruction to lawful apprehension of another person. 225. Resistance or obstruction to lawful apprehension of another person.--Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 1*[imprisonment for life] or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 1*[imprisonment for life], 2*** 3*** 4*** or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. 5*[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.-Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished- (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both; and (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both. 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.--Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any

custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.] ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. The words "or to" omitted by Act 36 of 1957, s. 3 and Sch. II. 3. The word "transportation" omitted by Act 26 of 1955, s. 117 and Sch. 4. The words "penal servitude" rep. by Act 17 of 1949, s. 2. 5. Ss. 225A and 225B were subs. by Act 10 of 1886, s. 24(1), for s. 225A, which had been ins. by Act 27 of 1870, s.9. ---------------------------------------------------------------------- 153 226. [Repealed.] 226. [Unlawful return from transportation.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and Sch. 227. Violation of condition of remission of punishment. 227. Violation of condition of remission of punishment.--Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered. 228. Intentional insult or interruption to public servant sitting in judicial proceeding. 228. Intentional insult or interruption to public servant sitting in judicial proceeding.--Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 228A. Disclosure of identity of the victim of certain offences, etc. 1*[228A. Disclosure of identity of the victim of certain offences, etc.--(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is- (a) by or under the order in writing of the officer-in- charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next-of-kin of the victim: 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. Explanation.-For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government. (3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in subsection (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation.-The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.] 229. Personation of a juror or assessor. 229. Personation of a juror or

assessor.--Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ---------------------------------------------------------------------- 1. In s. by Act 43 of 1983, s. 2 (w.e.f. 25-12-1983). ---------------------------------------------------------------------- 154 CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 230. "Coin" defined. 230. "Coin" defined.--1*[Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.] Indian coin Indian coin--2*[Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.] Illustrations (a) Cowries are not coin. (b) Lumps of unstamped copper, though used as money, are not coin. (c) Medals are not coin, inasmuch as they are not intended to be used as money. (d) The coin denominated as the Company's rupee is 3[Indian coin]. 4*(e)The "Farukhabad rupee", which was formerly used as money under the authority of the Government of India, is 3[Indian coin] although it is no longer so used.] 231. Counterfeiting coin. 231. Counterfeiting coin.--Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin. 232. Counterfeiting Indian coin. 232. Counterfeiting Indian coin.-Whoever counterfeits, or knowingly performs any part of the process of counterfeiting 3*[Indian coin], shall be punished with 5*[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. 233. Making or selling instrument for counterfeiting coin. 233. Making or selling instrument for counterfeiting coin.-- Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extended to three years, and shall also be liable to fine. 234. Making or selling instrument for counterfeiting Indian coin. 234. Making or selling instrument for counterfeiting Indian coin.--Whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 3[Indian coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs. by Act 19 of 1872, s. 1, for the original paragraph. 2. Subs. by the A.O. 1950, for the former paragraph. 3. Subs., ibid., for "the Queen's coin". 4. Ins. by Act 6 of 1896, s.

1(2). 5. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 155 235. Possession of instrument or material for the purpose of using the same for counterfeiting coin. 235. Possession of instrument or material for the purpose of using the same for counterfeiting coin.--Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if Indian coin. if Indian coin.--and if the coin to be counterfeited is 1*[Indian coin], shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 236. Abetting in India the counterfeiting out of India of coin. 236. Abetting in India the counterfeiting out of India of coin.-- Whoever, being within 2*[India] abets the counterfeiting of coin out of 2*[India] shall be punished in the same manner as if he abetted the counterfeiting of such coin within 2*[India]. 237. Import or export of counterfeit coin. 237. Import or export of counterfeit coin.--Whoever imports into 2*[India], or exports therefrom, any counterfeit coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 238. Import or export of counterfeits of the Indian coin. 238. Import or export of counterfeits of the Indian coin.-- Whoever imports into 2*[India], or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 1*[Indian coin], shall be punished with 3*[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. 239. Delivery of coin possessed with knowledge that it is counterfeit. 239. Delivery of coin possessed with knowledge that it is counterfeit.--Whoever, having any counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 240. Delivery of Indian coin, possessed with knowledge that it is counterfeit. 240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.--Whoever having any counterfeit coin, which is a counterfeit of 1*[Indian coin], and which, at the time when he became possessed of it, he knew to be a counterfeit of 1*[Indian coin], fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit. 241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.--Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both. ---------------------------------------------------------------------- 1. Subs. by the A.O. 1950, for "the Queen's coin". 2. Subs. by Act 3 of 1951 s. 3 and Sch., for "the States". 3. Subs. by

Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 156 Illustration A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys 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 239 or 240, as the case may be. 242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof. 242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.--Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof. 243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.--Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of 1*[Indian coin], having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 244. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 244. Person employed in mint causing coin to be of different weight or composition from that fixed by law.--Whoever, being employed in any mint lawfully established in 2*[India], does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 245. Unlawfully taking coining instrument from mint. 245. Unlawfully taking coining instrument from mint.--Whoever, without lawful authority, takes out of any mint, lawfully established in 2[India], any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 246. Fraudulently or dishonestly diminishing weight or altering composition of coin. 246. Fraudulently or dishonestly diminishing weight or altering composition of coin.--Whoever, fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation.-A person who scoops out part of the coin and puts anything else into the cavity alters the composition of the coin. 247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin. 247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.--Whoever fraudulently or dishonestly performs on 3*[any Indian coin] any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs. by the A. O. 1950, for

"the Queen's coin". 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 3. Subs. by the A. O. 1950, for "any of the Queen's coin". ---------------------------------------------------------------------- 157 248. Altering appearance of coin with intent that it shall pass as coin of different description. 248. Altering appearance of coin with intent that it shall pass as coin of different description.--Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 249. Altering appearance of Indian coin with intent that it shall pass as coin of different description. 249. Altering appearance of Indian coin with intent that it shall pass as coin of different description.--Whoever performs on 1*[any Indian coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 250. Delivery of coin possessed with knowledge that it is altered. 250. Delivery of coin possessed with knowledge that it is altered.-Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 251. Delivery of Indian coin, possessed with knowledge that it is altered. 251. Delivery of Indian coin, possessed with knowledge that it is altered.-Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 252. Possession of coin by person who knew it to be altered when he became possessed thereof. 252. Possession of coin by person who knew it to be altered when he became possessed thereof.--Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the sections 246 or 248 has been committed having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof. 253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof.--Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the sections 247 or 249 has been committed having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 254. Delivery of coin as genuine which, when first possessed, the deliverer did not

know to be altered. 254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.--Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two ---------------------------------------------------------------------- 1. Subs. by the A. O. 1950, for "any of the Queen's coin". ---------------------------------------------------------------------- 158 years or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed. 255. Counterfeiting Government stamp. 255. Counterfeiting Government stamp.--Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue shall be punished with 1*[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-A person commits this offence who counterfeits by causing a genuine stamps of one denomination to appear like a genuine stamp of a different denomination. 256. Having possession of instrument or material for counterfeiting Government stamp. 256. Having possession of instrument or material for counterfeiting Government stamp.--Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 257. Making or selling instrument for counterfeiting Government stamp. 257. Making or selling instrument for counterfeiting Government stamp.--Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 258. Sale of counterfeit Government stamp. 258. Sale of counterfeit Government stamp.--Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 259. Having possession of counterfeit Government stamp. 259. Having possession of counterfeit Government stamp.--Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 260. Using as genuine a Government stamp known to be counterfeit. 260. Using as genuine a Government stamp known to be counterfeit.--Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which

may extend to seven years, or with fine, or with both. 261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.--Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 159 262. Using Government stamp known to have been before used. 262. Using Government stamp known to have been before used.-- Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 263. Erasure of mark denoting that stamp has been used. 263. Erasure of mark denoting that stamp has been used.--Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 263A. Prohibition of fictitious stamps. 1*[263A. Prohibition of fictitious stamps.--(1) Whoever(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or (b) has in his possession, without lawful excuse, any fictitious stamp, or (c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees. (2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp 2*[may be seized and, if seized] shall be forfeited. (3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose. (4) In this section and also in sections 255 to 263, both inclusive, the word "Government", when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive Government in any part of India, and also in any part of Her Majesty's dominions or in any foreign country.] CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES 264. Fraudulent use of false instrument for weighing. 264. Fraudulent use of false instrument

for weighing.--Whoever, fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 265. Fraudulent use of false weight or measure. 265. Fraudulent use of false weight or measure.--Whoever, fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. ---------------------------------------------------------------------- 1. S. 263A ins. by Act 3 of 1895, s. 2. 2. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for "may be seized and". ---------------------------------------------------------------------- 160 266. Being in possession of false weight or measure. 266. Being in possession of false weight or measure.-Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, 1**** intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 267. Making or selling false weight or measure. 267. Making or selling false weight or measure.--Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 268. Public nuisance. 268. Public nuisance.--A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. 269. Negligent act likely to spread infection of disease dangerous to life. 269. Negligent act likely to spread infection of disease dangerous to life.--Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 270. Malignant act likely to spread infection of disease dangerous to life. 270. Malignant act likely to spread infection of disease dangerous to life.--Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 271. Disobedience to quarantine rule. 271. Disobedience to quarantine rule.--Whoever knowingly disobeys any rul e made and promulgated 2*[by the 3* Government 4*] for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may

extend to six months, or with fine, or with both. 272. Adulteration of food or drink intended for sale. 272. Adulteration of food or drink intended for sale.-Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 273. Sale of noxious food or drink. 273. Sale of noxious food or drink.--Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food ---------------------------------------------------------------------- 1. The word "and" omitted by Act 42 of 1953, s. 4 and the third Sch. 2. Subs. by the A. O. 1937, for "by the G. of I., or by any Govt.". 3. The words "Central or any Provincial" rep. by the A. O. 1950. 4. The words "or the Crown Representative" were rep. by the A. O. 1948. ---------------------------------------------------------------------- 161 or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 274. Adulteration of drugs. 274. Adulteration of drugs.--Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 275. Sale of adulterated drugs. 275. Sale of adulterated drugs.--Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 276. Sale of drug as a different drug or preparation. 276. Sale of drug as a different drug or preparation.--Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 277. Fouling water of public spring or reservoir. 277. Fouling water of public spring or reservoir.--Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, 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. 278. Making atmosphere noxious to health. 278. Making atmosphere noxious to health.--Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees. 279. Rash driving or riding on a public way. 279. Rash driving or riding on a public

way.--Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 280. Rash navigation of vessel. 280. Rash navigation of vessel.--Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 281. Exhibition of false light, mark or buoy. 281. Exhibition of false light, mark or buoy.--Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 162 282. Conveying person by water for hire in unsafe or overloaded vessel. 282. Conveying person by water for hire in unsafe or overloaded vessel.--Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 283. Danger or obstruction in public way or line of navigation. 283. Danger or obstruction in public way or line of navigation.-Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to two hundred rupees. 284. Negligent conduct with respect to poisonous substance. 284. Negligent conduct with respect to poisonous substance.-- Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 285. Negligent conduct with respect to fire or combustible matter. 285. Negligent conduct with respect to fire or combustible matter.--Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 286. Negligent conduct with respect to explosive substance. 286. Negligent conduct with respect to explosive substance.-- Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand

rupees, or with both. 287. Negligent conduct with respect to machinery.-- 287. Negligent conduct with respect to machinery.--Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 163 288. Negligent conduct with respect to pulling down or repairing buildings. 288. Negligent conduct with respect to pulling down or repairing buildings.--Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 289. Negligent conduct with respect to animal. 289. Negligent conduct with respect to animal.--Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 290. Punishment for public nuisance in cases not otherwise provided for. 290. Punishment for public nuisance in cases not otherwise provided for.-Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees. 291. Continuance of nuisance after injunction to discontinue. 291. Continuance of nuisance after injunction to discontinue.-- Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both. 292. Sale, etc., of obscene books, etc. 1*[292. Sale, etc., of obscene books, etc.--2*[(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.] 3*[(2)] Whoever- (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (d) advertises or makes known by any means whatsoever that any

person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1925, s. 2, for the original s. 292. 2. Ins. by Act 36 of 1969, s. 2 3. S. 292 renumbered as sub-section (2) thereof by s. 2, ibid. ---------------------------------------------------------------------- 164 (e) offers or attempts to do any act which is an offence under this section, shall be punished 1 [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees]. 2*[Exception-This section does not extend to- (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure- (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in- (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]] 293. Sale, etc., of obscene objects to young person. 3*[293. Sale, etc., of obscene objects to young person.-- Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 1[on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees].] 294. Obscene acts and songs. 4*[294. Obscene acts and songs.--Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.] ---------------------------------------------------------------------- 1. Subs. by Act 36 of 1969, s. 2, for certain words. 2. Subs. by s. 2, ibid., for Exception. 3. Subs. by Act 8 of 1925, s. 2, for the original s. 293. 4. Subs. by Act 3 of 1895, s. 3, for the original s. 294. ---------------------------------------------------------------------- 165 294A. Keeping lottery office. 1*[294A. Keeping lottery office.--Whoever keeps any office or place for the purpose of drawing any lottery 2*[not being 3*[a State lottery] or a lottery authorised by the 4*[State] Government], shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 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.] CHAPTER XV OF OFFENCES RELATING TO RELIGION CHAPTER XV OF OFFENCES RELATING TO RELIGION 295. Injuring or defiling place of worship, with intent to insult the religion of

any class. 295. Injuring or defiling place of worship, with intent to insult the religion of any class.--Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 5*[295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.--Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6*[citizens of India], 7*[by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8*[three years], or with fine, or with both.] 296. Disturbing religious assembly. 296. Disturbing religious assembly.--Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 297. Trespassing on burial places, etc. 297. Trespassing on burial places, etc.--Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, ---------------------------------------------------------------------- 1. S. 294A ins. by Act 27 of 1870, s. 10. 2. Subs. by the A. O. 1937, for "not authorised by Government". 3. Subs. by Act 3 of 1951, s. 3 and Sch., for "a lottery organised by the Central Government or the Government of a Part A State or a Part B State" which had been subs. by the A.O. 1950, for "a State lottery". 4. Subs. by the A.O. 1950, for "Provincial". 5. Ins. by Act 25 of 1927, s. 2. 6. Subs. by the A.O. 1950, for "His Majesty's subjects". 7. Subs. by Act 41 of 1961, s.3, for certain words. 8. Subs. by s.3, ibid., for "two years". ---------------------------------------------------------------------- 166 shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 298. Uttering words, etc., with deliberate intent to wound religious feelings. 298. Uttering words, etc., with deliberate intent to wound religious feelings.--Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 299. Culpable homicide. 299. Culpable homicide.--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. 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) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. 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. Explanation 1.-A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.-Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.-The causing of the death of a child in the mother's womb is not homicide. 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. 300. Murder. 300. Murder.--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, or- 167 2ndly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. or- 3rdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- 4thly.-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. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. 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. (c) A intentionally gives Z a swordcut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.-When culpable homicide is not murder.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or

accident. The above exception is subject to the following provisos:- First.-That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Secondly.-That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly.-That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.-Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. 168 Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z's child. This is murder, inasmuch 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. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z's nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.-Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence or person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. 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.-Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. Explanation.-It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.-Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. 169 Illustration A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide.

Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder. 301. Culpable homicide by causing death of person other than person whose death was intended. 301. Culpable homicide by causing death of person other than person whose death was intended.--If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to he likely to cause. 302. Punishment for murder. 302. Punishment for murder.--Whoever commits murder shall be punished with death, or 1*[imprisonment for life], and shall also be liable to fine. 303. Punishment for murder by life-convict. 303. Punishment for murder by life-convict.--Whoever, being under sentence of 1*[imprisonment for life], commits murder, shall be punished with death. 304. Punishment for culpable homicide not amounting to murder. 304. Punishment for culpable homicide not amounting to murder.-- Whoever commits culpable homicide not amounting to murder shall be punished with 1*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death. or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 304A. Causing death by negligence. 2*[304A. Causing death by negligence.--Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.] 304B. Dowry death. 3*[304B. Dowry death.--(1) 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. Explanation.-For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. S. 304A was ins. by Act 27 of 1870, s. 12. 3. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986). 170 305. Abetment of suicide of child or insane person. 305. Abetment of suicide of child or insane person.--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 1*[imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 306. Abetment of suicide. 306. Abetment of suicide.--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 307. Attempt to murder.

307. Attempt to murder.--Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused 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, if hurt is caused to any person by such act, the offender shall be liable either to 1*[imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life-convicts. Attempts by lifeconvicts.-2*[When any person offending under this section is under sentence of 1*[imprisonment for life], he may, if hurt is caused, be punished with death.] Illustrations (a) 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 (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. 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. (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence in this section. A places the food on Z's table or delivers it to Z's servants to place it on Z's table. A has committed the offence defined in this section. 308. Attempt to commit culpable homicide. 308. Attempt to commit culpable homicide.--Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Ins. by Act 27 of 1870, s.11. 3. Ins. by Act 12 of 1891, s.2 and Sch. II. ---------------------------------------------------------------------171 Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. 309. Attempt to commit suicide. 309. Attempt to commit suicide.--Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year 1*[or with fine, or with both.] 310. Thug. 310. Thug.--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. 311. Punishment. 311. Punishment.--Whoever is a thug, shall be punished with 2[imprisonment for life], and shall also be liable to fine. Of the causing of miscarriage, of injuries to unborn children, of the exposure of infants, and of the concealment of births. 312. Causing miscarriage. 312. Causing miscarraige.--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. Explanation.A woman who causes herself to miscarry, is within the meaning of this section. 313. Causing miscarriage without woman's consent. 313. Causing miscarriage without woman's consent.--Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 314. Death caused by act done with intent to cause miscarriage. 314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned. Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death. 315. Act done with intent to prevent child being born alive or to cause it to die after birth. 315. Act done with intent to prevent child being born alive or to cause it to die after birth.--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 ---------------------------------------------------------------------- 1. Subs. by Act 8 of 1882, s. 7, for "and shall also be liable to fine". 2. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 172 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. 316. Causing death of quick unborn child by act amounting to culpabl e homicide. 316. Causing death of quick unborn child by act amounting to culpable homicide.--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. 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. A is guilty of the offence defined in this section. 317. Exposure and abandonment of child under twelve years, by parent or person having care of it. 317. Exposure and abandonment of child under twelve years, by parent or person having care of it.-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. Explanation.-This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure. 318. Concealment of birth by secret disposal of dead body. 318. Concealment of birth by secret disposal of dead body.-- 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. Of hurt 319. Hurt. 319. Hurt.--Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 320. Grievous hurt. 320. Grievous hurt.--The following kinds of hurt only are designated as "grievous":- First.Emasculation. 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. 173 321. Voluntarily causing hurt. 321. Voluntarily causing hurt.-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". 322. Voluntarily causing grievous hurt. 322. Voluntarily causing grievous hurt.--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". Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. Illustration 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. 323. Punishment for voluntarily causing hurt. 323. Punishment for voluntarily causing hurt.--Whoever, except in the case provided for by section 334, 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. 324. Voluntarily causing hurt by dangerous weapons or means. 324. Voluntarily causing hurt by dangerous weapons or means.-- Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 325. Punishment for voluntarily causing grievous hurt 325. Punishment for voluntarily causing grievous hurt.-Whoever, except in the case provided for by section 335, 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. 326. Voluntarily causing grievous hurt by dangerous weapons or means. 326. Voluntarily causing grievous hurt by dangerous weapons or means.--Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any

instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 174 327. Voluntarily causing hurt to extort property, or to constrain to an illegal to an act. 327. Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.--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. 328. Causing hurt by means of poison, etc., with intent to commit and offence. 328. Causing hurt by means of poison, etc., with intent to commit and offence.--Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.--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 1*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 330. Voluntarily causing hurt to extort confession or to compel restoration of property. 320. Voluntarily causing hurt to extort confession or to compel restoration of property.--Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or 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. Illustriations (a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guily of an offence under this section. (b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. (d) A, a zamindar,

tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section. 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property. 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.--Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 175 interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 332. Voluntarily causing hurt to deter public servant from his duty. 332. Voluntarily causing hurt to deter public servant from his duty.--Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as 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. 333. Voluntarily causing grievous hurt to deter public servant from his duty. 333. Voluntarily causing grievous hurt to deter public servant from his duty.--Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 334. Voluntarily causing hurt on provocation. 334. Voluntarily causing hurt on provocation.--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. 335. Voluntarily causing grievous hurt on provocation. 335. Voluntarily causing grievous hurt on provocation.--Whoever 1*[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. Explanation.The last two sections are subject to the same provisos as Exception 1, section 300. 336. Act endangering life or personal safety of others. 336. Act endangering life or personal safety of others.--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. 337. Causing hurt by act endangering life

