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Criminal law (Cr.P.C) & IPC

(Important rules & section)

K.RAJKUMAR B.com., B.A., LL.B.,

Student DR. Ambedkar Govt Law College Pudhucherry

© 2008

2

S.No.

CONTENTS

PAGE

1

ABBREVATION CHART OF REPORTS

3

2

OTHER ABBREVATION

5

3

LEADING AND RECENT JUDGEMENTS ON F.I.R.

5

ABBREVATION

4

CRIMINAL CASES (COURTS)

6

5

POWER OF COURT

6

6

IMPORTANT DEFINITIONS

6

7

IMPORTANT PROVISIONS UNDER THE CRIMINAL

7

RULES OF PRACTISE CHAPTER RULES

8

IMPORTANT PROVISION IN THE CODE OF CRIMINAL

8

PROCEDUCRE 1973

9

PRIVATE COMPLAINTS

9

10

CRIMINAL REVISION (SEC 397 to 401) Cr.P.C.

10

11

FILLING PAPERS

11

12

LIMITATION

11

13

COURT FEE

11

14

CRIMINAL APPEALS (SEC 372 to 394) Cr.P.C.

12

[LIMITATION, COURT FEE]

K.RAMKUMAR B.A., LL.B.,

3

ABBREVATION CHART OF REPORTS

1 A.C.

APPEAL CASE, LAW REPORTS FROM 1891

2 A.I.R.

ALL INDIA REPORTER 1914

3 A.L.J.

ALLAHABAD LAW JOURNAL

4 I.L.R. And.

INDIAN LAW REPORTS, ANDHRA SERIES

5 A.W.N.

ALLAHABAD WEEKLY NOTES

6 All.

I.L.R. ALLAHABAD SERIES

7 All.E.R.

ALLL ENGLAND REPORTS

8 App. Cas.

APEAL CASES; LAW REPORTS

9 I.L.R. Ass.

I.L.R. ASSAM

10 Beng. L.R.

BENGAL LAW REPORTS

11 Bom.

I.L.R. BOMBAY

12 B.H.C.

BOMBAY HIGH COURT

13 Bom. L.R.

BOMBAY LAW REPORTS

14 Burma L.R.

BURMA LAW REPORTS

15 B.L.J.

BIHAR LAW JUDGMENTS

16 Cal.

I.L.R. CALCUTTA

17 C.L.J.

CALCUTTA LAW JOURNAL

18 C.L.R.

CALCUTTA LAW REPORTS

19 C.W.N.

CALCUTTA WEEKLY NOTES

20 Ch.

LAW REPORTS, CHANCERY DIVISION

21 Ch. D.

CHENCERY DIVISION, LAW REPORTS

22 Coke.

COKE’S REPORTS

23 Cox.

COX’S CRIMINAL CASES

24 Cr.L.C.

BIHAR LAW TIMES (REPORTS)

25 Cr.L.J.

CRIMINAL LAW CASES

26 Cri.L.J.

CRIMINAL LAW JOURNAL (AIR PUBLICATION)

27 Cut.

I.L.R. CUTTACK

28 G.L.R.

GUJARAT LAW REPORTER

29 I.A.

INDIAN APPEALS

30 Ind. Jur. N.S.

INDIAN JURIST NEW SERIES

31 Ind. Jur. O.S.

INDIAN JURIST OLD SERIES

32 I.L.R.

INDIAN LAW REPORTS

33 J.T.

JUDGMENTS TO-DAY

34 Ker.L.R.

KERALA LAW REPORTER

35 Ker.L.T.

KERALA LAW TIMES

36 Kar.

I.L.R. KARACHI

37 Kerala.

I.L.R. KERALA

38 L.B.R.

LOWER BURMA RULLINGS

39 L.J.

LAW JOURNAL

K.RAMKUMAR B.A., LL.B.,

4

40

L.R.

LAW REPORTS

41

L.T.

LAW TIMES

42

L.W. (Crl).

THE LAW WEEKLY (CRIMINAL)

43

Lah.

I.L.R. LAHORE

44

Luck.

I.L.R. LUKNOW

45

Mad.

I.L.R. MADRAS

46

M.H.C.

MADRAS HIGH COURT REPORTS

47

M.L.J.

MADRAS LAW JOURNAL

48

M.L.T.

MADRAS LAW TIMES

49

M.L.W.

MADRAS LAW WEEKLY

50

M.W.N.

MADRAS WEEKLY NOTES

51

Mayne.

MAYNE’S CRIMINAL LAW OF INDIA

52

Nag.

L.R. NAGPUR

53

N.L.J.

NAGPUR LAW JOURNAL

54

P.L.J.

PATNA LAW JOURNAL

55

P.L.R.

PUNJAB LAW JOURNAL

56

P.C.

PRIVY COUNCIL

57

P.R.

PUNJAB RECORDS

58

P.W.R.

PUNJAB WEEKLY REPORTS

59

Pun.

I.L.R. PUNJAB

60

Pat.

I.L.R. PATNA

61

Q.B.

QUEENS BENCH, LAW REPORTS

62

Q.B.D.

LAW REPORTS, QUEENS BENCH DIVISIONS

63

Raj.

I.L.R. RAJASTAN

64

Ran.

I.L.R. RANGOON

65

S.C.C.

SUPREME COURT CASES

66

S.C.J.

SUPREME COURT JOURNAL

67

S.C.R.

