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REGISTERED No. D. 221

The Gazette of India

EXTRAORDlNARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 72] NEW DELHI, MONDAY, DECEMBER 11, I972/AGRAHAYANA 20, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 11th

December, 1972: —

BILL NO. XLII OF 1972

A Bill further to amend the Indian Penal Code.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows: —

1. (1) This Act may be called the Indian Penal Code (Amendment)

Act, 1972.

(2) It shall come into force on such date as the Central Government

Short title and commence- ment.

may, by notification in the Official Gazette, appoint.

15 of 1860.

2. For section 4 of the Indian Penal Code (hereinafter referred to as

the Penal Code), the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 4.

'4. The provisions of this Code shall apply also—

(a) to any offence committed outside India by a citizen of India;

(b) to any offence committed by an alien on any ship or

Ex-terri- torial applica- tion of the Code. aircraft registered in India, wherever it may be;

(c) to any offence committed outside India by an alien—

(i) in connection with the discharge of his official duty while in the service of the Government or of any Corporation owned or controlled by the Government.

( 1567 )

(ii) when such offence is punishable under any law relating to currency, coinage, Government stamps or foreign exchange regulations or to forgery of passports, visas or other public documents,

(in) against the sovereignty, security or territorial in-

tegrity of India or which constitutes piracy or hijacking;

Provided that no alien shall be prosecuted and punished for

the same offence more than once.

Explanation .—For the purposes of Ihis section, the word "offence" includes every act rommittrd outside Indm which if committed in India would be punishable under this Code.'.

3. For section 5 of the Penal Code, the following section shall he sub-

stituted, namely: —

Substitu- tion of new sec- tion for section 5 Saving,

"5. Nothing in this Code shall affect the provisions of any special

or local law.".

Insertion of new doflHon 5A.

4. In Chapter II of the Penal Code, under thr> heading "GENERAL EX- PLANATIONS", before section 6, the following section shall be inserted, namely: —

10f>fl8OT.

"RA. The General Clauses Act, 1897, shall apply for the inter- pretation of thin Code as It applies for the Interpretation of an Act of Parliament.".

General Glauici Act to apply fop Interpre- tation.

5. Sections 8, 9 and 11 of the Penal Code shall be omitted.

Omission of sections 8, 9 and 11.

fl. After section 12 of the Penal Code, the following section shall be

inserted, namely: —

Inser- tion of new section 13. Election.

'13. "Election" means an election by whatever means held under

any law for the purpose of choosing members of any Legislature,

local authority or other public authority,'.

7. Section 14 of the Penal Code shall be omitted.

Omission of section 14.

8. In section 17 of the Penal Code, after the words "Government of

a State", the words "in India" shall be inserted.

9. For sections 18, 19, 20 and 21 of the Penal Code, the following sec-

tions shall be substituted, namely:—•

Amend- ment of section 17. Substitu- tion of new flections for sections 18. 19. 20 and 21.

'18. "India" means the territories to which this Code extends-

India.

Judtje.

19. "Judge" means any person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if coniirmed by some other authority, would be definitive, or who is one of a body of persons which is empowered by law to give such a judgment, and includes a magistrate,

20. "Court of Justice" means a Judge or body of Judges when COM I of Justice.

acting judicially.

21. "Public servant" means,—

PuMlc servant (i) any person who is a member of Parliament or ol the Legislature of a State in India;

(it) any person in the service or pay of the Government, or remunerated by the Government by fees or commission for the performance of any public duty;

(iii) any person who is a member, or is In the service or pay, of a local authority;

(iv) any person in the service or pay of a Corporation owned or controlled by the Government;

(v) any Judge, including any person empowered by law to discharge, whether by himself or as a member of a body of per- sons, any adjudicatory functions;

(vi) any person specially authorised by a court of justice to perform any duty in connection with the administration of justice, including a liquidator, receiver or commissioner appoint- ed by such court;

(vii) any arbitrator or other person to whom any cause or matter has ueen referred for decision or report by a court of justice or by a competent public authority;

(viii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an elec- toral roll or to conduct an election or part of an election; or

(ix) any person who holds an office by virtue of which he is authorised or required by law to perform any public duty.

Explanation 1,—Persons falling under any of the above clauses are public servants whether appointed by the Government or not.

Explanation 2.—A person falling under any of the above clauses by virtue of any office or situation he Is actually holding is a public servant, whatever legal defect there may be in his right to hold that office or situation.

21A. "State" means a State in India and includes a Union terri-

Stat". tory.'.

10. Section 22 of the Penal Code shall be omitted.

Omission of section 23.

11. For section 25 of the Penal Code, the following section shall be

substituted, namely: —

Substi- tution of new section for section 25. Fraudu- lently.

'25. A person is said to do a thing "fraudulently" if he does that thing with intent to deceive another and, by such deceit, either to cause injury to any person or to induce any person to act to his disadvantage.'.

12. In section 29 of the Penal Code, for the words "expressed or des- cribed", the words "expressed, described or recorded" shall be substitu- ted.

Amend- ment of section 29.

13. Sections 31, 32 and 33 of the Penal Code shall be omitted.

14. In sections 34 and 3!"> of the Penal Code, for the words "several

persons" wherever they occur, the words "two or more persons" shall bo substituted.

15. For section 40 of the Penal Code, the following section shall be

substituted, namely: —

Omis- sion of sections 31. 32 and 33. Amend- ment of sections 34 and 35. Substitu- tion of new section for section 40

'40. "Capital offence" means an offence for which death is the

Capital offence.

only punishment, or one of the punishments, provided by law.'.

16. For section 43 of the Penal Code, the following section shall be

substituted, namely: —

Substitu- tion of new- section for section 43.

'43. (2) A thing is "illegal" if it is an offence, or is prohibited

by law, or furnishes ground for a civil action,

Illegal and legally bound to do.

(2) A person is "legally bound to do" a thing when he is bound by law to do that thing, or when it is illegal in him to omit to do that thing.'.

17. Sections 48, 49 and 50 of the Penal Code shall be omitted.

Omission of oectionfl 48, 49 and 50.

18. For sections 52 and 52A of the Penal Code, the following sections

shall be substituted, namely: —

'52. A 1hing is said to be done or believed in "good faith" whett

Substitu- tion of new sections for sections 52 and 52A. Good faith.

it is done or believed honestly and with due care and attention.

Harbour- ing.

&2A. "Harbouring" means giving shelter to a person, and in- cludes supplying a person with food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person in any manner to evade apprehension.'.

19. For section 53 of the Penal Code, the following section shall be

substituted, namely: —

Substitu- tion of new section for section 63.

"53. The punishments to which offenders are liable under the

Punish- ment*.

provisions of this Code are—

(i) death; (ii) imprisonment for life which shall be rigorous, that is,

with hard labour;

{Hi) imprisonment for a term which may be—

(a) rigorous, that is, with hard labour, or (b) simple, that is, with light labour;

(iv) externment;

(v) order for payment of compensation to victims; (ui) forfeiture of property;

(ml) fine;

(tnii) public censure.".

20- After section 53A of the Penal Code, the following section shall

be inserted, namely: —

Insertion of new section 53B.

"53B. The sentence of death shall not be passed on a person convicted of a capital offence if at the time of committing the offence he was under eighteen years of age and death is not the only punishment provided by law for the offence.".

Minors not to be sen- tenced to death.

21. Sections 54, 55 and 55A of the Penal Code shall be omitted.

Omission of sections B4, SB and 55A.

22. In section 57 of the Penal Code, for the words "imprisonment for twenty years", the words "rigorous imprisonment for twenty years" shall be substituted.

23. For sections 64 and 65 of the Penal Code, the following sections

shall be substituted, namely: —

Amend- ment of section 07. Substltu. tion of new •ectiona for sections 64 and 65.

"64. In every case in which an offender is sentenced to a fine, it shall be competent to the court to direct by the sentence that, in default of payment of the fine, the offender shall undergo imprison- ment for a certain term.

Sentence of im- prison- ment for non- payment of flu*.

65. In every case in which the offence is punishable with im-

prisonment or fine, or with imprisonment and fine—

(a) the imprisonment in default of payment of the fine may be of any description to which the offender might have been sentenced for the offence;

Oftencea punish- able with flue and imprison- ment.

(b) the term of such imprisonment shall not exceed one- fourth of the maximum term ol imprisonment provided for the offence;

(c) such imprisonment shall be in addition to the imprison- ment, if any, to which he may have been sentenced for the offence, or to which he may be liable under a commutation of a sentence.".

24. Section 66 of the Penal Code shall be omitted.

Omission of section 66.

25. For sections 67 and 68 of the Penal Code, the following sections

shall be substituted, namely: —

Substitu- tion of new sections for section* 87 and 68.

"67. In every case in which the offence is punishable with fine only, imprisonment in default of payment of, fine shall be simple, and the term thereof shall not exceed—

Offence* punish- able with fine only.

(a) two months, when the fine does not exceed one hundred

rupees;

(b) four months, when the fine does not exceed two

hundred rupees;

(c) six months, in any other case.

68. (1) Imprisonment imposed In default of payment of a fine shall terminate whenever that fine is either paid, or realised by pro- cess of law, in full.

Termina- tion of imprison- ment on payment or realisa- tion of flue.

(2) When a part of the fine is paid ur is realised by process of law, the term of imprisonment fixed in default of payment shall be deemed to be reduced by such number of days as bears to the total number of days in that term the same proportion as the amount of fine paid or realised bears to the amount of fine imposed, and if, at that time, imprisonment in default of payment is being suffered, It shall terminate on the expiration of the reduced term or, if the reduced term has previously expired, it shall terminate forthwith.

(3) In calculating the reduction required under sub-section (2), any fraction of a day less than one-half shall be left out of account and any other fraction shall be counted as one day.".

26. Section 69 of the Penal Code shall be omitted.

Omission - of sec- tion 89.

7. For sections 70, 71 and 72 of the Penal Code, the following sections

be substituted, namely: —

Substitu- tion of new sec- tions for sec- tions 70, 71 and 72.

"70. (1) No proceedings for realisation of fine or of any part

thereof which remains unpaid, shall be commenced—

Limita- tion for levy of fine.

(a) at any time after the expiry of si^ years from the pass-

ing of the sentence, or

(b) if, under the sentence, the offender is liable to imprison- ment for a longer period than six years, at any time after the expiry of that period.

(2) The death of the offender does not discharge from the lia- bility for recovery of fine any property which would after his death be legally liable for his debts.

71. (1) Where anything which is an offence is made up of parts, any of which parts is itself an offence of the same kind, the offender shall not, unless expressly so provided, be punished separately for "uch parts.

HluttratUm$

Puniah- ment of offence mads up of parti or of ••vtral offtneat.

(a) A beats Z twenty times with a stick. His offence of volun- tarily causing hurt to Z is made up of the twenty strokes given, each of which is itself an offence of voluntarily causing hurt. A is liable only to one punishment for the whole beating.

(b) While A is beating Z, Y intervenes, and A intentionally strikes Y. As this is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily caus- ing hurt to Z and to another for voluntarily causing hurt to Y,

(2) Where an act constitutes an offence under two or more enactments, but the offences are the same, the offender shall not be punished for more than one of such offences.

(3) Where an act constitutes an offence under two or more

enactments and the offences are not the same, or

where several acts, of which one or more than one would by itself or themselves constitute nn offence, constitute, when combined, a different offence,

the offender may be punished separately for each of such offences, but shall not he punished in the aggregate with a more severe punishment than could be awarded for any one of such offences.

Punish- ment where Judgment in alter- native.

72. In all cases in which judgment is given in the alternative and a person is guilty of one of several offences specified in the judgment and if the same punishment is not provided for all of thpm, the offender shall be punished for the offence for which the lowest punishment is provided.".

28, Sections 73 and 74 of the Penal Code shall be omitted.

Omission of sections 73 and 74.

29. After section 74 of the Penal Code, the following sections shall be inserted, namely: —

Inser- tion of new sec- tions 74.A 74Band 74C.

"74A. (1) Whenever any person Is convicted of an offence speci- Extern- ment.

fied in sub-section (2), and the court has reasons to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, or is satisfied that it is necessary to do so for any other reason, it may, instead of imposing on him a sentence of imprisonment, by order direct him to remove himself outside the area within the local limits of its juris- diction or such area or district or part thereof contiguous thereto, by such route and within such time as the court may specify and not to enter or return to the said area, for the period specified in sub- : section (3).

(2) The offences to which sub-section (1) applies are any offences punishable under Chapter Vill of this Code, or any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) The period for which the court may direct the removal of any person under sub-section (1) shall not exceed two year* or the maximum period of imprisonment which the court Is competent to impose for the offence, whichever is less.

(4) In passing any order under sub-section (I), the court shall have due regard to the age, character and antecedents of the offender, the circumstances in which the offence was committed and other relevant factors.

(5) The court which passes an orrW under sub-section (!) may. on its own motion or on the applienb"ori of th£ aggrieved person rescind or alter such order or mnv permit the person in respect of whom such order has been made to enter or return to the area, from which he was directed to remove himself, for such temporary period as may be specified by the Court.

(6) An order under sub-section (1) or sub-section (5) may—

(I) contain such conditions as may be imposed by the courtt including a condition that the person should report himself at specified intervals to a police station or other authority mention* ed therein; and

(ii) require the person in respect of whom such order is made to enter into a bond, with or without sureties, for the due observance of the conditions, if any, imposed therein,

(7) If the person to whom a direction has been issued under sub-section (1) fails to remove himself as directed or having so removed himself, enters the area without the permission under sub- section (5), within the period specified in the order, the court may

cause him to be arrested and removed in police custody to such place outside the area as the Court may specify in each case or it may direct him to be detained in prison for such period, not exceeding the period of imprisonment which it is competent to impose for the offence less the period of externment actually suffered by him and thereupon the order shall have effect as if a sentence of imprison- ment has been imposed for the said period in lieu of the order of externment.

(8) Any order passed under sub-section (7) shall be in addition to any other penalty or punishment to which the person renders himself liable for the breach of the order.

(9) An order under sub-section (1) may also be made by an appellate court or by a court exercising its powers of revision.

Compen* sation. to vle- ttma.

74B. (1) Whenever any court convicts a person for an offence punishable under Chapter XVI, Chapter XVII or Chapter XXI of this Code, it may, by its sentence direct that the offender shall make such compensation as may be specified therein to the person mentioned in sub-section (6) for any loss or damage arising from suoh offence.

(2) Any compensation awarded under sub-section (1) shall ordi- narily be for payment of a definite sum of money but where the court is of opinion that the payment of such money may not be sufficient recompense, it may be in any form which the court deems fit to specify.

(3) The amount or monetary value of any compensation direct- ed to be made under sub-section (1) shall not exceed the amount of fine which the court is empowered to impose.

(4) An order under sub-section (1) may be made in addition to or in lieu of any other punishment to which the person convicted may have been sentenced.

(5) Before passing any order under sub-section (1) the court shall take into consideration the nature of the offence, the motive therefor, the economic and social status of the offender and of the person in whose favour such order is made, and all other relevant factors.

(6) The compensation under sub-section (I) may be directed to be paid—

(i) to any person who has incurred expenses in prosecution, for defraying expenses properly incurred;

(ii) to any person for any loss, damage or injury caused by the offence, when compensation therefor is, in the opinion of the court, recoverable by such person in a civil court;

13 Of 1855.

(in) in the case of a conviction for any offence for having caused the death of another person or of having abetted the commission of such an offence, to the persons who are, under the Fatal Accidents Act, 1855, entitled to recover damages from the person sentenced, for the loss resulting to them from such death;

(iv) in the case of a conviction for any offence which Includes theft, criminal misappropriation, criminal breach of trust, or

cheating or of having dishonestly received or retained, or of hav- ing voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, to any bona fide purchaser of such property, for the loss of the same, if such property is restored to the possession of the person entitled thereto.

(7) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.

5 of IB98 (8) For the purposes of this Code and of the Code of Criminal Procedure, 1898, an award of compensation under sub-section (1) shall he deemed to be a sentence of fine for the amount or monetary value of such compensation.

74C. (2) Whenever any person, having been convicted by a court in India of an offence specified in sub-section (3), is convicted again of a like offence, the court may, at the time of passing sentence, impose, in addition, the punishment of public censure by causing the offender's name, place of residence, the offence and the punish- ment imposed to be published at the offender's expense in such news- papers or in such other manner as the court may direct.

Public censure for certain offences after previous convlc tion.

(2) The expenses of such publication shall be recoverable from

the offender in the same manner as a fine.

(3) The offences to which sub-section (1) applies are any offences punishable under Chapter XII, Chapter XIII, sections 272 to 276, sections 383 to 389, sections 403 to 409, sections 415 to 420 or Chapter XVIII of this Code.".

30. For section 75 of the Penal Code, the following section shall be

substituted, namely:—

Substi- tution of new section for section 75. Enhanced punish- ment for certain offences after pre- vious convic- tion.