or personal safety of others. 337. Causing hurt by act endangering life or personal safety of others.--Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1882, s. 8, ---------------------------------------------------------------------- 176 338. Causing grievous hurt by act endangering life or personal safety of others. 338. Causing grievous hurt by act endangering life or personal safety of others.--Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. Of wrongful restraint and wrongful confinement 339. Wrongful restraint. 339. Wrongful restraint.--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. 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. 340. Wrongful confinement. 340. Wrongful confinement.--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. Illustrations (a) 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. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts leave the building. A wrongfully confines Z. 341. Punishment for wrongful restraint. 341. Punishment for wrongful restraint.--Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. 342. Punishment for wrongful confinement. 342. Punishment for wrongful confinement.-Whoever wrongfully confines any person shall be punished with simple 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. 343. Wrongful confinement for three or more days. 343. Wrongful confinement for three or more days.--Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 344. Wrongful confinement for ten or more days. 344. Wrongful confinement for ten or more days.--Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 177 345. Wrongful confinement of person for whose liberation writ has been issued. 345. Wrongful confinement of person for whose liberation writ has been issued.--Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other

section of this Chapter. 346. Wrongful confinement in secret. 346. Wrongful confinement in secret.--Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement. 347. Wrongful confinement to extort property, or constrain to illegal act. 347. Wrongful confinement to extort property, or constrain to illegal act.--Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 348. Wrongful confinement to extort confession, or compel restoration of property. 348. Wrongful confinement to extort confession, or compel restoration of property.--Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Of criminal force and assault 349. Force. 349. Force.--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: 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. 178 350. Criminal force. 350. Criminal force.--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. 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 A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person's part. A has therefore intentionally used force to Z; and if he has done so without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force

will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z's horses and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. 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 therefore used force to Z; and as A has acted thus intentionally, without Z's consent, in order to the commission of an offence. A has used criminal force to Z. (d) 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. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water, and dash up the water against Z's clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z's clothes, A has used force to Z, and if he did so without Z's consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a Woman's veil. 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. (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z's sense of feeling, A has therefore intentionally used force to Z; and if he has done this without Z's consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. 179 (h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. 351. Assault. 351. Assault.--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. Explanation.-Mere words do not amount to an assault. 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. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, "I will give you a beating". Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault,the gesture explained by the words may amount to an assault. 352. Punishment for assault or criminal force otherwise than on grave provocation. 352. Punishment for assault or criminal force otherwise than on grave provocation.--Whoever assaults or uses criminal force to any person otherwise than on

grave and sudden provocation given by that person, 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. Explanation.-Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. 353. Assault or criminal force to deter public servant from discharge of his duty. 353. Assault or criminal force to deter public servant from discharge of his duty.--Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 180 354. Assault or criminal force to woman with intent to outrage her modesty. 354. Assault or criminal force to woman with intent to outrage her modesty.--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. 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation. 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.--Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 356. Assault or criminal force in attempt to commit theft of property carried by a person. 356. Assault or criminal force in attempt to commit theft of property carried by a person.--Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 357. Assault or criminal force in attempt wrongfully to confine a person. 357. Assault or criminal force in attempt wrongfully to confine a person.--Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, 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. 358. Assault or criminal force on grave provocation. 358. Assault or criminal force on grave provocation.--Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Explanation.-The last section is subject to the same explanation as section 352. Of kidnapping, abduction, slavery and forced labour 359. Kidnapping. 359. Kidnapping.--Kidnapping is of two kinds : kidnapping from 1*[India], and kidnapping from lawful guardianship. 360. Kidnapping from India. 360. Kidnapping from India.--Whoever conveys any person beyond the limits of 1*[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 1*[India]. 361. Kidnapping from lawful guardianship. 361. Kidnapping from lawful guardianship.--Whoever takes or entices any minor under 2*[sixteen] years of age if a male, or under 3*[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, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.-The words "lawful guardian" in this section include any person lawfully entrusted with the care or custody of such minor or other person. ---------------------------------------------------------------------- 1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States." 2. Subs. by Act 42 of 1949, s. 2, for "fourteen". 3. Subs., by s. 2, ibid., for "sixteen". ---------------------------------------------------------------------- 181 Exception.-This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 362. Abduction. 362. Abduction.--Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person. 363. Punishment for kidnapping. 363. Punishment for kidnapping.--Whoever kidnaps any person from 1*[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. 363A. Kidnapping or maiming a minor for purposes of begging. 2*[363A. Kidnapping or maiming a minor for purposes of begging.--(1) 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. (2) 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. (3) 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. (4) In this section,- (a) "begging" means- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iv) using a minor as an exhibit for the purpose of soliciting or receiving alms; (b) "minor" means- (i) in the case of a male, a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen years of age.] ---------------------------------------------------------------------- 1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960). ---------------------------------------------------------------------- 182 364. Kidnapping or abducting in order to murder. 364. Kidnapping or abducting in order to murder.--Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 1*[imprisonment for life] or rigorous imprisonment for a term which may

extend to ten years, and shall also be liable to fine. IIIustrations (a) A kidnaps Z from 2*[India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. 364A. Kidnappin for ransom, etc. 3*364A. Kidnapping for ransom, etc.Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable appreension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine. 365. Kidnapping or abducting with intent secretly and wrongfully to confine person. 365. Kidnapping or abducting with intent secretly and wrongfully to confine person.--Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 366. Kidnapping, abducting or inducing woman to compel her marriage, etc. 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.--Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 3*[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid]. 4*[366A. Procuration of minor girl. 6*[366A. Procuration of minor girl.--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. 366B. Importation of girl from foreign country. 366B. Importation of girl from foreign country.--Whoever imports into 2*[India] from any country outside India 7*[or from the State of Jammu and Kashmir] 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, 5* * * * * shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.] ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 3. Ins. by Act 42 of 1997 s. 2. 4. Subs. by Act 24 of 1995, s. 2. 5. Ins. by Act 20 of 1923, s. 2. 6. Ins. by s.3, ibid. 7. Ins. by Act 3 of 1951, s.3 and Sch., 8. Certain words omitted by s.3 and Sch., ibid. ---------------------------------------------------------------------- 183 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.--Whoever kidnaps or

abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.--Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement. 369. Kidnapping or abducting child under ten years with intent to steal from its person. 369. Kidnapping or abducting child under ten years with intent to steal from its person.--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. 370. Buying or disposing of any person as a slave. 370. Buying or disposing of any person as a slave.--Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 371. Habitual dealing in slaves. 371. Habitual dealing in slaves.--Whoever habitually imports, exports, removes, buys, sells traffics or deals in slaves, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 372. Selling minor for purposes of prostitution, etc. 372. Selling minor for purposes of prostitution, etc.--Whoever sells, lets to hire, or otherwise disposes of any 2*[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. 3*[Explanation I.-When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.-For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage, or by any union or tie which though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.] 373. Buying minor for purposes of prostitution, etc. 373. Buying minor for purposes of prostitution, etc.--Whoever buys, hires or otherwise obtains possession of any 2*[person under the age of eighteen years with intent that such person shall at ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Subs. by Act 18 of 1924, s. 2, for "minor under the age of eighteen years with intent that such minor shall be employed or used for

the purpose of prostitution or for any unlawful and immoral purpose, or knowing it to be likely that such minor will be". 3. Ins. by s.3, ibid, 184 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. 1*[Explanation I.-Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation II.-"Illicit intercourse" has the same meaning as in section 372.] 374. Unlawful compulsory labour. 374. Unlawful compulsory labour.--Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 2*[Sexual offences 375. Rape. 375. Rape.--A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:- First.-Against her will. 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. Fourthly.-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. Fifthly.-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. Sixthly.-With or without her consent, when she is under sixteen years of age. Explanation.-Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. 376. Punishment for rape. 376. Punishment for rape.--(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: ---------------------------------------------------------------------- 1. Ins. by Act 18 of 1924, s. 4. 2. Subs. by Act 43 of 1983, s.3 for the heading "Of rape" and ss. 375 and 376. ---------------------------------------------------------------------- 185 Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. (2) Whoever,- (a) being a police officer commits rape- (i) within the limits of the police station to which he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or (iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or (c) being on the management or on

the staff of a jail, 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 takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or (e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.-Where a women's is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2.-"women's or children's institution" means an institution, whether called and orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children. Explanation 3.-"hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation. 376A. Intercourse by a man with his wife during separation. 376A. Intercourse by a man with his wife during separation.-- Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. 186 376B. Intercourse by public servant with woman in his custody. 376B. Intercourse by public servant with woman in his custody.-- Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. 376C. Intercourse by superintendent of jail, remand home, etc. 376C. Intercourse by superintendent of jail, remand home, etc.-- Whoever, being the superintendent or manager of a jail, 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 takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation 1.-"Superintendent" in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates. Explanation 2.-The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376. 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital. 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital.--Whoever, being on

the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation.-The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.] Of unnatural offences 377. Unnatural offences. 377. Unnatural offences.--Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. CHAPTER XVII OF OFFENCES AGAINST PROPERTY CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of theft 378. Theft. 378. Theft.--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. Explanation 1.-A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. ---------------------------------------------------------------------- 1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life ". ---------------------------------------------------------------------- 187 Explanation 2.-A moving effected by the same act which effects the severance may be a theft. Explanation 3.-A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4.-A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5.-The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Illustrations (a) 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. (b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z's possession without Z's consent, A has committed theft as soon as Z's dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft. (e) 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. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the high-road, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging

to Z lying on a table in Z's house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. 188 (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefor committed theft. (m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's book. If this was A's impression, A has not committed theft. (n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z's wife is authorized to give away alms. If this was A's impression, A has not committed theft. (o) A is the paramour of Z's wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's possession. Here, as A does not take dishonestly, he does not commit theft. 379. Punishment for theft. 379. Punishment for theft.--Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 380. Theft in dwelling house, etc. 380. Theft in dwelling house, etc.--Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 381. Theft by clerk or servant of property in possession of master. 381. Theft by clerk or servant of property in possession of master.--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. 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.--Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the

committing of such theft or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A commits theft on property in Z's possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. 189 (b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Of extortion 383. Extortion. 383. Extortion.--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". Illustrations (a) 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. (b) A threatens Z that he will keep Z's child in worngful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A to Z sings and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z sings and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security A has committed extortion. 384. Punishment for extortion. 384. Punishment for extortion.--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. 385. Putting person in fear of injury in order to commit extortion. 385. Putting person in fear of injury in order to commit extortion.--Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 386. Extortion by putting a person in fear of death or grievous hurt. 386. Extortion by putting a person in fear of death or grievous hurt.--Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 387. Putting person in fear of death or of grievous hurt, in order to commit extortion. 387. Putting person in fear of death or of grievous hurt, in order to commit extortion.-Whoever in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. 388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.--Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 1*[imprisonment for life], or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall

---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 190 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, if the offence be one punishable under section 377 of this Code, may be punished with 1*[imprisonment for life]. 389. Putting person in fear or accusation of offence, in order to commit extortion. 389. Putting person in fear or accusation of offence, in order to commit extortion.--Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with 1*[imprisonment for life], or with imprisonment for a term which may extend to ten years, 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, if the offence be punishable under section 377 of this Code, may be punished with 1*[imprisonment for life]. Of robbery and dacoity 390. Robbery. 390. Robbery.--In all robbery there is either theft or extortion. When theft is robbery. 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, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery. When extortion is robbery.--Extortion is "robbery" if the 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 that 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. Explanation.-The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's 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. (b) 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. (c) A meets Z and Z's child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying-"Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees". This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child. 391. Dacoity. 391. Dacoity.--When five or more persons conjointly commit or atte mpt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, 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". ---------------------------------------------------------------------- 1. Subs,

by Act 26 of 1955, s. 117 and Sch., for "transportation for life." ---------------------------------------------------------------------- 191 392. Punishment for robbery. 392. Punishment for robbery.--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 be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. 393. Attempt to commit robbery. 393. Attempt to commit robbery.--Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 394. Voluntarily causing hurt in committing robbery. 394. Voluntarily causing hurt in committing robbery.--If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1*[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 395. Punishment for dacoity. 395. Punishment for dacoity.--Whoever commits dacoity shall be punished with 1*[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 396. Dacoity with murder. 396. Dacoity with murder.--If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1*[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 397. Robbery or dacoity, with attempt to cause death or grievous hurt. 397. Robbery or dacoity, with attempt to cause death or grievous hurt.--If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. 398. Attempt to commit robbery or dacoity when armed with deadly weapon. 398. Attempt to commit robbery or dacoity when armed with deadly weapon.--If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. 399. Making preparation to commit dacoity. 399. Making preparation to commit dacoity.--Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 400. Punishment for belonging to gang of dacoits. 400. Punishment for belonging to gang of dacoits.--Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with 1*[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 401. Punishment for belonging to gang of thieves. 401. Punishment for belonging to gang of thieves.--Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 402. Assembling for purpose of committing dacoity. 402. Assembling for purpose of committing dacoity.--Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and

shall also be liable to fine. Of criminal misappropriation of property 403. Dishonest misappropriation of property. 403. Dishonest misappropriation of property.--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. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life." ---------------------------------------------------------------------- 192 Illustrations (a) A takes property belonging to Z out of Z's possession in good faith, believing, at the time when he takes it, that the property belongs to himself. 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. (b) A, being on friendly terms with Z, goes into Z's library in Z's absence and takes away a book without Z's express consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B being joint owners of a horse, A takes the horse out of B's possession, intending to use it. Here as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1.-A dishonest misappropriation for a time only is a misappropriation with the meaning of this section. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security or a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.-A person who finds property not in the possession of any other person, and such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it: it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. Illustrations (a) A finds a rupee on the high-road, not knowing to whom the rupee belong, A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. 193 (d) A sees Z drop his purse with money in it. A pick up the purse with the intention of restoring it to Z, bu afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a purse with money, not knowing to

whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. 404. Dishonest misappropriation of property possessed by deceased person at the time of his death. 404. Dishonest misappropriation of property possessed by deceased person at the time of his death.Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Of criminal breach of trust 405. Criminal breach of trust. 405. Criminal breach of trust.--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 wilfully suffers any other person so to do, commits "criminal breach of trust". 1*[2*[Explanation 1].-A person, being an employer 3*[of an establishment whether exempted under section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or not] who deducts the employees' contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] 4*[Explanation 2.-A person, being an employer, who deducts the employees contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the ---------------------------------------------------------------------- 1. Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973). 2. Explanation renumbered as Explanation 1 by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975). 3. Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988). 4. Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975). ---------------------------------------------------------------------194 said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] Illustrations (a) 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. (b) A is a warehousekeeper, Z, going on a journey, entrusts his furniture to A, under a contract that it shall be

returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company's paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here, thought Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. 406. Punishment for criminal breach of trust. 406. Punishment for criminal breach of trust.--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. 407. Criminal breach of trust by carrier, etc. 407. Criminal breach of trust by carrier, etc.--Whoever, being entrusted with property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust, in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 408. Criminal breach of trust by clerk or servant. 408. Criminal breach of trust by clerk or servant.--Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 409. Criminal breach of trust by public servant, or by banker, merchant or agent. 409. Criminal breach of trust by public servant, or by banker, merchant or agent.--Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 195 OF TE RECEIVING OF STOLEN PROPERTY 410. Stolen property. 410. Stolen property.--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 1***criminal breach of trust has been committed, is designated as "stolen property", 2*[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 3*[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. 411. Dishonestly receiving stolen property. 411. Dishonestly receiving stolen property.--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. 412. Dishonestly receiving property stolen in the commission of a dacoity. 412. Dishonestly receiving property stolen in the commission of a dacoity.-Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with 4*[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 413. Habitually dealing in stolen property. 413. Habitually dealing in stolen property.-Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 4*[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. 414. Assisting in concealment of stolen property. 414. Assisting in concealment of stolen property.--Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe 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. Of cheating 415. Cheating. 415. Cheating.--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". Explanation.-A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) 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. ---------------------------------------------------------------------- 1. The words "the" and "offence of" rep. by Act 12 of 1891, s. 2 and Sch. I and Act 8 of 1882, s. 9, respectively. 2. Ins. by Act 8 of 1882 s. 9. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 196 (b) 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. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats (e) A, by pledging as diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A Intentionally deceives Z

into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. 416. Cheating by personation. 416. Cheating by personation.--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. Explanation.-The offence is committed whether the individual personated is a real or imaginary person. Illustrations (a) A cheats, by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. 417. Punishment for cheating. 417. Punishment for cheating.-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. 197 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.--Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 419. Punishment for cheating by personation. 419. Punishment for cheating by personation.--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. 420. Cheating and dishonestly inducing delivery of property. 420. Cheating and dishonestly inducing delivery of property.-- 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. Of fraudulent deeds and dispositions of property 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.--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. 422. Dishonestly or fraudulently preventing debt being available for creditors. 422. Dishonestly or fraudulently preventing debt being available for creditors.--Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such 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. 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.-Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 424. Dishonest or fraudulent removal or concealment of property. 424. Dishonest or fraudulent removal or concealment of property.- Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Of mischief 425. Mischief. 425. Mischief.--Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, 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". 198 Explanation 1.-It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2.-Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water in to an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of there by causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief. 426. Punishment for

mischief. 426. Punishment for mischief.--Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 427. Mischief causing damage to the amount of fifty rupees. 427. Mischief causing damage to the amount of fifty rupees.-- Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 428. Mischief by killing or maiming animal of the value of ten rupees. 428. Mischief by killing or maiming animal of the value of ten rupees.-Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.--Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both. 199 430. Mischief by injury to works of irrigation or by wrongfully diverting water. 430. Mischief by injury to works of irrigation or by wrongfully diverting water.--Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 431. Mischief by injury to public road, bridge, river or channel. 431. Mischief by injury to public road, bridge, river or channel.--Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 432. Mischief by causing inundation or obstruction to public drainage attended with damage. 432. Mischief by causing inundation or obstruction to public drainage attended with damage.--Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark. 433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.--Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any seamark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 434. Mischief by destroying or moving, etc., a land-mark fixed by public authority. 434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.--Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any

act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees. 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.--Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1*[or (where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. 436. Mischief by fire or explosive substance with intent to destroy house, etc. 436. Mischief by fire or explosive substance with intent to destroy house, etc.--Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause. the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.--Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Ins. by Act 8 of 1882, s. 10 2. Subs, by Act 26 of 1955, s. 117 and Sch, for "transportation for life". ---------------------------------------------------------------------- 200 438. Punishment for the mischief described in section 437 committed by fire or explosive substance. 438. Punishment for the mischief described in section 437 committed by fire or explosive substance.--Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. shall be punished with 1*[imprisonment for life]. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.--Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 440. Mischief committed after preparation made for causing death or hurt. 440. Mischief committed after preparation made for causing death or hurt.-Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Of criminal trespass 441. Criminal trespass. 441. Criminal trespass.--Whoever enters into or upon property in the possession of another

with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass". 442. House-trespass. 442. House-trespass.--Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass". Explanation.-The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 443. Lurking house-trespass. 443. Lurking house-trespass.--Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass". 444. Lurking house-trespass by night. 444. Lurking house-trespass by night.--Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night". 445. House-breaking. 445. House-breaking.--A person is said to commit "house-breaking" who commits housetrespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of it in such six ways, that is to say :- First.-If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass. ---------------------------------------------------------------------- 1. Subs. by act. 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 201 Secondly.-If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building. Thirdly.-If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened. Fourthly.-If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. Fifthly.-If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. Sixthly.-If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation.-Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations (a) A commits housetrespass by making a hole through the wall of Z's house, and putting his hand through the aperture. This is house- breaking. (b) A commits house-trespass by creeping into a ship at a port- hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z's house through a window. This is house-breaking. (d) A commits housetrespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is