SUPREME COURT REPORTS

68

S.C.W.

SUPREME COURT WEEKLY REPORTS

69

S.L.R.

SIND LAW REPORTER

70

Unrep. Cr. C.

UNREPORTED CRIMINAL CASES

72

Weir.

WEIR’S LAW OF OFFENCES AND CRIMINAL LAW

73

W.R.

WEEKLY REPORTER, CALCUTTA

74

T.L.N.J.

TAMILNADU LAW NOTES JOURNAL

75

S.C.C.

SUPREME COURT CASES

K.RAMKUMAR B.A., LL.B.,

5

 

OHER ABBREVATIONS

1

Cr.P.C

CRIMINAL PROCEDURE CODE

2

I.P.C

INDIAN PENAL CODE

3

U/S

UNDER SSECTION

4

S.

SECTION

5

P.S.O

POLICE STANDING ORDERS

6

G.D

GENERAL DIARY

7

F.I.R

FIRST INFORMATION REPORT

8

I.O

INVESTIGATION OFFICER

9

N.O.C

NOTES OF CASES

LEADING AND RECENT JUDGEMENTS ON F.I.R ABBREVIATIONS

1

AFR.

Affirmed

2

APL.

Applied

3

APR.

Approved

4

C.

Considered

5

C.&F.

Considered and Followed

6

D.

Distinguished

7

E.

Explained

8

E.&D.

Explained & distinguished

9

E.&F.

Explained & Followed

10

E.&R.

Explained & Relied

11

F.

Followed

12

HO.

Held Obiter

13

O.

Overruled

14

OPN.

Opinion not expressed

15

NF.

Not followed

16

MV.

Minority view

17

R.

Relied on

18

RF.

Referred

K.RAMKUMAR B.A., LL.B.,

6

CRIMINAL CASES

(FILLING AND PRACTICE)

JUDICIAL SECOND CLASS MAGISTRATE COURT.

FIRST CLASS MAGISTRATE’S COURT.

SUB-DIVISIONAL JUDICIAL MAGISTRATE’S COURT.

CHIEF JUDICIAL MAGISTRATE COURT IN MADRAS. CITY, METROPOLITAN MAGISTRATE’S COURT & CHIEF METROPOLITAN MAGISTRATE’S COURT.

ASSISTANT SESSIONS COURT.

DISTRICT SESSIONS COURT.

HIGH COURT.

SUPREME COURT.

POWERS OF COURT

1

Judicial Second Class Magistrate

Sentence upto One year or Fine

2

First Class and Sub-Divisional Judicial Magistrates

Sentence upto 3 years of fine upto five Thousand rupees, or of both

3

Assistant session judge

Sentence upto 10 years. Fine no limit

4

Chief judicial or chief metropolitan

Sentence upto 7 years and fine no limit

5

Sessions judge or additional sessions judge

Any sentence, but sentence of death subject to confirmation by the High court

6

High Court

Any sentence

7

Supreme Court

Any sentence

IMPORTANT DEFINITIONS

‘Bailable offence’ means an offence which is shown as bailable in the first schedule of Cr.P.C. or which is made bailable by any other law for the time being in force; and “non bailable offence” means any other offence;

‘Cognizable offence’ means an offence for which , and “ Cognizable Case” means a case in which a policy officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

may, in accordance with the First Schedule or under any other law for the time being
may, in accordance with the First Schedule or under any other law for the time being

K.RAMKUMAR B.A., LL.B.,

7

‘Non-cognizable Offence’ means an offence for which, and ‘non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant.

‘Summonse-case’ means a case relating to an offence, and not being a warrant case;

‘Warrant-case’ means a case relating to an offence punishable with death, imprisement for a term exceeding two years.

IMPORTANT PROVISIONS UNDER THE CRIMINAL RULES OF PRACTICE CHAPTER RULES

S.No.,

CHAPTER

RULES

1

PRELIMINARY

1-5

2

PROCESS SUMMONSES AND WARRANTS

6-20

3

INVESTIGATION AND PROSECUTION BY POLICE

21-68

4

MAGISTRATES, COURTS

69-100

5

PRESIDENCY MAGISTRATES

101-147

6

BENCHES OF MAGISTRATES

148-153

7

COURTS OF SESSION

154-188

8

HIGH COURT

189-247

9

APPEALS

248-270

10

REFERENCE AND REVISION

271-279

11

EXECUTION OF SENTENCES AND DISPOSAL OF PROPERTY

280-297

12

RULES FOR LEVY OF FINES

298

13

SUPERVISION OF SUBORDINATE CRIMINAL COURTS

229

14

RECORDS, I-INSPECTION AND COPIES

331-356

15

RECORDS, II-PRODUCTION AND SUBMISSION AND DESTRUCTION RULES

357-376

16

BATTA PROCEDURES

337 to 424 Offences etc.,

K.RAMKUMAR B.A., LL.B.,

8

IMPORTANT PROVISIONS IN THE CODE OF CRIMINAL PROCEDURE, 1973

S.No

SECTION

.