"75. Whoever, having been convicted by a court hi India of an offence punishable under this Code with imprisonment of either description for a term of two years or upwards, commits within five years from the date of his final release from prison after serving that sentence, any offence punishable under this Code with imprison- ment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either des- cription for a term which may extend to ten years,".

31. For section 76 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion of new sec- tion for section 7ft.

"76. (1) Nothing is an offence which is done by a person who is

bound by law to do it or is justified by law in doing it.

(2) Nothing la an offence which is done by a person who by reason of a mistake of fact and not by reason of mistake at law, In Act done by a per- son bound or Justi- fied by law or by

good faith, believes himself to be bound by law to do it or justified by law in doing it.

Illustrations

(a) A, an officer of a court of justice being ordered by that couri

mistake of fact be- lieving himself bound or justified by law.

to arrest Y, and, after due enquiry, believing Z to be Y, arrests I A has committed no offence.

(b) A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities, A has committed no offence, though it may turn out that Z was acting in self-defence.".

32. Section 79 of the Penal Code shall be omitted.

Omission of sec- tion 79.

33. For section 94 of the Penal Code, the following section shall be substituted, namely:—

Substitu- tion of new sec- tion for section 94.

Compul- slon by threats.

'94. Except murder and ofEences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats which, at the time of doing it, reason- ably cause the apprehension that instant death or grievous bodily harm, either to that person or to any near relative of that person present when the threats are made, will otherwise be the conse- quence, provided the person doing the act did not, of his own accord or from a reasonable apprehension of harm to himself short of instant death or grievous bodily harm, place himself in the situation by which he became subject to such constraint.

Explanation.—In this section,—

(a) "near relative" means parent, spouse, son or daughter;

(b) "grievous bodily harm" means hurt of the description specified in the first two clauses of section 320;

(c) a person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

Illustration

A smith seized by a gang of dacoits and forced, by threat of instant death or grievous bodily harm, to take his tools and to force the door of a house for the dacoits to enter and plunder It, is entitled to the benefit of this exception,'.

34. For section 99 of the Penal Code, the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section W

"99. (1) here is no right of private defence against an act which does not reasonably cause an apprehension of death or of grievous hurt, if the act is done or attempted to¹ be done—

Restric- tions on the right of private defence.

(a) by a public servant acting in good faith in pursuance of the judgment or order of a court of justice, though the court may have had no jurisdiction to pass such judgment or order, pro- vided the public servant believes in good faith that the court had such jurisdiction;

(b) by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law; or

(c) by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

(2) A person is not deprived of the right of private defence by virtue of sub-section (I),—

(i) in a case falling under clause (a) thereof, unless he knows or has reason to believe that the person doing the act is a public servant and is acting in pursuance of the judgment or order of a court of justice or unless that person produces, if demanded, the authority in writing under which he is acting;

(ii) In a case falling under clause (b) thereof, unless he knows or has reason to believe that the person doing the act is a public servant; or

(lit) in a case falling under clause (c) thereof, unless he knows or has reason to believe that the person doing the act is acting by the direction of public servant, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces that authority, If demanded.

(3) The right of private defence in no case extends to the caus- ing of more harm than it is necessary to cause for the purpose of defence.".

35. In section 100 of the Penal Code, for clauses First to Sixthly, the following clauses shall be substituted, namely: —

Amend- ment of sec- tion 100.

"(a) such an assault as may reasonably cause an apprehension that death or grievous hurt will otherwise be the consequence of the assault, or

(b) an assault with the intention of committing rape or having carnal intercourse against the order of nature, or

(c) an assault with the intention of kidnapping, or

(d) an assault with the intention of abducting where the abduc- tion is an offence, or

(e) an assault with the intention of wrongfully confining a person in such circumstances as may reasonably cause him an ap- prehension that it will not be possible to have recourse to the pub- lic authorities for his release.".

36. In section 101 of the Penal Code, for the words "voluntary causing Amend- ment of sec- tion 101.

to the assailant of any harm other than death", the words "voluntary causing of any harm other than death or the involuntary causing of death to the assailant" shall be substituted.

37. In section 103 of the Penal Code, for clauses First to Fourthly, the

following clauses shall be substituted, namely: —

Amend- ment of sec- tion 103.

"(a) robbery, or

(b) theft, mischief or criminal trespass In such circumstances as may reasonably cause an apprehension that death or grievous hurt will be the consequence if the right of private defence is not exercised, or

(c) mischief by fire or explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place of worship or as a place for the custody of property, or on any vehicle, or

(d) mischief to property used or intended to be used for the purposes of the Government or a local authority or a corporation owned or controlled by the Government, where such mischief is committed by intentional destruction of, or damage to, the property and is likely to result in general danger, loss of human life or other

grave consequences."

Amend- ment of sec- tion 104.

38. In section 104 of the Penal Code, for the words "voluntary caus- ing to the wrong-doer of any harm other than death", the words "volun- tary causing of any harm other than death or involuntary causing of death to the wrong-doer" shall be substituted.

39. For section 105 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion of new sec- tion for sec- tion 105.

"105. The right of private defence of property commences when <

a reasonable apprehension of danger to the property commences; and it continues—

Lommance. ment and continu- ance of right of private defence of pro- perty.

(a) against robbery, as long as the offender causes or attempts to cause any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or instant wrongful restraint continues;

(b) against theft, till the offender has effected his retreat with the property, or, if the property has been recovered earlier or the assistance of the public authorities has been obtained earlier, till such recovery of the property or the obtaining of such assistance;

(c) against mischief or criminal trespass, as long as the offender continues in the commission of mischief or criminal trespass.".

40. For sections 108 and 108A of the Penal Code, the following section

shall be substituted, namely:—

Substitu- tion ol new sec- tion for sections 108 and T08A.

Abetting an offence.

"108. (1) A person abets an offence, who abets the doing of a thing which is that offence or which would be an offence if done by a person capable by law of committing that offence with the same intention or knowledge as that of the abettor.

Explanation 1.—A person who abets the abetment of an offence

abets that offence.

Illustrations

(a) A instigates B to instigate C to murder Z. B accordingly in- stigates C and C murders Z in consequence of B's instigation. B has committed the offence of abetting murder and is liable to be punished with the punishment provided for murder; and as A instigates B to commit the offence, A is also liable to the same punishment.

(b) If, in the foregoing Illustration, C refuses to murder Z, B has committed the offence of abetting murder, and is liable to be punished with imprisonment which may extend to seven years and with fine; and as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 2.—To constitute abetment of an offence, it is not

necessary—

(a) that the act abetted should be committed; or

(b) that the effect requisite to constitute the offence should

be caused; or

(c) that the person abetted should be capable by law of committing an offence, or should have any guilty intention or knowledge, or should commit offence.

Illustrations

(a) A instigates B to murder Z. B refuses to do so. A Is guilty

of abetting B to commit murder.

(b) A instigates B to murder Z. B in pursuance of the instiga-

tion stabs Z. Z recovers from the wound. A is guilty of abetting B- to commit murder.

(c) A, intending to kill Z, instigates B, a child under ten years of age, to do an act which A knows will cause Z's death. B, In con- sequence of the instigation, does the act and thereby causes Z's death. Here B was not capable by law of committing an offence, but since his act would be murder if it had been committed by a person of full age with the same intention and knowledge as that of A, A it guilty of abetting murder.

(d) A, intending to take dishonestly an article belonging to Z out of his possession induces B to believe that the article belongs to A and instigates him to take it from Z's possession. B does so in good faith believing it to be A's property. Though B has no guilty inten- tion or knowledge, A is guilty of abetting theft.

Explanatioyi 3.—To constitute abetment of an offence that consists of an illegal omission of an act, it is not necessary that abettor him- self should be bound to do that act.

Explanation 4.—It is not necessary to do an act of abetment by conspiracy that the abettor should concert the offence with the per- son who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mention- ing that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here though A and C have not conspired together C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to be punished for murder.

(2) A person abets an offence, who, in India, abets the doing of any act outside India, which, if done in India, would constitute that offence.

Illustration

A in India, instigates B, a foreigner in Nepal, to commit a murder in Nepal. A is guilty of abetting murder.".

41. In section 109 of the Penal Code,—

(a) the words "by this Code¹' shall be omitted;

Amend- ment of section 109.

(b) Illustrations (a), (b) and (c) shall be omitted.

42. For sections 115 and 116 of the Penal Code, the following sections shall be substituted, namely:—

Substitu- tion of new sec- tions for sections 115 and 116.

"115. Whoever abets the commission of a capital offence shall, if that offence be not committed in consequence of the abetment, and no express provision is made for the punishment of such abetment, be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine;

Abetment of capital offence if offence not com- mitted.

and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

Illustration

A Instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subjected to the punishment of death or imprisonment for life. Therefore, A is liable to imprison- ment for a term which may extend to seven years and also to fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

116. Whoever abets an offence, not being a capital offence, shall, if that offence be not committed in consequence of the abetment, and no express provision is made for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both;

Abetment of offetice puniah- e ble with imprison- ment 11 offence be not com- mitted.

and if the abettor is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with the punishment provided for the offence.

Illustrations

(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not com- mitted, A is liable to the punishment provided for robbery.".

43. After section 117 of the Penal Code, the following section shall be

inserted, namely: —

Insertion of new section 117A.

Abetting commis- sion of offence by a child.

"117A. Whoever abets the commission of an offence punishable with imprisonment by a child under fifteen years of age, whether or not the offence Is committed in consequence of the abetment, shall be punished with imprisonment of any description for a term which may extend to twice the longest term of imprisonment provided for that offence, and shall also be liable to fine.".

44. In section 118 of the Penal Code, for the words "an offence punish- able with death or imprisonment for life", the words "a capital offence" shall be substituted.

Amend- ment of section 118.

45. In section 119 of the Penal Code, for the third, fourth and fifth

paragraphs, the following shall be substituted, namely: —

Amend- ment of section 119.

"(a) if the offence be committed, shall be punished—

(1) in the case of a capital offence, with imprisonment of

either description for a term which may extend to ten years;

(ii) in any other case, with imprisonment of any descrip- tion provided for the offence for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as Is provided for the offence, or with both;

(b) if the offence be not committed, shall be punished—

(i) in the case of a capital offence, with imprisonment of

either description for a term which may extend to five years;

(it) in any other case, with imprisonment of any descrip- tion provided fur t he oilence tor a t e rm which m ay extend to one-lourth of the longest t e rm of such imprisonment or w i th such line as is provided for the offence, or with both.".

•to. In section 120 of the Penal Cude, after the words 'offence punish- able with imprisonment", the words "not being a capital offence" shall be inserted.

Amend- ment ot section lau.

47. After Chapter VA of the Penal Code, t he following n ew Chapter shall be inserted, namely: —

Insertion of new Chapter VB.

"CHAPTER VB

A T T E M P TS

120C. A person attempts to commit an offence punishable by this Code, when—

Definition of attempt.

(a) he, with the intention or knowledge requisite for com- mitting it, does any act towards its commission;

(t>) the act so done is closely connected with, a nd proximate to, the commission of the offence;

(c) t h at act fails in its object because of facts n ot k n o wn to h im or because of circumstances beyond his control.

Illustrations

(a) A, intending to m u r d er Z, buys a gun a nd loads it. A is not y et guilty of an attempt to commit m u r d e r. A fires t he g un at Z; he is guilty of an a t t e m pt to commit murder.

(b) A, intending to m u r d er Z, by poison, purchases poison a nd mixes the same with food which remains in A's keeping; A is n ot yet guilty of an attempt to commit m u r d e r. A places t he food on Z's table, or delivers it to Z's servant to place it on Z's table. A is guilty of an a t t e m pt to commit m u r d e r.

(e) A, w i th intent to steal another person's box, while travelling in a train, takes a box and gets down. He finds t he box to be his own. As he has n ot done any act towards t he commission of t he offence intended by him, he is not guilty of an a t t e m pt to commit theft.

(d) A, with intent to steal jewels, breaks open Z's box, and finds that there is no jewel in it. As his act failed in its object because of facts not known to him, he is guilty of an attempt to com- mit theft.

Punish- ment for attempt, 120D. Whoever is guilty of an attempt to commit an offence punishable by this Code with imprisonment for life or with imprison- ment for specified term, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence for a term

which may extend to one-half of the imprisonment for life, or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.".

48. In sections 122 and 123 of the Penal Code, ior the words "imprison- ment of either description", the words "rigorous imprisonment" shall be substituted.

Amend- ment of sections 122 and 123.

49. After section 123 of the Penal Code, the following section shall be

inserted, namely: —

Insertion of new- section 123A. Assisting India's enemies.

"123A. Whoever assists in any manner an enemy at war with India, or the armed forces of any country against whom the armed forces of India are engaged in hostilities, whether or not a state of war exists between that country and India, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.".

50. For section 124A of the Penal Code, tixe following sections shall

be substituted, namely:-—

Substitu- tion of new sec- tions for section 124A.

"124A. Whoever by words, cither spoken or written, or by signs, Sedition,

or by visible representation, or otherwise,

excites, or attempts to excite, disaffection towards the Constitu- tion, or the Government or Parliament of India, or the Government or Legislature of any State, or the administration of justice, as by law established,

intending or knowing it to be likely thereby to endanger the integrity or security of India, or of any State, or to cause public disorder,

shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to three years, and shall also be liable to fine.

Explanation 1.—The expression "disaffection" includes feelings

of enmity, hatred or contempt.

Explanation i?.—Comments expressing disapprobation of the pro- visions of the Constitution, or of the actions of the Government, or of the measures of Parliament or a State Legislature, or of the pro- visions for the administration of justice, with a view to obtain their alteration by lawful means without exciting or attempting to excite disaffection, do not constitute an offence under this section.

124B. Whoever deliberately insults the Constitution of India or any part thereof, the national flm;, the national emblem or the national anthem, by burning desecration or otherwise, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.".

Insult to the Constitu- tion, national flag, national emblem or national anthem.

51. In section 125 of the Penal Code, for the weirds "any Asiatic Power in alliance or at peace with the Government of India", the words "any foreign State at peace with India" shall be substituted.

. Amend- ment of section 125.

52. In section 126 of the Penal Code, for the words "any Power In alliance or at peace with the Government of India", the words "any foreign State at peace with India" shall be substituted.

Amend- , merit of section 126.

53. In sections 128, 129 and 130 of the Penal Code, the words "State

prisoner or" wherever they occur, shall be omitted.

54. For Chapter VII of Lhe Penal Code, the following Chapter shall

be substituted, namely: —

Amend- ment of sections 128, 129 and 130. Substitu- tion of new Chapter for Chapter VTI.

'CHAPTER VII

OFFENCES RELATING TO THE ARMED FORCES

130A. In this Chapter,—

Defini- tions.

(a) "armed forces" means the military, naval and air forces,

and includes any other armed forces of the Union;

(b) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces, and includes a junior commissioned officer, a warrant officer, a petty officer and a non-commissioned officer and a non- gazetted officer;

(c) "member" in relation to the armed forces, means a

person in the armed forc?s other than an officer.

131. Whoever abets the committing of mutiny by an officer or

member of any of the armed forces shall,-—•

Abetment. of mutiny.

(a) if mutiny be committed in consequence of such abet- ment, be punished with death, or with 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;

(b) in any other case, be punished with 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.

132. Whoever attempt to seduce any officer or member of any of the armed forces from his allegiance or his duty shall be punished with imprisonment for life, or with imprisonment of either descrip- tion for a term which may extend to ten years, and shall also be liable to fine.

Attempt- ing to seduce an officer or member oJ any of the armed forces from hia duty.

Abetment of assault on superior officer.

133. Whoever abets an assault by an officer or member of any of the armed forces on any superior officer being in the execution of his office, shall be punished with imprisonment of either descrip- tion for a term which may extend to three years, and shall also be liable to fine.

134. Whoever abets an assault by an officer or member of any of the armed forces on any superior officer being in the execution of his office, shall, if such assault bo committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Abetment of assault on superior officer if the assault la commit- ted.

135. Whoever abets the desertion of any officer or member of

any of the armed forces shall,—

Abetment of deser- tion from aimed forces,

(a) if the desertion be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both;

(b) In any other case, be punished with imprisonment of either description for n term which may extend to two years, or with fine, or with both.

Harbour- ing deserter.

136. Whoever, knowing or having reason to believe that an officer or member of any of the armed forces has deserted, harbours such officer or member, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Exception.—This provision does not extend to the case in which

the harbour is given by a wife to her husband.

137. The master or person in charge of a merchant VOSSP¹, on board of which any deserter from the armed forces is concealed, shall, though ignorant of such concealment, bo liable to a penalty not exceeding five hundred rupees, if ho might have known of such con- cealment but for some neglect of his duty as such master or perron in charge, or but for some want of discipline on board of the vessel.

Deserter concealed on board merchant vessel through negli- gence of master.

138. Whoever abets what he knows to be an act of insubordina-

tion by nn ollicer or member of any of the armed forces shall,—

Abetment of an act of insub- ordina- tion.