house-breaking. (f) A finds the key of Z's house door, which Z had lost, and commits house trespass by entering Z's house, having opened the door with that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking. (h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking. 446. House-breaking by night. 446. House-breaking by night.--Whoever commits house-breaking after sunset and before sunrise, is said to commit "housebreaking by night". 447. Punishment for criminal trespass. 447. Punishment for criminal trespass.--Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 448. Punishment for house-trespass. 448. Punishment for house-trespass.--Whoever commits house- trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 202 449. House-trespass in order to commit offence punishable with death. 449. House-trespass in order to commit offence punishable with death.--Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with 1*[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. 450. House-trespass in order to commit offence punishable with imprisonment for life. 450. House-trespass in order to commit offence punishable with imprisonment for life.--Whoever commits house-trespass in order to the committing of any offence punishable with 1*[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 451. House-trespass in order to commit offence punishable with imprisonment. 451. House-trespass in order to commit offence punishable with imprisonment.--Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. 452. House-trespass alter preparation for hurt, assault or wrongful restraint. 452. House-trespass alter preparation for hurt, assault or wrongful restraint.--Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 453. Punishment for lurking house-trespass or house-breaking. 453. Punishment for lurking house-trespass or house-breaking.-- Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment. 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.--Whoever commits lurking house- trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is

theft, the term of the imprisonment may be extended to ten years. 455. Lurking housetrespass or house-breaking after preparation for hurt, assault or wrongful restraint. 455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.--Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. 456. Punishment for lurking house-trespass or house-breaking by night. 456. Punishment for lurking housetrespass or house-breaking by night.--Whoever commits lurking house-trespass by night, or house- breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment. 457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.--Whoever commits lurking housetrespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. 458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint. 458. Lurking house-trespass or housebreaking by night after preparation for hurt, assault, or wrongful restraint.--Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". ---------------------------------------------------------------------- 203 459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking. 459. Grievous hurt caused whilst committing lurking house- trespass or house-breaking.--Whoever, whilst committing lurking house- trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with 1*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 460. All persons jointly concerned in lurking house-trespass or house- breaking by night punishable where death or grievous hurt caused by one of them. 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.--If at the time of the committing of lurking house- trespass by night or housebreaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurkking house-trespass by night or house-breaking by night, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 461. Dishonestly breaking open receptacle containing property. 461. Dishonestly breaking open receptacle containing

property.-- Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 462. Punishment for same offence when committed by person entrusted with custody. 462. Punishment for same offence when committed by person entrusted with custody.--Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO 2****PROPERTY MARKS 463. Forgery. 463. Forgery.--Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 464. Making a false document. 464. Making a false document.--A person is said to make a false document- First.-Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or Secondly.-Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly.-Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. The words "Trade or" omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959). ---------------------------------------------------------------------- 204 Illustrations (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of

exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z's will contains these words-"I direct that all my remaining property be equally divided between A, B and C." A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z< for his order by writing on the bill the words "Pay to Z or his order" and signing the endorsement. B dishonestly erases the words "Pay to Z or his order", and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. (j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. 205 Explanation I.-A man's signature of his own name may amount to forgery. Illustrations (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word "accepted" on a piece of paper and signs it with Z's name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bills as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2.-The making of a false document in the name of a fictious person, intending it to be believed that the document was made by real person, or in the

name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. Illustration A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. 465. Punishment for forgery. 465. Punishment for forgery.--Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 466. Forgery of record of Court or of public register, etc. 466. Forgery of record of Court or of public register, etc.-- Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 206 467. Forgery of valuable security, will, etc. 467. Forgery of valuable security, will, etc.--Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1 *[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 468. Forgery for purpose of cheating. 468. Forgery for purpose of cheating.--Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 469. Forgery for purpose of harming reputation. 469. Forgery for purpose of harming reputation.--Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 470. Forged document. 470. Forged document.--A false document made wholly or in part by forgery is designated "a forged document". 471. Using as genuine a forged document. 471. Using as genuine a forged document.--Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document. 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467. 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.--Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise. 473. Making or possessing counterfeit seal, etc.,

with intent to commit forgery punishable otherwise.--Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine. 474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine.--Whoever has in his possession any document, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with 1*[imprisonment for life], or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. ---------------------------------------------------------------------1. Subs. by Act 26 of 1955. s. 117 and Sch., for "transportation for life". 207 475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material. 475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.--Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with 1 *[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material. 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.--Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.--Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits

mischief in respect of such document, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 477A. Falsification of accounts. 2*[477A. Falsification of accounts.--Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in. any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.] 3*[Of 4****property and other marks 478. [Repealed.] 478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958),s. 135 and Sch. (w. e. f. 25-11-1959). ---------------------------------------------------------------------1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. Added by Act 3 of 1895, s. 4. 3. Subs. by Act. 4 of 1889, s. 3, for the original heading and ss. 478 to 489. 4. The word "trade," omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959). ---------------------------------------------------------------------- 208 479. Property mark. 1*479. Property mark.--A mark used for denoting that movable property belongs to a particular person is called a property mark. 480. [Repealed.] 480. [Using a false trade mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25- 11-1959). 481. Using a false property mark. 481. Using a false property mark.--Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. 482. Punishment for using a false property mark. 482. Punishment for using a false property mark.--Whoever uses 1***any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 483. Counterfeiting a property mark used by another. 483. Counterfeiting a property mark used by another.--Whoever counterfeits any 3****property mark used by 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. 484. Counterfeiting a mark used by a public servant. 484. Counterfeiting a mark used by a public servant.--Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to

fine. 485. Making or possession of any instrument for counterfeiting a property mark. 4*[485. Making or possession of any instrument for counterfeiting a property mark.-Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a proper mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.] 486. Selling goods marked with a counterfeit property mark. 486. Selling goods marked with a counterfeit property mark.-- 5*[Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves---------------------------------------------------------------------- 1. Ss. 147 to 489 were subs. by Act 4 of 1889, for the original sections. 2. The words "any false trade mark or" omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959). 3. The words "trade mark or" omitted by s. 135 and Sch., ibid. (w.e.f. 25-11-1959). 4. Subs. by s. 135 and Sch., ibid., for the former section (w.e.f 25-11-1959). 5. Subs. by s. 135 and Sch., ibid., for certain words (w.e.f. 25-11- 1959). ---------------------------------------------------------------------- 209 (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 487. Making a false mark upon any receptacle containing goods. 487. Making a false mark upon any receptacle containing goods.-- Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 488. Punishment for making use of any such false mark. 488. Punishment for making use of any such false mark.--Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section. 489. Tampering with property mark with intent to cause injury. 489. Tampering with property mark with intent to cause injury.-Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] 1*[Of currency-notes and bank-notes 489A. Counterfeiting currency-notes or bank-notes. 489A. Counterfeiting currency-notes or bank-notes.--Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine. Explanation.-For the purposes of this section and of sections 489B, 3*[489C, 489D and 489E], the expression "bank-note" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money. 489B. Using as genuine, forged or counterfeit currency-notes or bank-notes. 489B. Using as genuine, forged or counterfeit currency-notes or banknotes.--Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 2 *[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ---------------------------------------------------------------------- 1. Ss. 489A to 489D were ins. by Act 12 of 1899, s. 2 2. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 3. Subs. by Act 35 of 1950, s. 3 and Sch., II, for "489C and 489D". 210 489C. Possession of forged or counterfeit currency-notes or bank-note. 489C. Possession of forged or counterfeit currency-notes or bank- notes.-Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes. 489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes.--Whoever makes, or performs any part of the process of making, or buys of sells or disposes of, or has in his possession, any machinery, instrument of material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with 1 *[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.] 489E. Making or using documents resembling currency-notes or bank-notes. 2*[489E. Making or using documents resembling currency-notes or bank-notes.--(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees. (2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub- section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.] CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 490. 490. [Preach of contract of service during voyage or journey.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925),

s. 2 and Sch. 491. Breach of contract to attend on and supply wants of helpless person. 491. Breach of contract to attend on and supply wants of helpless person.--Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, 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 rupees, or with both. 492. 492. [Breach of contract to serve at distant place to which servant is conveyed at master's expense.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch. ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life". 2. S. 489E was ins. by Act 6 of 1943, s. 2. 211 CHAPTER XX OF OFFENCES RELATING TO MARRIAGE CHAPTER XX OF OFFENCES RELATING TO MARRIAGE 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.--Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 494. Marrying again during lifetime of husband or wife. 494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 496. Marriage ceremony fraudulently gone through without lawful marriage. 496. Marriage ceremony fraudulently gone through without lawful marriage.--Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 497. Adultery. 497. Adultery.--Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual

intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. 498. Enticing or taking away or detaining with criminal intent a married woman. 498. Enticing or taking away or detaining with criminal intent a married woman.-Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 1*[CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 498A. Husband or relative of husband of a woman subjecting her to cruelty. 498A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. ---------------------------------------------------------------------- 1. Chapter XXA inserted by Act 46 of 1983, s. 2. 212 Explanation.-For the purposes of this section, "cruelty" means(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] CHAPTER XXI OF DEFAMATION CHAPTER XXI OF DEFAMATION 499. Defamation. 499. Defamation.--Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives. Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.-An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful. Illustrations (a) A says-"Z is an honest man; he never stole B's watch", intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions. (b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions. (c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within

one of the exceptions. First Exception.-Imputation of truth which public good requires to be made or published.- It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. 213 Second Exception.Public conduct of public servants.-It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception.-Conduct of any person touching any public question. -It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever resepting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Fourth Exception.-Publication of reports of proceedings of courts- It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.-A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section. Fifth Exception.-Merits of case decided in Court or conduct of witnesses and others concerned. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations (a) A says-"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest." A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no farther. (b) But if A says-"I do not believe what Z asserted at that trial because I know him to be a man without veracity"; A is not within this exception, inasmuch as the opinion which expresses of Z's character, is an opinion not founded on Z's conduct as a witness. Sixth Exception.-Merits of public performance.-It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no farther. Explanation.-A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. 214 (d) A says of a book published by Z-"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind." A is within the exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further. (e) But if A says-"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a

libertine." A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book. Seventh Exception.-Censure passed in good faith by person having lawful authority over another.-It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier- are within this exception. Eighth Exception.-Accusation preferred in good faith to authorised person.-It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master;if A in good faith complains of the conduct of Z, a child, to Z's father-A is within this exception. Ninth Exception.Imputation made in good faith by person for protection of his or other's interests.-It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty." A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. Tenth Exception.-Caution intended for good of person to whom conveyed or for public good.- It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. 215 500. Punishment for defamation. 500. Punishment for defamation.--Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 501. Printing or engraving matter known to be defamatory. 501. Printing or engraving matter known to be defamatory.-- Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 502. Sale of printed or engraved substance containing defamatory matter. 502. Sale of printed or engraved substance containing defamatory matter.--Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 503. Criminal intimidation. 503. Criminal intimidation.--Whoever threatens another with any injury to his person, reputation or property, or to the person or

reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation. 504. Intentional insult with intent to provoke breach of the peace. 504. Intentional insult with intent to provoke breach of the peace.--Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 505. Statements conducing public mischief. 1*[505. Statements conducing public mischief.--2*[(1)] Whoever makes, publishes or circulates any statement, rumour or report,- (a) with intent to cause, or which is likely to cause, any officer, soldier, 3*[sailor or airman] in the Army, 4*[Navy or Air Force] 5*[of India] to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or ---------------------------------------------------------------------- 1. Subs. by Act 4 of 1898, s. 6, for the original section. 2. Renumbered by Act 35 of 1969, s. 3. 3. Subs. by Act 10 of 1927, s. 2 and Such. I, for "or sailor". 4. Subs. by s. 2 and Sch. i. ibid., for "or navy". 5. Subs. by the A.O. 1950, for "of Her Majesty or in the Imperial Service Troops". The words "or in the Royal Indian Marine" occurring after the word "Majesty" were rep. by Act 35 of 1934. 216 (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 1*[three years], or with fine, or with both. 2*[(2) Statements creating or promoting enmity, hatred or illwill between classes.--Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (3) Offence under sub-section (2) committed in place of worship, etc.-Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] Exception.-It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 2[in good faith and] without any such intent as aforesaid.] 506. Punishment for criminal intimidation. 506. Punishment for criminal intimidation.--Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. If threat be to

cause death or grievous hurt, etc.--and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3*[imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 507. Criminal intimidation by an anonymous communication. 507. Criminal intimidation by an anonymous communication.-- Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. 508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.--Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. ---------------------------------------------------------------------- 1. Subs. by Act 41 of 1961, s. 4, for "two years". 2. Ins. by Act 35 of 1969, s. 3. 3. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation". 217 Illustrations (a) A sits dhurna at Z's door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 509. Word, gesture or act intended to insult the modesty of a woman. 509. Word, gesture or act intended to insult the modesty of a woman.--Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, 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. 510. Misconduct in public by a drunken person. 510. Misconduct in public by a drunken person.--Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both. CHAPTER XXIII OF ATTEMPTS TO COMMIT OFFENCES CHAPTER XXIII OF ATTEMPTS TO COMMIT OFFENCES 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.--Whoever attempts to commit an offence punishable by this Code with 1*[imprisonment for life] or imprisonment, or to cause such an offence to be

committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 2*[imprisonment o f any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one- half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both. Illustrations (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket. A is guilty under this section. ---------------------------------------------------------------------1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation". 2. Subs. by s. 117 and Sch., ibid., for certain words. VOL. VIII-B 53 THE INDIAN SUCCESSION ACT, 1925 ACT No. 39 OF 1925 1* [30th September, 1925.] An Act to consolidate the law applicable to intestate and testamentary succession 2*; WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession 2*; It is hereby enacted as follows:-- PART I PRELIMINARY PART I PRELIMINARY 1. Short title. 1. Short title.-This Act may be called the Indian Succession Act, 1925. 2. Definitions. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-- (a) "administrator" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor; (b) "codicil" means an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will; 3*[(bb) "District Judge" means the Judge of a principal Civil Court of original jurisdiction;] (c) "executor" means a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided; 4*[(cc) "India" means the territory of India excluding the State of Jammu and Kashmir;] (d) "Indian Christian" means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion; (e) "minor" means any person subject to the Indian Majority Act, 1875 (9 of 1875.), who has not attained his majority within the ---------------------------------------------------------------------- 1 The Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to Manipur by the Union Territories (Laws) Amendment Act, 1956 (68 of 1956). Extended to and brought into forco in Dadra and Nagar Haveli (w.e.f. 1.7.65) b Reg. 6 of 1963, s. 2 & Sch. I. 2 The words "in the Provinces of India" omitted by the A. O. 1950. 3 Ins. by Act 18 of 1929, s. 2. 4 Ins. by Act 3 of 1951, s. 3 and Sch. ---------------------------------------------------------------------- 54 meaning of that Act, and any other person who has not completed the age of eighteen years; and "minority" means the status of any such person; (f) "probate" means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator; 1*[(g) "State" includes any division of India having a Court of the last resort;] and (h) "will" means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. 3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act. 3. Power

of State Government to exempt any race, sect or tribe in the State from operation of Act.(1) The State Government may, by notification in the Official Gazette, either retrospectively from the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following provisions of this Act, namely, sections 5 to 49, 58 to 191, 212, 213 and 215 to 369, the members of any race, sect or tribe in the State, or of any part of such race, sect or tribe, to whom the State Government considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order. (2) The State Government may, by a like notification, revoke any such order, but not so that the revocation shall have retrospective effect. (3) Persons exempted under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 1865 2* (10 of 1865.), under section 332 of that Act are in this Act referred to as "exempted persons". PART II OF DOMICILE PART II OF DOMICILE 4. Application of Part. 4. Application of Part.-This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. 5. Law regulating succession to deceased person's immoveable and moveable property, respectively. 5. Law regulating succession to deceased person's immoveable and moveable property, respectively.-(1) Succession to the immoveable property in 3*[India] of a person deceased shall be regulated by the law of 3*[India], wherever such person may have had his domicile at the time of his death. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for the original cl. 2 Rep. by this Act. 3 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 55 (2) Succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations (i) A, having his domicile in 1*[India], dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in 1*[India]. The succession to the whole is regulated by the law of 1*[India]. (ii) A, an Englishman, having his domicile in France, dies in 1*[India], and leaves property, both moveable and immoveable, in 1*[India]. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the immoveable property is regulated by the law of 1*[India]. 6. One domicile only affects succession to moveables. 6. One domicile only affects succession to moveables.-A person can have only one domicile for the purpose of the succession to his moveable property. 7. Domicile of origin of person of legitimate birth. 7. Domicile of origin of person of legitimate birth.-The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death. Illustration At the time of the birth of A, his father was domiciled in England. A's domicile of origin is in England, whatever may be the country in which he was born. 8. Domicile of origin of illegitimate child. 8. Domicile of origin of illegitimate child.-The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled. 9. Continuance of domicile of origin. 9. Continuance of domicile of origin.-The domicile of origin prevails until a new domicile has been acquired. 10. Acquisition of new domicile. 10. Acquisition of new domicile.-A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin. Explanation.--A man is not to be deemed to have taken up

his fixed habitation in 1*[India] merely by reason of his residing there in 2*[the civil, military, naval or air force service of Government], or in the exercise of any profession or calling. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2 Subs. by the A. O. 1950, for "His Majesty's civil, military, naval or air force service". --------------------------------------------------------------------- 56 Illustrations (i) A, whose domicile of origin is in England, proceeds to 1*[India], where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. His domicile is now in 1*[India]. (ii) A, whose domicile is in England, goes to Austria, and enters the Austrian service, intending to remain in that service. A has acquired a domicile in Austria. (iii) A, whose domicile of origin is in France, comes to reside in 1*[India] under an engagement with the Central Government for a certain number of years. It is his intention to return to France, at the end of that period. He does not acquire a domicile in 1*[India]. (iv) A, whose domicile is in England, goes to reside in 1*[India] for the purpose of winding up the affairs of a partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is accomplished. He does not by such residence acquire a domicile in 1*[India], however long the residence may last. (v) A, having gone to reside in 1*[India] in the circumstances mentioned in the last preceding illustration, afterwards alters his intention, and takes up his fixed habitation in 1*[India]. A has acquired a domicile in 1*[India]. (vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by political events to take refuge in Calcutta, and resides in Calcutta for many years in the hope of such political changes as may enable him to return with safety to Chandernagore. He does not by such residence acquire a domicile in 1*[India]. (vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside there after such political changes have occurred as would enable him to return with safety to Chandernagore, and he intends that his residence in Calcutta shall be permanent. A has acquired a domicile in 1*[India]. 11. Special mode of acquiring domicile in India. 11. Special mode of acquiring domicile in India.-Any person may acquire a domicile in 1*[India] by making and depositing in some office in 1*[India], appointed in this behalf by the State Government, a declaration in writing under his hand of his desire to acquire such domicile; provided that he has been resident in 1*[India] for one year immediately preceding the time of his making such declaration. 12. Domicile not acquired by residence as representative of foreign Government, or as part of his family. 12. Domicile not acquired by residence as representative of foreign Government or as part of his family.-A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 57 13. Continuance of new domicile. 13. Continuance of new domicile.-A new domicile continues until the former domicile has been resumed or another has been acquired. 14. Minor's domicile. 14. Minor's domicile.-The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin. Exception.--The domicile of a minor does not change

with that of his parent, if the minor is married, or holds any office or employment in the service of Government, or has set up, with the consent of the parent, in any distinct business. 15. Domicile acquired by woman on marriage. 15. Domicile acquired by woman on marriage.-By marriage a woman acquires the domicile of her husband, if she had not the same domicile before. 16. Wife's domicile during marriage. 16. Wife's domicile during marriage.-A wife's domicile during her marriage follows the domicile of her husband. Exception.--The wife's domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation. 17. Minor's acquisition of new domicile. 17. Minor's acquisition of new domicile.-Save as hereinbefore otherwise provided in this Part, person cannot, during minority, acquire a new domicile. 18. Lunatic's acquisition of new domicile. 18. Lunatic's acquisition of new domicile.-An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person. 19. Succession to moveable property in India in absence of proof of domicile elsewhere. 19. Succession to moveable property in India in absence of proof of domicile elsewhere.-If a person dies leaving moveable property in 1*[India], in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of 1*[India]. PART III MARRIAGE PART III MARRIAGE 20. Interests and powers not acquired not lost by marriage. 20. Interests and powers not acquired nor lost by marriage.-(1) No person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 58 (2) This section-- (a) shall not apply to any marriage contracted before the first day of January, 1866; (b) shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion. 21. Effect of marriage between person domiciled and one not domiciled in India. 21. Effect of marriage between person domiciled and one not domiciled in India.-If a person whose domicile is in 1*[India] marries in 1*[India] a person whose domicile is in 1*[India], neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in 1*[India] at the time of the marriage. 22. Settlement of minor's property in contemplation of marriage. 22. Settlement of minor's property in contemplation of marriage.- (1) The property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from 1*[India], with the approbation of the High Court. (2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. PART IV OF CONSANGUINITY PART IV OF CONSANGUINITY 23. Application of Part. 23. Application of Part.-Nothing in this Part shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi. 24. Kindred or consanguinity. 24. Kindred or consanguinity.-Kindred or consanguinity is the