 

1

TO RECALL BAILABLE OR NON-BAILABLE WARRANT

72(2)

2

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING

91

3

TO ISSUE SEARCH-WARRANT FOR PERSONS WRONGFULLY CONFINED

97

4

TO RESTORE WRONGFULLY CONFINED FEMALES

98

5

PETITION FOR MAINTENANCE TO WIVES CHILDREN AND PARENTS

125

6

ALTERATION IN ALLOWANCE

128

7

E.P. FOR MAINTENANCE

133

8

PROCEDURE WHERE DISPUTE CONCERNING LAND OR WATER IS LIKELY TO CAUSE BREACH OF PACE

145

9

TO SEND PETITION TO SUPERINTENDENT OF POLICE ON THE REFUSAL OF THE STATIO POLICE OFFICERS

154(3)

10

FOR PRIVATE COMPLAINT

200

11

TO DISPENSE WITH PERSONAL APPEARANCE OF ACCUSED

205

12

DISCHARGE BEFORE SESSIONS COURT

227

13

TO DEFER OR TO RECALL WITNESSES FOR CROSS EXAMINATION IN SESSIONS TRIAL

231(2)

14

TO DEFER OR TO RECALL WITNESS FOR CROSS EXAMINATION IN WARRANT CASES

242(3)

15

TO PLEAD GUILITY AND TO PAY FINE IN PETTY CASES BY THE ADVOCATES

253(2)

16

TO SUMMON A WITNESS IN SUMMONS CASES

254(2)

17

TO ACQUIT THE ACCUSED ON THE ABSENCE OF COMPLAINANT OR PROSECUTION

256

18

FOR ADJOURNMENTS

309

19

TO SUBMIT WRITTEN ARGUMENTS

314

20

FOR THE EXAMINATION OF ACCUSED ON HIS OWN REQUEST

315

21

TO DISPENSE WITH THE PERSONAL ATTENDANCE OF THE ACCUSED

317

K.RAMKUMAR B.A., LL.B.,

9

22

TO COMPOUND OFFENCE

320

23

ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER ADMONITION

360

24

APPEALS FROM CONVICTIONS

374&382

25

APPEALS FROM ACQUITTAL

378

26

SUSPENSION OF SENTENCE

389

27

SUSPENSION OF SENTENCE BY TRIAL COURT

391

28

REFERENCE

395

29

REVISION

397

30

TRANSFER OF CASES

406

to 408

31

POWER TO SUSPEND OF REMIT SENTENCES BY COURT

432

32

BAIL IN BAILABLE OFFENCE

436

33

BAIL IN NON BAILABLE OFFENCE

437

34

ANTICIPATORY BAIL

438

35

SPECIAL POWERS OF HIGH COURT OR COURT OF SESSION ON BAIL

439

36

RETURN OF PROPERTY

451,452

37

LIMITATION IN CRIMINAL CASES

468

to 473

38

INHERENT POWERS OF HIGH COURT

482

PRIVATE COMPLAINTS (Important Points)

1

Private complaints have to filed U/s 200 Cr.P.C.,

2

The judicial second class magistrate or the judicial First class Magistrate or the Metropolitan Magistrate is empowered to take cognizance of offence under private complaints.

3

Private complaints may be filed in cognizable offences and in non-cognizable

offences.

4

If the complaint is in writing, it should be signed by the complainant.

5

The complaint may be presented either by the complainant or by the pleader. (Rule

111 of the criminal rules of practice).

6

To examine the complainant on oath the complainant must present on a date to fix by

K.RAMKUMAR B.A., LL.B.,

10

 

the Magistrate.

7

Two or more persons joint together and can file single complaint for the same offence, committed in an occurrence.

8

If the offence appears to be exclusively triable by the court of session, the complainant must produce his witness also for the examining them or oath.

9

If there is no sufficient ground for proceeding the Magistrate can dismiss the complaints U/S.203 of Cr.P.C.

10

If the complaint is dismissed or the accused is acquitted, against the order of acquittal the appeal shall lie to High Court U/S 378 (4) of the Cr.P.C.

11

If the accused is convicted the can prefer Appeal or revision to sessions Court or High court according to the nature of the sentence.

12

The appeal from the order of the acquittal should be preferred within sixty days from the date of order of the acquittal. If the complainant is a public officer the appeal time is 6 months.

13

The court fee payable on the complaint is Re1/-

14

Vakalat has to be in filed in the private complaints (Rule 29 of Cr 1. Rules of practice.)

 

CRIMINAL REVISION

(Sections (397 to 401) of Cr.P.C.)

1

Criminal Revision should be filed under section 397 of the Criminal Procedure Code. High Court’s power of revision is under section 401 Cr 1.P.C. and Sessions power of revision is U/S 399.

2

The Revision will be either to the sessions Court or to the High Court.

3

No Revision will lie in relation to any interlocutory orders passed in any Appeal, enquiry, trail or other proceedings.

4

The Revisional powers of the court are discretionary.

5

The Sessions court and Hith Court are having concurrent jurisdiction. But the lowest

K.RAMKUMAR B.A., LL.B.,

11

 

forum is to be approached.

6

Revision will be from the order of acquittal, preferred by the complainant when the case has been instituted on Police Report.

7

Revision will be to the High Court when there is no provision for presenting an Appeal.

8

From the Appeals by the Sessions courts, the Revision will be to the High Court.

9

Revision will lie on questions of sentence when accused pleads guilty.

 

FILING PAPERS

1

MEMORANDUM OF GROUNDS OF REVISION (ONE)

2

ONE COPY OF MEMO OF GROUNDS TO EACH RESPONDENT

3

MEMO OF APPEARANCE (ONE)

4

CERTIFIED COPY OF THE JUDGMENT OR ORDER OF THE COURT OR COURTS BELOW UNLESS IT IS DISPENSED WITH BY THE COURT.