(o) if such act of insubordination be committed in conse- quence of that abetment, be punished with irrmrirnnmpnt of either description for a term which may extend to two years, or with fine, or with both;

(b) in any other case, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or wilh both.

138A. Whoever makes or publishes or circulates any statement, rumour or report, with intent to cause, or which is likely to cause, any officer or member of any of the armed forces to mutiny or other- wise disregard or fail in his duty as such officer or member,

Incite, ment to mutiny or other act of insub- ordina- tion.

Explanation,—A person making, publishing or circulating any such statement, rumour or report, who has. reasonable grounds for

believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid, does not commit an offence under this section.

138B. Whoever—

(a) with intent to affect adversely the recruitment of per- sons to serve in the armed forces dissuades or attempts to dis- suade the public or any person from entering any such forces, or

Dissua- sion from enlisting and insti- gation to mutiny or insubordi- nation after en- listment.

(b) without dissuading or attempting to dissuade from entering such forces, instigates the public or any person to do, nfier entering any such force, anything which is punishable as mutiny or insubordination under the law relating to that armed force,

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation.—The provisions of clause (a) do not extend to comment on, or criticism of, the policy of the Government in con- nection with the armed forces, made in good faith without any inten- tion of dissuading from enlistment, or to advicp given in pood faith for the benefit of the individual to whom it is given, or of any mem- ber ctl his family, or of any of his dependants.

139. No person subject to the Armv Act. 1950, the Navy Act, 1957, 46 of 1950 G2of 1957 45 of 1050.

the Air Force Act, 1950, or any other law relating to the armed forces is subject to punishment under this Code for any of the offences defined in this Chapter.

Persons subject to certain lawa not to be punished under the Chapter.

140. Whoever, not being an officer or member of the armed forces, wears any garb or carries any token resembling any garb or token used by such an officer or member, with the intention that it may be believed that he is such an officer or member, shall be punish- ed with imprisonment of either description for a term which may extend to six months, or with fine, or with both.'.

Wearing garb or carrying token used by officer or member of the armed forces.

55. In section 141 of the Penal Code, for the third clause, the following

clause shall be substituted, namely:—-

Amend- ment of section 141.

"Third—To commit any offence,".

5fi. After section 147 of the Penal Code, the following section shall be

inserted, namely: —

Inser- tion of new sec- tion 147A.

"147A. Whoever makes any preparation for committing rioting shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.".

Making prepara- tion to commit rioting.

57. In section 153 of the Penal Code, the words "malignantly, or

wantonly" shall be omitted.

Amend- ment of section 153.

58. In section 153A of the Penal Code,—

(a) in sub-section (1) ,•—

Amend- ment of section 153A.

(i) after the words "punished with imprisonment", the words

"of either description" shall be inserted;

(ii) the following Explanation shall be inserted at the end,

namely: —

"Eocplanation,—For the purposes of this sub-section, in- tention on the part of the offender to promote or attempt to promote disharmony or feelings of enmity, hatred or ill-will is not a necessary ingredient of the offence.";

(b) in sub-section (2), after the words "punished with imprison-

ment", the words "of either description" shall be inserted.

59. In section 153B of the Penal Cndi\ after the words "punished with imprisonment", where they occur at both the pl.-^es, the words "of either description" shall be inserted.

Amend- ment of section 1 53R

60. Aiter section 153B of the Penal Code, the following section shall be inserted, namely: —

Inser- tion of new sec- tion 153C.

"153C. (1) Whoever makes, publishes or circulates any statement,

rumour or r e p o r t-

State- ments conduc- ing to offences against public tranquil- lity.

fa) with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between differ- ent religious, racial, language or regional groups or castes or communities; or

(b) with intent to incite, or which Is likely to incite, any class or community of persons to commit any offence against any- other class or community; or

(c) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public, whereby any person may be induced to commit an offence against the public tranquillity,

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Exception.—A person making, publishing or circulating any such statement, rumour or report, who has reasonable grounds for believ- ing that such statement, rumour or report is true and makes, pub- lishes or circulates It in good faith and without any such intent as aforesaid, does not commit an offence undc?r this section.

(2) Whoever commits an offence specified in sub-section (1) In any place of worship or in any assembly engaged in the performance pf religious worship or religious ceremonies, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.".

Amend- ment of section 164.

61. In section 154 of the Penal Code, for the words "with fine not ex- ceeding one thousand rupees", the words "with imprisonment of either description for a t e rm which may extend to six months, or w i th fina, or w i th both" shall be substituted.

G2. In sections 155 and 156 of the Penal Code, for the wotds "with fine'', the words "with imprisonment of either description for a t e rm which may extend to six months, or with fine, or with both" shall be substituted.

Amend-* ment of sectlona 155 and 156,

63. In section 157 of the Penal Code, for the words "harbours, receives or assembles", the words "assembles, receives or shelters" shall be substituted.

Amend- ment of section 157.

04. In section 160 uf the Penal Code, for the words "one month, or with fine which m ay extend to one hundred rupees", the words "six months, or with fine'' shall be substituted.

Amend- ment of section 160.

65. In section 161 of the Penal Code, in the Explanation, for the fourth

paragraph, the following paragraph shall be substituted, namely: —

Amend- ment of section 161.

' "A motive or r e w a rd for doing." A person who receives a gratification as a motive or r e w a rd for doing w h at he does not in- tend or is not in a position to do or has not done, comes within these words.'.

66. In section 166 of the Penal Code, for the words "one year", the

words "three y e a r s" shall be substituted.

Amend- ment of section 166.

67. In section 167 of the Penal Code,—

Amend- ment of section 167.

(a) for the words "or translation of any document, frames or translates", the words "of any document, prepared" shall be substi- tuted;

(b) t he following Explanation shall be added at t he end,

namely: —

'Explanation.—The expression "preparation of any docu- m e n t" includes preparation of a copy or translation of a docu- ment.'.

68. In section 171 of the Penal Code, for the words "three months, or with fine which may extend to two hundred rupees", the words "six months, or with fine" shall be substituted.

Amend- ment of section 171.

69. In section 171A of the Penal Code, for clause ( b ), the following

clause shall be substituted, namely: —

Amend- ment ol section 171A.

'(b) "electoral right" means the right of a person at an election to stand or not to stand as a candidate, or to w i t h d r aw or not to with- draw his candidature, or to vote or to refrain from voting.'.

70. In sections 171E and 171F of the Penal Code, for the words "one

year", the words "two years'' shall be substituted.

Amend- ment of sections 171E and 171F,

Amend- ment of section 171G.

71. In section 171G of the Penal Code, for the words "shall be punish- ed with fine", the words "or in relation to the candidature or withdrawal of candidature of any candidate, shall be punished with imprisonment of either description which may extend to two years, or with fine, or with both" shall be substituted.

72. In sections 171H and 1711 of the Penal Code, for the words "fine Amend-* ment of

sections

171H

and 1711.

which may extend to live hundred rupees", the words "imprisonment of either description which may extend to two years, or with fine, or with both" shall be substituted.

73. In sections 172 and 173 of the Penal Code,—

Amend- ment of sections 172 and 173.

(a) for the words "one month, or with fine which may extend to five hundred rupees", the words "three months, or with fine" shall be substituted;

(b) after the words "to produce a document", the words "or

other thing" shall be inserted;

(c) for the words "six months, or with fine which may extend to one thousand rupees", the words "one year, or with fine" shall be substituted.

74. In section 174 of the Penal Code,—

Amend- ment of section 174.

(a) for the words "one month, or with fine which may extend to five hundred rupees", the words "Lhreu months, or with fine" shall be substituted;

(b) for the words "six months, or with fine which may extend to one thousand rupees", the words "one year, or with fine" shall be substituted;

(c) the Illustrations shall be omitted.

75. In section 175 of the Penal Code,—

(a) after the word "document", where it occurs at both the

Amend- ment of section 175.

places, the words "or other thing" shall be inserted;

(b) for the words "one month, or with line which may extend to five hundred rupees", the words "three months, or with fine" shall be substituted;

(c) for the words "six months, or with fine which may extend to one thousand rupees", the words "one year, or with fine" shall be substituted;

(d) the Illustration shall be omitted.

76. In section 176 of the Penal Code —

Amend- ment of section 176.

(a) for the words "one month, or with fine which may extend to five hundred rupees", the words "three months, or with fine" shall be substituted;

(b) for the words "six months, or with fine which may extend to one thousand rupees", where they occur at both the places, the words "one year, or with fine" shall be substituted;

77. In section 177 of the Penal Code,—

(a) the words "which may extend to one thousand rupees" shall

Amend- ment of section 177.

be omitted;

(b) the Illustrations shall be omitted;

(c) for the Explanation, the following Explanation shall be sub-

stituted, namely: —

'Explanation.—In section 176 and in this section, the word "offence" includes any act committed at any place out of India., which, If committed in India, would be punishable under this Code; and the word "offender" includes any person who is alleg- ed to have been guilty of any such act.'.

78. In sections 178 and 179 of the Penal Code, the words "which may

extend to one thousand rupees" shall be omitted.

Amend- ment of sections 178 and 179.

79. In section 180 of the Penal Code, for the words "three months, or with fine which may extend to five hundred rupees", the words "six months, or with fine" shall be substituted.

Amend- ment of section 180.

80. In section 182 of the Penal Code, for the words "six months, or with fine which may extend to one thousand rupees", the words "one year, or with fine" shall be substituted.

Amend- ment of section 182.

81. In section 183 of the Penal Code,—

(a) the words "which may extend to one thousand rupees" shall

Amend- ment of section 183.

be omitted;

(b) the following Explanation shall be added at the end,

namely: —

"Explanation.—For the purposes of this section, a public servant shall be deemed to be acting under lawful authority if he acts in good faith and under colour of his office, even if the action of the public servant is not strictly justified by law.".

82. Tn section 184 of the Penal Code, for the words "imprisonment of Amend- ment of section 384.

either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both", the words "fine which may extend to one thousand rupees" shall be substituted.

Amend- ment of section 185.

83. In section 185 of the Penal Code, for the words "imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both", the words "fine which may extend to one thousand rupees" shall be substituted.

84. In section 186 of the Penal Code,—

Amend- ment of section. 180.

(a) for the words "three months, or with fine which may extend to five hundred rupees", the words "six months, or with fine" shall be substituted;

(b) the following Explanation shall be added at the end,

namely: —

"Explanation.—For the purposes of this section, a public ser- vant shall be deemed to be acting in the discharge of hig public functions if he acts in good faith and under colour of his office, even if his action is not strictly justified by law.".

85. In section 187 of the Penal Code,—

Amend- ment of section 187.

(a) for the words "simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both", the words "fine which may extend to one thousand rupees" shall be substituted;

(b) in the second paragraph, the words "which may extend to

five hundred rupees" shall be omitted.

88. In section 188 of the Penal Code, for the words beginning with "disobeys such direction" and ending with "one thousand rupees, or with both", the following shall be substituted, namely: —

Amend- ment of section 188.

"disobeys such direction, shall be punished—

(a) if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, with imprisonment of either description for a term which may extend to one year or with fine, or with both;

(b) if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury to any person lawfully employed, with simple imprisonment for a term which may extend to three months, or with fine, or with both;

(c) in any other case, with fine".

87. In section 193 of the Penal Code,—

(a) in Explanation 2, the Illustration shall be omitted;

Amend- ment of section 1&3.

(b) after Explanation 3, the following Explanation shall be in-

serted, namely:—

"Explanation 4.—For the purposes of this section, it is im- material whether the fabricated evidence is or is not legally ad- missible in the proceeding in which it is intended to be used.".

88. In section 194 of the Penal Code, after the wofds "the person who

gives", the words "or fabricates" shall be inserted.

Amend- ment of section 194.

89. After section 198 of the Penal Code, the following sections .shall be

inserted, namely: —

Insertion of new section* 198A and 198B.

"198A. Whoever, being a medical practitioner, issues or signs any medical certificate or certificate of fitness, knowing that such certi- ficate is false in any material particular, shall be punished with im- prisonment of either description for a term which may extend to one year, or witty fine, or with bothj

Issuing or signing falM medical certifi- cate,

and, if he knows that the certificate is intended to be used in any

stage of judicial proceeding, he shall be punished with imprison- ment of either description for a term which may extend to three years, or with fine, or with both.

1&8B. Whoever corruptly uses or attempts to use any medical certificate or certificate of fitness referred to in section 198A as a true certificate, knowing the same to be false in any material particular, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both;

Using as true a medical certificate known to be false.

and, if he so uses or attempts to use it in any stage of a judicial proceeding, he shall be punished with imprisonment of either des- cription for a term which may extend to three years, or with fine, or with both.".

90. In section 204 of the Penal Code, after the word "document",

where it occurs at both the places, the words "or other thing" shall be inserted.

Amend- ment of section 204.

91. After section 207 of the Penal Code, the following section shall be

inserted, namely: —

Insertion of new section 207 A.

Removal of attach- ed pro- perty.

"2O7A. Whoever, knowing or having reason to believe that any movable property has been lawfully attached by the order of a Court of Justice, removes or interferes with such property otherwise than in accordance with law, shall, whether or not, he was a party to the proceedings in which the order was made, be punished with imprison* ment of either description for a term which may extend to two years, or with fine, or with both.".

92. For section 211 of the Penal Code, the following section shall bo

substituted, namely: —

Substitu. tlon of new section lor sec- tion 211.

"211. Whoever, with intent to cause injury to any person,—

(") institutes or causes to be instituted in a Court of Justice any criminal proceeding against that person, knowing that there is no just"or lawful ground for such proceeding against that per- son; or

Pake charge of offence made with intent to Injure.

(b) falsely charges that person in a Court of Justice with having committed an offence, knowing that there Is no just or lawful ground for such charge against that person,

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 such criminal proceeding be instituted on a false charge of an offence punishable with imprisonment for seven years or a more severe sentence, he shall be punished with Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.".

93. In section 213 of the Penal Code, the following Explanation and

Exception shall be inserted at the end, namely:-—

Amend- ment of section 213.

"Explanation.—It is not necessary to the commission of an offence under this section that the offender should have done, or desisted from doing, what he undertook to do or to desist from doing.

Exception.—The provisions of this section do not extend to any

case in which the offence may lawfully be compounded.".

94. In section 214 of the Penal Code, for the Exception, the following

shall be substituted, namely: —

Amend- ment of eection 214.

"Explanation.—It is not necessary to the commission of an offence under this section that the other person should have done, or desisted from doing, what he undertook to do, or to desist from doing.

Exception.—The provisions of this section do not extend to

any case in which the offence may lawfully be compounded.".

95. In section 216A of the Penal Code,—

Amend- ment of section 1H6A.

(a) for the words "or have recently committed robbery or dacoity" the words "the offence of kidnapping, abduction, robbery or dacoity" shall be substituted;

(5) for the words "such robbery or dacoity, or of screening them or any of them from punishment", the words "such offence" shall be substituted;

(c) in the Explanation, for the words "robbery or dacoity", the

word "offence" shall be substituted.

96. In sections 217 and 218 of the Penal Code, for the words "legal punishment", the words "punishment for an offence" shall be substituted.

Amend- ment of sections 217 and 218.

97. In sec Lion 228 of the Penal Code,—

(a) for the words "six months", the words "two years" shall be

Amend- ment of section 228.

substituted;

(b) the words "which may extend to one thousand rupees"

shall be omitted,

98- For section 229 of the Penal Code, the following sections shall be

substituted, namely: —

Substitu- tion of new sec- tions for section 229.

Inter- ference with wit- nesses.

"229. Whoever, by threats, bribes or other corrupt means, dis- suades or attempts to dissuade any person from giving evidence before a public servant legally competent to examine him as a witness, shall be puni hed with imprisonment of either description for a term which may extend to six months, or with fine, or with both

Failure by person released on ball or bond to appear in court.

229A. Whoever, having been charged with an offence and released on bail or on his own bond, fails, without sufficient cause (the burden of proving which shall lie upon him), to appear in court in accordance with the terms of the bond, shall be punished with im- prisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation.—The punishment in this section is—

(a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he is charged; and

(b) without prejudice to the power of the court to order

forfeiture of the bond.".

99. For section 230 of the Penal Code, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 230.

"Coin" defined.

'230. "Coin" is metal used for the time being as money, and stamped and issued by the authority of the Government of India, or of the Government of a country outside India in order to be so used.

Eocplanation.—Metal which has been stamped and issued by the authority of the Government of India in order to be used as money shall continue to be coin for the purposes of this Chapter, notwith- standing that it may have ceased to be used as money.'.

100. Sections 231, 233, 236, 237, 239, 242, 246, 248, 250 and 252 of the

Penal Code shall be omitted.

Omission of sections 231, 233, 236, 237, 230, 242, 246, 248, 250 and 252.

101. In section 232 of the Penal Code,—

(a) for the words "Indian coin", the words "any coin" shall be

substituted;

Amend- ment of section 232.