connection or relation of persons descended from the same stock or common ancestor. 25. Lineal consanguinity. 25. Lineal consanguinity.-(1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 59 his son, grandson, great-grandson and so downwards in the direct descending line. (2) Every generation constitutes a degree, either ascending or descending. (3) A person's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on. 26. Collateral consanguinity. 26. Collateral consanguinity.-(1) Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. (2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending. 27. Persons held for purpose of succession to be similarly related to deceased. 27. Persons held for purpose of succession to be similarly related to deceased.-For the purpose of succession, there is no distinction-- (a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c) between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. 28. Mode of computing of degrees of kindred. 28. Mode of computing of degrees of kindred.-Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. Illustrations (i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrees. (ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal degree, being each four degrees removed. 60 (iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred. PART V INTESTATE SUCCESSION PART V INTESTATE SUCCESSION CHAPTER I Preliminary CHAPTER I Preliminary 29. Application of Part. 29. Application of Part.-(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of 1*[India] in all cases of intestacy. 30. As to what property deceased considered to have died intestate. 30. As to what property deceased considered to have died intestate.-A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B

his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. (iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property. (iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leaving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 rupees. CHAPTER II Rules in cases of Intestates other than Parsis CHAPTER II Rules in cases of Intestates other than Parsis 31. Chapter not to apply to Parsis. 31. Chapter not to apply to Parsis.-Nothing in this Chapter shall apply to Parsis. 32. Devolution of such property. 32. Devolution of such property.-The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. Explanation.--A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 61 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.-Where the intestate has left a widow-- (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1*[save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. 33A. Special provision where intestate has left widow and no lineal descendants. 2*[33A. Special provision where intestate has left widow and no lineal descendants.-(1) Where the intestate has left a widow but no lineal descendants and the nett value of his property does not exceed five thousand rupees, the whole of his property shall belong to the widow. (2) Where the nett value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent. per annum until payment. (3) The provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestate's property. (4) The nett value of the property shall be ascertained by deducting from the gross value thereof all debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and charges to which the property shall be subject. (5) This section shall not apply-- (a) to the property of-- (i) any Indian Christian, --------------------------------------------------------------------- 1 Ins. by Act 40 of 1926, s. 2. 2 Ins. by s. 3, ibid. --------------------------------------------------------------------- 62 (ii) any child or grandchild of any male person who is or was at the time of his death an Indian

Christian, or (iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872.), regulated by the provisions of this Act; (b) unless the deceased dies intestate in respect of all his property.] 34. Where intestate has left no widow, and where he has left no kindred. 34. Where intestate has left no widow, and where he has left no kindred.Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government. 35. Rights of widower. 35. Rights of widower.-A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband's property, if he dies intestate. Distribution where there are lineal descendants 36. Rules of distribution. 36. Rules of distribution.-The rules for the distribution of the intestate's property (after deducting the widow's share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40. 37. Where intestate has left child or children only. 37. Where intestate has left child or children only.-Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children. 38. Where intestate has left no child, but grandchild or grandchildren. 38. Where intestate has left no child, but grandchild or grandchildren.-Where the intestate has not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or shall be equally divided among all his surviving grandchildren. Illustrations (i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and 63 no descendant of any deceased grandchild. Each of his grandchildren will have one-ninth. (ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five grandchildren, the children of John and Mary. 39. Where intestate has left only greatgrandchildren or remoter lineal descendants. 39. Where intestate has left only greatgrandchildren or remoter lineal descendants.-In like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of great-grandchildren to him, or are all in a more remote degree. 40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead. 40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead.-(1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him. (2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal

descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate. Illustrations (i) A had three children, John, Mary and Henry; John died, leaving four children, and Mary died, leaving one, and Henry alone survived the father. On the death of A, intestate, onethird is allotted to Henry, one-third to John's four children, and the remaining third to Mary's one child. (ii) A left no child, but left eight grandchildren, and two children of a deceased grandchild. The property is divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided between the two greatgrandchildren. (iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John's children dies leaving two children. Mary dies leaving one child. A afterwards dies intestate. One-third of his property is allotted to Henry, one-third to Mary's child, and one-third is divided into four parts, one of which is allotted to each of John's three surviving children, and the remaining part is equally divided between John's two grandchildren. 64 (iv) A has two children, and no more, John and Mary. John dies before his father, leaving his wife pregnant. Then A dies leaving Mary surviving him, and in due time a child of John is born. A's property is to be equally divided between Mary and the posthumous child. Distribution where there are no lineal descendants 41. Rules of distribution where intestate has left no lineal descendants. 41. Rules of distribution where intestate has left no lineal descendants.-Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow's share, if he has left a widow) shall be those contained in sections 42 to 48. 42. Where intestate's father living. 42. Where intestate's father living.-If the intestate's father is living, he shall succeed to the property. 43. Where intestate's father dead, but his mother, brothers and sisters living. 43. Where intestate's father dead, but his mother, brothers and sisters living.-If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. Illustration A dies intestate, survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth. 44. Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living. 44. Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.-If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each takes one-fifth, the child of Mary takes one-fifth, and the two children of George divide the

remaining one-fifth equally between them. 45. Where intestate's father dead and his mother and children of any deceased brother or sister living. 45. Where intestate's father dead and his mother and children of any deceased brother or sister living.-If the intestate's father is dead, but the intestate's mother is living, and the brothers and sisters are all dead, but all or any of them 65 have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves no brother or sister but leaves his mother and one child of a deceased sister, Mary, and two children of a deceased brother, George. The mother takes one-third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between them. 46. Where intestate's father dead, but his mother living and no brother, sister, nephew or niece. 46. Where intestate's father dead, but his mother living and no brother, sister, nephew or niece.-If the intestate's father is dead, but the intestate's mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. 47. Where intestate has left neither lineal descendant, nor father, nor mother. 47. Where intestate has left neither lineal descendant, nor father, nor mother.-Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.-Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations (i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. (ii) A, the intestate, has left a great-grandfather, or a great- grandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iii) A, the intestate, left a greatgrandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares. 66 (iv) Ten children of one brother or sister of the intestate, and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one-eleventh of the property. 49. Children's advancements not brought into hotchpot. 49. Children's advancements not brought into hotchpot.-Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share. CHAPTER III Special Rules for Parsi Intestates CHAPTER III Special Rules for Parsi Intestates 50. General principles relating to intestate succession. 1*[50. General principles relating to intestate succession.-For the purpose of intestate

succession among Parsis-- (a) there is no distinction between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive; (b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or 2*[a widow or widower of any lineal descendant] shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and (c) where a 2*[widow or widower of any relative] of an intestate has married again in the lifetime of the intestate, 2*[such widow or widower shall not be entitled to receive any share of the property of which the intestate has died intestate, and 2*[such widow or widower] shall be deemed not to be existing at the intestate's death. 51. Division of intestate's property among widow, widower, children and parents. 3*["51. Division of intestate's property among widow, widower, children and parents.-(1) Subject to the provisions of subsection (2), the property of which a Parsi dies intestate shall be divided,-- (a) where such Parsi dies leaving a widow or widower and children, among the widow or widower, and children so that the widow or widower and each child receive equal shares; (b) where such Parsi dies leaving children, but no widow or widower, among the children in equal shares. (2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child."]. --------------------------------------------------------------------- 1 Subs. by Act 17 of 1939, s. 2, for the original ss. 50-56 (w.e.f. 12-6-1939). 2 Subs. by Act 51 of 1991, s. 2. 3 Subs. by s. 3, ibid. --------------------------------------------------------------------67 53. Division of share of predeceased child of intestate leaving lineal descendants. 53. Division of share of predeceased child of intestate leaving lineal descendants.-In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely:-- (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. (b) If such deceased child was a daughter, her share shall be divided equally among her children. (c) If any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate's death, shall be divided in like manner in accordance with clause (a) or clause (b) as the case may be. 68 (d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death by reason of the pre decease of all the intestate's lineal descendants directly between him or her and the intestate. 54. Division of property where intestate leaves no lineal descendant out leaves a widow or widower or a widow or widower of any lineal descendant. 1*["54. Division of property where intestate leaves no

lineal descendant out leaves a widow or widower or widow or widower of any lineal descendant.-Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely:-- (a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower shall take half the said property; (b) if the intestate leaves a widow or widower and also a widow or widower of any lineal descendant, his widow or her widower shall receive one-third of the said property and the widow or widower of any lineal descendant shall receive another one-third or if there is more than one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them; (c) if the intestate leaves no widow or widower, but one widow or widower of a lineal descendant, such widow or widower of the lineal descendant shall receive one-third of the said property or, if the intestate leaves no widow or widower but more than one widow or widower of lineal descendants, two-thirds of the said property shall be divided among such widows or widower of the lineal descendants in equal shares; (d) the residue after the division specified in clause (a) or clause (b) or clause (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II; and the next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second, the second to the third and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares; (e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section."] ---------------------------------------------------------------------- 1 Subs. by Act 51 of 1991, s. 4. ---------------------------------------------------------------------- 69 55. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant. 55. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant.-When a Parsi dies leaving neither lineal descendants nor a widow or widower nor 1*["a widow or widower of any lineal descendant"] his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that 1*["each male and female standing in the same degree of propinquity shall receive equal shares"]. 56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter. 56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.-Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him.] PART VI TESTAMENTARY SUCCESSION PART VI TESTAMENTARY SUCCESSION CHAPTER I Introductory CHAPTER I Introductory 57. Application of certain provisions of Part to a class of wills made by Hindus, etc. 2*57. Application of certain provisions of Part to a class of wills made by Hindus, etc.The provisions of this Part which are set out in Schedule III shall, subject to the

restrictions and modifications specified therein, apply-- (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and (b) to all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits; 3*[and --------------------------------------------------------------------- 1 Subs. by Act 51 of 1991, s. 5. 2 S. 57 was re-numbered as sub-section (1) of that section and sub- section (2) added by Act 37 of 1926, s. 2; subsequently sub-section (2) was omitted and sub-section (1) was re-numbered as s. 57 by Act 18 of 1929, s. 3. 3 The word "and" and cl. (c) added by Act 18 of 1929, s. 3. --------------------------------------------------------------------- 70 (c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):] Provided that marriage shall not revoke any such will or codicil. 58. General application of Part. 58. General application of Part.-(1) The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866. (2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions of this Part shall constitute the law of 1*[India] applicable to all cases of testamentary succession. CHAPTER II Of Wills and Codicils CHAPTER II Of Wills and Codicils 59. Person capable of making wills. 59. Person capable of making wills.-Every person of sound mind not being a minor may dispose of his property by will. Explanation 1.--A married woman may dispose by will of any property which she could alienate by her own act during her life. Explanation 2.--Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it. Explanation 3.--A person who is ordinarily insane may make a will during interval in which he is of sound mind. Explanation 4.--No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. Illustrations (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his will. A cannot make a valid will. (ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid will. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 71 (iii) A, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will. This is a valid will. 60. Testamentary guardian. 60. Testamentary guardian.-A father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority. 61. Will obtained by fraud, coercion or importunity. 61. Will obtained by fraud, coercion or importunity.-A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations (i) A, falsely and

knowingly represents to the testator, that the testator's only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's favour; such will has been obtained by fraud, and is invalid. (ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void. (iii) A, being a prisoner by lawful authority, makes his will. The will is not invalid by reason of the imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a will, dictated by B. It appears that he would not have executed the will but for fear of B. The will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of a certain purport and does so merely to purchase peace and in submission to B. The will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his will in the manner recommended by B. The will is not rendered invalid by the intercession and persuasion of B. (viii) A, with a view to obtaining a legacy from B, pays him attention and flatters him and thereby produces in him a capricious partiality to A. B, in consequence of such attention and flattery, makes his will, by which he leaves a legacy to A. The bequest is not rendered invalid by the attention and flattery of A. 62. Will may be revoked or altered. 62. Will may be revoked or altered.-A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. 72 CHAPTER III Of the Execution of unprivileged Wills CHAPTER III Of the Execution of unprivileged Wills 63. Execution of unprivileged wills. 63. Execution of unprivileged wills.-Every testator, not being a soldier employed in an expedition or engaged in actual warfare, 1*[or an airman so employed or engaged,] or a mariner at sea, shall execute his will according to the following rules:-- (a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. (b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. (c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary. 64. Incorporation of papers by reference. 64. Incorporation of papers by reference.-If a testator, in a will or codicil duly attested, refers to any other document then actually written as expressing any part of his intentions, such document shall be deemed to form a part of the will or codicil in which it is referred to. CHAPTER IV Of privileged Wills CHAPTER IV Of privileged Wills 65. Privileged wills. 65. Privileged wills.-Any soldier being employed in an expedition or engaged in actual warfare, 1*[or an airman so employed or engaged,] or any mariner

being at sea, may, if he has completed the age of eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills are called privileged wills. --------------------------------------------------------------------- 1 Ins. by Act 10 of 1927, s. 2 and Sch. I. --------------------------------------------------------------------- 73 Illustrations (i) A, a medical officer attached to a regiment is actually employed in an expedition. He is a soldier actually employed in an expedition, and can make a privileged will. (ii) A is at sea in a merchant-ship, of which he is the purser. He is a mariner, and, being at sea, can make a privileged will. (iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He is, for the purposes of this section, a mariner at sea, and can make a privileged will. (v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privileged will. (vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will. 66. Mode of making, and rules for executing, privileged wills. 66. Mode of making, and rules for executing, privileged wills.- (1) Privileged wills may be in writing, or may be made by word of mouth. (2) The execution of privileged wills shall be governed by the following rules:-- (a) The will may be written wholly by the testator, with his own hand. In such case it need not be signed or attested. (b) It may be written wholly or in part by another person, and signed by the testator. In such case it need not be attested. (c) If the instrument purporting to be a will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the testator's directions or that he recognised it as his will. (d) If it appears on the face of the instrument that the execution of it in the manner intended by the testator was not completed, the instrument shall not, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. (e) If the soldier, 1*[airman] or mariner has written instructions for the preparation of his will, but has died before it could be prepared and executed, such instructions shall be considered to constitute his will. --------------------------------------------------------------------- 1 Ins. by Act 10 of 1927, s. 2 and Sch. I. --------------------------------------------------------------------- 74 (f) If the soldier, 1*[airman] or mariner has, in the presence of two witnesses, given verbal instructions for the preparation of his will, and they have been reduced into writing in his lifetime, but he has died before the instrument could be prepared and executed, such instructions shall be considered to constitute his will, although they may not have been reduced into writing in his presence, nor read over to him. (g) The soldier, 1*[airman] or mariner may make a will by word of mouth by declaring his intentions before two witnesses present at the same time. (h) A will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will. CHAPTER V Of the Attestation, Revocation, Alteration and Revival of Wills CHAPTER V Of the Attestation, Revocation, Alteration and Revival of Wills 67. Effect of gift to attesting witness. 67. Effect of gift to attesting witness.-A will shall not be deemed to be insufficiently attested by reason of any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband; but the bequest or appointment shall be void so far as concerns the person so attesting, or the

wife or husband of such person, or any person claiming under either of them. Explanation.--A legatee under a will does not lose his legacy by attesting a codicil which confirms the will. 68. Witness not disqualified by interest or by being executor. 68. Witness not disqualified by interest or by being executor.-No person, by reason of interest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof. 69. Revocation of will by testator's marriage. 69. Revocation of will by testator's marriage.Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Explanation.--Where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property. --------------------------------------------------------------------- 1 Ins. by Act 10 of 1927, s. 2 and Sch. I. 75 70. Revocation of unprivileged will or codicil. 70. Revocation of unprivileged will or codicil.-No unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. Illustrations (i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which purports to revoke the first. This is a revocation. (ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will, makes a privileged will, which purports to revoke his unprivileged will. This is a revocation. 71. Effect of obliteration, interlineation or alteration in unprivileged will. 71. Effect of obliteration, interlineation or alteration in unprivileged will.-No obliteration, interlineation or other alteration made in any unprivileged will after the execution thereof shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless such alteration has been executed in like manner as hereinbefore is required for the execution of the will: Provided that the will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will. 72. Revocation of privileged will or codicil. 72. Revocation of privileged will or codicil.-A privileged will or codicil may be revoked by the testator by an unprivileged will or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.--In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will. 73. Revival of unprivileged will. 73. Revival of unprivileged will.-(1) No unprivileged will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise 76 than by the

re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the will or codicil. CHAPTER VI Of the construction of Wills CHAPTER VI Of the construction of Wills 74. Wording of will. 74. Wording of will.-It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom. 75. Inquiries to determine questions as to object or subject of will. 75. Inquiries to determine questions as to object or subject of will.-For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. Illustrations (i) A, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild, or to his cousin, Mary. A Court may make inquiry in order to ascertain to what person the description in the will applies. (ii) A, by his will, leaves to B "my estate called Black Acre". It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. 76. Misnomer or misdescription of object. 76. Misnomer or misdescription of object.-(1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. 77 Illustrations (i) A bequeaths a legacy to "Thomas, the second son of my brother John". The testator has an only brother named John, who has no son named Thomas, but has a second son whose name is William. William will have the legacy. (ii) A bequeaths a legacy "to Thomas, the second son of my brother John". The testator has an only brother, named John, whose first son is named Thomas and whose second son is named William. Thomas will have the legacy. (iii) The testator bequeaths his property "to A and B, the legitimate children of C". C has no legitimate child, but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. (iv) The testator gives his residuary estate to be divided among "my seven children" and, proceeding to enumerate them, mentions six names only. This omission will not prevent the seventh child from taking a share with the others. (v) The testator, having six grandchildren, makes a bequest to "my six grandchildren" and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others. (vi) The testator bequeaths "1,000 rupees to each of the three children of A". At the date of the will A has four children. Each of these four children will, if he survives the testator, receive a legacy of 1,000 rupees. 77. When words may be supplied. 77. When words may be supplied.-Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. Illustration The testator gives a legacy of "five

hundred" to his daughter A and a legacy of "five hundred rupees" to his daughter B. A will take a legacy of five hundred rupees. 78. Rejection of erroneous particulars in description of subject. 78. Rejection of erroneous particulars in description of subject.- If the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect. Illustrations (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L but had no marsh-lands in the occupation of X. The words "in the occupation of X" shall be rejected as erroneous, and the marsh-lands of the testator lying in L will pass by the bequest. (ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest. 78 79. When part of description may not be rejected as erroneous. 79. When part of description may not be rejected as erroneous.-If a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply. Explanation.--In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. Illustrations (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X. The bequest will be considered as limited to such of the testator's marsh-lands lying in L as were in the occupati on of X. (ii) A bequeaths to B "my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands". The testator had marsh-lands lying in L some of which were in the occupation of X and some not in the occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest. 80. Extrinsic evidence admissible in cases of patent ambiguity. 80. Extrinsic evidence admissible in cases of patent ambiguity.- Where the words of a will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. Illustrations (i) A man, having two cousins of the name of Mary, bequeaths a sum of money to "my cousin Mary". It appears that there are two persons, each answering the description in the will. That description, therefore, admits of two applications, only one of which can have been intended by the testator. Evidence is admissible to show which of the two applications was intended. (ii) A, by his will, leaves to B "my estate called Sultanpur Khurd". It turns out that he had two estates called Sultanpur Khurd. Evidence is admissible to show which estate was intended. 81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency. 81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.-Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted. 79 Illustrations (i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his will he