LIMITATION

TO PREFER REVISION EITHER TO THE HIGH COURT OR SESSIONS COURT THE TIME LIMIT IS NINETY DAYS FROM THE DATE OF SENENCE SOUGHT TO BE REVISED. (ARTICLE 131 TO THE SCHEDULE OF THE LIMITATION ACT).

COURT FEE

ON THE MEMO OF GROUNDS IN SESSIONS COURT

1Rs.

IN HIGH COURT

2 Rs.

ON THE CERTIFIED COPY OF ORDERS

0.50

p.

PROCESS FEE

0.50

P.

NO PROCESS FEE IN HIGH COURT

-Nil-

K.RAMKUMAR B.A., LL.B.,

12

CRIMINAL APPEALS (Ss.372 to 394 of Cr.P.C)

LIMITATION

APPEAL FROM A SENTENCE OF DEATH

30

DAYS

APPEAL AGAINST CONVICTION UNDER S.374 Cr.P.C. TO HIGH COURT

60

DAYS

TO ANY OTHER COURT

30

DAYS

APPEAL AGAINST ACQUITTAL U/S 378 Cr.P.C. 6 MONTHS BY PUBLIC SERVANT OTHERWISE

90

DAYS

APPEAL FOR ENHANCEMENT OF SENTENCE BY PUBLIC PROSECUTER

90

DAYS

COURT FEE

ON THE MEMO OF GROUNDS IN SESSIONS COURT

1Rs.

TO THE COURT OF SESSION

2

Rs.

TO THE HIGH COURT

2

Rs.

ON THE CERTIFIED COPY OF THE ORDER

0.50

p.

PROCESS

0.50

p.

NO PROCESS FEE FOR HIGH COURT

MEMO OF APPEARANCE OR VAKALAT

TO SESSION COURT

1.50

Rs.

TO HIGH COURT

3.00

Rs.

NO STAMPS NEED BE AFFIXED WHEN THE ACCUSED IS IN DURESS.

 

K.RAMKUMAR B.A., LL.B.,

Section offence punishment Cognizable or non-cognizable Bailable or non-bailable By what court triable
Section offence punishment Cognizable or non-cognizable Bailable or non-bailable By what court triable

Section

offence
offence
Section offence punishment Cognizable or non-cognizable Bailable or non-bailable By what court triable

punishment

Cognizable or non-cognizable
Cognizable or
non-cognizable
Bailable or non-bailable
Bailable or
non-bailable
By what court triable
By what
court triable

THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES

EXPLANATORY NOTE: -

(1) IN REGARD TO OFFENCES UNDER THE INDIAN PENAL CODE, THE ENTRIES IN THE SECOND AND THIRD COLUMNS AGAINST A

SECTION THE NUMBER OF WHICH IS GIVEN IN THE FIRST COLUMN ARE NOT INTENDED AS THE DEFINITION OF, AND THE PUNISHMENT

PRESCRIBED FOR, THE OFFENCE IN THE INDIAN PENAL CODE, BUT MERELY AS INDICATION OF THE SUBSTANCE OF THE SECTION.

(2) IN THIS SCHEDULE, (i) THE EXPRESSION “MAGISTRATE OF THE FIRST CLASS” AND “ANY MAGISTRATE” INCLUDE

METROPOLITAN MAGISTRATES BUT NOT EXECUTIVE MAGISTRATE; (ii) THE WORD “COGNIZABLE” STANDS FOR “A POLICE OFFICER

MAY ARREST WITHOUT WARRANT”; AND (iii) THE WORD “NON-COGNIZABLE” STANDS FOR “A POLICE OFFICER SHALL NOT ARREST

WITHOUT WARRANT”.

1

2

3

4

5

6

     

COGNIZABLE OR

BAILABLE OR

BY WHAT

SEC

NON-

NON-

COURT

OFFENCE

PUNISHMENT

CONGNIZABLE

BAILABLE

TRIABLE

 

CHAPTER V-ABETMENT

 

Abetment of any offence, if the act abetted is committed

 

According as offence abetted is cognizable or non-cognizable

According as offence abetted is bailable or non- bailable

Court by which offence abetted is triable

109

in consequence, and where no express provision is made for its punishment

Same as for offence abetted.

110

Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor.

Ditto

Ditto

Ditto

Ditto

111

Abetment of any offence, when one act is abetted does the act with a different intention from that of the abettor.

Same for offence intended to be abetted.

Ditto

Ditto

Ditto

 

Abetment of any offence, when an effect is caused by

Same as for offence committed.

     

113

the act abetted different from that intended by the abettor.

Ditto

Ditto

Ditto

1

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

114

Abetment of any offence, if abettor is present when offence is committed

Same as for offence committed.

Ditto

Ditto

Ditto

 

Abetment of an offence, punishable with death or

Imprisonment for 7 years and fine

     

115

imprisonment for life, if the offence be not committed in consequence of the abetment.

Ditto

Ditto

Ditto

 

If

an act which causes harm to be done in consequence

Imprisonment for 14 years and fine.

Ditto

Ditto

Ditto

of

the abetment.

 

Abetment of an offence, punishable with imprisonment,

Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both.

     

116

if

the offence be not committed in consequence of the

Ditto

Ditto

Ditto

abetment.