(b) the following Explanation shall be inserted at the end,

namely: —

"Explanation.—A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.".

102. In sections 234, 238 and 243 of the Penal Code, for the words

"Indian coin", the words "any coin" shall be substituted.

Amend- ment of sections 234,238 and 243.

103. In section 235 of the Penal Code,—

(a) for the words "three years", the words "ten years" shall t>e

substituted;

Amend- ment of section 23S.

(h) the second paragraph shall be omitted.

Amend- ment of section 240.

104. In section 240 of the Penal Code, for the words "which is a counterfeit of Indian coin, and which, at the time when he became possess- ed of it, he knew to be a counterfeit of Indian coin", the words "which, at the time when he became possessed oi it, he knew to be a counterfeit coin" shall be substituted.

14)5. In section 247 of the Penal Code —

(a) for the words "any Indian coin", the words "any coin" shall Amend- ment of section 247.

be substituted;

(b) the following Explanation shall be inserted at the end,

namely: —

"Explanation,—A person who scoops out a part of the coin and puts anything else into the cavity alters the composition of that coin.".

106. In section 249 of the Penal Code, for the words "any Indian coin",

the words "any coin" shall be substituted.

107. In section 254 of the Penal Code, for the words and figures "sections 246, 247, 248 or 249", the words and figures "section 247 or section 249" shall be substituted

Amend- ment of section 249. Amend- ment of section 254.

108. After section 254 of the Penal Code, the following section shall

be inserted, namely: —

Insertion of new sec- tion 254A. Dishonest use of slugs in vending machines.

"254A- Whoever dishonestly inserts or uses in a machine which sells goods or services or collects fares or tolls, anything that is in- tended to pass for, but is not, the coin or the token of value that the machine is designed to receive in exchange for the goods, services, fare or toll, as the case may be, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

109. For section 263A of the Penal Code, the following sections shall

be substituted, namely: —

263A. The provisions of sections 247, 249 and 251 shall apply In relation to postage stamps issued by the Government of a foreign country as they apply in relation to revenue stamps.

Substitu- tion of new s ec tions for section 263A. Applica- tion of preceding sections to foreign postage stamps.

263B. (1) Whoever—

Prohibition of fictitious postage stamps.

(a) makes, knowingly utters, deals in or sells any fictitious postage stamp, or knowingly uses for any postal purpose any such stamp, or

(b) has in his possession, without lawful excuse, any such

stamp, or

(c) makes or, without lawful excuse, has in his possession, any die, plate, instrument or material for making any such stamp,

shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious postage stamp may be seized and, if seized, shall be forfeited.

(3) In this section, "fictitious postage stamp" means any stamp falsely purporting to be issued by the Government of India or of a foreign country for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or other- wise, of any stamp issued by such Government for that purpose.'.

110. In sections 264, 265, 266 and 267 of the Penal Code, for the

words "one year", the words "two years" shall be substituted.

Amend- ment of sections 264 to 267.

111. In section 269 of the Penal Code, for the words "six months", the

words "one year" shall be substituted.

112. In section 270 of the Penal Code,—

(a) for the words "malignantly", the word "wilfully" shall be

Amend- ment of section 269. Amend- ment of section 270.

substituted;

(b) for the words "two years", the words "three years" shall be

substituted.

113. In sections 272, 273, 274, 275 and 276 of the Penal Code, for the

words "six months, or with fine which may extend to one thousand rupees", the words "seven years or with fine" shall be substituted.

Amend- ment of sections 272 to 278.

114. In section 277 of the Penal Code,—

(a) after the words "public spring", the word "well" shall be

Amend- ment of section 277.

inserted;

(b) for the words "three months," or with fine which may extend to five hundred rupees", the words "one year, or with fine" shall be substituted.

Amend- ment of section 278.

115. In section 278 of the Penal Code, for the words "fine which may extend to five hundred rupees", the words "imprisonment of either des- cription for a term which may extend to six months or with fine, or with both" shall be substituted.

116. In section 279 of the Penal Code, the words "which may extend

to one thousand rupees" shall be omitted.

Amend- ment of section 279.

117. After section 279 of the Penal Code, the following section shall

be inserted, namely: —

Insertion of new section 279A.

"279A. Whoever knowingly or negligently drives any vehicle on a public way when that vehicle is in such a state or so loaded as to endanger life, shall be punished with imprisonment of either descrip- tion for a term which may extend to six months, or with fine, or with both.".

Driving unsafe or overload- ed vehicle on a public way.

118. In sections 280, 282, 284, 285, 286, 287, 288 and 289 of the Penal

Code, the words "which may extend to one thousand rupees" shall be omitted.

Amend- ment of sections 280, 282

and 284 to 289.

119- In sections 283 and 290 of the Penal Code, the words "which may

extend to two hundred rupees" shall be omitted.

Amend- ment of sections 283 and 290.

120. In section 292 of the Penal Code, after sub-section (2), the follow-

ing sub-section shall be inserted, namely:—

Amend- ment of section 292.

"(3) Where, in any prosecution under this section, the question is whether the publication of any book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other object of general concern, the opinion of experts as to its scientific, literary, artistic, academic or other merit may be admitted in evidence.".

121. For section 294A of the Penal Code, the following section shall be substituted, namely: —

Substitu- tion ot new section for sec- tion 294A.

"294A. (1) Whoever, in connection with any lottery promoted or

proposed to be promoted, whether in India or elsewhere —

(a) prints any tickets for use in the lottery; or

Offencea in con- nection with

lotteries.

(b) sells or distributes, or offers or advertises for sale or distribution, or has In his possession for the purpose of sale or distribution, any tickets or chances in the lottery; or

(c) prints, publishes or distributes, or has in his possession

for the purpose of publication or distribution,—

(i) any advertisement of the lottery; or

(ii) any list, whether complete or not, of prize winners

or winning tickets In the lottery; or

(iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, as Is calculated to act as an Inducement to per- sons to participate In that lottery or in other lotteries; or

(d) brings, or invites any person to send, Into India for the purpose of sale or distribution any ticket in, or advertisement of, the lottery; or

(e) sends or attempts to send out of India any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution or the Identity of the holder, of any ticket or chance in the lottery; or

(f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promo- tion or conduct of the lottery; or

(g) causes, procures or attempts to procure any person to

do any of the above-mentioned acts,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

(2) Nothing in this section applies in relation to a lottery which

is a State lottery or is authorised by the State Government.

(3) The State Government may authorise a lottery with refer-

ence to this section, where it is satisfied that—

(a) the profits of the lottery are to be appropriated towards

any charitable purpose: ; or

(b) participation in the lottery is confined to the members of a society or other group of pemons, and is not open to the public; or

(c) the lottery is incidental to an entertainment; or

(d) it is otherwise in the public interest to authorise the lottery.".

122. For section 302 of the Penal Code, the following section shall be

substituted, namely: —

"302. (1) Except in the cases specified in sub-section (2), who- ever commits murder shall be: nunished with imprisonment for life and shall also be liable to fine.

(2) Whoever commits nun-lpr shall,—

(a) if the murder has been committed after previous plan-

Substitu- tion of new section lor sec- tion 302. Punish, ment for murder.

ning and involves extreme brutality; or

(b) if the murder involves exceptional depravity; or

(c) if the murder is of a member of any armed forces of the Union or of any police force or of any public servant whose duty it is to preserve peace and order in any area or place, while such member or public servant is on duty,

be punished with death, or imprisonment for life, arid shall also be liable to fine.".

123. In section 304A of the Penal Code, for the words "two years", the words "five years" shall be substituted.

Amend- ment of section 304A.

124. In section 305 of the Penal Code, after the words "imprisonment

for life or", the word "rigorous" shall be inserted.

125. For sections 307 and 308 of the Penal Code, the following sec-

tions 'shall be substituted, namely: —

Amend- ment of section 305. Substitu- tion of new flec- tions for sec- tions 307 and 308. Attempt to mur- der.

"307. Whoever attempts to commit murder shall be punished with rigorous imprisonment 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 may,-—

(a) if under sentence of imprisonment for life, be punished

With death; and

(b) in any other case, be punished with imprisonment for life.

Attempt to commit culpable homi- cide.

308. Whoever attempts to commit culpable homicide not amount- ing to murder shall be punished with imprisonment of either des- cription 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-

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has com- mitted the offence denned in this section.".

126. Section 309 of the Penal Code shall be omitted.

Omission of sec- tion 309.

34 of 1971.

Amend- ment of section 312.

127. In section 312 of the Penal Code, after the words "causes a woman with child to miscarry", the words and figures "except in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971," shall be Inserted.

Amend- ment of section 313,

128. In section 313 of the Penal Code, for the words "imprisonment for life, or with imprisonment of either description for a term which may ex- tend to ten years", the words "rigorous imprisonment for a term which may extend to ten years" shall be substituted.

129. After section 318 of the Penal Code, the following section shall be

inserted, namely: —

Insertion of new section 31SA, Failure to pro- vide neces- saries of life.

"318A. Whoever having sufficient means and being legally bound to provide the necessaries of life to any person, fails without lawful excuse to do so, knowing that such failure will endanger the life, or seriously impair the health, of that person, shall be punished with im- prisonment of either description for a term which may extend to three years, or with fine, or with both.".

130. For section 320 of the Penal Code, the following section shall be

substituted, namely: —

"320. The following kinds of hurt only are designated as

Substitu- tion of new sec- tion for section 320. Grievous hurt.

grievous:—

(1) deprivation or impairment of the sight of either eye or

the hearing of either ear;

(2) deprivation or destruction of any organ, member or joint;

(3) permanent impairment of the powers of any organ, mem-

ber or joint;

(4) permanent disfiguration of the head or face-

(5) fracture or dislocation of a bone;

(6) any hurt which endangers life or which causes the suf- ferer to be in severe bodily pain for ten days.¹'.

to one thousand rupees" shall be omitted.

131. In section 323 of the Penal Code, the words "which may extend A m e n d" Jetton

323.

words "seven years" shall be substituted,

132. In section 327 of the Penal Code, for the words "ten years", the Amend- m e nt of

section 327.

133. For section 328 of the Penal Code, the following section shall be Substitu.

substituted, namely:—

uonof new sec- tion for section 328.

"328. Whoever administers to, or causes to be taken by, any per- Adminis.

son any poison or any stupefying, intoxicating or unwholesome subs- Bering tance with intent to commit, or to facilitate the commission of, an Polsont etc offence, shall be punished with rigorous imprisonment for a term w i^ which may extend to ten years and shall also be liable to fine.". intent to commit

life, or" shall be omitted.

an offence. 134. In section 329 of the Penal Code, the words "imprisonment for Amend- meat of section 329.

^ omitted.

135. In sections 332 and 333 of the Penal Code, the word "lawful" shall Amend- Snt

332 and

333.

136. In section 334 of the Penal Code, for the words "with imprison- Amend- ment of either description for a term which may extend to one month, ment of or with fine which may extend to five hundred rupees, or with both", the action words "with fine which may extend to one thousand rupees" shall be substituted.

137. In section 335 of the Penal Code,— Amend- (a) for the words "four years", the words "three years" shall be ment of i i,i j. j

section

substituted;

3gB (b) the words "which may extend to two thousand rupees" shall be omitted.

138. In section 336 of the Penal Code,— Amend-

(a) for the words "three months", the words "six months" shall ™^0° be substituted;

336.

(b) for the words "two hundred and fifty rupees", the words "five hundred rupees" shall be substituted.

139. In section 337 of the Penal Code,— Amend-

(a) for the words "six months", the words "one year" shall be m e nt ot v ' substituted;

section 337 (b) the words "which may extend to five hundred rupees" shall be omitted.

140. In section 338 of the Penal Code,—

(a) for the words "two years", the words "three years" shall be

Amend- ment of section 338.

substituted;

(b) the words "which may extend to one thousand rupees" shall

be omitted.

141. For sections 341 to 344 of the Penal Code, the following sections

shall be substituted, namely: —

Substitu- tion of new sections for sec- tions 341 to 344.

Punish- ment for wrongful restraint.

"341. Whoever wrongfully restrains any person, shall be punished with fine which may extend to one thousand rupees; and, If the offence is jointly committed by ten or more persons, every one of them shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Punish- ment for wrongful confine- ment.

342, Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a term which may ex- tend to one year, or with fine, or with both; and, if the offence is jointly committed by ten or more persons, every one of them shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

343. Whoever wrongfully confines any person for five 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.".

Wrongful confine- ment for live days or more.

142. In section 352 of the Penal Cu 'c?, for the words "three months, or with fine which may extend to five hundred rupees", the words "six months, or with fine" shall bo substituted.

Amend- ment of section 352.

143. After section 354 of the Penal Code, the following section shall be

inserted, namely: —

Insertion of new- section 3S4A. Indecent assault on a minor.

"354A. Whoever assaults any minor under sixteen years of age in an indecent, lascivious or obscene manner, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.".

144. In section 356 of the Penel Code, for the words "on any property",

the words "of any property" shall be substituted.

145. In section 361 of the Penal Code,—

(a) for the Explanation, the following Explanation shall be sub-

stituted, namely: —

Amend- ment of section ase. Amend- ment of section 361

'Explanation.—In this section, the expression "lawful guar- dian" includes any person who has lawful custody of a minor or of a person of unsound mind.';

(b) in the Exception, lor the word "unlawful", the word "illegal"

shall be substituted.

146. For section 362 of the Penal Code, the following sections shall be

substituted, namely: —

Substitu- tion of new sec- tions for section 362.

"362. Whoever—

Abduc- tion.

(a) by force or show of force compels, or by any deceitful means induces, any person to go from any place, or to move to a place other than the place of destination of that person, or

(b) takes any person away from any place without the con- sent of that person or some person legally authorised to consent on behalf of that person,

is said to abduct that person.

362A. (1) Whoever on board an aircraft in flight, being an air- craft registered in India, unlawfully by force or show of force seizes such aircraft or exercises control of it for the purpose of landing at a place other than the place of its destination shall be punished with imprisonment for life.

Forcible seizure and con- trol ol aircraft and other vehicles.

(2) Whoever on board any vehicle, other than an aircraft, regis- tered in India, unlawfully by force or show of force seizes such vehicle or exercises control of it for the purpose of taking it to a place other than the place of its destination shall be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.".

Amend- ment of section 383.

147. In section 363 of the Penal Code, after the words "shall also be liable to fine", the words "and if the person who is kidnapped, is under fifteen years of age, the imprisonment with which the offender shall be punished shall not be less than three years" shall be inserted,

148. In section 3(53A of the Penal Code, in sub-section (1), after the words "ten years", the words "but which shall not be less than five years¹' shall be inserted.

Amend- ment of section 363A.

149. After section 364 of the Penal Code, the following section shall be

inserted, namely: —

Inser- tion of new section 364A.

"364A. Whoever kidnaps or abducts any person in order that such person may be held to ransom shall be punished with rigorous Im- prisonment for a term which may extend to fourteen years, and shall also be liable to fine.".

150. For sections 366 and 366A of the Penal Code, the following sec-

tions shall be substituted, namely: —

Kidnap- ping or abducting for ransom. Substitu- tion of new sec- tions for sections 366 and 366A.

"366. Whoever kidnaps or abducts any woman—

(a) 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

Kidnap- ping or abducting woman to compel her marriage, etc.

ft) with intent 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 rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Procura- tion of woman or minor girl.

366A. (1) Whoever, by means of criminal intimidation 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 be punished with rigorous imprisonment which may extend to ten years, and shall also be liable to fine.

(2) 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 it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punished with rigorous imprisonment which may extend to ten years and shall also bo liable to fine.".

151. In section 366B of the Penal Code, for the word "imprisonment",

the words "rigorous imprisonment" shall be substituted.

Amend- ment of section 366B.

152. In section 367 of the Penal Code, for the words "imprisonment of either description", the words "rigorous imprisonment" shall be substi- tuted.

Amend- ment of section 367.

153. For section 368 of the Penal Code, the following section shall be

.substituted, namely: —

"368. Whoever, knowing that any person has been kidnapped or abducted, wrongfully conceals or confines such person shall be puni- shed with rigorous imprisonment for i term which may extend to seven years, and shall also be liable to fine,".

Substitu- tion of new sec- tion for section 368. Wrong- fully con- cealing of keeping in confine- ment, kid- napped or abducted person.

Amend- ment of section 369.

154. In section 369 of the Penal Code, for the words "with imprison- ment of either description for a term which may extend to seven years", the words "with rigorous imprisonment for a term which may extend to seven years, but which shall not be less than two years" shall be substi- tuted.

155. In sections 370, 371 and 372 of the Penal Code, for the words "im- prisonment of either description", the words "rigorous imprisonment" phall be substituted.

Amend- ment of sections 370 to 372.

156. In section 373 of the Penal Code, after Explanation II, the fol-

lowing Explanation shall be inserted, namely: —

Amend- ment of section 573.