bequeaths 1,000 rupees to "my aunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwards bequeaths 2,000 rupees to "my before-mentioned aunt, Mary". There is no person to whom the description given in the will can apply, and evidence is not admissible to show who was meant by "my before- mentioned aunt, Mary". The bequest is therefore void for uncertainty under section 89. (ii) A bequeaths 1,000 rupees to leaving a blank for the name of the legatee. Evidence is not admissible to show what name the testator intended to insert. (iii) A bequeaths to B rupees, or "my estate of ". Evidence is not admissible to show what sum or what estate the testator intended to insert. 82. Meaning of clause to be collected from entire will. 82. Meaning of clause to be collected from entire will.-The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. Illustrations (i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted sense the words in which he describes what he gives to A. (ii) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of the first as if he had said "I give Black Acre to B, and all the rest of my estate to A". 83. When words may be understood in restricted sense, and when in sense wider than usual. 83. When words may be understood in restricted sense, and when in sense wider than usual.-General words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in such wider sense. Illustrations (i) A testator gives to A "my farm in the occupation of B," and to C "all my marsh-lands in L". Part of the farm in the occupation of B consists of marsh-lands in L, and the testator also has other marsh- lands in L. The general words, "all my marsh-lands in L," are restricted by the gift to A. A takes the whole of the farm in the occupation of B, including that portion of the farm which consists of marsh-lands in L. 80 (ii) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, A (a shipmate), his red box, clasp-knife and all things not before bequeathed. The testator's share in a house does not pass to A under this bequest. (iii) A, by his will, bequeathed to B all his household furniture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest B is entitled only to such articles of the testator's as are of the same nature with the articles therein enumerated. 84. Which of two possible constructions preferred. 84. Which of two possible constructions preferred.-Where a clause is susceptible of two meanings according to one of which it has some effect, and according to the other of which it can have none, the former shall be preferred. 85. No part rejected, if can be it reasonably construed. 85. No part rejected, if can be it reasonably construed.-No part of a will shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it. 86. Interpretation of words repeated in different parts of will. 86. Interpretation of words repeated in different parts of will.- If the same words occur in different parts of the same will, they shall be taken to have been used everywhere in the

same sense, unless a contrary intention appears. 87. Testator's intention to be effectuated as far as possible. 87. Testator's intention to be effectuated as far as possible.- The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. Illustration The testator by a will made on his death-bed bequeathed all his property to C. D. for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C. D. 88. The last of two inconsistent clauses prevails. 88. The last of two inconsistent clauses prevails.-Where two clauses of gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of Ramnagar "to A," and by the last clause of his will leaves it "to B and not to A". B will have it. (ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail. 81 89. Will or bequest void for uncertainty. 89. Will or bequest void for uncertainty.-A will or bequest not expressive of any definite intention is void for uncertainty. Illustration If a testator says "I bequeath goods to A," or "I bequeath to A," or "I leave to A all the goods mentioned in the Schedule" and no Schedule is found, or "I bequeath "money,' 'wheat,' 'oil,'" or the like, without saying how much, this is void. 90. Words describing subject refer to property answering description at testator's death. 90. Words describing subject refer to property answering description at testator's death.-The description contained in a will will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator. 91. Power of appointment executed by general bequest. 91. Power of appointment executed by general bequest.-Unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power; and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power. 92. Implied gift to objects of power in default of appointment. 92. Implied gift to objects of power in default of appointment.- Where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects in such proportions as a specified person may appoint, and the will does not provide for the event of no appointment being made; if the power given by the will is not exercised, the property belongs to all the objects of the power in equal shares. Illustration A, by his will, bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among his children in such proportions as she shall appoint. The widow dies without having made any appointment. The fund will be divided equally among the children. 93. Bequest to "heirs," etc., of particular person without qualifying terms. 93. Bequest to "heirs," etc., of particular person without qualifying terms.-Where a bequest is made to the "heirs" or "right heirs" or "relations" or "nearest relations" or "family" cr "kindred" or "nearest of kin" or "next-of-kin" of a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be 82 distributed as if it had belonged to such person and he

had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. Illustrations (i) A leaves his property "to my own nearest relations". The property goes to those who would be entitled to it if A had died intestate, leaving assets for the payment of his debts independently of such property. (ii) A bequeaths 10,000 rupees "to B for his life, and, after the death of B, to my own right heirs". The legacy after B's death belongs to those who would be entitled to it if it had formed part of A's unbequeathed property. (iii) A leaves his property to B; but if B dies before him, to B's next-of-kin; B dies before A; the property devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of his debts independently of such property. (iv) A leaves 10,000 rupees "to B for his life, and after his decease to the heirs of C". The legacy goes as if it had belonged to C, and he had died intestate, leaving assets for the payment of his debts independently of the legacy. 94. Bequest to "representatives," etc., of particular person. 94. Bequest to "representatives," etc., of particular person.- Where a bequest is made to the "representatives" or "legal representatives" or "personal representatives" or "executors or administrators" of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it. Illustration A bequest is made to the "legal representatives" of A. A has died intestate and insolvent. B is his administrator. B is entitled to receive the legacy, and will apply it in the first place to the discharge of such part of A's debts as may remain unpaid: if there be any surplus B will pay it to those persons who at A's death would have been entitled to receive any property of A's which might remain after payment of his debts, or to the representatives of such persons. 95. Bequest without words of limitation. 95. Bequest without words of limitation.-Where property is bequeathed to any person, he is entitled to the whole interest of the testator therein, unless it appears from the will that only a restricted interest was intended for him. 96. Bequest in alternative. 96. Bequest in alternative.-Where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. 83 Illustrations (i) A bequest is made to A or to B. A survives the testator. B takes nothing. (ii) A bequest is made to A or to B. A dies after the date of the will, and before the testator. The legacy goes to B. (iii) A bequest is made to A or to B. A is dead at the date of the will. The legacy goes to B. (iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely. (v) Property is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect. (vi) Property is bequeathed to A for life, and after his death to B or his heirs. A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect. (vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect. 97. Effect of words describing a class added to bequest to person. 97. Effect of words describing a class added to bequest to person.-Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator

therein, unless a contrary intention appears by the will. Illustrations (i) A bequest is made-- to A and his children, to A and his children by his present wife, to A and his heirs, to A and the heirs of his body, to A and the heirs male of his body, to A and the heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, tp A and his personal representatives, to A, his executors and administrators. In each of these cases, A takes the whole interest which the testator had in the property. (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A. 84 98. Bequest to class of persons under general description only. 98. Bequest to class of persons under general description only.- Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy. 99. Construction of terms. 99. Construction of terms.-In a will-- (a) the word "children" applies only to lineal descendants in the first degree of the person whose "children" are spoken of; (b) the word "grandchildren" applies only to lineal descendants in the second degree of the person whose "grandchildren" are spoken of; (c) the words "nephews" and "nieces" apply only to children of brothers or sisters; (d) the words "cousins", or "first cousins", or "cousins german," apply only to children of brothers or of sisters of the father or mother of the person whose "cousins," or "first cousins," or "cousins-german," are spoken of; (e) the words "first cousins once removed" apply only to children of cousins-german, or to cousins-german of a parent of the person whose "first cousins once removed" are spoken of; (f) the words "second cousins" apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose "second cousins" are spoken of; (g) the words "issue" and "descendants" apply to all lineal descendants whatever of the person whose "issue" or "descendants" are spoken of; (h) words expressive of collateral relationship apply alike to relatives of full and of half blood; and (i) all words expressive of relationship apply to a child in the womb who is afterwards born alive. 100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate. 100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.-In the absence of any intimation to the contrary in a will, the word "child," the word "son," the word "daughter," or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. 85 Illustrations (i) A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among "my children". The property belongs to B and C in equal shares, to the exclusion of D. (ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece, and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy. (iii) A, having in his will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to "my said children". B will take a share in the legacy along with the legitimate children. (iv) A leaves a legacy to "the children of B". B is dead and has left none but illegitimate children. All those who had at the date of the will acquired the reputation of being the children of B are objects of the gift. (v) A bequeaths a legacy to "the children of B". B never had any legitimate child. C and D had,

at the date of the will, acquired the reputation of being children of B. After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void. 101. Rules of construction where will purports to make two bequests to same person. 101. Rules of construction where will purports to make two bequests to same person.-Where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to be put upon the will:-- (a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the 86 other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation.--In clauses (a) to (d) of this section, the word "will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his will, which contains near its commencement the words "I bequeath my ten shares in the Imperial Bank of India to B". After other bequests, the will concludes with the words "and I bequeath my ten shares in the Imperial Bank of India to B". B is entitled simply to receive A's ten shares in the Imperial Bank of India. (ii) A, having one diamond ring, which was given him by B, bequeaths to C the diamond ring which was given by B. A afterwards made a codicil to his will, and thereby, after giving other leagacies, he bequeathed to C the diamond ring which was given him by B. C can claim nothing except the diamond ring which was given to A by B. (iii) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will repeats the bequest in the same words. B is entitled to one legacy of 5,000 rupees only. (iv) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will bequeaths to B the sum of 6,000 rupees. B is entitled to receive 11,000 rupees. (v) A, by his will, bequeaths to B 5,000 rupees and by a codicil to the will he bequeaths to him 5,000 rupees. B is entitled to receive 10,000 rupees. (vi) A, by one codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him, 6,000 rupees. B is entitled to receive 11,000 rupees. (vii) A, by his will, bequeaths "500 rupees to B because she was my nurse", and in another part of the will bequeaths 500 rupees to B "because she went to England with my children". B is entitled to receive 1,000 rupees. (viii) A, by his will, bequeaths to B the sum of 5,000 rupees and also, in another part of the will, an annuity of 400 rupees. B is entitled to both legacies. (ix) A, by his will, bequeaths to B the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 rupees, and takes a contingent interest in another sum of 5,000 rupees. 102.

Constitution of residuary legatee. 102. Constitution of residuary legatee.-A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. Illustrations (i) A makes her will, consisting of several testamentary papers, in one of which are contained the following words :--"I think there will be something left, after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to." B is constituted residuary legatee. 87 (ii) A makes his will, with the following passage at the end of it:--"I believe there will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure." B is constituted the residuary legatee. (iii) A bequeaths all his property to B, except certain stocks and funds, which he bequeaths to C. B is the residuary legatee. 103. Property to which residuary legatee entitled. 103. Property to which residuary legatee entitled.-Under a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which is capable of taking effect. Illustration A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death of the legatee. He bequeaths the residue of his property to B. After the date of his will A purchases a zamindari, which belongs to him at the time of his death. B is entitled to the two legacies and the zamindari as part of the residue. 104. Time of vesting legacy in general terms. 104. Time of vesting legacy in general terms.-If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and, if he dies without having received it, it shall pass to his representatives. 105. In what case legacy lapses. 105. In what case legacy lapses.-(1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator's property, unless it appears by the will that the testator intended that it should go to some other person. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. Illustrations (i) The testator bequeaths to B "500 rupees which B owes me". B dies before the testator; the legacy lapses. (ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the will is made. The legacy to A and his children lapses. (iii) A legacy is given to A, and, in case of his dying before the testator, to B. A dies before the testator. The legacy goes to B. (iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetime of the testator; B survives the testator. The bequest to B takes effect. (v) A sum of money is bequeathed to A on his completing his eighteenth year, and in case he should die before he completes his eighteenth year, to B. A completes his eighteenth year, and dies in the lifetime of the testator. The legacy to A lapses, and the bequest to B does not take effect. 88 (vi) The testator and the legatee perished in the same ship- wreck. There is no evidence to show which died first. The legacy lapses. 106. Legacy does not lapse if one of two joint legatees die before testator. 106. Legacy does not lapse if one of two joint legatees die before testator.-If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. Illustration The legacy is simply to A and B. A dies before the testator. B takes the legacy. 107. Effect of words showing testator's intention to give distinct shares. 107. Effect of words showing testator's intention to give distinct shares.-If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it,

then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property. Illustration A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator. B and C will only take so much as they would have had if A had survived the testator. 108. When lapsed share goes as undisposed of. 108. When lapsed share goes as undisposed of.-Where a share which lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of. Illustration The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. His one-third of the residue goes as undisposed of. 109. When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime. 109. When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime.-Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will. Illustration A makes his will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his will whereby he bequeaths all his property to his widow, D. The money goes to D. 89 110. Bequest to A for benefit of B does not lapse by A's death. 110. Bequest to A for benefit of B does not lapse by A's death.- Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator's lifetime, of the person to whom the bequest is made. 111. Survivorship in case of bequest to described class. 111. Survivorship in case of bequest to described class.-Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death. Exception.--If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator. Illustrations (i) A bequeaths 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives of E. (ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the leasehold term as remains unexpired. (iii) A sum of money was bequeathed to A for her life, and after her decease to the children of B. At the death of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one to the administrator of E and one to F. (iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of the testator, B had two sisters living, C and D, and after that event another

sister E was born. C died during the life of B, D and E have survived B. One- third of A's land belong to D, E and the representatives of C, in equal shares. (v) A bequeaths 1,000 rupees to B for life and after his death equally among the children of C. Up to the death of B, C had not had any child. The bequest after the death of B is void. (vi) A bequeaths 1,000 rupees to "all the children born or to be born" of B to be divided among them at the death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the lifetime of C, two other children, F and G, are born to B. After the death of C, another child is born to B. The legacy belongs to D, E, F and G, to the exclusion of the after-born child of B. 90 (vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At the testator's death, B had one child living, named C. He afterwards had two other children, named D and E. E died, but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the exclusion of any child who may be born to B after C's attaining majority. CHAPTER VII Of void Bequests CHAPTER VII Of void Bequests 112. Bequest to person by particular description, who is not in existence at testator's death. 112. Bequest to person by particular description, who is not in existence at testator's death.-Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers the description, the bequest is void. Exception.--If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations (i) A bequeaths 1,000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is void. (ii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, C had no son. Afterwards, during the life of B, a son is born to C. Upon B's death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, C had no son. Afterwards, during the life of B, a son, named D, is born to C. D dies, then B dies. The legacy goes to the representative of D. (iv) A bequeaths his estate of Green Acre to B for life, and at his decease, to the eldest son of C. Up to the death of B, C has had no son. The bequest to C's eldest son is void. (v) A bequeaths 1,000 rupees to the eldest son of C, to be paid to him after the death of B. At the death of the testator C has no son, but a son is afterwards born to him during the life of B and is alive at B's death. C's son is entitled to the 1,000 rupees. 113. Bequest to person not in existence at testator's death subject to prior bequest. 113. Bequest to person not in existence at testator's death subject to prior bequest.-Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. 91 Illustrations (i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. At the time of the testator's death, A has no son. Here the bequest to A's eldest son is a bequest to a person not in existence at the testator's death. It is not bequest of the whole interest that remains to the testator. The bequest to A's eldest son for his life is void. (ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator.

A has daughters some of whom were not in existence at the testator's death. The bequest to A's daughters comprises the whole interest that remains to the testator in the thing bequeathed. The bequest to A's daughters is valid. (iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of eighteen, her portion shall be settled so that it may belong to herself for life and may be divisible among her children after her death. A has no daughters living at the time of the testator's death, but has daughters born afterwards who survive him. Here the direction for a settlement has the effect in the case of each daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her life; that is to say, a bequest to a person not in existence at the time of the testator's death of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund is void. (iv) A bequeaths a sum of money to B for life, and directs that upon the death of B the fund shall be settled upon his daughters, so that the portion of each daughter may belong to herself for life, and may be divided among her children after her death. B has no daughter living at the time of the testator's death. In this case the only bequest to the daughters of B is contained in the direction to settle the fund, and this direction amounts to a bequest to persons not yet born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund upon the daughters of B is void. 114. Rule against perpetuity. 114. Rule against perpetuity.-No bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the life-time of one or more persons living at the testator's death and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. Illustrations (i) A fund is bequeathed to A for his life and after his death to B for his life; and after B's death to such of the sons of B as shall first attain the age of 25. A and B survive the testator. Here the son of B who shall first attain the age of 25 may be a son born after the death of the testator; such son may not attain 25 until more than 18 years have elapsed from the death of the longer liver of A and B; and the vesting of the fund may thus be delayed beyond the lifetime of A and B and the minority of the sons of B. The bequest after B's death is void. (ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B's death to such of B's sons as shall first attain the age of 25. B dies in the lifetime of the testator, leaving one or more sons. In this 92 case the sons of B are persons living at the time of the testator's decease, and the time when either of them will attain 25 necessarily falls within his own lifetime. The bequest is valid. (iii) A fund is bequeathed to A for his life, and after his death to B for his life, with a direction that after B's death it shall be divided amongst such of B's children as shall attain the age of 18, but that, if no child of B shall attain that age, the fund shall go to C. Here the time for the division of the fund must arrive at the latest at the expiration of 18 years from the death of B, a person living at the testator's decease. All the bequests are valid. (iv) A fund is bequeathed to trustees for the benefit of the testator's daughters, with a direction that, if any of them marry under age, her share of the fund shall be settled so as to devolve after her death upon such of her children as shall attain the age of 18. Any daughter of the testator to whom the direction applies must be in existence at his decease, and any portion of the fund which may eventually be settled as directed must vest not later than 18 years from the death of the daughters whose share it was. All these provisions are valid. 115.

Bequest to a class some of whom may come under rules in sections 113 and 114. 115. Bequest to a class some of whom may come under rules in sections 113 and 114.-If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1*[void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefor, is inoperative as to any child born after the testator's death; 2*[and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in Illustration (i). 2*[Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attains the age of 25 within 18 years after A's death.] 116. Bequest to take effect on failure of prior bequest. 3*[116. Bequest to take effect on failure of prior bequest.-Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest --------------------------------------------------------------------- 1 Subs. by Act 21 of 1929, s. 14, for "wholly void". 2 Subs. by s. 14, ibid., for certain original words. 3 Subs. by s. 14, ibid., for the original section. --------------------------------------------------------------------- 93 contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.] Illustrations (i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and, if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. 117. Effect of direction for accumulation. 1*[117. Effect of direction for accumulation.-(1) Where the terms of a will direct that the income arising from any property shall be accumulated either wholly or in part during any period longer than a period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid period, and at the end of such period of eighteen years the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any direction for accumulation for the purpose of-- (i) the payment of the debts of the testator or any other person taking any interest under the will, or (ii) the provision of portions for children or

remoter issue of the testator or of any other person taking any interest under the will, or (iii) the preservation or maintenance of any property bequeathed; and such direction may be made accordingly.] 118. Bequest to religious or charitable uses. 118. Bequest to religious or charitable uses.-No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons: 2*["Provided that nothing in this section shall apply to a Parsi."] --------------------------------------------------------------------- 1 Subs. by Act 21 of 1929, s. 14, for the original section. 2 Added by Act 51 of 1991, s. 6. --------------------------------------------------------------------- 94 Illustrations A having a nephew makes a bequest by a will not executed and deposited as required-- for the relief of poor people; for the maintenance of sick soldiers; for the erection or support of a hospital; for the education and preferment of orphans; for the support of scholars; for the erection or support of a school; for the building and repairs of a bridge; for the making of roads; for the erection or support of a church; for the repairs of a church; for the benefit of ministers of religion; for the formation or support of a public garden; All these bequests are void. CHAPTER VIII Of the vesting of Legacies CHAPTER VIII Of the vesting of Legacies 119. Date of vesting of legacy when payment or possession postponed. 119. Date of vesting of legacy when payment or possession postponed.-Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.--An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that, if a particular event shall happen, the legacy shall go over to another person. Illustrations (i) A bequeaths to B 100 rupees, to be paid to him at the death of C. On A's death the legacy becomes vested in interest in B, and if he dies before C, his representatives are entitled to the legacy. (ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of 18. On A's death the legacy becomes vested in interest in B. 95 (iii) A fund is bequeathed to A for life, and after his death to B. On the testator's death the legacy to B becomes vested in interest in B. (iv) A fund is bequeathed to A until B attains the age of 18 and then to B. The legacy to B is vested in interest from the testator's death. (v) A bequeaths the whole of his property to B upon trust to pay certain debts out of the income, and then to make over the fund to C. At A's death the gift to C becomes vested in interest in him. (vi) A fund is bequeathed to A, B and C in equal shares to be paid to them on their attaining the age of 18, respectively, with a proviso that, if all of them die under the age of 18, the legacy shall devolve upon D. On the death of the testator, the shares vested in interest in A, B and C, subject to be divested in case A, B and C shall all die under 18, and, upon the death of any of them (except the last survivor) under the age of 18, his vested interest passes, so subject, to his representatives.

