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offences
outside India.
Abetment
outside India
for offence in |
India.18THE GAZETTE OF INDIA EXTRAORDINARY[Part II—_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Illustration.
A, in country X, instigates B, to commit a murder in India,Ais guilty of abetting murder.
49.Whoever abets any offence shall, if the act abetted is committed in consequence of
the abetment, and no express provision is made by this Sanhita 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 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.
(b) 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.
50.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. |
51.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:
Provided that 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. |
52. If the act for which the abettor is liable under section 51 is committed in addition to
the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each
of the offences.Punishment of
abetment if
act abetted is |
committed in
consequence
and where no
express
provision is |
made for its
punishment.
Punishment of
abetment if
person abetted |
does act with
different
intention
from that of
abettor. |
Liability of
abettor when
one act
abetted and
different act |
done.
Abettor when
liable to
cumulative
punishment |
for act abetted
and for act
done.Sec. 1]THE GAZETTE OF INDIA EXTRAORDINARY19_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________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.
53.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. |
54.Whenever any person, who is 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.
55.Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the abetment, |
and no express provision is made under this Sanhita 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; 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 imprisonment for life. Therefore, Ais
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.
56.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 under this
Sanhita 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; 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 instigates B to give false evidence. Here, if B does not give false evidence, Ahas
nevertheless committed the offence defined in this section, and is punishable accordingly.Liability of |
abettor for an
effect caused
by act abetted
different from
that intended |
by abettor.
Abettor
present when
offence is
committed. |
Abetment of
offence
punishable
with death or
imprisonment |
for life.
Abetment of
offence
punishable
with |
imprisonment.20THE GAZETTE OF INDIA EXTRAORDINARY[Part II—_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(b) 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 one-half of the longest
term of imprisonment provided for that offence, and also to fine.
(c) 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.
57.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 seven years and with fine.
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.
58.Whoever intending to facilitate or knowing it to be likely that he will thereby |
facilitate the commission of an offence punishable with death or imprisonment for life,
voluntarily conceals by any act or omission, or by the use of encryption or any other
information hiding tool, the existence of a design to commit such offence or makes any
representation which he knows to be false respecting such design shall,––
(a) if that offence be committed, be punished with imprisonment of either |
description for a term which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for
a term which may extend to three years,
and 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.
59.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 omission or by the use of encryption
or any other information hiding tool, the existence of a design to commit such offence, or
makes any representation which he knows to be false respecting such design shall,––
(a) 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; or
(b) if the offence be punishable with death or imprisonment for life, with
imprisonment of either description for a term which may extend to ten years; or
(c) 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 so facilitate the commission of that offence.Abetting
commission of
offence by
public or by |
more than ten
persons.
Concealing
design to
commit |
offence
punishable
with death or
imprisonment
for life. |
Public servant
concealing
design to
commit
offence which |
it is his duty
to prevent.Sec. 1]THE GAZETTE OF INDIA EXTRAORDINARY21_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________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.
60.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 shall,––
(a) 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
(b) if the offence be not committed, to one-eighth, |
of the longest term of such imprisonment, or with such fine as is provided for the offence, or
with both.
Of criminal conspiracy
61.(1) When two or more persons agree with the common object to do, or cause to be
done–– |
(a) an illegal act; or
(b) 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.
(2) Whoever is a party to a criminal conspiracy,––
(a) to commit an offence punishable with death, imprisonment for life or rigorous |
imprisonment for a term of two years or upwards, shall, where no express provision is
made in this Sanhita for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence;
(b) 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.
Of attempt
62.Whoever attempts to commit an offence punishable by this Sanhita with
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 Sanhita for the punishment of such attempt, be punished with
imprisonment of any description provided for the offence, for a term which may extend to
one-half of the imprisonment for life or, as the case may be, one-half of the longest term of
imprisonment provided for that offence, or with such fine as is provided for the offence, or
with both. |
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. Ais guilty under this
section.Concealing
design to
commit
offence |
punishable
with
imprisonment.
Criminal
conspiracy. |
Punishment for
attempting to
commit
offences
punishable with |
imprisonment
for life or
other
imprisonment.22THE GAZETTE OF INDIA EXTRAORDINARY[Part II—_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________CHAPTERV
OF OFFENCES AGAINST WOMAN AND CHILD |
Of sexual offences
63.A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of
a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, |
into the vagina, the urethra or anus of a woman or makes her to do so with him or any
other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into
the vagina, urethra, anus or any part of body of such woman or makes her to do so with
him or any other person; or |
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do
so with him or any other person,
under the circumstances falling under any of the following seven descriptions:—
(i) against her will;
(ii) without her consent; |
(iii) 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;
(iv) 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; |
(v) 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;
(vi) with or without her consent, when she is under eighteen years of age; |
(vii) when she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also includelabia
majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman
by words, gestures or any form of verbal or non-verbal communication, communicates |
willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall
not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1.––A medical procedure or intervention shall not constitute rape.
Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife |
not being under eighteen years of age, is not rape.
64.(1) Whoever, except in the cases provided for in sub-section (2), commits rape,
shall be punished with rigorous imprisonment of either description for a term which shall not
be less than ten years, but which may extend to imprisonment for life, and shall also be liable
to fine. |
(2) Whoever,—
(a) being a police officer, commits rape,—Rape.