"Explanation III.—For the purposes of this section, it is not ne- cessary that the possession of the minor should have been obtained from a third person.".

157. For the heading "Of Rape" and sections 375 and 376 of the Penal Code, the following heading and sections shall be substituted, namely: —

'Sexual Offences

Substltu. tion of new sec- tions for sections 375 and 370. Rape.

375. A man is said to commit rape who has sexual intercourse—

(i) with a woman, other than his wife,—

(a) against her will, or

(b) without her consent, or

(c) with her consent when it has been obtained by put- ting her in fear of death or of hurt, either to herself or to anyone else present at the place, or

(d) 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, or

(e) with or without her consent, when she is under six-

teen years of age;

(u) with his wife who is under fifteen years of age.

Explanation 1.— Penetration is sufficient to constitute the sexual

intercourse necessary to the offence of r.'ipe.

Explanation 2.—A woma : living separately from her husband under a decree of judicial se-oaration or by mutual agreement shall be deemed to be a woman otbor than his wife for the purpose of this section.

376. Whoever commits rape shall,.—

Punish- ment for rape.

(i) if the woman raped is his own wife and is not under twelve years of age, be punished with imprisonment of either description for a term which may extend to two years;

(it) if the woman raped is his own wife but living separately from him, under a decree for judicial separation or by mutual agreement, be punished with imprisonment of either description for a term which may extend to seven years;

(Hi) in any other case, be punished with imprisonment for

life,

and shall also be liable to fine.

376A. Whoever, being a public servant, compels or seduces to illicit sexual intercourse any woman who is in his custody as such public servant, shall be punished with imprisonment of either des- cription for a term which may extend to two years, or with fine, or with both.

Illicit in- tercourse of pub- lic ser- vant with woman in his custody.

376B. Whoever, being the superintendent or manager of a women's or children's institution or holding any other office in such institution by virtue of which he can exercise any authority or control over its inmates, compels or seduces to illicit sexual inter- course any female inmate of the institution shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illicit inter- course of superin- tendent, etc., with inmate of women's or child-

ren's ins- titution.

Explanation.—In this section, "women's or children's institution" means an institution, whether called an orphanage, home for neg- lected women or children, widows' home or by any other name, which is established and maintained for the reception and care of women or children, but does not include—

(a) any hostel or boarding house attached to, or controlled

or recognised by, an educational institution, or

(b) any reformatory, certified or other school, or any home or workhouse, governed by any enactment for the time being in force.

376C. Whoever, being concerned with the management of a hos- pital or being on the staff of a hospital, has Illicit sexual intercourse with a woman who is receiving treatment for a mental disorder in that hospital, shall be punished with imprisonment of either descrip- tion for a term which may extend to two years, or with fine, or with both.

Illicit in- tercourse of mana- ger, etc. of a hos- pital with men- tally dis- ordered patient.

Explanation.—It shall be a defence to a charge under this sec- tion for the accused to prove that he did not know, and had no reason to believe, that the woman was a mentally disordered patient.'.

158- For section 377 of the Penal Code, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 377.

Buggery.

"377. Whoever voluntarily has carnal intercourse against the order of nature with any man or woman shall be punished with im- prisonment of either description for a term which may extend to two years, or with fine, or with both; and where such offence is commit- ted by a person over eighteen years of age with a person under that age, the imprisonment may extend to seven years.

Explanation.—Penetration is sufficient to constitute the carnal

intercourse necessary to the offence described in this section.".

159. For sections 380 and 381 of the Penal Code, the following sections

shall be substituted, namely: —

Substitu- tion of new sec- tions lor sections 380 and 381.

"380. Whoever commits theft—

(a) in any building or tent used as a human dwelling or for

the custody of property, or

(b) in, or in respect of, any vehicle, vessel or aircraft used Theft in building, vehicle or temple, etc.

for the transport of goods or passengers, or

(c) in a temple, mosque, church, curdwara or other place of worship open to the public, in respect of any property which belongs to, or is part of, such place of worship, or which is in- tended for the purpose of worship, or

(d) in respect of any property of the Government or of a local authority or of a Corporation owned or controlled by the Government,

shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

380A. Whoever, taking advantage of the occurrence of an acci- Thefi of dent in a public place or of a fire, flood, riot, earthquake or similar property calamity in any area commits theft in that place or area, shall be "f l e c t ed punished wilh imprisonment of either description for a t e rm which n^ci

flood, etc. 381. Whoever, being employed in any capacity by another per- Theft son, commits theft in rcspoct of any property in the possession of by that person, shall bo punished with imprisonment of either description °!jru for a term which may extend to seven years, and shall also be liable to fine.".

160. After section 385 of the Penal Code, the following section shall Insertion

of n ew be Inserted, namely:—

section 385 A. '385A. Whoever dishonestly threatens any person with the making Black- or publication of any imputation which is likely to h a rm his reputa- mail, tion or the reputation of any near relative of t h at person, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation 1,~In this section, "near relative" means parent, spouse, son or daughter.

Explanation 2.—Where the threat is of accusation of the com- mission of an offence, it is immaterial whether the accusation is true or false.'.

161. In section 388 of the Penal Code, the words and figures "and, if the ^ ™e nj" offence be one punishable under section 377 of this Code, may be punished ™ ^o° with imprisonment for life" shall be omitted.

3 38

102. In section 389 of the Penal Code, the words and figures "and, if the ^rttt offence be punishable under section 377 of this Code, may be punished a c^"i on with imprisonment for life" shall be omitted.

389.

163. For section 396 of the Penal Code, the following section shall be ^ ? s t i-

suVistituted, namely:—

of new section for •riv tion 3DG.

"39(5. If any one of five or more persons, who arc conjointly com- Bacolly mitting dacoity., commits murder in so committing dacoity, every one ^^ of those persons -shall,—

(a) whore the murder is committed in the circumstances specified in clause (a), clause (b) or clause (c) of sub-section (2)

of section 302, be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years,

(b) in any other case, be punished with imprisonment for life, or rigorous imprisonment for a term which may extend to ten years,

and shall also be liable to fine.".

164. In section 39Y of the Penal Code, the words "uses any deadly

weapon, or" shall be omitted.

Amend- ment of section 397.

165. In section 398 of the Penal Code,—

(a) after the words "at the time of", the words "committing or" Amend- ment of section 398.

shall be inserted,

(b) for the words "seven years'", the words "five years" shall be

substituted.

166. In section 399 of the Penal Code,—

(a) after the words "for committing dacolty", the words, "or Amend- ment of section 3D9.

robbery" shall be inserted;

(b) for the words "ten years", the words "seven years" shall be

substituted.

167. In sections 400 and 401 of the Penal Code, for the words "Whoever,

at any time after the passing of this Act, shall belong", the words "Who- ever belongs" shall be substituted.

Amend- ment of sections 400 and 4f)i

168. In section 402 of the Penal Code, for the words '\ at any time after the passing of this Act shall be one of five,", the words "is one of five" shall be substituted.

Amend- ment of section 402.

169. In section 403 of the Penal Code, Explanation 1 and Explanation 2 Amend- ment of section 103.

shall be re-numbered as Explanation 2 and Explanation 3 respectively and before Explanation 2 as so re-numbered, the following Explanation shall be Inserted, namely: —

"Explanation 1.—A partner in a partnership appropriating for his own use any property of the partnership without authority to do so under the partnership agreement or without the consent of the other partner, is guilty of an offence under this section.".

170. In section 404 of the Penal Code, after the words "converts to

".Is own use", the word "any" sha¹! be inserted.

171. In section 408 of the Penal Code, for the words "being a clork or servant or employed as a clerk or servant", the words "being employ^ ed in any capacity" shall be substituted.

172. In secion 409 of the Penal Code, the word "factor," shall be omit ted.

Amend, ment of section 409.

173. For section 410 of the Penal Code, the following section shall b< substituted, namely:—

Substitu, tion of new aec. lion for section 410.

Stolen property.

'410. Property, the possession whereof has been transferred b> theft, extortion, robbery or cheating, and property which has beer criminally misappropriated or in respect of which criminal breact of trust has been committed, is designated as "stolen property" whe- ther the transfer has been made, or the misappropriation or breach oi trust has been committed, within or without India. But, if such pro- perty subsequently comes inlo the possession of; a person legally en- titled to the possession thereof, it then ceases to be. stolen property.

Explanation.—Property, the possession whereof has been transfer- red by an act which would otherwise be an offence specified in this scctkm but is not that offence by virtue of section 82 ior section 84 shall be deemed to be stolen property.

Illustration

A, a child, six yeary of age, snatches away a necklace from another child, voluntarily causing hurt to that child. Z, knowing this fact, dishonestly receives the necklace from A. Though A's act is not rob- bery by virtue of section 82, the necklace is stolen property, and Z has committed the ollence defined in section 411.'.

174. In sections 411 and 414 of the Penal Code, after the words "with

both", the following shall be inserted, namely:—

Amend- ment of sections 411 and 414.

"and if the stolen property is the property of the Government or of a local authority or of a corporation owned or controlled by the Government and the offender knows or has reason to believe it to be so, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.".

175. For section 415 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion of new sec. tion for section 415.

'415. Whoever, by deceiving any person,—

Cheat- Ing.

(a) fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or t0 consent that any per- son shall retain any property, or

(b) intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or pro- perty,

is said to "cheat".

Explanation.—A dishonest concealment of facts, or, where there is a legal duty to disclose particular facts, a dishonest omission to dis- close those facts, is a deception within the meaning of this section.¹.

176. For section 420 of the Penal Code, the following sections shall be ubstituted, namely:—

Substitu, lion of new sec_ lions for section 420.

'420. (1) Whoever cheats and thereby dishonestly induces the person deceived—

(a) to deliver any property to any person, or

(5) to consent that any person shall retain any property, or

Cheat- ing and dis- honestly inducing delivery of pro- perty.

(c) to make, alter or destroy the whole or any part of a valu- able security, or

(d) to make, alter or destroy anything which is signed or sealed and which is capable of being converted into a valuable security,

shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

420A. Whoever, in performance of any contract with the Govern- ment or a local authority or a corporation owned or controlled by the Government, for the supply of any goods, the construction of any building or execution of other work—

Cheating public mthorl- 1ica in perform- ance of certain contracts.

(a) i,n the case of a contract for the supply of goods, dishonest- ly supplies goods which are less in quantity than, or inferior in quality to, those he contracted to supply, or which are, in any manner whatever, not in accordance with the contract, or

(b) in the case of a contract for the. construction of a building or execution of other work, dishonestly uses materials which are less in quantity than, or inferior in quality to, those he contracted to use, or which are, in any manner, whatever, not in accordance with the contract,

shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

420B. Whoever, being employed by another, accepts or obtains or agrees to accept or attempts to obtaifi, from any person for himself or for any other person, any gratification, other than legal remuneration; as a motive or reward—

(a) for doing or forbearing to do any act in relation to his em- Employee taking bribe in respect of emplo- yer's nfTaira or business.

ployer's affairs or business; or

(b) for showing or forbearing to show, in the exercise of his functions, favour or disfavour to any person in relation to his employer's affairs or business,

shall be punished with imprisonment of either description for a term which may extend to three years, or with line, or with both.

Explanations.— (1) An advocate who receives a fee for arguing a case before a judge, a. solicitor, a chartered accountant, a cost account- ant or an architect who receives u fee or commission or other remun- eration for rendering professional service shall be deemed to be employed by another for the purpose of this section.

(2) The word "gratiiication" is not restricted to pecuniary grati-

fication, or to gratifications estimable in money.

(3) The words "legal remuneration" are not restricted to remune- ration which any employee can lawfully demand, but include all remuneration which he is permitted by his employer to accept.

(4) "A motive or reward for doing." A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do or has not done, comes within these words.

Exception.—This section does not extend to a case in which the

employee is a public servant acting as such.'.

177. For sections 426 to 432 of the Penal Code, the following sections

shall be substituted, namely:—

1 Substitu- tion of new sec- tions for sections 426 to 432,

Punish- ment lor mischief.

"426. Whoever commits mischief shall be punished with imprison- ment of either description for a term which may extend to one year, or with fine, or with both,

427. Whoever commits mischief in respect of any property of the Government or of a local authority or a corporation owned or con- trolled by the Government or in respect of any machinery, and there- by causes loss or damage to the amount of one hundred rupees or up- wards, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Mischief causing damage to public property or rnachln. cry to the amount of one hundred rupees. or upwards.

Mischief by killing or maim- ing animal.

428. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of two hundred rupees or upwards, shall be punished with im~ prisonment of either description for a term which may extend to three years, or with fine, or with both.

429. Whoever commits mischief by doing any act which causes, or

which he knows to be likely to cause,—

(a) a diminution of the supply of water to the public or to

any person for any purpose; or

(b) an inundation of, or obstruction to, any public drainage, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Mischief by caus- ing diminu- tion of supply of water or Inunda- tion or obstruc- tion In drainage.

430. W h o e v er commits mischief by doing a ny act which r e n d e rs

any public road, bridge, navigable channel, natural or artificial, im- passable or less safe for travelling or conveying property, shall be punishea with imprisonment of either description for a term which maj extend to three years, or with fine, or with both.

Mischief by injury to public road, bridge, river or channel.

431. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrqngful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

MischieX committed alter pre. paration made for causing death or hurt or wrongful restraint.

432. Whoever commits mischief by destroying or moving or ren- dering lees useful any air-route, beacon or aerodrome light, or any light at or in the neighbourhood of an air-route or aerodrome provided in compliance with law, or any other thing exhibited or used for the guidance of aircraft, shall be punished with imprison- ment of either description for a term which may extend to seven years, or with fine, or with both.".

Mischief by destroy- ing, mov- ing or rendering less useful air-route, beacon, etc.

178. For sections 434 to 440 of the Penal Code, the following sections

shall be substituted, namely:—

Substitu- tion of new sec- tions for sections 434 to 440. Mischief with intent to destroy of make unsafe aircraft or vessel.

"434. Whoever commits mischief to any aircraft or to any decked vessel or to any vessel of a burden of twenty tonnes or upwards, intending to destroy or render unsafe, or knowing it to bj likely that he will thereby destroy or render unsafe, that aircraft o; v 3sel, shall be punished with imprisonment of either description for a term which may extend to -seven years, and shall also be liable to fine and if such mischief is committed or attempted by fire or any explosive substance, shall be punished with imprisonment for life, or with the punishment aforesaid.

435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause damage to any property to the amount of one hundred rupees or upwards, shall be punished with imprisonment of either descrip- tion for a term which may extend to seven years, and shall also be liable to fine.

Mischief by flre or explosive substance with intent to cause damage to amount of one hundred rupees.

4dW. Whoever commits mischief by fire or any explosive substance,

Intending to cause, or knowing it to be likely that he will thereby caus°, the destruction of,- -

Mischief by fire or e (plosive dubatance with intent to destroy

(a) any building which is ordinarily used aa a place of wor- ship or as a human dwelling or us a place for the custody of pro- perty; or

(b) any object therein which is held sacred by any class of

persons,

place of worship, house, t'ti

shall be punished with imprisonment for life, or with imprisonment of either description for a torm wlwh may extend to ten years, and Khali also be liable to fine.".

179. For section 441 of the Pe,nal Code, the following section ,i.'hal.l be

substituted, namely:—

Subtiiitu. lion of new sec- tion for section 441.

"441. Whoever-

Criminal trespass.

(a) enters into or upon property In the possession of another with Intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or

(b) having entered into or upon such property without such

intent, unlawfully remains there with such intent,

is said to commit criminal trespass.".

180. For sections 443 to 460 of the Penal Code, the following sections

shall be substituted, namely:—

Substitu-

tion of

new sec-

tions for

sections

443 to 460.

"443. A person commits burglary, if—

Burglary.

(a) he commits house-trespass in order to commit theft or any offence punishable with imprisonment for seven years or upwards; or

(b) having committed house-trespass, he commits theft or any

such offence as aforesaid.

444. Whoever commits criminal trespass, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Punish- ment for criminal trespass.

445. Whoever commits house-trespass, shall be punished with im- prisonment of either description for a term which may extend to three years, or with fi^no, or with both.

Punish- ment for li0UK,e- trespass.

446. Whoever commits house-trespass, having made preparation—

(a) for causing hurt to, assaulting, or wrongfully restraining,

any person, or

(b) for putting any person in fear of hurt, assault or wrongful

restraint,

House. trespass after pre- paration for hurt, assault or wrongful lvatrnint.

shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to line.

Punish, inont for burglary.

417. Whoever commits burglary, shall be punished with rigorous imprisonment for a term which may exteni to ton year;.-,, and shall also be liable to fine.

448. Whoever, whilst committing burglary,—

(a) causes grievous hurt to any person, or

(b) attempts to cause death or grievous hurt to any person, Grievous hurt caused whilst commit- ting burglary.

shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

449. If, at the time of committing burglary, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in com- mitting such burglary shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.".