120. Date of vesting when legacy contingent upon specified uncertain event. 120. Date of vesting when legacy contingent upon specified uncertain event.-(1) A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Exception.-Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is not contingent. Illustrations (i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age. (ii) A sum of money is bequeathed to A "in case he shall attain the age of 18," or "when he shall attain the age of 18". A's interest in the legacy is contingent until the condition is fulfilled by his attaining that age. (iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but if B shall not be then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event which is to vest it in one or in the other has happened. (iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B, C acquires a vested right to obtain possession of the estate upon A's death. (v) A legacy is bequeathed to A when she shall attain the age of 18, or shall marry under that age with the consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B's consent, the legacy shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely entitled to the legacy although she may have married under 18 without the consent of B. 96 (vi) An estate is bequeathed to A until he shall marry and after that event to B. B's interest in the bequest is contingent until the condition is fulfilled by A's marrying. (vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and after that event to B. B's interest in the bequest is contingent until A takes advantage of such a law. (viii) An estate is bequeathed to A if he shall pay 500 rupees to B. A's interest in the bequest is contingent until he has paid 500 rupees to B. (ix) A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of Sultanpur Buzurg to C. B's interest in the bequest is contingent until he has conveyed the latter farm to C. (x) A fund is bequeathed to A if B shall not marry C within five years after the testator's death. A's interest in the legacy is contingent until the condition is fulfilled by the expiration of the five years without B's having married C, or by the occurrence within that period of an event which makes the fulfilment of the condition impossible. (xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until B's death. (xii) A bequeaths of B 500 rupees a year upon his attaining the age of 18, and directs that the interest, or a competent part thereof, shall be applied for his benefit until he reaches that age. The legacy is vested. (xiii) A bequeaths to B 500 rupees when he shall attain the age of 18 and directs that a certain sum, out of another fund, shall be applied for his maintenance until he arrives at that age. The legacy is contingent. 121. Vesting of interest in bequest to such members of a class as shall have attained particular age. 121. Vesting of interest in bequest to such members of a class as shall have attained particular age.-Where a bequest is made only to such members of a class as shall have attained a particular age, a person

who has not attained that age cannot have a vested interest in the legacy. Illustration A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest. CHAPTER IX Of Onerous Bequests CHAPTER IX Of Onerous Bequests 122. Onerous bequests. 122. Onerous bequests.-Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully. Illustration A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to B all his shares in joint stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X). 97 123. One of two separate and independent bequests to same person may be accepted, and other refused. 123. One of two separate and independent bequests to same person may be accepted, and other refused.-Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. Illustration A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money. CHAPTER X Of Contingent Bequests CHAPTER X Of Contingent Bequests 124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence. 124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.Where a legacy is given if a specified uncertain event shall happen and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event happens before the period when the fund bequeathed is payable or distributable. Illustrations (i) A legacy is bequeathed to A, and, in case of his death, to B. If A survives the testator, the legacy to B does not take effect. (ii) A legacy is bequeathed to A, and, in case of his death without children, to B. If A survives the testator or dies in his lifetime leaving a child, the legacy to B does not take effect. (iii) A legacy is bequeathed to A when and if he attains the age of 18, and, in case of his death, to B. A attains the age of 18. The legacy to be does not take effect. (iv) A legacy is bequeathed to A for life, and, after his death to B, and, "in case of B's death without children," to C. The words "in case of B's death without children" are to be understood as meaning in case B dies without children during the lifetime of A. (v) A legacy is bequeathed to A for life, and, after his death to B, and, "in case of B's death," to C. The words "in case of B's death" are to be considered as meaning "in case B dies in the lifetime of A". 125. Bequest to such of certain persons as shall be surviving at some period not specified. 125. Bequest to such of certain persons as shall be surviving at some period not specified.-Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as are alive at the time of payment or distribution, unless a contrary intention appears by the will. Illustrations (i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives the testator, it goes to B. 98 (ii) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between

them, or to the survivor of them. B dies during the life of A; C survives A. At A's death the legacy goes to C. (iii) Property is bequeathed to A for life, and after his death to B and C, or the survivor, with a direction that, if B should not survive the testator, his children are to stand in his place. C dies during the life of the testator; B survives the testator, but dies in the lifetime of A. The legacy goes to the representative of B. (iv) Property is bequeathed to A for life, and, after his death, to B and C, with a direction that, in case either of them dies in the lifetime of A, the whole shall go to the survivor, B dies in the lifetime of A. Afterwards C dies in the lifetime of A. The legacy goes to the representative of C. CHAPTER XI Of Conditional Bequests CHAPTER XI Of Conditional Bequests 126. Bequest upon impossible condition. 126. Bequest upon impossible condition.-A bequest upon an impossible condition is void. Illustrations (i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void. (ii) A bequeaths 500 rupees to B on condition that he shall marry A's daughter. A's daughter was dead at the date of the will. The bequest is void. 127. Bequest upon illegal or immoral condition. 127. Bequest upon illegal or immoral condition.-A bequest upon a condition, the fulfilment of which would be contrary to law or to morality is void. Illustrations (i) A bequeaths 500 rupees to B on condition that he shall murder C. The bequest is void. (ii) A bequeaths 5,000 rupees to his niece if she will desert her husband. The bequest is void. 128. Fulfilment of condition precedent to vesting of legacy. 128. Fulfilment of condition precedent to vesting of legacy.- Where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. Illustrations (i) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, D and E. A marries with the written consent of B. C is present at the marriage. D sends a present to A previous to the marriage. E has been personally informed by A of his intentions, and has made no objection. A has fulfilled the condition. 99 (ii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. D dies. A marries with the consent of B and C. A has fulfilled the condition. (iii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries in the lifetime of B, C and D, with the consent of B and C only. A has not fulfilled the condition. (iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent. A marries E. A has fulfilled the condition. (v) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries without the consent of B, C and D, but obtains their consent after the marriage. A has not fulfilled the condition. (vi) A makes his will whereby he bequeaths a sum of money to B if B shall marry with the consent of A's executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies. The bequest to B takes effect. (vii) A legacy is bequeathed to A if he executes a certain document within a time specified in the will. The document is executed by A within a reasonable time, but not within the time specified in the will. A has not performed the condition, and is not entitled to receive the legacy. 129. Bequest to A and on failure of prior bequest to B. 129. Bequest to A and on failure of prior bequest to B.-Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest

although the failure may not have occurred in the manner contemplated by the testator. Illustrations (i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death, and, if he should neglect to do so, to C. B dies in the testator's life- time. The bequest to C takes effect. 130. When second bequest not to take effect on failure of first. 130. When second bequest not to take effect on failure of first.- Where the will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect. 100 131. Bequest over, conditional upon happening or not happening of specified uncertain event. 131. Bequest over, conditional upon happening or not happening of specified uncertain event.-(1) A bequest may be made to any person with the condition super-added that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130. Illustrations (i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18. (ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a will, the estate goes to B. (iii) A sum of money is bequeathed to A for life, and, after his death, to B, but if B shall then be dead leaving a son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A's lifetime. (iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of B takes the other half. (v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall be living at her death. All the children of B die in B's lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives. 132. Condition must be strictly fulfilled. 132. Condition must be strictly fulfilled.-An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. Illustrations (i) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy shall go to E. D dies. Even if A marries without the consent of B and C, the gift to E does not take effect. (ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go to C. A marries with the consent of B. He, afterwards becomes a widower and marries again without the consent of B. The bequest to C does not take effect. (iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B. The bequest to C takes effect. 101 133. Original bequest not affected by invalidity of second. 133. Original bequest not affected by invalidity of second.-If the ulterior bequest be not

valid the original bequest is not affected by it. Illustrations (i) An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had been inserted in the will. (ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to B. A is entitled to the estate during her life as if no condition had been inserted in the will. (iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the testator's death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life. 134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen. 134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.A bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life- interest in the estate. (ii) An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him. (iii) An estate is bequeathed to A, provided that, if he shall not go to England within three years after the testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases. (iv) An estate is bequeathed to A, wi th a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will. (v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She thereby loses her contingent interest in the fund. 135. Such condition must not be invalid under section 120. 135. Such condition must not be invalid under section 120.-In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. 136. Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-perfromance of which subject matter to go over. 136. Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject matter to go over.-Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subjectmatter of 102 the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect. 137. Performance of condition, precedent or subsequent,

within specified time. Further time in case of fraud. 137. Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud.-Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the nonfulfilment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud. CHAPTER XII Of Bequests with Directions as to Application or Enjoyment CHAPTER XII Of Bequests with Directions as to Application or Enjoyment 138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person. 138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.- Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A, or to place A in any business. A choses to receive the legacy in money. He is entitled to do so. 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee. 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.-Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for 103 the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund. 140. Bequest of fund for certain purposes, some of which cannot be fulfilled. 140. Bequest of fund for certain purposes, some of which cannot be fulfilled.-Where a testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator. Illustrations (i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. The fund, after the son's death, belongs to the estate of the testator. (ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that at their decease the fund shall go to their children. The daughters have no children. The fund belongs to the estate of the testator. CHAPTER XIII Of Bequests to an Executor CHAPTER XIII Of Bequests to an Executor 141. Legatee named as executor cannot take unless he shows

intention to act as executor. 141. Legatee named as executor cannot take unless he shows intention to act as executor.-If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. Illustration A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor. 104 CHAPTER XIV Of Specific Legacies CHAPTER XIV Of Specific Legacies 142. Specific legacy defined. 142. Specific legacy defined.Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific. Illustrations (i) A bequeaths to B-- "the diamond ring presented to me by C": "my gold chain": "a certain bale of wool": "a certain piece of cloth": "all my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death": "the sum of 1,000 rupees in a certain chest": "the debt which B owes me": "all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta": "all my furniture in my house in Calcutta": "all my goods on board a certain ship now lying in the river Hughli": "2,000 rupees which I have in the hands of C": "the money due to me on the bond of D": "my mortgage on the Rampur factory": "one-half of the money owing to me on my mortgage of Rampur factory": "1,000 rupees, being part of a debt due to me from C": "my capital stock of 1,000l, in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan": "all such sums of money as my executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company": "all the wine which I may have in my cellar at the time of my death": "such of my horses as B may select": "all my shares in the Imperial Bank of India": "all my shares in the Imperial Bank of India which I may possess at the time of my death": "all the money which I have in the 5 1/2 per cent. loan of the Central Government": "all the Government securities I shall be entitled to at the time of my decease." Each of these legacies is specific. 105 (ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors "Government promissory notes for 10,000 rupees in trust to sell" for the benefit of B. The legacy is specific. (iii) A, having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific. (iv) A bequeaths to B-- his house in Calcutta: his zamindari of Rampur: his taluq of Ramnagar: his lease of the indigo-factory of Salkya: an annuity of 500 rupees out of the rents of his zamindari of W. A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. Each of these bequests is specific. (v) A by his will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific. (vi) A bequeaths a sum of money-- to buy a house in Calcutta for B: to buy an estate in zila Faridpur for B: to buy a diamond ring for B; to buy a horse for B: to be invested in shares in the Imperial Bank of India for B: to be invested in Government securities for B. A bequeaths to B-- "a diamond ring": "a horse": "10,000 rupees worth of Government securities": "an annuity of 500 rupees": "2,000 rupees to be paid in cash": "so much money as will produce 5,000 rupees four per cent. Government securities." These bequests are not specific. (vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid

out of property which he may leave in England. No one of these legacies is specific. 143. Bequest of certain sum where stocks, etc., in which invested are described. 143. Bequest of certain sum where stocks, etc., in which invested are described.-Where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will. 106 Illustration A bequeaths to B-- "10,000 rupees of my funded property": "10,000 rupees of my property now invested in shares of the East Indian Railway Company": "10,000 rupees, at present secured by mortgage of Rampur factory." No one of these legacies is specific. 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind. 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.-Where a bequest is made in general terms of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. Illustration A bequeaths to B 5,000 rupees five per cent. Government securities. A had at the date of the will five per cent. Government securities for 5,000 rupees. The legacy is not specific. 145. Bequest of money where not payable until part of testator's property disposed of in certain way. 145. Bequest of money where not payable until part of testator's property disposed of in certain way.-A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. Illustration A bequeaths to B 10,000 rupees and directs that this legacy shall be paid as soon as A's property in India shall be realised in England. The legacy is not specific. 146. When enumerated articles not deemed specifically bequeathed. 146. When enumerated articles not deemed specifically bequeathed.- Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 147. Retention, in form, of specific bequest to several persons in succession. 147. Retention, in form, of specific bequest to several persons in succession.-Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. Illustrations (i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B's death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest. 107 (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C's death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest. 148. Sale and investment of proceeds of property bequeathed to two or more persons in succession. 148. Sale and investment of proceeds of property bequeathed to two or more persons in succession.-Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Illustration A, having a lease for a term of years, bequeaths all his property to B for life, and, after B's death, to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid

to B for life. At B's death the capital of the fund is to be paid to C. 149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies. 149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.-If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies. CHAPTER XV Of Demonstrative Legacies CHAPTER XV Of Demonstrative Legacies 150. Demonstrative legacy defined. 150. Demonstrative legacy defined.-Where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. Explanation.--The distinction between a specific legacy and a demonstrative legacy consists in this, that-- where specified property is given to the legatee, the legacy is specific; where the legacy is directed to be paid out of specified property, it is demonstrative. Illustrations (i) A bequeaths to B, 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from w. The legacy to B is specific, the legacy to C is demonstrative. 108 (ii) A bequeaths to B-- "ten bushels of the corn which shall grow in my field of Green Acre": "80 chests of the indigo which shall be made at my factory of Rampur": "10,000 rupees out of my five per cent. promissory notes of the Central Government": An annuity of 500 rupees "from my funded property": "1,000 rupees out of the sum of 2,000 rupees due to me by C": an annuity, and directs it to be paid "out of the rents arising from my taluk of Ramnagar". (iii) A bequeaths to B-- "10,000 rupees out of my estate at Ramnagar," or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business." Each of these bequests is demonstrative. 151. Order of payment when legacy directed to be paid out of fund the subject of specific legacy. 151. Order of payment when legacy directed to be paid out of fund the subject of specific legacy.-Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. CHAPTER XVI Of Ademption of Legacies CHAPTER XVI Of Ademption of Legacies 152. Ademption explained. 152. Ademption explained.-If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect, by reason of the subject- matter having been withdrawn from the operation of the will. Illustrations (i) A bequeaths to B-- "the diamond ring presented to me by C": "my gold chain": "a certain bale of wool": "a certain piece of cloth": "all my household goods which shall be in or about my dwelling-house in M. Street in Calcutta, at the time of my death." 109 A in his lifetime,-- sells or gives away the ring: converts the chain into a cup: converts the wool into cloth: makes the cloth into a garment: takes another house into which he removes all his goods. Each of these legacies is adeemed. (ii) A bequeaths to B-- "the sum of 1,000 rupees, in a certain chest": "all the horses in my stable". At the death of A, no money is found in the chest, and no

horses in the stable. The legacies are adeemed. (iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The legacy is adeemed. 153. Non-ademption of demonstrative legacy. 153. Non-ademption of demonstrative legacy.-A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator. 154. Ademption of specific bequest of right to receive something from third party. 154. Ademption of specific bequest of right to receive something from third party.-Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. Illustrations (i) A bequeaths to B-- "the debt which C owes me": "2,000 rupees which I have in the hands of D": "the money due to me on the bond of E": "my mortgage on the Rampur factory." All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of his life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed. 155. Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed. 155. Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed.The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. Illustration A bequeaths to B "the debt due to me by C". The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A. 110 156. Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed. 156. Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed.-If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. Illustration A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest. 157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies. 157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.-Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1*[500] rupees, part of that debt, and dies leaving only 1,500

rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. 158. Ademption where stock, specifically bequeathed, does not exist at testator's death. 158. Ademption where stock, specifically bequeathed, does not exist at testator's death.-Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed. Illustration A bequeaths to B-- "my capital stock of 1,000 l. in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan." A sells the stock and the notes. The legacies are adeemed. 159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death. 159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death.-Where stock which has been specifically bequeathed exists only in part at the testator's death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. --------------------------------------------------------------------- 1 Subs. by Act 10 of 1927, s. 2 and Sch. I, for "5,000". --------------------------------------------------------------------- 111 Illustration A bequeaths to B his 10,000 rupees in the 5 1/2 per cent. loan of the Central Government. A sells onehalf of his 10,000 rupees in the loan in question. One-half of the legacy is adeemed. 160. Non-ademption of specific bequest of goods described as connected with certain place, by reason or removal. 160. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.-A specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. Illustrations (i) A bequeaths to B "all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death." The goods are removed from the house to save them from fire. A dies before they are brought back. (ii) A bequeaths to B "all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death". During A's absence upon a journey, the whole of the goods are removed from the house. A dies without having sanctioned their removal. Neither of these legacies is adeemed. 161. When removal of thing bequeathed does not constitute ademption. 161. When removal of thing bequeathed does not constitute ademption.-The removal of the thing bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath. Illustrations (i) A bequeaths to B "all the bills, bonds and other securities for money belonging to me now lying in my lodgings in Calcutta". At the time of his death these effects had been removed from his lodgings in Calcutta. (ii) A bequeaths to B all his furniture then in his house in Calcutta. The testator has a house at Calcutta and another at Chinsurah, in which he lives alternately, being possessed of one set of furniture only which he removes with himself to each house. At the time of his death the furniture is in the house at Chinsurah. (iii) A bequeaths to B all his goods on board a certain ship then lying in the river Hughli. The goods are removed by A's directions to a warehouse, in which they remain at the time of A's death. No one of these legacies is revoked by ademption. 162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it. 162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.-Where the thing bequeathed is not the right to

receive something of value from a third person, but the money or other commodity which may be received from third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an 112 ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed. Illustration A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed. 163. Change by operation of law of subject of specific bequest between date of will and testator's death. 163. Change by operation of law of subject of specific bequest between date of will and testator's death.-Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. Illustrations (i) A bequeaths to B "all the money which I have in the 5 1/2 per cent. loan of the Central Government". The securities for the 5 1/2 per cent. loan are converted during A's lifetime into 5 per cent. stock. (ii) A bequeaths to B the sum of 2,000 l. invested in Consols in the names of trustees for A. The sum of 2,000 l. is transferred by the trustees into A's own name. (iii) A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central Government which he has power under his marriage settlement to dispose of by will. Afterwards, in A's lifetime, the fund is converted into Consols by virtue of an authority contained in the settlement. No one of these legacies has been adeemed. 164. Change of subject without testator's knowledge. 164. Change of subject without testator's knowledge.-Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed. Illustration A bequeaths to B "all my 3 per cent. Consols". The Consols are, without A's knowledge, sold by his agent, and the proceeds converted into East India Stock. This legacy is not adeemed. 165. Stock specifically bequeathed lent to third party on condition that it be replaced. 165. Stock specifically bequeathed lent to third party on condition that it be replaced.-Where stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed. 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death. 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased and belongs to the testator at his death, the legacy is not adeemed. 113 CHAPTER XVII Of the Payment of Liabilities in respect of the Subject of a Bequest CHAPTER XVII Of the Payment of Liabilities in respect of the Subject of a Bequest 167. Non-liability of executor to exonerate specific legatees. 167. Non-liability of executor to exonerate specific legatees.- (1) Where property specifically bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as between himself and the testator's estate) be liable to make good the amount of such pledge or incumbrance. (2) A contrary intention shall not be inferred from any direction which the will may contain for the payment of the testator's debts generally. Explanation.--A periodical payment in the nature of land-revenue or in