 

If

the abettor or the person abetted be a public servant

Imprisonment extending to half of the longest term provided for the offence, or fine or both.

     

whose duty it is to prevent the offence.

Ditto

Ditto

Ditto

117

Abetting the commission of an offence by the public, or by more than ten persons.

Imprisonment for 3 years, or fine, or both

Ditto

Ditto

Ditto

 

Concealing a design to commit an offence punishable

Imprisonment for 7 years and fine.

     

118

with death or imprisonment for life, if the offence be committed.

Ditto

Non-bailable

Ditto

 

If the offence be nor committed.

Imprisonment for 3 years and fine.

Ditto

Bailable

Ditto

 

A public servant concealing a design to commit an

Imprisonment extending to half of the longest term provided for the offence, or fine, or both

     

119

offence which it is his duty to prevent, if the offence be

Ditto

Ditto

Ditto

committed.

 

If

the offence be punishable with death or imprisonment

Imprisonment for 10 years

Ditto

Non-bailable

Ditto

for life.

2

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or non-cognizable

Bailable or

By what

Section

offence

punishment

non-bailable

court triable

 

If the offence be not committed

Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both.

Ditto

Bailable

Ditto

120

Concealing a design to commit an offence punishable with imprisonment, if offence be committed.

Ditto

Ditto

Ditto

Ditto

 

CHAPTER VA-CRIMINAL CONSPIRACY

 

120B

Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

Same as for abetment of the offence which is the object of the conspiracy.

According as the offence which is the object of conspiracy is cognizable or non- cognizable.

According as offence which is object of conspiracy is bailable or non- bailable.

Court by which abetment of the offence which is the object of conspiracy is triable.

 

Any other criminal conspiracy

Imprisonment for 6 months, or fine, or both.

Non-cognizable

Bailable

Magistrate of the 1 st class

 

CHAPTER VI-OFFENCES AGAINST THE STATE

 

121

Waging or attempting to wage war, or abetting the waging of India.

Death or imprisonment for life and fine.

Cognizable

Non-bailable

Court of session

121A

Conspiring to commit certain offences against the state.

Imprisonment for life or imprisonment for 10 years and fine.

Ditto

Ditto

Ditto

122

Collecting arms, etc., with the intention of waging war against the government of India.

Ditto

Ditto

Ditto

Ditto

123

Concealing with intent to facilitate a design to wage war.

Imprisonment for 10 years and fine

Ditto

Ditto

Ditto

124

Assaulting president, governor, etc., with intent to exercise of any lawful power.

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto

124A

Sedition

Imprisonment for life and fine, or

Ditto

Ditto

Ditto

3

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

imprisonment for 3 years and fine, or fine.

 

Waging war against any Asiatic power in alliance or at

Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine.

     

125

peace with the government of India, or abetting the wagging of such war.

Ditto

Ditto

Ditto

126

Committing depredation on the territories of any power in alliance or at peace with the government of India.

Imprisonment for 7 years and fine, and forfeiture of certain property.

Ditto

Ditto

Ditto

127

Receiving property taken by war or depredation mentioned in section 125 and 126.

Ditto

Ditto

Ditto

Ditto

128

Public servant voluntarily allowing prisoner of state or war in his custody to escape

Imprisonment for life, or imprisonment for 10 years and fine

Ditto

Ditto

Ditto

129

Public servant negligently suffering prisoner of state or war in his custody to escape

Simple imprisonment for 3 years and fine

Ditto

Bailable

Magistrate of the 1 st class

 

Aiding escape of, rescuing or harbouring, such prisoner,

Imprisonment for life or imprisonment for 10 years and fine.

     

130

or offering any resistance to the recapture of such prisoner

Ditto

Non-bailable

Court of session

 

CHAPTER VII-OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

 

131

Abetting mutiny, or attempting to seduce an officer, soldier sailor or airman from his allegiance or duty.

Imprisonment for life or imprisonment for 10 years and fine.

Ditto

Ditto

Ditto

132

Abetment of mutiny, if mutiny is committed in consequence thereof.

Death, or imprisonment for life or imprisonment for 3 years and fine

Ditto

Ditto

Ditto

 

Abetment of an assault by an officer, soldier, sailor or

Imprisonment for 3 years and fine

   

Magistrate of the 1 st class

133

airman on his superior officer, when in the execution of his office

Ditto

Ditto

134

Abetment of such assault, if the assault is committed

Imprisonment for 7

Ditto

Ditto

Ditto

4

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

   

years and fine

     

135

Abetment of the desertion of an officer, soldier, sailor or airman

Imprisonment for 2 years or fine, or both

Ditto

Bailable

Any magistrate

136

Harbouring such an officer, soldier, sailor or airman who has deserted

Ditto

Ditto

Ditto

Ditto

137

Deserter concealed on board merchant vessel, through negligence of master or person in charge thereof

Fine of 500 rupees

Non-cognizable

Ditto

Ditto

 

Abetment of act of insubordination by an officer,

Imprisonment for 6 months, or fine, or both

     

138

soldier, sailor or airman, if the offence be committed in consequence

Cognizable

Ditto

Ditto

 

Wearing the dress or carrying any token used by a

Imprisonment for 3 months or fine of 500 rupees or both

     

140

soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman

Ditto

Ditto

Ditto

 

CHAPTER VIII-OFFENCES AGAINST THE PUBLIC TRANQUILLITY

 