All persons jointly concerned in bur- glary punish- able where death or grievous hurt caused by one of them.

181. After section 460 of the Penal Code, the following section shall

be inserted, namely:—

Insertion of new section 460A.

Criminal negli- gence by profes- sionals.

"460A. Whoever being engaged by another for rendering profes- sional service shows wanton or reckless disregard in doing or omit- ting to do any act, for the interests of any person which he is bound to protect either under law or under a contract, express or implied, and thereby causes substantial loss or damage to the property or re- putation of such person shall, without prejudice to any penalty to which he may be liable under any law regulating that profession, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation.—An advocate who receives a fee for arguing a case before a judge, a solicitor, a chartered accountant, a cost accountant or an architect who receives a fee or commission or other remunera- tion for rendering professional service shall be deemed to be engaged by another for the purpose of this section.".

182. In section 464 of the Penal Code —

(a) in paragraph First, after the words "at a time", the words "or

place, when the time or place is material" shall be inserted;

Amend- ment of section 464.

(b) in paragraph Secondly, after the words "by cancellation", the

words "addition, obliteration" shall be inserted.

183. In section 465 of the Penal Code, for the words "two years", thft

words "three years" shall be substituted.

Amend- men t of .section 463.

184. In section 466 of the Penal Code,—

Amend- ment of sections 486.

(a) for the words "Whoever forges a document, purporting to be", the words "Whoever commits forgery in respect of a document which is, or purports to be," shall be substituted;

(b) for the words "or document purporting to be made"i the words

"or document made" shall be substituted;

(c) for the words "seven years", the words "ten years" shall be

substituted.

185. In section 467 of the Penal Code,—

Amend- ment of section 467.

(a) for the words "Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a eon, or which purports to give authority to any person", the words "Who- ever commits forgery in respect of a document which is, or purports to be, a valuable security or a will, or an authority" shall be sub- stituted;

(b) for the words "or any document purporting to be an acquit-

tance", the words "or an acquittance" shall be substituted;

(c) the words "with imprisonment for life, or" shall be omitted.

186. For sections 470 and 471 of the Penal Code, the following sections

shall be substituted, namely:—

Substitu- tion of new sec- tions for sections 470 and 471.

"470. A document in respect of which, or any part of which,

Forged document.

forgery has been committed is a forged document.

471. Whoever fraudulently or dishonestly uses as genuine any document which he knows, or has reason to believe, to be a forged document—

Using as genuine a forged docu- ment.

(a) shall, if the document is one of the description mention- ed in section 466 or section 467, be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and

(b) shall, in any other case, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.".

1"7. In section 472 of the Penal Code,—

(a) the words "with imprisonment for life, or" shall be omitted;

Amend- ment of section 472.

(b) for the words "seven years", the words "ten years" shall be

substituted,

188. In section 473 of the Penal Code, for the words "seven years",

the words "ten years" shall be substituted.

Amend- ment of section 473.

18©. For section 474 of the Penal Code, the following section shall be

iUb*titwt"d, namely:—

Substitu- tion of new sec- tion for section 474.

Possess- ing forged document described in section 466 or 467.

"474. Whoever has in his possession any document of the dun- cription mentioned in section 466 or section 467, knowing the same to be forged and intending that the same shall fraudulently or dis- honestly be used as genuine, shall be punished with rigorous im- prisonment for a term which may extend to seven years, and shall also be liable to fine.".

190. In section 475 of the Penal Code,—

(a) the words "with imprisonment for life, or" shall be omitted;

Amend- ment of section 475.

(b) for the words "seven years", the words "ten years" shall be

substituted.

191. In section 476 of the Penal Code, for the words "seven years", the

Words "ten years" shall be substituted.

Amend- ment of section 476.

192. In section 477 of the Penal Code,—

(a) the words "or any authority to adopt a son," shall be omitted;

Amend- ment of section 477.

(b) the words "with imprisonment for life, or" shall be omitted;

(c) for the words "seven years'¹, the words "ten years" shall be

substituted.

193. In section 489E of the Penal Code,—

(a) in sub-section (1), the words "which may extend to one Amend- ment of section 489E.

hundred rupees" shall be omitted;

Ob) in sub-section (2), the words "which may extend to two

hundred rupees' shall be omitted.

194. For Chapter XIX of the Penal Code, the following Chapter shall

be substituted, namely:—

"CHAPTER XIX

Substitu- tion of new Chapter for Chapter XIX.

OFFENCES AGAINST PRIVACY

Use of artificial listening or record- ing appa- ratus.

490. (1) Whoever, knowing that any artificial listening or record- ing apparatus has been introduced into any premises without the knowledge or consent of the person in possession of the premises, listens to any conversation with the aid of such apparatus or uses such apparatus for the purposes of recording any conversation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

(2) Whoever publishes any conversation or a record thereof, knowing that it was listened to or recorded with the aid of any artificial listening or recording apparatus introduced into any premises without tbo knowledge or consent of the person in posses- sion of the premises, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Unautho- rised photo- graphy.

491. (1) Whoever, intending to cause, or knowing it to be likely that he will cause, annoyance to any person, takes a photograph of that person without his consent elsewhere than in a public place, or takes his photograph in a public place when that person haw pro- hibited such taking, shall be punished with simple Imprisonment for a term which may extend to six months, or with fine, or with both.

(2) Whoever, intending to cause, or knowing it to be likely that he will cause, annoyance to any person, publishes any photograph of that person taken in contravention of sub-section (1) shall be punish- ed with simple imprisonment for a term which may extend to one year, or with fine, or with both.

492. Nothing in section 490 or section 491 applies—

(a) to a. public servant acting in good faith in the course of his duties connected with the security of State, the prevention, detection or investigation of offences, the administration of justice, or the maintenance of public order, or

(b) to persons acting under the directions of such public

servant.".

Exception regarding certain acts of public servants and persons acting under their direc- tions.

195. For section 494 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion of new sec- tion for section 494.

Bigamy.

"494. Whoever, being married, contracts another marriage in any case in which such marriage la void by reason of its taking place during the subsistence of the earlier marriage, commits bigamy and shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation.—Where a marriage has been dissolved by the decree of a competent court under an enactment but the parties are, by vir- tue of a provision of the enactment under which their marriage is dis- solved, prohibited from a re-marrying within a specified period, then, for the purposes of this section, the marriage shall, notwithstanding its dissolution, be deemed to subsist during that period.

Exception.—The offence is not committed by any person who con- tracts the later marriage during the life of the spouse by earlier marriage, if, at the time of the later marriage such spouse shall have been continually absent from such person for seven years and shall not, within that period, have been heard of by such person as being alive, provided the person contracting the later marriage informs the person with whom it is contracted of the real state of facts so far as the same are within his or her knowledge.".

198. For section 497 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion 01 new sec- tion for section 497.

Adultery "497. Whoever has sexual intercourse with a person who is, and whom he or she knows, or has reason to believe, to be the wife or husband, as the case may be, of another person, without the consent or connivance of that other person, such sexual intercourse by the

man not amounting to the offence of rape, commits adultery, and shall be punished with imprisonment of either description.fop a. term which may extend to five years, or with fine, or with both.".

197. In section 499 of the Penal Code, in the Fourth Exception,—

(a) after the words "report of the proceedings", the words "in

Amend- ment of section 499.

open court" shall be inserted;

(b) the Explanation shall be omitted.

198. For section 500 of the Penal Code, the following section shall be

substituted, namely:—

Substitu- tion of new sec. tlon for section 500.

"500. (1) Whoever defames another shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Punish- ment for defama- tion.

(2) Where the offence has been committed by publishing an imputation in a newspaper, the court convicting the offender may further order that its judgment shall be published, in whole or in part, in such newspaper as it may specify.

(3) The costs of such publication shall be recoverable from the

convicted person as a fine.

Explanation.—The court may while passing a sentence under this section take into consideration the fact whether the guilt of the ac- cused is aggravated by the plea and the nature of the evidence ad- duced to prove or disprove it.".

190. In sections 501 and 502 of the Penal Code, for the words "simple imprisonment", the words "imprisonment of either description" shall be substituted.

Amend- ment of sections 50i and S02.

200. Section 505 of the Penal Code shall be omitted.

Omission of sectior 805.

201. After section 507 of the Penal Code, the following sections shall

be inserted, namely:—

Insertion of new section* 507 A, 507B and 507C.

'507A. Whoever holds out a threat of suicide to a public authority,

Threat of suicide with intent to concern u public authority,

with intent to cause that authority to do any act which it is not legally bound to do, or to omit to do any act which it is legally entitled to do, as the means of avoiding the execution of such threat, and does any act towards the execution of such threat, shall be punished with'im- prisonment of either description for a term which may extend to three years, or with fine, or with both.

507B. Whoever knowingly performs, or takes part In the perform- ance of, any mock funeral associated with, or referable to, a living person which causes or Is likely to cause a disturbance of the public peace, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Perform, ing mock funeral of a living person.

Disfigure- ment of places open to public view.

507C. (I) Whoever affixes to, or inscribes or exhibits on, any place open to public view any objectionable matter shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both and where such place is a public building, he shall be punished with imprisonment of either descrip- tion for a term which may extend to two years, or with fine, or with both.

(2) In this section,—

(a) "place open to public view" includes any private place or building, monument, statue, post, wall, fence, tree or other thing or contrivance visible to a person being in, or passing along, any public $ace;

(b) "objectionable matter" means, any efflgy or any bill, notice, document, paper or other thing containing any words, signs or visible representations which is—

(i) likely to incite any person to commit murder, sabot- age or any offence involving violence; or

(ii) likely to seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force; or

(iii) likely to incite any section of the citizens of Jjndia to acts of violence against any other section of the citizens of India; or

(iu) deliberately intended to outrage the religious feel- ings of any class of the citizens of India by insulting or blas- pheming or profaning the religion or the religious beliefs of that class; or

(u) grossly indecent, or scurrilous or obscene or intended for blackmail.'.

Amend- ment of section 310.

202. In section 610 of the Penal Code, for the words "with simple im- prisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both", the words "with fine Vbjch may extend to five hundred rupees" shall be substituted.

X"8. Chapter XXIII of the Penal Code shall be omitted.

Omission of Chapter xxm.

20 of I03B.

Repeal and saving!.

204. (1) As from the commencement of the Indian Penal Code (Anftend- ment) Act, 1972, the Criminal Law Amendment Act, 1938, shall stand re- pealed,

10 of 1697, (2) The provisions of section 6 of the General Clauses Act, 1897, shall, BO far as may be, apply in respect of any Investigation, legal proceeding or remedy that may be instituted, continued or enforced after the repeal of the enactment referred to in sub-section (2).

STATEMENT OF OBJECTS AND KEASONS

The Indian Penal Code was enacted in October, 1860 and brought into force on the 1st January, 18$2. It was based on the original draft pre- pared by Lord Macaulay and his colleagues in 1837 and was intended to codify the substantive law of crimes in British India. During more than a century of its existence, the Code has undergone remarkably few amend- ments. The Law Commission undertook the task of revising the Code in pursuance of its general terms of reference, which were, mainly, to sug- gest measures for removing anomalies and ambiguities brought to light by conflicting decisions of the High Courts or otherwise, for consolidating laws wherever possible and for suggesting improvements wherever neces- sary, in respect of such old laws. The Report of the Law Commission was submitted in June, 1971.

2, The recommendations of the Commission were carefully and criti- cally examined and the occasion was taken to consider suggestions for reform of the law received from other quarters. The comprehensive changes proposed in the present Bill are intended to give effect to such recommendations and suggestions as have been found acceptable. In for- mulating the changes, the following basic considerations were kept In view:—

(0 Crimes involving the well-being of society or affecting a large number of persons should be visited with more severe punishment than those against the interests of individuals.

(ii) Anti-social or "white collar" criminals should be dealt with

more drastically than ordinary criminals.

(iii) In view of the changing concepts regarding private property, the importance now given to crimes involving private property should be reduced and shifted to crimes against society or those involving the liberty of the individual; even in respect of offences against pro- perty distinction should be made between private and public property by prescribing a heavier punishment in the case of offences relating to the latter.

.

(iv) Offences committed usually by persons who are well-placed in life or who hold responsible positions in public service, profession or business, should, wherever possible, be penalised to a greater extent than those committed generally by ignorant or backward peraonfl.

(v) The limits to the quantum of fine which were fixed several decades ago, should be increased and generally the limits A w M bj removed feaving the matter to be regulated by the powers of fte Courts.

(vi) Provision should be made for punishment* intermediate

between fine and Imprisonment to avoid, at least to some extent, the contamination of a casual or unsophisticated offender by hardened criminals in the jail and generally to protect the interests of the poorer sections.

(tni) The scope for imposing short-term Imprisonment should be reduced as such imprisonment serves no useful purpose.

3. The general impression about the Code is that the drafting of the provisions cannot be bettered. Further, the meaning of the words used in the Code has been well-understood and applied by courts during more than hundred years of its operation. A change in the wording even if it be for improving the language, may have the effect of unsettling Bet- tied law and generating more litigation, which will be particularly harm- ful to the poorer sections of the community. Changes in the wording have not therefore been made except when such changes are necessary to remove doubt arising from conflicts of judicial decisions or for other like considerations. Similarly, the existing numbering of the various sections are as far as possible being retained as they have become familiar.

4. The question of removing the death penalty from the Code was con- sidered carefully. In view of the sharp difference of opinion on this Issue, it is proposed to adopt a cautious approach. The death penalty will be retained but its imposition will be restricted only to extreme cases where nothing short of the death penalty would be appropriate.

5. The notes on clauses explain the more important changes made to provisions of the existing Code.

NEW DELHI;

The 29th November, 1972.

RAM NIWAS MIRDHA.

Notes on clauses

Clause 2.—This clause seeks ito substitute a new section for existing section 4 of the Indian Penal Code. The new section seeks to enlarge the scope of the existing provision to meet the needs of the present day, with due regard to similar provisions made in the laws of certain other coun- tries. The intention is that the alien offender will be prosecuted and punished only if he is found in or brought to India and only if he had not been adequately punished in the country where the offence was com- mitted and had not committed the act in exercise of a liberty granted to him In that country.

Clause 3.—This clause seeks to substitute a new section for existing section 5 of the Penal Code. Since the Acts providing for the discipline of the officers and men of the armed forces of the Union, like the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957 are undoubted- ly special laws within the meaning of "special law" as defined in section 41 of the Code, references thereto have been omitted from section 5.

Clause 4.—Quite a few of the definitions in the Code are also contain- ed in the General Clauses Act, 1897, which was enacted later. It is prd- posed to utilise the said Act for the interpretation of the Code, thereby avoiding repetition of such definitions.

Clauses 5, 10, 13 and 17.—The omission of sections 8, 9, 11, 22, 31, 32, 33, 48, 49 and 50 of the Penal Code is in consequence of the insertion of new section 5A vide clause 4.

Clause 6.~The word "Election" is at present denned in Explanation 3 of section 21 of the Penal Code. As the definition is not restricted fti Its application to that section but applies to other provisions of the Code, the definition of "Election" is being provided in a separate section.

Clause 7.—Section 14 of the Penal Code defines "servant of the Gov- ernment" as any officer or servant, continued, appointed or employed In India by or under the authority of Government, but this expression does not hdw occur in any other section of the Code. (Before 1950, the ex- pression "servant of the Queen" occurred in section 4 and the definition in section 14 was of use.). The section is, therefore, being omitted.

douse 8—The proposed amendment is intended to clarify the present position that the Penal Code does not apply in relation to the State of Jammu and Kashmir and as such references to the Government of a State do not include a reference to the Government of Jammu and Kashmir State.

Clause 9.—The change in the definition of "India" as given in section 18 of the Penal Code is purely of a drafting nature.

The changes in the definition of "Judge" as given in section 19 of the Code are also verbal and the addition of the word "magistrate" is by way of clarification.

The definition of "Court of Justice" is being simplified in view of the definition of the expression "Judge" provided in section 19 of the Penal Code.

The definition of "public servant" in section 21 has been recast to clarify doubts and to avoid overlapping as far as possible, without un- duly expanding its scope and ambit. Sub-clause (ix) of the new pro- vision is intended to cover matters mentioned in clauses seventh, eighth, ninth and tenth of the existing section. The public duty referred

to therein is restricted to what is imposed by law as otherwise the scope of the sub-clause will be unduly widened which is not the intention. Although Members of Parliament and of State Legislatures would also be covered under this sub-clause, a specific provision in sub-clause (i) has been made to remove any doubt.

The new section 21A defines "State" so as to exclude the State of Jammu and Kashmir but to include the Union territories.

Clause 11.—The existing definition of the word "fradulently" has been found to be imperfect; it has been recast to conform to the meaning given to it by courts, namely that it includes an intention to deceive another and an intention to cause by that deception injury to some person.

Clause 12.—A verbal change has been made to cover also matter re- corded in tapes and films.

Clause 14,—The change is only verbal.