Punishment
for rape.Sec. 1]THE GAZETTE OF INDIA EXTRAORDINARY23_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(i) within the limits of the police station to which such police officer is
appointed; or |
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a
police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s
custody or in the custody of a public servant subordinate to such public servant; or |
(c) being a member of the armed forces deployed in an area by the Central
Government or a State Government commits rape in such area; or
(d) 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, commits rape on any inmate of such jail, remand home, place |
or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a
woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or
authority towards the woman, commits rape on such woman; or |
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on
such woman; or |
(k) commits rape on a woman suffering from mental or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or
endangers the life of a woman; or
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten |
years, but which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section,—
(a) “armed forces” means the naval, army and air forces and includes any member
of the Armed Forces constituted under any law for the time being in force, including |
the paramilitary forces and any auxiliary forces that are under the control of the Central
Government or the State Government;
(b) “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; |
(c) “police officer” shall have the same meaning as assigned to the expression
“police” under the Police Act, 1861;
(d) “women’s or children’s institution” means an institution, whether called an
orphanage or a home for neglected women or children or a widow’s home or an
institution called by any other name, which is established and maintained for the |
reception and care of women or children.5 of 1861.24THE GAZETTE OF INDIA EXTRAORDINARY[Part II—_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________65.(1) Whoever, commits rape on a woman under sixteen years of age shall be
punished with rigorous imprisonment for a term which shall not be less than twenty years,
but which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and |
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the
victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished
with rigorous imprisonment for a term which shall not be less than twenty years, but which |
may extend to imprisonment for life, which shall mean imprisonment for the remainder of that
person’s natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the |
victim.
66.Whoever, commits an offence punishable under sub-section (1) or sub-section (2)
of section 64 and in the course of such commission inflicts an injury which causes the death
of the woman or causes the woman to be in a persistent vegetative state, shall be punished
with rigorous imprisonment for a term which shall not be less than twenty years, but which |
may extend to imprisonment for life, which shall mean imprisonment for the remainder of that
person’s natural life, or with death.
67. Whoever has sexual intercourse with his own wife, who is living separately, whether
under a decree of separation or otherwise, without her consent, shall be punished with
imprisonment of either description for a term which shall not be less than two years but |
which may extend to seven years, and shall also be liable to fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned
in clauses (a) to (d) of section 63.
68.Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or |
(b) a public servant; or
(c) 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 a women’s or children’s
institution; or
(d) on the management of a hospital or being on the staff of a hospital, |
abuses such position or fiduciary relationship to induce or seduce any woman either in his
custody or under his charge or present in the premises to have sexual intercourse with him,
such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous
imprisonment of either description for a term which shall not be less than five years, but
which may extend to ten years, and shall also be liable to fine. |
Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts
mentioned in clauses (a) to (d) of section 63.
Explanation 2.—For the purposes of this section,Explanation 1 to section 63 shall
also be applicable.
Explanation 3.—“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 such person can exercise any
authority or control over its inmates.Punishment
for rape in
certain cases. |
Punishment for
causing death
or resulting in
persistent
vegetative |
state of victim.
Sexual
intercourse by
husband upon
his wife during |
separation.
Sexual
intercourse by
a person in
authority.Sec. 1]THE GAZETTE OF INDIA EXTRAORDINARY25_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Explanation 4.—The expressions “hospital” and “women’s or children’s institution” |
shall respectively have the same meanings as in clauses (b) and (d) of theExplanation to
sub-section (2) of section 64.
69.Whoever, by deceitful means or by making promise to marry to a woman without
any intention of fulfilling the same, has sexual intercourse with her, 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 ten years and shall also be liable to fine.
Explanation.—“deceitful means” shall include inducement for, or false promise of
employment or promotion, or marrying by suppressing identity.
70. (1) Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committed |
the offence of rape and shall be punished with rigorous imprisonment for a term which shall
not be less than twenty years, but which may extend to imprisonment for life which shall
mean imprisonment for the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim: |
Provided further that any fine imposed under this sub-section shall be paid to the
victim.
(2) Where a woman under eighteen years of age is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each of those persons
shall be deemed to have committed the offence of rape and shall be punished with |
imprisonment for life, which shall mean imprisonment for the remainder of that person’s
natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the |
victim.
71.Whoever has been previously convicted of an offence punishable under
section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an
offence punishable under any of the said sections shall be punished with imprisonment for
life which shall mean imprisonment for the remainder of that person’s natural life, or with |
death.
72.(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 64 or section 65 or
section 66 or section 67 or section 68 or section 69 or section 70 or section 71 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 a child 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.Sexual
intercourse |
by employing
deceitful
means, etc.
Gang rape.
Punishment |
for repeat
offenders.
Disclosure of
identity of
victim of |
certain
offences, etc.26THE GAZETTE OF INDIA EXTRAORDINARY[Part II—_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________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 Government or the State Government.
73.Whoever prints or publishes any matter in relation to any proceeding before a |
Court with respect to an offence referred to in section 72 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. |
Of criminal force and assault against woman
74.Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which shall not be less than one year but which
may extend to five years, and shall also be liable to fine. |