143

Being member of an unlawful assembly

Imprisonment for 6 month or fine or both

Ditto

Ditto

Ditto

144

Joining an unlawful assembly armed with any deadly weapon

Imprisonment for 2 years or fine or both

Ditto

Ditto

Ditto

145

Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse

Ditto

Ditto

Ditto

Ditto

147

Rioting

Imprisonment for 2 years, or fine, or both

Ditto

Ditto

Ditto

148

Rioting armed with deadly weapon

Imprisonment for 3 years or fine or both

Ditto

Ditto

Magistrate of the 1 st class

 

If an offence be committed by any member of an

The same as for the offence

According as offence is cognizable or non- cognizable

According as offence is bailable or non-bailable

Court by which the offence is triable

149

unlawful assembly, every other member of such assembly shall be guilty of the offence

150

Hiring, engaging or employing persons to take part in an unlawful assembly

The same as for a member of such assembly and for any offence committed by any member of such

cognizable

Ditto

Ditto

5

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

   

assembly

     

151

Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse

Imprisonment for 6 months or fine or both

Ditto

Ditto

Any magistrate

152

Assaulting or obstructing public servant when suppressing riot, etc.

Imprisonment for 3 month fine or both

Ditto

Ditto

Magistrate of the 1 st class

153

Wantonly giving provocation with intent to cause riot, if rioting be committed

Imprisonment for 1 year or fine or both

Ditto

Ditto

Any magistrate

 

It not committed

Imprisonment for 6 month or fine or both

Ditto

Ditto

Magistrate of the 1 st class

153A

Promoting enmity between classes

Imprisonment for 3 years or fine or both

Cognizable

Non-bailable

Ditto

 

Promoting enmity between classes in place of worship, etc.,

Imprisonment for 5 years and fine

Ditto

Ditto

Ditto

153B

Imputations, assertions prejudicial to national integration

Imprisonment for 3 years or fine or both

Ditto

Ditto

Ditto

 

If committed in a place of public worship etc

Imprisonment for 5 years and fine

Ditto

Ditto

Ditto

154

Owner or occupier of land non giving information of riot, etc

Fine of 1000 rupees

Non-cognizable

Bailable

Any magistrate

155

Person for whose benefit or non whose behalf a riot takes place not using all lawful means to prevent it

Fine

Ditto

Ditto

Ditto

155

Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it

Ditto

Ditto

Ditto

Ditto

157

Harbouring persons hired for an unlawful assembly

Imprisonment for 6 months or fine or both

Cognizable

Ditto

Ditto

158

Being hired to take part in an unlawful assembly or riot

Ditto

Ditto

Ditto

Ditto

 

Or to go armed

Imprisonment for 2 years or fine or both

Ditto

Ditto

Ditto

160

Committing affray

Imprisonment for 1 month or fine of 100 rupees or both

Ditto

Ditto

Ditto

6

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

CHAPTER IX-OFFENCES BY OR RELATING To PUBLIC SERVANTS

 
 

Being or expecting to be a public servant, and taking a

Imprisonment for 3 years or fine or both

   

Magistrate of the 1 st class

161

gratification other than legal remuneration in respect of an official act

Cognizable

Non-bailable

162

Taking a gratification in order, by corrupt or illegal means, to influence a public servant

Imprisonment for 3 years or fine or both

Ditto

Ditto

Ditto

163

Taking a gratification for the exercise of person influence with a public servant

Simple imprisonment for 1 year or fine or both

Ditto

Ditto

Ditto

164

Abetment by public servant of the offences defined in the last 2 preceding clauses with reference to himself

Imprisonment for 3 ears or fine or both

Ditto

Ditto

Ditto

 

Public servant obtaining any valuable thing, without

       

165

consideration, from a person concerned in any proceeding or business transacted by such public servant

Ditto

Ditto

Ditto

Ditto

165 A

Punishment for abetment of offences punishable under section 161 or section 165

Ditto

Ditto

Ditto

Ditto

166

Public servant disobeying a direction of the law with intent to cause injury to any person

Simple imprisonment for 1 year or fine or both

Non-cognizable

Bailable

Ditto

167

Public servant framing an incorrect document with intent to cause injury

Imprisonment for 3 years or fine or both

Cognizable

Bailable

Magistrate of the first class

168

Public servant unlawfully engaging in trade

Simple imprisonment for 1 year of fine or both

Non-cognizable

Ditto

Ditto

169

Public servant unlawfully buying or bidding for property

Simple imprisonment for 2 years or fine or both and confiscation of property, if purchased

Ditto

Ditto

Ditto

170

Personating a public servant

Imprisonment for 2 year or fine or both

Cognizable

Non-bailable

Any-magistrate

171

Wearing garb or carrying token used by public servant

Imprisonment for 3

Ditto

Bailable

Ditto

7

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

with fraudulent intent

months or fine of 200 rupees or both

 
 

CHAPTER IXA-OFFENCES RELATING To ELECTIONS

 

171

E

Bribery

Imprisonment for 1 years or fine or both or if treating only, fine only

Non-cognizable

Bailable

Magistrate of the 1 st class

171

F

Undue influence at an election

Imprisonment for 1 year or fine or both

Ditto

Ditto

Ditto

 

Personation at an election

Imprisonment for 1 year or fine or both

Cognizable

Ditto

Ditto

171

G

False statement in connection with an election

Fine

Non-cognizable

Ditto

Ditto

171

H

Illegal payments in connection with elections

Fine of 500 rupees

Ditto

Ditto

Ditto

171

I

Failure to keep election accounts

 