Clause 15.—Under the existing section 40 of the Penal Code, the word "offence" has been given different meanings with reference to different provisions. As this is not conducive to clarity or convenience, it is pro- posed to do away with this differentiation and to define the word as any- thing made punishable under any law. This is being secured by adopt- ing the definition of "offence" as given in the General Clauses Act. The existing section 40 is accordingly being omitted in view of clause 4.

A new definition of the expression "capital offence" has been insert- ed as section 40, for facility of drafting.

Clause 16.—The existing definition has created some difficulty. Under this, unless a law which enjoins a. person to do a particular thing also lays down expressly that the person shall not omit to do that thing, the person cannot be considered "legally bound" to do that thing. The re- vised definition is Intended to remove the difficulty.

Clause 18.—The existing definition of "good faith" (which is different from the definition of the same word in the General Clauses Act) has created a doubt whether the requirement of honesty is or is not material for the purposes of the Code. It is considered that the existing definition merely emphasises the need for care and attention while not excluding the need for honesty of purpose, which is implicit in the concept of good faith. The definition is being revised to make the position clear.

The amendments to section 52A of the Penal Code are verbal.

Clause 19.—When a person is sentenced to simple imprisonment, he is in practice required to do some light work. As a life of complete idleness in prison will not do good even to the prisoner, the distinction between the two kinds of imprisonment is accordingly being clarified.

To remove doubts in the matter it is being clarified that imprison- ment for life shall be rigorous.

Three new kinds of punishment are being added, namely, (a) extern- ment, (b) order for payment of compensation, and (c) public censure. These are provided for in clause 29. In addition, a modified form of corrective labour as an alternative to imprisonment is proposed to be pro- vided for in the Code of Criminal Procedure.

Clause 20.—As a sentence of death would be too harsh on young and immature persons, a new provision is being made to prohibit such sen- tence on any person under 18 years of age.

Clause 21.—The provisions are being deleted as section 402 of the Code ol Criminal Procedure, 1898 would be adequate.

Clause 22.—This is consequential on the clarification made that im- prisonment for life shall be rigorous.

Clauses 23 to 26.—The existing provisions in sections 64 to 69 have created some confusion. They have been revised and redrafted. The limits of fine mentioned in section 67 have been doubled in view of the change in the value money. The word "levied" in section 68 has been replaced by the word "realised".

Clause 27.—The changes made to section 70 of the Penal Code are in- tended to remove doubts that have arisen as to the meaning of the word "levied". Some courts have taken the view that the section prescribes a time limit for the realisation of the fine. The intention is that the pro- ceedings for levy of fine should commence within the period of six years after passing of the sentence and not that the proceedings for levy of fine should terminate within that period. The new section 70 seeks to make this clear.

There is conflict of decisions on the implications of section 71 parti- cularly in the light of section 26 of the General Clauses Act, 1897. The provisions have been redrafted to settle the controversy by specifically providing that—

(i) where an offence is made up of parts and any of such parts is itself an offence of the same kind, the offender shall not be punish- ed separately for such parts unless expressly so provided;

(ii) when an act constitutes an offence under two or more enact- ments but the ingredients of the offences are the same, the offender shall not be punished for more than one of such offences; and

(iii) in the preceding case, where the ingredients are not the same the offender may be punished separately for each of such offences but the aggregate punishment shall not exceed what can be awarded for any one of such offences.

Section 72 of the Penal Code has been redrafted to harmonise it with

section 367(3) of the Code of Criminal Procedure.

Clause 28.—Solitary confinement as a form of punishment is rarely imposed by courts and is also out of tune with modern thinking. It is being done away with.

Clause 29.—Three new sections are being inserted to provide for the

three new punishments added to section 53 by clause 19. These are—

(a) Externment.—In certain circumstances, it might be useful if, instead of sentencing a person to imprisonment, the court orders him to remove himself from a specified area for a specified period. An order of this kind will avoid the almost routine sentence of im- prisonment In some cases. In a prison there is ample scope for the contamination of the unsophisticated offender by the professional

criminal and it is desirable that there should be an alternative to imprisonment which could be availed of at least in some cases. The person convicted and his family would also be benefited because he is otherwise free. This new kind of punishment would be appropri- ate in respect of a person found guilty of offences relating to public peace. The court may also order that the person should report him- self at specified intervals to a police station or other authority men- tioned in the order so as to ensure that he complies with the order of externment.

(b) Duty to make amends.—The new provision in section 74B is intended to provide for some kind of reparation or compensation to victims of crimes the need for which has been receiving attention in recent times. The existing provisions in section 545 of the Code of Criminal Procedure are limited in scope and so a general power is being conferred on the convicting court to pass an order directing that the accused shall make compensation restitution or reparation to any person aggrieved or injured, or for the actual loss or damage arising from the commission of the offence, in such manner and to such extent as may be appropriate to the case. The actual relief may take any form depending on the facts of the particular case and the court is expected to determine this question in a summary way without an elaborate inquiry. The direction for compensation, resti- tution or reparation may be in addition to or in lieu of any other sentence which the court may pass for the offence. It is considered that a provision of this kind will be particularly beneficial to the poorer sections of the people where the accused is in a position to make amends.

(c) Public censure.—In the case of any person convicted for the second time of certain anti-social offences, it is proposed to confer power on the court to order the publication of the name of the offen- der and other particulars, at his cost. Such publication will be a public censure and might be appropriate in certain circumstances and for certain categories of offenders.

Clause 30.—This clause seeks to substitute a new section for existing section 75 of the Penal Code. At present, section 75 provides for enhanc- ed punishment only in respect of offences relating to property, coins and Government stamps. The new section seeks to widen its scope so as to make it applicable to every offence punishable with imprisonment up tc 2 years or more, so that it may attract other cases, particularly those of persons convicted of anti-social offences more than once.

In the second place, the existing provision would apply even if the offender has led a blameless life for a long time after the first conviction. It is considered desirable that due regard should be had to the interval of time between the previous conviction and the subsequent offence and provision is being made that where such interval exceeds five years, the liability for enhanced punishment should not attach.

Clauses 31 and 32.—-Clause 31 incorporates the provisions of sections 76 and 79 of the Penal Code with some drafting changes; illustration (a) to section 76 Is being omitted as it has created some confusion.

Existing section 79 thus becomes redundant and is being omitted vide clause 32.

Clause 33.—The scope of section 94 of the Penal Code is being expand- ed to provide that the threat (i) need not be only to cause death but may be to cause grievous bodily harm, and (ii) need not be only to the person himself but may be to someone near and dear to him. Explana- tion 2 is being changed into an illustration.

Clause 34.—The first paragraph of section 9fl of the Penal Code has been construed by courts to cover only acts which are irregular and not those which are illegal. Instances have arisen where public servants, acting in good faith for the purpose of executing orders of a court have been attacked and injured by persons and when the assailants are pro- secuted, they claim to have acted in exercise of their right of private defence. Such claim is often upheld by courts on the sole ground that the court's order was without jurisdiction. It is considered that as the question whether an order passed by a court is within or without its jurisdiction, is often a difficult one, a subordinate public servant execut- ing an order of court should not be exposed to the risk of bodily injury if he obeys the orders without questioning the court's jurisdiction. It is also against public policy to expect or require public servant to ques- tion the jurisdiction of a court issuing an order which he is bound to execute. Sub-clause (1) (a) is intended to remove this difficulty.

At present under the third paragraph of the section, there will be no right of private defence if there is time to have recourse to the protec- tion of public authority. The question whether there was sufficient time for seeking such protection has often presented difficulties. Further, a person facing a danger cannot be expected to consider carefully whether there is or is not sufficient time to seek such protection. The existing provision also discourages self-help among the people and expects every one to look to the authorities for protection. This paragraph is accord- ingly being omitted.

The section has been recast after incorporating the above changes.

Clause 35.—Section 100 of the Penal Code has been recast and a clari- fication is being made that in the case of abduction the section would be attracted only to such abduction as is punishable under the Code.

Clauses 36 and 38.—In sections 101 and 104 of the Penal Code it is pro- posed to include involuntary causing of death for removing doubts in this regard.

Clause 37—The existing clauses First to Fourthly of section 103 of the Penal Code are being recast and the following are being added, namely, (1) mischief by explosive substances, (2) mischief on any vehicle, (3) mischief committed in places of worship, and (4) mischief to public property.

Clause 39.—This clause seeks to substitute a new section for Bection 106 of the Penal Code. As house breaking by night is not being retained as a specific offence, reference thereto has been omitted. Other changes made are purely from drafting point of view.

Clause 40.—This clause seeks to substitute a new section for sections 108 and 108A of the Penal Code. The wording of sub-section (1) has

been altered to bring it in conformity with section 107. The new sub- section (2) incorporates the provisions of section 108A with modifica- tions to make it applicable to all offences.

The Illustrations have been revised. Other changes are of clariflca- tory nature.

Clause 41,-—It is considered unnecessary to restrict section 109 only to offences under the Penal Code. The illustrations are being omitted as being unnecessary.

Clause 42.—In section 115 of the Penal Code, the term "capital offence" is being substituted for the words "an offence punishable with death or imprisonment for life" in view of the new section 40. This will also resolve the doubt whether section 115 would cover offences punishable with imprisonment for life only.

In section 116 of the Penal Code, abetment of an offence which is punishable with fine only is not at present punishable. It is proposed to include such offences, particularly because some more offences are being made punishable with fine only. It is also proponed to increase the limit of sentence from one-fourth to one-half in the first paragraph of the sec- tion as the existing limit is considered inadequate.

In the second paragraph of that section, where the person who abets an offence has a duty to prevent the commission of that offence, the present punishment, namely, one-half of the period of imprisonment for the main offence, is considered inadequate and is being raised to the full period. But this paragraph will not apply to one who is not a public servant where the person abetted is a public servant; in such cases no special provision is considered necessary.

Clause 43.—This clause seeks to insert a new section 117A in the Penal Code. The new provision is intended to deal with persons who abet the commission of offences by children. Some unscrupulous persons in urban centres train children in criminal activities and live upon their earnings. In such cases, the person who instigates the minor offends society in two ways, namely, by committing the offence of abetment and by engaging in the more serious anti-social activity of spoiling children. It is proposed to double the punishment in such cases.

Clauses 44 to 46.—The verbal changes made to sections 118, 119 and 120 of the Penal Code are of consequential or clariflcatory mature.

Clause 47.—This clause seeks to insert a new Chapter VB in the Penal Code. At present, the word "attempt" has not been denned in the Code but Its meaning as explained by courts of law is now well understood. It is considered desirable to insert a specific definition of this word to facilitate application. The definition will embody the meaning and import of the word as settled by the Supreme Court. Section 511 is being brought over to this new Chapter and re-numbered as section 120D.

Clause 48.—The offences under sections 122 and 123 of the Penal Code being serious, It is proposed that the imprisonment imposable should be rigorous.

Clause 49.—It iz considered desirable to make a specific provision for dealing with' persons who assist or adhere to an enemy. Activities of this nature are regarded as treasonable and punished as such in the laws of some countries. The proposed new section 123A is designed to achieve that objective.

Clause 50.—The Supreme Court has upheld the validity of section 124A of the Penal Code on the basis that it applies only to activities intended or having a tendency to create disorder or disturbance of public peace by resort to violence. Changes have been made in the section to reflect this view otf the Supreme Court.

Although the term "Government established by law" includes all the three wings of Government, disaffection towards the legislature and the judiciary is being specifically mentioned in the section to avoid any doubt.

A specific provision is being added to deal with insults to the Con- stitution, the national flag or emblem or the national anthem. Parliament has recently enacted a special law in this regard but it is considered desirable to provide for it in the Penal Code as a new section 124B.

Clauses 51 to 53.—The changes made in sections 125, 126, 128, 129 and 130 of the Penal Code are verbal.

Clause 54.—This clause substitutes a new Chapter for the existing Chapter VII of the Penal Code as a series of changes broadly indicated in the succeeding paragraphs are being made in the various provisions.

At present the provisions of this Chapter apply only to offences in relation to the Army, Navy or Air Force and to offences like mutiny, des- ertion, insubordination and harbouring. The provisions of the Chapter are designed to maintain perfect discipline in these Armed Forces. For the same purpose, there is need for making similar provisions in relation to other Armed Forces of the Union, such as the Border Security Force and the Central Reserve Police. This is being done.

In section 135, it is proposed to make a distinction between successful and Unsuccessful abetment, the former being punishable with imprison- ment up to 5 years. Similarly, in section 138, unsuccessful abetment is also being made punishable and the punishment of imprisonment in respect of successful abetment is being raised to 2 years.

The provisions in section 505(1) dealing with publication of a state- ment, rumour or report with intent to cause mutiny or other act of insub- ordination and those in the Criminal Law Amendment Act, 1938 which punish a person who wilfully disuades persons from recruitment to the Armed Forces or instigates a person to mutiny or insurbordination after enlistment, are being included in this Chapter. The punishment for the latter offence is being raised to imprisonment for 3 years from that for one year.

Certain other verbal and drafting changes have been made.

Clause 55.—At present under clause third of section 141 of the Penal Code, an assembly will be unlawful if its object is, inter alia, to commit any mischief or criminal trespass or other offence. By virtue of the existing definition of "offence" in section 40, this clause will cover cases where the common object is to commit any offence under the Code, including one punishable with fine only, but not cases where the object is to commit offences under special or local laws punishable with less than fix months' imprisonment. This differentiation is considered un- neees,r ry. It is therefore proposed to extend the scope of this clause to include all offences so that any assembly whose common object is to commit any offence under any law will be an unlawful assembly.

Clause 56.—At present a preparation to commit riot, such as by collect- ing sticks, brick-bats, weapons, etc., is not an offence. As it is considered desirable to stop activities leading to disorder at an early stage, it Is pro- posed to insert a new provision, section 147A in the Penal Code, to achieve that objective.

Clause 57.—The words "malignantly or wantonly" occurring in section 153 of the Penal Code are being omitted as they do not add much to the other requirements of the section.

Clause 58.—At present, there is a difference of opinion among the High Courts on the question whether under section 153A of the Penal Code, the act which promotes enmity between different classes should be done with the intention of promoting such enmity. The purpose of the section may often be defeated if it is not related to the effect of the speech, writing, etc., irrespective of the intention of the person, which is difficult to prove in many cases. If the effect is to create enmity, etc., the intention should not be relevant. An Explanation has been added to clarify the position accordingly. The other changes proposed are verbal.

Clause 59,—The amendment proposed is verbal.

Clause 60.—That part of section 505 of the Penal Code dealing with publication of statement, rumour or report which conduce to, offences against public tranquillity, is being brought over to this Chapter as sec- tion 153C.

Clauses 61 and 62.—The punishments for the offences under sections 154, 155 and 156 of the Penal Code which are now lenient, are proposed to be increased with a view to deter persons from committing riot In connection with land disputes.

Clause 63.—The amendment proposed is verbal.

Clause 64.—The punishment now prescribed for an offence under sec- tion 160 of the Penal Code is considered inadequate and is being raised.

Clause 65.—There is a conflict of decisions among the High Courts on the question whether a person who has become functus officio or is not In a position to do the official act, can be found guilty of an offence under section 161 of the Penal Code. The amendment is intended to settle the conflict.

Clause 66.—The punishment for the offence under section 166 of the Penal Code which is quite serious is considered inadequate and is being increased

Clause 67.—The amendments proposed are verbal and of clarincatory nature.

Clause 68.—The punishment for an offence under section 171 of the Penal Code is considered inadequate and is being increased.

Clause 69.—The scope of the definition of "electoral right" as given in clause (b) of section 171A of the Penal Code is being enlarged to include the right not to withdraw the candidature, so as to bring the provision in conformity with the corresponding provision in the representation of the People Act, 1951.

Clause 70.—The punishments now prescribed for offences under sec- tions 171E and 171F of the Penal Code are not considered adequate and are being increased to maintain purity of elections.

Clause 71.—The making or publication of false statements In relation to the candidature or withdrawal thereof is also being included within the purview of section 171G of the Penal Code on the analogy of section 123(4) of the Representation of the People Act 1951 and the punishment is being increased as it is considered inadequate.

Clause 72.—The punishments now prescribed for offences under sec- tions 171H and 1711 of the Penal Code are considered inadequate and are being increased.

Clauses 73 to 85.—The punishments prescribed for offences under sec- tions 172 to 180 and 182 to 187 of the Penal Code are not considered ade- quate and are being increased. The limits for sentences of fine which were fixed several years ago are being removed in most cases, thereby leaving the matter to be regulated by the limit of the sentencing powers of courts in this regard. Sentences of imprisonment for one month are being either increased to imprisonment for three months or reduced to fine only, thereby reducing the scope for awarding sentences for short terms of imprisonment.

Sections 172, 173 and 175 which apply to production of documents are being enlarged to include production of other things also. The illustra- tions are unnecessary and are being omitted.

