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Home > Indian Bare Acts > >
INDIAN BARE ACTS
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Title : THE INDIAN PENAL CODE, 1860

Year : 1860

Act : 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 Zs 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
mothers 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 sword-cut 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 Zs 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, Zs 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 As 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 Zs 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 Bs rage, and to cause
him to kill Z, puts a knife INTO Bs 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 offenders 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 Zs 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 life-convicts.-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 As keeping; A has not yet
committed the offence in this section. A places the food on Zs table
or delivers it to Zs servants to place it on Zs 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 womans consent.


313. Causing miscarriage without womans 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 womans consent.


if act done without womans 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 culpable
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 Zs face, gives Z a blow which does not permanently
disfigure Zs 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 others body, or with anything which that other is
wearing or carrying, or with anything so situated that such contact
affects that others 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 persons 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 persons part. A has therefore
intentionally used force to Z; and if he has done so without Zs
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 Zs 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 Zs 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 Zs
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 Zs 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 Zs
clothes, or with something carried by Z, or that it will strike water,
and dash up the water against Zs 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 Zs clothes, A has used
force to Z, and if he did so without Zs consent, intending thereby to
injure, frighten or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a Womans 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 Zs
sense of feeling, A has therefore intentionally used force to Z; and
if he has done this without Zs 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 Zs 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 womens or childrens
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 womens 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.-"womens or childrens 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 womens or childrens 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 womens or childrens 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 "womens or childrens 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.




Last updated on February, 2008
 
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