Ditto

Ditto

Ditto

Ditto

 

CHAPTER X-CONTEMPTS OF THE LAWFUL ACUTHORITY O PUBLIC SERVANTS

 
 

Absconding to avoid service of summons or other proceeding from a public servant

Simple imprisonment

     

172

for 1 month, or fine of

Non-cognizable

Bailable

Any magistrate

500

rupees or both

 

If summon or notice require attendance in person, etc., in a court of justice

Simple imprisonment

     

for 6 months, or fine of

Ditto

Ditto

Ditto

1000

rupees, or both

 

Preventing the service or the affixing of any summons of

Simple imprisonment

     

173

notice, or the removal of it when it has been affixed, or preventing a proclamation

for 1 month or fine of

Ditto

Ditto

Ditto

500

rupees or both

 

If summons, etc., require attendance in person, etc., in a court of justice

Simple imprisonment

     

for 6 month or fine of

Ditto

Ditto

Ditto

1000

rupees or both

 

Not obeying a legal order to attend at a certain place in

Simple imprisonment

     

174

person or by agent, or departing there from without authority

for 1 month or fine of

Ditto

Ditto

Ditto

500

rupees or both

 

If the order requires personal attendance, etc., in court of

Simple imprisonment

Ditto

Ditto

Ditto

8

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

justice

for 6 months or fine of

     

1000

rupees or both

 

Intentionally omitting to produce a document to a public

     

The court in which the offence is committed, subject to the provision of chapter XXVI, or, if not committed in a court, any magistrate

175

servant by a person legally bound to produce or deliver such document

Simple imprisonment for 1 month, or fine of 500 rupees or both

Ditto

Ditto

 

If the document is required to be produced in or delivered to a court of justice

Simple imprisonment

     

for 6 months or fine of

Non-cognizable

Bailable

Ditto

1000

rupees or both

 

Intentionally omitting to give notice or information to a

simple imprisonment for 1 month or fine of 500 rupees or both

     

176

public servant by a person legally bound to give such notice or information

Ditto

Ditto

Any magistrate

 

If the notice or information required respects the commission of an offence, etc

Simple imprisonment

     

for 6 months, or fine of

Ditto

Ditto

Ditto

1000

rupees or both

 

If the notice or information is required by an order passed under sub-section (1) of section 356 of this code

Imprisonment for 6 months, or fine of 1000 rupees or both

Ditto

Ditto

Ditto

177

Knowingly furnishing false in formation to a public servant

Imprisonment for 6 months, or fine of 1000 rupees, or both

Ditto

Ditto

Ditto

 

If the information required respects the commission of an offence, etc.,

Imprisonment for 2 years, or fine, or both

Ditto

Ditto

Ditto

178

Refusing oath when duly required to take oath by a public servant

Simple imprisonment for 6 months, or fine of

Ditto

Ditto

The court in which the

9

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

   

1000

rupees, or both

   

offence is committed, subject to the provisions of chapter XXVI; or, if not committed in a court, any magistrate

179

Being legally bound to state truth, and refusing to answer question

Simple imprisonment for 6 months, or fine of

Non-cognizable

Bailable

Ditto

1000

rupees, or both

180

Refusing to sign statement made to a public servant when legally required to do so

Simple imprisonment for 3 months, or fine of 500 rupees, or both

Ditto

Ditto

Ditto

181

Knowingly stating to a public servant, on oath as true that which is false

Imprisonment for 3 years and fine

Ditto

Ditto

Magistrate of the 1 st class

 

Giving false information to a public servant in order to

Imprisonment for 6 months, or fine of 1000 rupees or both

     

182

cause him to use his lawful power to the injury or annoyance of any person

Ditto

Ditto

Any magistrate

183

Resistance to the taking of property by the lawful authority of a public servant

Ditto

Ditto

Ditto

Ditto

184

Obstructing sale of property of offered for sale by authority of a public servant

Imprisonment for 1 month or fine or 500 rupees or both

Ditto

Ditto

Ditto

185

Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorized sale or bidding without intending to perform the obligations incurred thereby.

Imprisonment for 1 month or fine of 200 rupees or both.

Ditto

Ditto

Ditto

186

Obstructing public servant in discharge of his public functions.

Imprisonment for 3 months or fine of 500 rupees or both.

Non-cognizable

Bailable

Any magistrate

10

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

187

Omission to assist public servant when bound by law to give such assistance.

Simple imprisonment for 1 month or fine of

Ditto

Ditto

Ditto

200

rupees or both.

 

Willfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc.

Simple imprisonment for 6 months or fine of

Ditto

Ditto

Ditto

600

rupees or both.

188

Disobedience to an order lawfully promulgated by a

public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed.

Simple imprisonment for 1 month or fine of

Cognizable

Ditto

Ditto

200

rupees or both.

 

If such disobedience causes danger to human life, health or safety, etc.

Imprisonment for 6 months or fine of 1,000 rupees or both.

Ditto

Ditto

Ditto

 

Threatening a public servant with injury to him or one in

Imprisonment for 2 years or fine or both.

     

189

whom he is interested, to induce him to do or forbear to do any official act.

Non-cognizable

Ditto

Ditto

190

Threatening any person to induce him to refrain from making a legal application for protection from injury.

