Indian Penal Code, 1860

[Act, No. 45 of 1860]1

[ 6 th October, 1860 ]

Preamble

Whereas it is expedient to provide a general Penal Code for 2[India];

It is enacted as follows:--

Footnotes:

1. The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared in force in--

Sonthal Parganas, by the Sonthal parganas Settlement Regulation 1872 (3 of 1872) Section 2; panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Section 2 and Schedule; Khondmals District, by the Khondmals Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule.

It has been declared under Section 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: the United Provinces tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gazetta, 1899, Pt. I, p. 44) and Manbhum and Pargana. Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504.

It has been extended under Section 5 of the same Act to the Lushai Hills, see Gazette of India, 1898, Pt. II, p. 345.

The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, Section 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Sch I. I; to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, Section 3 and Schedule

It has been extended to the State of Sikkim w.e.f. 13-9-1994 vide Notification No. S.O. 516(E), dated 9th July, 1994.

2. The words "British India" have successively been substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

Section 1 - Title and extent of operation of the Code

This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2[except the State of Jammu and Kashmir].]

Footnotes:

1. The original words have successively been amended by Act 12 of 1891, section 2 and Schedule I, the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2 . Substituted by Act 3 of 1951, section 3 and Schedule, for "except Part B States".

Section 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 within1[India]2[***].

Footnotes:

1. The original words "the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

2 . The words and figures "on or after the said first day of May, 1861" rep. by Act 12 of 1891, section 2 and Schedule I.

Section 3 - Punishment of offences committed beyond, but which by law may be tried within, India

Any person liable, by any 1[Indian law] to be tried for an offence committed beyond 2[India] shall be dealt with according to the provisions of this Code for any act committed beyond 2[India] in the same manner as if such act had been committed within 3[India].

Footnotes:

1. Substituted by the A.O. 1937 for "law passed by the Governor General of India in Council".

2. The original words "the limits of the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

3. The original words "the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.

Section 1[4. Extension of Code to extra-territorial offences

The provisions of this Code apply also to any offence committed by--

2[(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.]

9[(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.]

10[Explanation--In this section--

(a) the word "offence" includes every act committed outside India which, if committed in India, would be punishable under this Code;

(b) the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000(21 of 2000).']

4[Illustration]

5[***] A,6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3 [India] in which he may he found.

8[***]

Footnotes:

1. Substituted by Act 4 of 1898, section 2, for the original section.

2. Substituted by the A.O. 1950, for clauses (1) to (4).

3. The words "British India" have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

4. Substituted by Act 36 of 1957, section 3 and Schedule II, for "Illustrations" (w.e.f. 17-9-1957).

5. The brackets and letter "(a)" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957).

6. Substituted by the A.O. 1948, for "a coolie, who is a Native Indian subject".

7. Substituted by the A.O. 1950, for "a British subject of Indian domicile".

8. Illustrations (b), (c) and (d) omitted by the A.O. 1950.

9. Inserted vide Information Technology (Amendment) Act, 2008 (10 of 2009), section 51, w.e.f. 27.10.2009.

10. Substituted vide Information Technology (Amendment) Act, 2008 (10 of 2009) previous text was:-

"Explanation.--In this section the word "offence" includes every act committed outside 3 [India] which, if committed in 3 [India], would be punishable under this Code."

Chapter 2 - General Explanations

Section 1 [ 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 provisions of any special or local law.]

Footnote:

1. Substituted by the A.O. 1950, for the original section.

Section 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 is done by a 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".

Section 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.

Section 8 - Gender

The pronoun "he" and its derivatives are used of any person, whether male or female.

Section 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.

Section 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.

Section 11 - "Person"

The word "person" includes any Company or Association or body of persons, whether incorporated or not.

Section 12 - "Public"

The word "public" includes any class of the public, or any community.

Section 13 - "Queen" [Repealed]

[Repealed by the A.O. 1950.]

Section 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.]

Footnote:

1. Substituted by the A.O. 1950, for the original section.

Section 15 - "British India" [Repealed]

[Repealed by the A.O. 1937.]

Section 16 - "Government of India" [Repealed]

[Repealed by the A.O. 1937.]

Section 1 [17. "Government"

The word "Government" denotes the Central Government or the Government of a2[***] State.]

Footnote:

1. Substituted by the A.O. 1950, for the original section.

2. The word and letter "Part A" omitted by Act 3 of 1951, section 3 and Schedule

Section 1 [18. "India"

"India" means the territory of India excluding the State of Jammu and Kashmir.]

Footnote:

1 . Substituted by Act 3 of 1951, section 3 and Schedule, for the former section which was Inserted by the A.O. 1950. The original section 18 was rep. by the A.O. 1937.

Section 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 is 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...

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