the nature of rent is not such an incumbrance as is contemplated by this section. Illustrations (i) A bequeaths to B the diamond ring given him by C. At A's death the ring is held in pawn by D to whom it has been pledged by A. It is the duty of A's executors, if the state of the testator's assets will allow them, to allow B to redeem the ring. (ii) A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 rupees thus due. 168. Completion of testator's title to things bequeathed to be at cost of his estate. 168. Completion of testator's title to things bequeathed to be at cost of his estate.-Where anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of the testator's estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A's assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A's assets. 169. Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically. 169. Exoneration of legatee's immoveable property for which land- revenue or rent payable periodically.-Where there is a bequest of any interest in immovable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them, as the case may be, up to the day of his death. 114 Illustration A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent at the usual time, and dies 25 days after. A's estate will make good 25 rupees in respect of the rent. 170. Exoneration of specific legatee's stock in joint-stock company. 170. Exoneration of specific legatee's stock in joint-stock company.-In the absence of any direction in the will, where there is a specific bequest of stock in a joint-stock company, if any call or other payment is due from the testator at the time of his death in respect of the stock, such call or payment shall, as between the testator's estate and the legatee, be borne by the estate; but, if any call or other payment becomes due in respect of such stock after the testator's death, the same shall, as between the testator's estate and the legatee, be borne by the legatee, if he accepts the bequest. Illustrations (i) A bequeaths to B his shares in a certain railway. At A's death there was due from him the sum of 100 rupees in respect of each share, being the amount of a call which had been duly made, and the sum of five rupees in respect of each share, being the amount of interest which had accrued due in respect of the call. These payments must be borne by A's estate. (ii) A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in respect of each share, which sum must be paid before his title to the shares can be completed. A bequeaths these shares to B. The estate of A must make good the payments which were necessary to complete A's title. (iii) A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death, a call is made in respect of the shares. B must pay the call. (iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the company are wound up, and each shareholder is called upon

for contribution. The amount of the contribution must be borne by the legatee. (v) A is the owner of ten shares in a railway company. At a meeting held during his lifetime a call is made of fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first instalment. A's estate must pay the first instalment, and B, if he accepts the legacy, must pay the remaining instalments. CHAPTER XVIII Of Bequests of Things described in General Terms CHAPTER XVIII Of Bequests of Things described in General Terms 171. Bequest of thing described in general terms. 171. Bequest of thing described in general terms.-If there is a bequest of something described in general terms, the executor must purchase for the legatee what may reasonably be considered to answer the description. 115 Illustrations (i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets will allow it. (ii) A bequeaths to B "my pair of carriage-horses". A had no carriage-horses at the time of his death. The legacy fails. CHAPTER XIX Of Bequests of the Interest or Produce of a Fund CHAPTER XIX Of Bequests of the Interest or Produce of a Fund 172. Bequest of interest or produce of fund. 172. Bequest of interest or produce of fund.-Where the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal, as well as the interest, shall belong to the legatee. Illustrations (i) A bequeaths to B the interest of his 5 per cent. promissory notes of the Central Government. There is no other clause in the will affecting those securities. B is entitled to A's 5 per cent. promissory notes of the Central Government. (ii) A bequeaths the interest of his 5 1/2 per cent. promissory notes of the Central Government to B for his life, and after his death to C. B is entitled to the interest of the notes during his life, and C is entitled to the notes upon B's death. (iii) A bequeaths to B the rents of his lands at X. B is entitled to the lands. CHAPTER XX Of Bequests of Annuities CHAPTER XX Of Bequests of Annuities 173. Annuity created by will payable for life only unless contrary intention appears by will. 173. Annuity created by will payable for life only unless contrary intention appears by will.-Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a contrary intention appears by the will, notwithstanding that the annuity is directed to be paid out of the property generally, or that a sum of money is bequeathed to be invested in the purchase of it. Illustrations (i) A bequeaths to B 500 rupees a year. B is entitled during his life to receive the annual sum of 500 rupees. (ii) A bequeaths to B the sum of 500 rupees monthly. B is entitled during his life to receive the sum of 500 rupees every month. (iii) A bequeaths an annuity of 500 rupees to B for life, and on B's death to C. B is entitled to an annuity of 500 rupees during his life. C, if he survives B, is entitled to an annuity of 500 rupees from B's death until his own death. 116 174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity. 174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity.-Where the will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for any person, on the testator's death, the legacy vests in interest in the legatee, and he is

entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the will. Illustrations (i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B. B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum as will be sufficient for the purchase of such an annuity. (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shall be laid out in the purchase of an annuity for C. B and C survive the testator. C dies in B's lifetime. On B's death the fund belongs to the representative of C. 175. Abatement of annuity. 175. Abatement of annuity.-Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. 176. Where gift of annuity and residuary gift, whole annuity to be first satisfied. 176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.-Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied for that purpose. CHAPTER XXI Of Legacies to Creditors and Portioners CHAPTER XXI Of Legacies to Creditors and Portioners 177. Creditor prima facie entitled to legacy as well as debt. 177. Creditor prima facie entitled to legacy as well as debt.- Where a debtor bequeaths a legacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy, as well as to the amount of the debt. 178. Child prima facie entitled to legacy as well as portion. 178. Child prima facie entitled to legacy as well as portion.- Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion. 117 Illustration A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions. 179. No ademption by subsequent provision for legatee. 179. No ademption by subsequent provision for legatee.-No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. Illustrations (i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is not thereby adeemed. (ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished. CHAPTER XXII Of Election CHAPTER XXII Of Election 180. Circumstances in which election takes place. 180. Circumstances in which election takes place.-Where a person, by his will, professes to dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any benefits which may have been provided for him by the will. 181. Devolution of interest relinquished by owner. 181. Devolution of interest relinquished by owner.-An interest relinquished in the circumstances stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the

disappointed legatee the amount or value of the gift attempted to be given to him by the will. 182. Testator's belief as to his ownership immaterial. 182. Testator's belief as to his ownership immaterial.-The provisions of sections 180 and 181 apply whether the testator does or does not believe that which he professes to dispose of by his will to be his own. Illustrations (i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 rupees to C. C has elected to retain his farm of Sultanpur, which is worth 800 rupees. C forfeits his legacy of 1,000 rupees, of which 800 rupees goes to B, and the remaining 200 rupees falls into the residuary bequest, or devolves according to the rules of intestate succession, as the case may be. 118 (ii) A bequeaths an estate to B in case B's elder brother (who is married and has children) shall leave no issue living at his death. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewel or to lose the estate. (iii) A bequeaths to B 1,000 rupees, and to C an estate which will, under a settlement, belong to B if his elder brother (who is married and has children) shall leave no issue living at his death. B must elect to give up the estate or to lose the legacy. (iv) A, a person of the age of 18, domiciled in 1*[India] but owning real property in England, to which C is heir at law, bequeaths a legacy to C and, subject thereto, devises and bequeaths to B "all my property whatsoever and wheresoever," and dies under 21. The real property in England does not pass by the will. C may claim his legacy without giving up the real property in England. 183. Bequest for man's benefit how regarded for purpose of election. 183. Bequest for man's benefit how regarded for purpose of election.-A bequest for a person's benefit is, for the purpose of election, the same thing as a bequest made to himself. Illustration The farm of Sultanpur Khurd being the property of B, A bequeathed it to C: and bequeathed another farm called Sultanpur Buzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of B's debts. B must elect whether he will abide by the will, or keep his farm of Sultanpur Khurd in opposition to it. 184. Person deriving benefit indirectly not put to election. 184. Person deriving benefit indirectly not put to election.-A person taking no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made any election. D takes out administration to C, and as administrator elects on behalf of C's estate to take under the will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death of the testator and before the death of C. In his individual character he retains the lands of Sultanpur in opposition to the will. 185. Person taking in individual capacity under will may in other character elect to take in opposition. 185. Person taking in individual capacity under will may in other character elect to take in opposition.-A person who in his individual capacity takes a benefit under a will may, in another character, elect to take in opposition to the will. Illustration The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupees to B, and 1,000 rupees to C, who is B's only child. B dies intestate, shortly after the testator, without having made an election. C takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". --------------------------------------------------------------------- 119

to the will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his legacy of 1,000 rupees under the will. 186. Exception to provisions of last six sections. 186. Exception to provisions of last six sections.- Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will. Illustration Under A's marriagesettlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees. 187. When acceptance of benefit given by will constitutes election to take under will. 187. When acceptance of benefit given by will constitutes election to take under will.-Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he had knowledge of his right to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives inquiry into the circumstances. Illustrations (i) A is owner of an estate called Sultanpur Khurd, and has a life interest in another estate called Sultanpur Buzurg to which upon his death his son B will be absolutely entitled. The will of A gives the estate of Sultanpur Khurd to B, and the estate of Sultanpur Buzurg to C. B, in ignorance of his own right to the estate of Sultanpur Buzurg, allows C to take possession of it, and enters into possession of the estate of Sultanpur Khurd. B has not confirmed the bequest of Sultanpur Buzurg to C. (ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C, and to B the residue of A's property. B having been informed by A's executors that the residue will amount to 5,000 rupees, allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500 rupees. B has not confirmed the bequest of the estate of Sultanpur to C. 188. Circumstances in which knowledge or waiver is presumed or inferred. 188. Circumstances in which knowledge or waiver is presumed or inferred.-(1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. 120 Illustration A bequeaths to B an estate to which C is entitled, and to C a coal-mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B. 189. When testator's representatives may call upon legatee to elect. 189. When testator's representatives may call upon legatee to elect.If the legatee does not, within one year after the death of the testator, signify to the testator's representatives his intention to confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the will. 190. Postponement of election in case of disability. 190. Postponement of election in case of disability.-In case of disability the election shall be postponed until the disability ceases, or until the

election is made by some competent authority. CHAPTER XXIII Of Gifts in Contemplation of Death CHAPTER XXIII Of Gifts in Contemplation of Death 191. Property transferable by gift made in contemplation of death. 191. Property transferable by gift made in contemplation of death.-(1) A man may dispose, by gift made in contemplation of death, of any moveable property which he could dispose of by will. (2) A gift is said to be made in contemplation of death where a man, who is ill and expects to die shortly of his illness, delivers, to another the possession of any moveable property to keep as a gift in case the donor shall die of that illness. (3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness during which it was made; nor if he survives the person to whom it was made. Illustrations (i) A, being ill, and in expectation of death, delivers to B, to be retained by him in case of A's death,-- a watch: a bond granted by C to A: a bank-note: a promissory note of the Central Government endorseed in blank: a bill of exchange endorsed in blank: certain mortgagedeeds. 121 A dies of the illness during which he delivered these articles. B is entitled to-the watch: the debt secured by C's bond: the bank-note: the promissory note of the Central Government: the bill of exchange: the money secured by the mortagage-deeds. (ii) A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the trunk, or over the deposited goods, and desires him to keep them in case of A's death. A dies of the illness during which he delivered these articles. B is entitled to the trunk and its contents or to A's goods of bulk in the warehouse. (iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the parcels respectively the names of B and C. The parcels are not delivered during the life of A. A dies of the illness during which he set aside the parcels. B and C are not entitled to the contents of the parcels. PART VII PROTECTION OF PROPERTY OF DECEASED PART VII PROTECTION OF PROPERTY OF DECEASED 192. Person claiming right by succession to property of deceased may apply for relief against wrongful possession. 192. Person claiming right by succession to property of deceased may apply for relief against wrongful possession.-(1) If any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto, or to any portion thereof, may make application to the District Judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. (2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like application for relief. 193. Inquiry made by Judge. 193. Inquiry made by Judge.-The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide. 122 194. Procedure. 194. Procedure.-If the District Judge is satisfied that there is sufficient ground for believing as aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or disturbed possession by publication,

and, after the expiration of a reasonable time, shall determine summarily the right to possession (subject to a suit as hereinafter provided) and shall deliver possession accordingly: Provided that the Judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the inquiry necessary for summoning the party complained of or not. 195. Appointment of curator pending determination of proceeding. 195. Appointment of curator pending determination of proceeding.- If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointment, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in consequence thereof: Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer subordinate to the Collector, the powers of a curator: Provided, further, that every appointment of a curator in respect of any property shall be duly published. 196. Powers conferrable on curator. 196. Powers conferrable on curator.-The District Judge may authorise the curator to take possession of the property either generally, or until security is given by the party in possession, or until inventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession: Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects. 197. Prohibition of exercise of certain powers by curators. 197. Prohibition of exercise of certain powers by curators.-(1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 1889 1*, (7 of 1889.) or a grant of probate --------------------------------------------------------------------- 1 Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938. --------------------------------------------------------------------- 123 or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. Payment of debts, etc., to curator. (2) Payment of debts, etc., to curator.-All person who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. 198. Curator to give security and may receive remuneration. 198. Curator to give security and may receive remuneration.-(1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration, in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary

proceeding. (3) Security shall be required from the curator with all reasonable despatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. 199. Report from Collector where estate includes revenue-paying land. 199. Report from Collector where estate includes revenue-paying land.-(1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the property of summoning the party in possession, of appointing a curator, or of nominating individuals to that appointment, the District Judge shall demand a report from the Collector, and the Collector shall thereupon furnish the same: Provided that in cases of urgency the Judge may proceed, in the first instance, without such report. (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector. 124 200. Institution and defence of suits. 200. Institution and defence of suits.-The curator shall be subject to all orders of the District Judge regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate: Provided that an express authority shall be requisite in the order of the curator's appointment for the collection of debts or rents; but such express authority shall enable the curator to give a full acquittance for any sums of money received by virtue thereof. 201. Allowances to apparent owners pending custody by curator. 201. Allowances to apparent owners pending custody by curator.- Pending the custody of the property by the curator, the District Judge may make such allowances to parties having a prima facie right thereto as upon a summary investigation of the rights and circumstances of the parties interested he considers necessary, and may, at his discretion, take security for the repayment thereof with interest, in the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled thereto. 202. Accounts to be filed by curator. 202. Accounts to be filed by curator.-The curator shall file monthly accounts in abstract, and shall, on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the possession of the property, file a detailed account of his administration to the satisfaction of the District Judge. 203. Inspection of accounts and right of interested party to keep duplicate. 203. Inspection of accounts and right of interested party to keep duplicate.-(1) The accounts of the curator shall be open to the inspection of all parties interested; and it shall be competent for any such interested party to appoint a separate person to keep a duplicate account of all receipts and payments by the curator. (2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or incomplete, or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be punishable with fine not exceeding one thousand rupees for every such default. 204. Bar to appointment of second curator for same property. 204. Bar to appointment of second curator for same property.If the Judge of any district has appointed a curator, in respect of the whole of the property of a deceased person, such appointment shall preclude the Judge of any other district within the same State from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment within the same State of another curator in respect of the residue or any portion thereof:

Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of property which is the subject of a 125 summary proceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court may make such order as it thinks fit for the appointment of one curator of the whole property. 205. Limitation of time for application for curator. 205. Limitation of time for application for curator.-An application under this Part to the District Judge must be made within six months of the death of the proprietor whose property is claimed by right in succession. 206. Bar to enforcement of Part against public settlement or legal directions by deceased. 206. Bar to enforcement of Part against public settlement or legal directions by deceased.-Nothing in this Part shall be deemed to authorise the contravention of any public act of settlement or of any legal directions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto. 207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction. 207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction.-Nothing in this Part shall be deemed to authorise any disturbance of the possession of a Court of Wards of any property; and in case a minor, or other disqualified person whose property is subject to the Court of Wards, is the party on whose behalf application is made under this Part, the District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest the Court of Wards with the curatorship of the estate pending the proceeding without taking security as aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding, appears to be entitled to the property, possession shall be delivered to the Court of Wards. 208. Saving of right to bring suit. 208. Saving of right to bring suit.-Nothing contained in this Part shall be any impediment to the bringing of a suit either by the party whose application may have been rejected before or after the summoning of the party in possession, or by the party who may have been evicted from the possession under this Part. 209. Effect of decision of summary proceeding. 209. Effect of decision of summary proceeding.-The decision of a District Judge in a summary proceeding under this Part shall have no other effect than that of settling the actual possession; but for this purpose it shall be final, and shall not be subject to any appeal or review. 126 210. Appointment of public curators. 210. Appointment of public curators.-The State Government may appoint public curators for any district or number of districts; and the District Judge having jurisdiction shall nominate such public curators in all cases where the choice of a curator is left discretionary with him under this Part. PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION 211. Character and property of executor or administrator as such. 211. Character and property of executor or administrator as such.- (1) The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such. (2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh, 1*[Jaina or Parsi] or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person

which would otherwise have passed by survivorship to some other person. 212. Right to intestate's property. 212. Right to intestate's property.-(1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, 2*[Indian Christian or Parsi]. 213. Right as executor or legatee when established. 213. Right as executor or legatee when established.-(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 3*[India] has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. 4*[(2) This section shall not apply in the case of wills made by Muhammadans, and shall only apply-- (i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and --------------------------------------------------------------------- 1 Subs. by Act 16 of 1962, s. 2, for "or Jaina". 2 Subs. by s. 3, ibid., for "or Indian Christian". 3 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4 Subs. by Act 16 of 1962, s. 4, for sub-section (2). --------------------------------------------------------------------- 126A (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962, (16 of 1962.) where such wills are made within the local limits of the 1*[ordinary original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.] --------------------------------------------------------------------- 1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "ordinary civil jurisdiction". --------------------------------------------------------------------- 127 214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons. 214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.-(1) No Court shall-- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of-- (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the Administrator General's Act, 1913, (3 of 1913.) and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or (iv) a certificate granted under the Succession Certificate Act, 1889 1*, (7 of 1889.) or (v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein. (2) The word "debt" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes. 215. Effection certificate of subsequent probate or letters of administration. 215. Effection certificate of subsequent probate or letters of administration.-(1) A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate previously granted under Part X or under the