Imprisonment for 1 year or fine or both

Ditto

Ditto

Ditto

 

CHAPTER XI-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

 
 

Giving or fabricating false evidence in a judicial

Imprisonment for 7 years and fine.

   

Magistrate of the 1 st class.

193

proceeding.

Non-cognizable

Bailable

 

Giving or fabricating false evidence in any other case.

Imprisonment for 3 years and fine.

Ditto

Ditto

Any magistrate.

194

Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence.

Imprisonment for life or rigorous imprisonment for 10 years and fine.

Ditto

Non-bailable

Court of session

 

If innocent person be thereby convicted and executed.

Death or as above

Ditto

Ditto

Ditto

 

Giving or fabricating false evidence with intent to

The same as for the offence

     

195

procure conviction of an offence punishable with imprisonment for 7 years or upwards.

Ditto

Ditto

Ditto

196

Using in a judicial proceeding evidence known to be

The same as for giving

Ditto

According as

Court by which

11

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

false or fabricated.

or fabricating false evidence.

 

offence of giving such evidence is bailable or non- bailable

offence of

giving or

 

fabricating false

evidence is

 

triable

 

Knowingly issuing or signing a false certificate relating

     

Court by which offence of giving false evidence is triable

197

to any fact of which such certificate is by law admissible in evidence

Ditto

Ditto

Bailable

198

Using as a true certificate one known to be false in a material point

Ditto

Ditto

Ditto

Ditto

199

False statement made in any declaration which is by law receivable as evidence

Ditto

Ditto

Ditto

Ditto

200

Using as true any such declaration known to be false

The same as for giving or fabricating false evidence

Non-cognizable

Bailable

Court by which offence of giving false evidence is triable

 

Causing disappearance of evidence of an offence

Imprisonment for 7 years and fine

According as the offence in relation to which disappearance of evidence is caused is cognizable or non- cognizable

   

201

committed, or giving false information touching it to screen the offender, if a capital offence

Ditto

Court of session

 

If punishable with imprisonment for life or imprisonment for 10 years

Imprisonment for 3 years and fine

Non-cognizable

Ditto

Magistrate of the 1 st class

 

If punishable with less than 10 years imprisonment

Imprisonment for a quarter of the longest term provided for the offence, or fine, or both

Ditto

Ditto

Court by which the offence is triable

202

Intentional omission to give information of an offence

Imprisonment for 6

Ditto

Ditto

Any magistrate

12

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

by a person legally bound to inform

months, or fine, or both

203

Giving false information respecting an offence committed

Imprisonment for 2 years or fine or both

Ditto

Ditto

Ditto

204

Secreting or destroying any document to prevent its production as evidence

Ditto

Ditto

Ditto

Magistrate of the 1 st class

 

False personation for the purpose of any act or

Imprisonment for 3 years, or fine or both

     

205

proceeding in a suit or criminal prosecution, or for becoming bail or security

Ditto

Ditto

Ditto

 

Fraudulent removal or concealment, etc., of property to

Imprisonment for 2 years, or fine or both

     

206

prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree

Ditto

Ditto

Any magistrate

207

Claming property without right or practicing deception touching any right to it, to prevent its being taken as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree

Imprisonment for 2 years, or fine, or both

Non-cognizable

Bailable

Any magistrate

 

Fraudulently suffering a decree to pass for a sum not

     

Magistrate of the 1 st class

208

due, or suffering decree to be executed after it has been satisfied

Ditto

Ditto

Ditto

209

False claim in a court of justice

Imprisonment for 2 years and fine

ditto

Ditto

Ditto

210

Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied

Imprisonment for 2 years, or fine, or both

Ditto

Ditto

Ditto

211

False charge of offence made with intent to injure

Ditto

Ditto

Ditto

Ditto

 

If offence charged be punishable with imprisonment for 7 years or upwards

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto

 

If offence charged be capital or punishable with imprisonment for life

Ditto

Ditto

Ditto

Court of session

212

Harbouring an offender, if the offence be capital

Imprisonment for 5 years and fine

Cognizable

Bailable

Magistrate of the 1 st class

 

If punishable with imprisonment for life or with imprisonment for 10 years

Imprisonment for 3 years and fine

Ditto

Ditto

Ditto

13

K.RAMKUMAR B.A , LL.B.,

 

Cognizable or

Bailable or

By what

Section

offence

punishment

non-cognizable

non-bailable

court triable

 

If punishable with imprisonment for 1 year and not for 10 years

Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine or both

Ditto

Ditto

Ditto

213

Taking gift, etc., to screen an offender from punishment if the offence be capital

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto

 

If punishable with imprisonment for life or with imprisonment for 10 years

Imprisonment for 3 years and fine

Ditto

Ditto

Ditto

 

If punishable with imprisonment for less than 10 years

Imprisonment for a quarter of the longest term provided for the offence, or fine, or both

Ditto

Ditto

Ditto

214

Offering gift or restoration of property in consideration of screening offender if the offence be capital

Imprisonment for 7 years and fine

Non-cognizable

Ditto

Ditto

 

If punishable with imprisonment for life or with imprisonment for 10 years

Imprisonment for 3 years

Ditto

Ditto

Ditto

 

If punishable with imprisonment for less than 10 years

Imprisonment for a quarter of the longest term provided for the offence, or fine, or both

Ditto

Ditto

Ditto

 

Taking gift to help to recover movable property of which

Imprisonment for 2 years or fine or both