Succession Certificate Act, 18891* (7 of 1889), or Bombay Regulation No. VIII of 1827, in respect of any debts or securities included in the estate. (2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding: --------------------------------------------------------------------- 1 Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938. 128 Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration. 216. Grantee of probate or administration alone to sue, etc., until same revoked. 216. Grantee of probate or administration alone to sue, etc., until same revoked.After any grant of probate or letters of administration, no other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the State in which the same may have been granted, until such probate or letters of administration has or have been recalled or revoked. PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED 217. Application of Part. 217. Application of Part.-Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part. CHAPTER I Of Grant of Probate and Letters of Administration CHAPTER I Of Grant of Probate and Letters of Administration 218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. 218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.-(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased's estate. (2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them. (3) When no such person applies, it may be granted to a creditor of the deceased. 129 219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. 219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.-If the deceased has died intestate and was not a person belonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated, namely:-- (a) If the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased. Illustrations (i) The widow is a lunatic or has committed adultery or has been barred by her marriage settlement of all interest in her husband's estate. There is cause for excluding her from the administration. (ii) The widow has

married again since the decease of her husband. This is not good cause for her exclusion. (b) If the Judge thinks proper, he may associate any person or persons with the widow in the administration who would be entitled solely to the administration if there were no widow. (c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate's estate: Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall be solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administration. (e) The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f) When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor. 130 (g) Where the deceased has left property in 1*[India], letters of administration shall be granted according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law relating to testate and intestate succession differs from the law of 1*[India]. 220. Effect of letters of administration. 220. Effect of letters of administration.-Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death. 221. Acts not validated by administration. 221. Acts not validated by administration.-Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate. 222. Probate only to appointed executor. 222. Probate only to appointed executor.-(1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,--"I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication. 223. Persons to whom probate cannot be granted. 223. Persons to whom probate cannot be granted.-Probate cannot be granted to any person who is a minor or is of unsound mind 2*[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 4*[, by notification in the Official Gazette] by the 3*[State Government] in this behalf]. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2 Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of this section had been omitted by Act 18 of 1927, s. 2. 3 The words "G. G. in C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above. 4 Ins. by Act 20 of 1983, s. 2 & Sch. (w.e.f. 15-3-1984). 131 224. Grant of probate to several executors simultaneously or at different times. 224. Grant of probate to several executors simultaneously or at different times.-When several executors are appointed, probate may be granted to them all simultaneously or at different times. Illustration A is

an executor of B's will by express appointment and C an executor of it by implication. Probate may be granted to A and C at the same time or to A first and then to C, or to C first and then to A. 225. Separate probate of codicil discovered after grant of probate. 225. Separate probate of codicil discovered after grant of probate.-(1) If a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will. (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together. 226. Accrual of representation to surviving executor. 226. Accrual of representation to surviving executor.-When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors. 227. Effect of probate. 227. Effect of probate.-Probate of a will when granted established the will from the death of the testator, and renders valid all intermediate acts of the executor as such. 228. Administration, with copy annexed, of authenticated copy of will proved abroad. 228. Administration, with copy annexed, of authenticated copy of will proved abroad.-When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of 1*[India], and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed. 229. Grant of administration where executor has not renounced. 229. Grant of administration where executor has not renounced.- When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship : Provided that, when one or more of several executors have proved a will, the Court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved. 230. Form and effect of renunciation of executor-ship. 230. Form and effect of renunciation of executor-ship.-The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when --------------------------------------------------------------------- 1 Subs. by the A. O. 1950 for "His Majesty's dominions". 132 made shall preclude him from ever thereafter applying for probate of the will appointing him executor. 231. Procedure where executor renounces or fails to accept within time limited. 231. Procedure where executor renounces or fails to accept within time limited.-If an executor renounces or fails to accept an executorship within the time limited for the acceptance or refusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, may be granted to the person who would be entitled to administration in case of intestacy. 232. Grant of administration to universal or residuary legatees. 232. Grant of administration to universal or residuary legatees.- When-- (a) the deceased has made a will, but has not appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. 233. Right to administration of representative of deceased residuary legatee. 233. Right to administration of representative of deceased residuary legatee.-When a residuary legatee

who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee. 234. Grant of administration where no executor, nor residuary legatee nor representative of such legatee. 234. Grant of administration where no executor, nor residuary legatee nor representative of such legatee.-When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly. 235. Citation before grant of administration to legatee other than universal or residuary. 235. Citation before grant of administration to legatee other than universal or residuary.-Letters of administration with the will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next-of-kin to accept or refuse letters of administration. 133 236. To whom administration may not be granted. 236. To whom administration may not be granted.-Letters of administration cannot be granted to any person who is a minor or is of unsound mind, 1*[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 2*[", by notification in the Official Gazette,"] by the 3*[State Government] in this behalf]. 236A. Laying of rules before State Legislature. 2*[236A. Laying of rules before State Legislature.-Every rule made by the State Government under section 223 and section 236 shall be laid, as soon as it is made, before the State Legislature."]. CHAPTER II Grants limited in duration CHAPTER II Of Limited Grants Grants limited in duration 237. Probate of copy of draft of lost will. 237. Probate of copy or draft of lost will.-When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced. 238. Probate of contents of lost or destroyed will. 238. Probate of contents of lost or destroyed will.-When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence. 239. Probate of copy where original exists. 239. Probate of copy where original exists.-When the will is in the possession of a person residing out of the State in which application for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced. 240. Administration until will produced. 240. Administration until will produced.-Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced. --------------------------------------------------------------------- 1 Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh, or Jaina or an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of this section had been omitted by Act 18

of 1927, s. 2. 2 Ins. by Act 20 of 1983, S. 2 & Sch. (w.e.f. 15-3-84). 3 The words "G. G. in C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above. 134 Grants for the use and benefit of others having right 241. Administration, with will annexed, to attorney of absent executor. 241. Administration, with will annexed, to attorney of absent executor.-When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself. 242. Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer. 242. Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.-When any person to whom, if present, letters of administration, with the will annexed, might be granted, is absent from the State, letters of administration, with the will annexed may be granted to his attorney or agent, limited as mentioned in section 241. 243. Administration to attorney of absent person entitled to administer in case of intestacy. 243. Administration to attorney of absent person entitled to administer in case of intestacy.-When a person entitled to administration in case of intestacy is absent from the State, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241. 244. Administration during minority of sole executor or residuary legatee. 244. Administration during minority of sole executor or residuary legatee.-When a minor is sole executor or sole residuary legatee, letters of administration, with the will annexed, may be granted to the legal guardian of such minor or to such other person as the Court may think fit until the minor has attained his majority at which period, and not before, probate of the will shall be granted to him. 245. Administration during minority of several executors or residuary legatees. 245. Administration during minority of several executors or residuary legatees.-When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority. 246. Administration for use and benefit of lunatic or minor. 246. Administration for use and benefit of lunatic or minor.-If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be. 135 247. Administration pendente lite. 247. Administration pendente lite.Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction. Grants for special purposes 248. Probate limited to purpose specified in will. 248. Probate limited to purpose specified in will.-If an executor is

appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall be limited accordingly. 249. Administration, with will annexed, limited to particular purpose. 249. Administration, with will annexed, limited to particular purpose.-If an executor appointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the will annexed, shall be limited accordingly. 250. Administration limited to property in which person has beneficial interest. 250. Administration limited to property in which person has beneficial interest.-Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf. 251. Administration limited to suit. 251. Administration limited to suit.-When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor, or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution. 252. Administration limited to purpose of becoming party to suit to be brought against administrator. 252. Administration limited to purpose of becoming party to suit to be brought against administrator.-If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from the State within 136 which the Court which has granted the probate or letters of administration exercises jurisdiction, the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect. 253. Administration limited to collection and preservation of deceased's property. 253. Administration limited to collection and preservation of deceased's property.-In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdiction any of the property is situate may grant to any person, whom such Court may think fit, letters of administration limited to the collection and preservation of the property of the deceased and to the giving of discharges for debts due to his estate, subject to the directions of the Court. 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.-(1) When a person has died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of the State, and it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be

properly administered, appoint such person as it thinks fit to be administrator. (2) In every such case letters of administration may be limited or not as the Court thinks fit. Grants with exception 255. Probate or administration, with will annexed, subject to exception. 255. Probate or administration, with will annexed, subject to exception.Whenever the nature of the case requires that an exception be made, probate of a will, or letters of administration with the will annexed, shall be granted subject to such exception. 256. Administration with exception. 256. Administration with exception.-Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception. Grants of the rest 257. Probate or administration of rest. 257. Probate or administration of rest.-Whenever a grant with exception of probate, or of letters of administration with or without the will annexed, has been made, the 137 person entitled to probate or administration of the remainder of the deceased's estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate. Grant of effects unadministered 258. Grant of effects unadministered. 258. Grant of effects unadministered.-If an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. 259. Rules as to grants of effects unadministered. 259. Rules as to grants of effects unadministered.-In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. 260. Administration when limited grant expired and still some part of estate unadministered. 260. Administration when limited grant expired and still some part of estate unadministered.-When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made. CHAPTER III Alteration and Revocation of Grants CHAPTER III Alteration and Revocation of Grants 261. What errors may be rectified by Court. 261. What errors may be rectified by Court.-Errors in names and descriptions, or in setting forth the time and place of the deceased's death or the purpose in a limited grant, may be rectified by the Court and the grant of probate or letters of administration may be altered and amended accordingly. 262. Procedure where codicil discovered after grant of administration with will annexed. 262. Procedure where codicil discovered after grant of administration with will annexed.-If, after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly. 263. Revocation or annulment for just cause. Revocation or annulment for just cause.-The grant of probate or letters of administration may be revoked or annulled for just cause. Explanation.--Just cause shall be deemed to exist where-- (a) the proceedings to obtain the grant were defective in substance; or 138 (b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in

accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered. (vi) Since probate was granted, a later will has been discovered. (vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will. (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. CHAPTER IV Of the Practice in granting and revoking Probates and Letters of Administration CHAPTER IV Of the Practice in granting and revoking Probates and Letters of Administration 264. Jurisdiction of District Judge in granting and revoking probates, etc. 264. Jurisdiction of District Judge in granting and revoking probates, etc.(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and 139 Bombay, 1* shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. 265. Power to appoint delegate of District Judge to deal with noncontentious cases. 265. Power to appoint delegate of District Judge to deal with noncontentious cases.-(1) The High Court may appoint such judicial officers within any district as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: Provided that, in the case of High Courts not established by Royal Charter, such appointments shall not be without the previous sanction of the State Government. (2) Persons so appointed shall be called "District Delegates". 266. District Judge's powers as to grant of probate and administration. 266. District Judge's powers as to grant of probate and administration.-The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court. 267. District Judge may order person to produce testamentary papers. 267. District Judge may order person to produce testamentary papers.-(1) The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person. (2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the

proceeding shall be in the discretion of the Judge. --------------------------------------------------------------------- 1 The words "and the province of Burma" omitted by the A. O. 1937. 140 268. Proceedings of District Judge's Court in relation to probate and administration. 268. Proceedings of District Judge's Court in relation to probate and administration.-The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908. (5 of 1908.) 269. When and how District Judge to interfere for protection of property. 269. When and how District Judge to interfere for protection of property.-(1) Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property. (2) This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate. 270. When probate or administration may be granted by District Judge. 270. When probate or administration may be granted by District Judge.-Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge. 271. Disposal of application made to Judge of district in which deceased had no fixed abode. 271. Disposal of application made to Judge of district in which deceased had no fixed abode.When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction. 272. Probate and letters of administration may be granted by Delegate. 272. Probate and letters of administration may be granted by Delegate.-Probate and letters of administration may, upon application for that purpose to any District Delegate, be granted by him in any case in which there is no contention, if it appears by petition, verified 141 as hereinafter provided, that the testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. 273. Conclusiveness of probate or letters of administration. 273. Conclusiveness of probate or letters of administration.- Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probates and letters of administration granted-- (a) by a High Court, or (b) by a District Judge,

where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout 1*[the other States 2*]. 3*[The proviso to this section shall apply in 4*[India] 5* after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.] 6*[The proviso shall also apply in 4*[India] 7* 8* after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in proceedings pending at that date, in any of the territories which on that date constituted Pakistan.] --------------------------------------------------------------------- 1 Subs. by the A.O. 1948 for "the whole of British India". 2 The words "of India" omitted by the A.O. 1950. 3 Ins. by the A.O. 1937. 4 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 5 1st April, 1937. 6 Added by the A.O. 1948. 7 The words "of India" omitted by Act 42 of 1953, s. 4 and Sch. III. 8 15th August, 1947. 142 274. Transmission to High Courts of certificate of grants under proviso to section 273. 274. Transmission to High Courts of certificate of grants under proviso to section 273.-(1) Where probate or letters of administration has or have been granted by a High Court or District Judge with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a certificate thereof to the following Courts, namely:-- (a) when the grant has been made by a High Court, to each of the other High Courts; (b) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to each of the other High Courts. (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same. 275. Conclusiveness of application for probate or administration if properly made and verified. 275. Conclusiveness of application for probate or administration if properly made and verified.-The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court. 276. Petition for probate. 276. Petition for probate.-(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-- (a) the time of the testator's death. (b) that the writing annexed is his last will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner's hands, and 143 (e) when the application is for probate, that the petitioner is the executor named in the will. (2) In addition to these particulars, the

petition shall further state,-- (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. 277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator. 277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.-In cases wherein the will, copy or draft, is written in any language other than English or than that in ordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely:-- "I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.". 278. Petition for letters of administration. 278. Petition for letters of administration.-(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating-- (a) the time and place of the destator's death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner's hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of 144 abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. 279. Addition to statement in petition, etc., for probate or letters of administration in certain cases. 279. Addition to statement in petition, etc., for probate or letters of administration in certain cases.-(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for probate of a will or letters of administration of an estate intended to have effect throughout 1*[India], shall state in his petition, in addition to the matters respectively required by section 276 and section 278, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same. 280. Petition for probate, etc., to be signed and verified. 280. Petition for probate, etc., to be signed and verified.-The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely:-"I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to

the best of my information and belief.". 281. Verification of petition for probate, by one witness to will. 281. Verification of petition for probate, by one witness to will.-Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in the manner or to the effect following, namely:-- "I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 145 I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last will and testament in my presence).". 282. Punishment for false averment in petition or declaration. 282. Punishment for false averment in petition or declaration.-If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal Code. (45 of 1860.) 283. Powers of District Judge. 283. Powers of District Judge.-(1) In all cases the District Judge or District Delegate may, if he thinks proper,-(a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. (2) The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct. (3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation. 284. Caveats against grant of probate or administration. 284. Caveats against grant of probate or administration.-(1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place 146 of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same. Form of caveat. (4) The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V. 285. After entry of caveat, no proceeding taken on petition until after notice to caveator. 285. After entry of caveat, no proceeding taken on petition until after notice to caveator.-No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable. 286. District Delegate when not to grant probate or administration. 286. District Delegate when not to grant probate or administration.-A District Delegate shall not grant probate or letters of

administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court. Explanation.--"Contention" means the appearance of any one in person, or by his recognised agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding. 287. Power to transmit statement to District Judge in doubtful cases where no contention. 287. Power to transmit statement to District Judge in doubtful cases where no contention.-In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the District Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge. 288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court. 288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court.-In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it 147 necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge. 289. Grant of probate to be under seal of Court. 289. Grant of probate to be under seal of Court.-When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI. 290. Grant of letters of administration to be under seal of Court. 290. Grant of letters of administration to be under seal of Court.When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII. 291. Administration-bond. 291. Administration-bond.-(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. (2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person-- (a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate. (b) the District Judge may demand a like bond from any person to whom probate is granted. 292. Assignment of administration-bond. 292. Assignment of administration-bond.-The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his or their own

name or names as if the same had been originally given to him or them instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all person interested, the full amount recoverable in respect of any breach thereof. 293. Time for grant of probate and administration. 293. Time for grant of probate and administration.No probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall 148 be granted until after the expiration of fourteen clear days, from the day of the testator or intestate's death. 294. Filing of original wills of which probate or administration with will annexed granted. 294. Filing of original wills of which probate or administration with will annexed granted.-(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established. (2) The State Government shall make regulations for the preservation and inspection of the wills so filed. 295. Procedure in contentious cases. 295. Procedure in contentious cases.-In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908.) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant. 296. Surrender of revoked probate or letters of administration. 296. Surrender of revoked probate or letters of administration.- (1) When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the Court which made the grant. (2) If such person wilfully and without reasonable cause omits so to deliver up the probate or letters, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months, or with both. 297. Payment to executor or administrator before probate or administration revoked. 297. Payment to executor or administrator before probate or administration revoked.-When a grant of probate or letters of administration is revoked, all payments bona fide made to any executor or administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who has acted under any such revoked grant may retain and reimburse himself in respect of any payments made by him which the person to whom probate or letters of administration may after wards be granted might have lawfully made. 298. Power to refuse letters of administration. 298. Power to refuse letters of administration.-Notwithstanding anything hereinbefore contained, it shall, where the deceased was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for reasons 149 to be recorded by it in writing, to grant any application for letters of administration made under this Act. 299. Appeals from orders of District Judge. 299. Appeals from orders of District Judge.-Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908.), applicable to appeals. 300. Concurrent jurisdiction of High Court. 300. Concurrent jurisdiction of High Court.-(1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court,

in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay 1* shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. 301. Removal of executor or administrator and provision for successor. 301. Removal of executor or administrator and provision for successor.-The High Court may, on application made to it, suspend, remove or discharge any private executor or administrator and provide for the succession of another person to the office of any such executor or administrator who may cease to hold office, and the vesting in such successor of any property belonging to the estate. 302. Directions to executor or administrator. 302. Directions to executor or administrator.Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof. CHAPTER V Of Executors of their own Wrong CHAPTER V Of Executors of their own Wrong 303. Executor of his own wrong. 303. Executor of his own wrong.-A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. --------------------------------------------------------------------- 1 The words "and the province of Burma" omitted by the A. O. 1937. 150 Exceptions.--(1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. Illustrations (i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or legacy or receives payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong. 304. Liability of executor of his own wrong. 304. Liability of executor of his own wrong.-When a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his hands after deducting payments made to the rightful executor or administrator, and payments made in due course of administration. CHAPTER VI Of the Powers of an Executor or Administrator CHAPTER VI Of the Powers of an Executor or Administrator 305. In respect of causes of action surviving deceased and debts due at death. 305. In respect of causes of action surviving deceased and debts due at death.-An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased, and may exercise the same power for the recovery of debts as the deceased has when living. 306. Demands and rights of action of or against deceased survive to and against executor or administrator. 306. Demands and rights of action of or against deceased survive to and against executor or administrator.-All demands whatsoever and all rights to prosecute or defend any action or special

proceeding existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code, (45 of 1860.) or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory. 151 Illustrations (i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. The cause of action does not survive. (ii) A sues for divorce. A dies. The cause of action does not survive to his representative. 307. Power of executor or administrator to dispose of property. 307. Power of executor or administrator to dispose of property.- (1) Subject to the provisions of sub-section (2), an executor or administrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Illustrations (i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The bale is valid. (ii) The executor in the exercise of his discretion mortgages a part of the immoveable estate of the deceased. The mortgage is valid. (2) If the deceased was Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub- section (1) shall be subject to the following restrictions and conditions, namely:-- (i) The power of an executor to dispose of immoveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immoveable property specified in the order in a manner permitted by the order. (ii) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,-- (a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immoveable property for the time being vested in him under section 211, or (b) lease any such property for a term exceeding five years. (iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may 152 be, is voidable at the instance of any other person interested in the property. (3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub- section (2) or of sub-section (1) and clauses (ii) and (iii) of sub- section (2), as the case may be. (4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by sub- section (3) not having been made thereon or attached thereto, not shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section. 308. General powers of administration. 308. General powers of administration.-An executor or administrator may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him incur expenditure-- (a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him, and (b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. 309. Commission or agency charges. 309. Commission or agency charges.-An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time

being fixed in respect of the Administrator-General by or under the AdministratorGeneral's Act, 1913 (3 of 1913). 310. Purchase by executor or administrator of deceased's property. 310. Purchase by executor or administrator of deceased's property.-If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold. 311. Powers of several executors or administrators exercisable by one. 311. Powers of several executors or administrators exercisable by one.-When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the will or taken out administration. 153 Illustrations (i) One of several executors has power to release a debt due to the deceased. (ii) One has power to surrender a lease. (iii) One has power to sell the property of the deceased whether moveable or immoveable. (iv) One has power to assent to a legacy. (v) One has power to endorse a promissory note payable to the deceased. (vi) The will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can be done by a single executor. 312. Survival of powers on death of one of several executors or administrators. 312. Survival of powers on death of one of several executors or administrators.-Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor. 313. Powers of administrator of effects unadministered. 313. Powers of administrator of effects unadministered.-The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator. 314. Powers of administrator during minority. 314. Powers of administrator during minority.-An administrator during minority has all the powers of an ordinary administrator. 315. Powers of married executrix or administratrix. 315. Powers of married executrix or administratrix.-When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator. CHAPTER VII Of the Duties of an Executor or Administrator CHAPTER VII Of the Duties of an Executor or Administrator 316. As to deceased's funeral. 316. As to deceased's funeral.-It is the duty of an executor to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose. 317. Inventory and account. 317. Inventory and account.-(1) An executor or administrator shall, within six months from the grant of probate or letters of administration, or within such further time as the Court which granted the probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or adminis- 154 trator is entitled in that character; and shall in like manner, within one year from the grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing the assets which have come to his hands and the manner in which they have been applied or disposed of. (2) The High Court may prescribe the form in which an inventory or account under this section is to be exhibited. (3) If an executor or administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed an offence under section 176 of the Indian Penal Code (45 of 1860.). (4) The exhibition of an intentionally false inventory or account under this section shall be

deemed to be an offence under section 193 of that Code. 318. Inventory to include property in any part of India in certain cases. 318. Inventory to include property in any part of India in certain cases.-In all cases where a grant has been made of probate or letters of administration intended to have effect throughout 1*[India] 2*, the executor or administrator shall include in the inventory of the effects of the deceased all his moveable and immoveable property situate in 1*[India], and the value of such property situate in each state shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within 1*[India]. 319. As to property of, and debts owing to, deceased. 319. As to property of, and debts owing to, deceased.The executor or administrator shall collect, with reasonable diligence, the property of the deceased and the debts that were due to him at the time of his death. 320. Expenses to be paid before all debts. 320. Expenses to be paid before all debts.-Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and board and lodging for one month previous to his death, shall be paid before all debts. 321. Expenses to be paid next after such expenses. 321. Expenses to be paid next after such expenses.-The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, shall be paid next after the funeral expenses an