The Explanation to section 177 is being redrafted to avoid confusion and inconsistency with the provisions of the Code of Criminal Procedure,

In respect of sections 183 and 186, there is a conflict of decisions on the question whether these sections would be attracted even if the public servant is not strictly justified by law. It is considered that so long as he acts in good faith under colour of office he should be protected even if what he did is not strictly justified by law. It is proposed to clarify the position by the amendments in clauses 81 and 84.

Clause 86.—Under section 188 of the Penal Code, the disobedience of an order promulgated by a public servant is not itself an offence unless such disobedience causes or tends to cause obstruction, annoyance or injury or riot or affray, as the case may be.

It is considered that this restriction is unnecessary. In the first place, restrictive orders, such as those under section 144 of the Code Of Criminsl Procedure are promulgated only if the magistrate or other public ser- vant considers it necessary to do so to prevent riot or breach of public tranquillity or obstruction or annoyance or injury to any person lawfully employed, etc., and the prosecution has necessarily to prove these preconditions to sustain the validity of the order. If it has to prove further the effect or tendency of the order, it will be an additional burden which may well lead to perjured evidence. Secondly, such a requirement will be outside the scheme of Chapter X dealing with disobedience of orders of public servants. It is not also rele- vant to take into account the circumstances which prevail on the date of disobedience of the order. A duly promulgated order of a magistrate or public servant must necessarily be obeyed. However, in the matter of punishment a mere disobedience is being; mrdp punishable onlv with fine.

If the disobedience results in the consequences set out in the first and second parts of the existing section, the punishment will include imprison- ment. The terms of such imprisonment are being increased as they are considered inadequate.

Clause 87.—With respect to the offence of giving or fabricating false evidence, there is a conflict of decisions on the question whether for the purpose of these offences such evidence should be admissible under the .Evidence Act. It is considered that if the commission of the offence is to depend on the admissibility of the evidence it will not be a satisfactory arrangement as the matter will fluctuate with the decision of the court as to the admissibility of such evidence. It is proposed to clarify the position by inserting a new Explanation to section 193 of the Penal Code.

Clause 88.—As pointed out by the Law Commission, the second part of section 194 of the Penal Code punishes only the person who gave false evidence and not the person wh<> fabricated it. There is no reason why fabricating false evidence should not be treated the¹ same way as giving false evidence. Accordingly, it is proposed to add the words "or fabri- cates" after the word "gives".

Clause 89.—Sometimes unscrupulous persons use false medical certi- ficates for various purposes. At present, there is no specific provision to penalise the issue or the use of false medical certificate as the provisions in sections 196 and 197 are restricted to certain specific cases of using false certificates. The proposed new sections 198A and 198B arc intended to combat the evil of using or issuing false medical certificates. An enhanced punishment is being provided for in cases where the certificate is for use in a judicial proceeding.

Clause 90.—It is considered that the scope of section 204 of the Penal Code should be extended to penalise the destruction of things other than documents, if such other things constitute evidence.

Clause 91.—This new provision is proposed as there is at present no direct proyision in the Penal Code to punish the removal of attached movable property.

Clause 92.—In respect of sections 182 and 211 of the Penal Code, doubts have been expressed whether information given to a police officer would come under either or both these sections. It is proposed to clarify the position by confining section 211 to proceedings instituted in a court and section 182 to other cases of false information. The punishment for the offence under section 211 is being raised to three years' imprisonment as the present punishment is considered inadequate.

Clauses 93 and 94.—The amendments proposed in sections 213 and 214 of the Penal Code are of a clarificatory nature. The intention is that a mere agreement to take or give a gift for concealing an offence or screen- ing the offender or unlawfully compounding the offence, would be suffi- cient even if the concealing, screening, etc., had not taken place.

Clause 95.—In section 216A of the Penal Code, a clarification is being made that it will be confined to persons about to commit robbery or dacoity, kidnapping or abduction, because persons who had already com- mitted such offences are covered by section 212.

Clause 96.—The amendments proposed in sections 217 and 218 of the Penal Code are of a clariflcatory nature.

Clause 97.—The existing punishment for an offence under section 228 of the Penal Code is considered inadequate and has been enhanced.

Clause 98.—Sometimes it happens that an interested person dissuades or attempts to dissuade a person from giving evidence before a court or a public officer by threats, bribes or other corrupt means. The proposed new section 229 of the Penal Code is intended to penalise such acts.

There is at present no provision to penalise persons who iail to appear in court after being released on bail, apart from the provision for re-arrest or forfeiture of bond. The proposed new section 229A is Intended to dis- courage bail jumping.

Clausen 99 to 106.—These clauses deal with amendments to sections 230 to 252 of the Penal Code. At present there are two sets of provisions dealing respectively with coins in general and Indian coins, the punish- ment for the latter being higher than the former. It is considered that there is no need to continue this differentiation. The amendments to the relevant provisions as proposed in these clauses are intended to prescribe lor the various offences in respect of all such coins the same punishment as at present prescribed in respect of Indian coins.

In section 247, the alteration of the composition of the coin is also being included by way of clarification.

Clause 107.—The amendment proposed is of a consequential nature.

Clau.se 108.--A new offence to deal with the use of spurious coin or token in automatic vending machines is being provided for in the proposed new section 254A, as such machines are being increasingly used.

Clause 109.—The existing section 263A of the Penal Code is being re- cast for the sake of clarity by splitting it into two new sections 263A and 263B.

Clause 110.—The punishment is being increased as the evil of using false weights and measures, especially in relation to commodities of dally use, is prevalent and should be put down, particularly because the per- sons who suffer most are the poor and the illiterate.

Clause 111.—The existing punishment for an offence under section 260 of the Penal Code is considered inadequate and is being enhanced.

Clause 112.—The word "malignantly" occurring in section 270 of the Penal Code does not connote anything special and Is being replaced by the word "wilfully". The existing punishment is also considered inade- quate and is being enhanced.

Clause 113.—The punishment for the offences of adulterating food, drink or drugs is at present very lenient having regard to the serious nature of these anti-social offences committed by persons who are moti- vated by greed and to the fact that damage caused by such offences is to the entire community. The proposed punishment will be Imprisonment up to 7 years and fine without limit. Habitual offenders would be Hablp to be sentenced to enhanced punishment under section 75 as revised.

Clauses 114 and 115.—In section 277 of the Penal Code, as the object is to penalise fouling of water supply, public-wells are also proposed to be brought within its scope. Further, the punishment for an offence under that section is also being raised. The punishment for an offence under section 278 is also being raised in view of the increasing awareness of the danger of pollution of atmosphere.

Clauses 116 to 119.—The existing limits on fine imposable for offences as under sections 279, 280 and 282 to 290 of the Penal Code are being removed leaving the matter to be governed by the powers of the convict- ing court. A new provision is being made to punish persons who drive on a public way any vehicle which is in such a state or so loaded as ta endanger life.

Clau.se 120.-—A new sub-section (3) is being added to section 292 of the Penal Code to enable the admission of evidence to prove whether the publication is in the interests of science, literature, etc. Although under section 45 of the Indian Evidence Act, expert evidence is even now ad- missible in such matters when the court so directs, it is considered Hcsirablp to make a specific provision by wav of clarification.

Clause 121.—The existing section 294A of the Penal Code is bein^¹ revised and amplified; certain acts concerning the keeping of a, lottery office or the running of a lottery are being expressly made punishable. Guidelines to the State Government for authorising a lottery, are being provided to ensure that the power in this regard is not exercised arbitrarily.

Clause 122.—-This clause seeks to substitute a new section for exist- ing section 302 of the Penal Code. The intention is that the sentence of death may be imposed only in certain cases where the murder is commit- ted by heinous acts as set out in the proposed new section. In all other oases of murder, the sentence imposable will be imprisonment for life.

Clause 123.—The punishment for an offence under section 304A of the Penal Code is being raised as with the Increasing use of fast moving vehicles the frequency of these offences has increased.

Clause 124.—The amendment proposed is of a clariflcatory nature.

Clause 125.-—Sections 307 and 308 of the Penal Code have oeen revis- ed in consequence of the insertion of a definition of the word "attempt" vide clause 47.

Clause 126.—Section 309 of the Penal Code which deals with the offence of attempt to commit suicide is being omitted as it is considered that the penal provision is harsh and unjustifiable, and that a person making such attempt deserves sympathy rather than punishment.

Clause 127.—The purpose of the amendment is to harmonise the pro- visions of the Code with those in the Medical Termination of Pregnancy Act, 1971.

Clause 128.—The punishment for the offence is being reduced as the flffenee is not very serious so long as the woman \s allv^,

Clause 129.—The proposed new section 318A of the Penal Code is in- tended to enforce a legal obligation to provide necessaries of life wher- ever such obligation exists.

Clause 130.—The definition of grievous hurt as given in section 320 of the Penal Code has been recast. The requirement that the injured person should have been unable to follow his ordinary pursuits for 20 days is being omitted as this has led to abuse. On the other hand, any hurt which causes the sufferer to be in severe bodily pain for a period of ten days should be regarded as grievous hurt-

Clause 131.—The limit for the sentence of fine is being removed; it will be regulated by the sentencing powers of the court.

Clauses 132 and 134.—The punishment of life imprisonment for an offence under section 329 of the Penal Code is considered unnecessary and is proposed to be omitted. Consequently, the maximum punishment for the corresponding offence under section 327 is also proposed to be reduced.

Clause 133.—The existing provision has been recast and the part re- lating to causing hurt is being deleted as it will be covered by section 324 and the proposed new section 120D (attempt).

Clause 135.—The word "lawful" is being omitted in the latter part as it does not occur in the earlier part.

Clause 136.—The object of the proposed amendment is to avoid im-

position of short-term sentences of imprisonment-

Clause 137.—The punishment of imprisonment is being reduced to the

usual period and the limit on fine is being omitted.

Clauses 138 to 140.—The enhancement of punishment has been propos- ed with a view to curb negligence.

Clause 141.—The punishment for offences of wrongful restraint and wrongful confinement is being altered. Where the offence is committed by more than 10 persons, it will be an aggravation with an enhanced punishment; wrongful confinement or wrongful restraint when commit- ted by a large number of persons is more serious than when committed by an individual because in the former case, there is the additional ele- ment of terror to, and the helplessness of, the victim.

The distinction made in the existing sections 343 and 344 of the Penal Code between wrongful confinement for 3 days or more and wrongful confinement for 10 days or more, is considered unnecessary; one section to punish wrongful confinement for 5 days and more is considered sufficient.

Clause 142.—The punishment for assault is considered inadequate and is being raised-

C/,ause 143.—At present, there is no specific provision to deal with indecent assault on children. In cases of such assault on female children courts have had to resort to section 354 of the Penal Code by straining

the language of that section. It is considered desirable to insert a new provision to deal specifically with assaults of children under sixteen years of age, male or female.

Clause 144.—The change is verbal.

Clause 145.—The use of the expression "lawfully entrusted" in the Explanation has led to a controversy as to whether the provision covers neglected or abandoned children taken charge of by orphanages or other similar institutions. The new Explanation is intended to clarify the position.

Clause 146 —The existing provision has created a doubt whether it covers cases where a person is bodily lifted and carried away when asleep or unconscious. The position is being clarified. Further, the scope of the section is being widened to include not only the use of actual force but also show of force,

A provision is being made to deal with cases of hijacking of vehicles whereby persons are compelled by force to go to a place not their intended destination. Such offences are on the increase not only with respect to aircraft but also other vehicles. The punishment will be higher in the case of hijaking of an aircraft.

Clause 147. It is considered that those found guilty of kidnapping of children should receive deterrent punishment. A minimum punish- ment of imprisonment for 3 years is being provided for such offence.

Clau.se 148-—The punishment now prescribed for the serious offence of kidnapping or maiming minor children for the purpose of begging is not considered adequate. This is a serious offence and it is proposed to prescribe a minimum punishment of imprisonment for 5 years for that offence.

Clause 149.—This is u new provision to deal deterrently with the serious offence of kidnapping or abduction for the purpose of ransom.

Clau.se 150.—The existing sections have been redrafted for the sake of clarity.

Clauses 151 and 152.—It is considered that having regard to the nature of the offences, the punishment of imprisonment should be "rigorous".

Clauae 153.—At present, the punishment is regulated according to the punishment for the principal offence of kidnapping or abduction. It will be simpler to prescribe a specific punishment for the offence under this section and this is being done.

Clause 154.—As the offence of abducting a child under the age of ten years with intent to steal is serious, a minimum punishment of rigorous imprisonment for two years is being provided for.

Clause 155.—As the offences are of a serious nature, simple imprison- ment should be ruled out.

Clause 156.~The amendment proposed is intended to settle conflict of judicial decisions. The more liberal view expressed by the High

Courts of Bombay and Patna which secures effective protection against mercenary exploitation of helpless minor girls is being adopted and in- corporated as Explanation III to section 373 of the Penal Code.

Clause 157.—The following changes are proposed to be made in the

existing provisions:—

(i) At present, the consent given by the woman to the act is vitiated when such consent is obtained by putting her in fear of death or of hurt to herself. The provision is being extended to cases where death or hurt is threatened to someone else present on the spot, such as the woman's child, parent or husband.

(ji) Where the husband and wife are living apart under a decree of judicial separation or by mutual agreement, it will not be rape under the present law if the husband has intercourse with his wife even without her consent so long as she is above 16 years of age. It is considered that this is not satisfactory. A new provision is being made to punish such intercourse. However, the punishment will be lower than that prescribed for the offence of rape.

(iii) In certain situations although force or fraud is not establish- ed, the compulsion of the situation is such that the woman's will is dominated by the will of the man who taking undue advantage of the situation, takes liberties with the woman. The provisions made in the new sections 376A, 376B and 376C are Intended to deal with such cases.

Clause 158.—-The punishment for the offence is considered too harsh and is being reduced and a distinction is being made between cases where the offence is against a minor and those where it is not.

Clause 159.—Provision is being made for the following aggravated

form.¹; of theft, namely: —

(i) Theft in a vehicle used for the transport of goods or passen-

gers (as such theft affects the public at large).

(li) Theft of public property (as such theft is more reprehen-

sible than theft of property of an individual).

(iii) Theft of property which belongs to or is part of a place of worship open to the public or which is intended for the purpose of worship (as such theft causes loss to the public).

(iv) Theft by a person who takes advantages of a calamity, like

flood, fire, earthquake or accident (as such theft is highly reprehen-

sible) .

(v) The aggravated form of theft in section 381 need not be con- fined to a clerk or servant alone; it should cover theft by any employee.

Clause 160.—At present there is no specific provision for punching

blackmail. It is considered desirable to make such provision.

Clauses 161 and 162.—The punishment for the offence under s^tlon 377 of the Penal Code Is being reduced (vide clause 158); and in con- sequence the special reference to that section is being omitted.

Clause 163,—The new section proposed is consequential on the changes made in section 302.

Clauses 164 and 165.—In section 397 of the Penal Code, a minimum punishment of imprisonment for 7 years is prescribed for the offence committed by a person who uses any deadly weapon at the time of com- mitting robbery or dacoity. It has been held by courts that even if a person brandishes a weapon, it will be a case of use of that weapon and would attract this section, This is not considered necessary and it is proposed to restrict .section 397 only to cases where grievous h u rt is caused at the time of committing robbery or dacoity. Persons who only use deadly weapons at the time of robbery or dacoity will be brought under section 398 which now deals with the offence of being armed with deadly weapon at the time of attempting to commit robbery or dacoity. The minimum punishment of imprisonment for an offence under section 398 is being reduced to 5 years instead of 7 years as at present.

Clause 166.—It is considered desirable to punish preparation to com- mit robbery as in the case of dacoity. The offence of making prepara- tion for committing dacoity is now punishable with imprisonment up to 10 years. Under Section 402, assembling for the purpose of committing dacoity is punishable with imprisonment up to 7 years. As it is often difficult to distinguish between these two offences, it is proposed to prescribe the same punishment of 7 years' imprisonment in both cases.

Clauses 167 and 168.—The changes are verbal.

Clause 169.—The amendment proposed is of a clarineatory nature.

Clause 170.—The clarification is being made to ensure "that it applies Lo all property, movable or immovable.

Clause 171—The amendment proposed in section 408 of the Penal Code is intended to bring it in accord w i th section 381 as revised.

Clause 172.—The word "factor" occurring in section 409 of the Penal Code is obsolete and is being omitted.

Clauses 173 and 174.—In respect of the offence of receiving or retain- ing stolen property, the following changes are being made: —

(1) Property obtained by cheating is being Included in the defi- nition.

(2) Where the theft, e t c, was committed by one not liable under the law, such as by a child below the minimum age of criminal res- ponsibility O|i- by an insane person, provision is being m a de to ensure that the person receiving the property does not escape liability.

(3) W h e re the stolen property is the property of Government or local authority, t he punishment is being enhanced to imprison- ment for 7 years in sections 411 and 414. This will apply only if the person who receives the stolen property knows t h at it is the property

Clause 175.—The latter p a rt of the definition of "cheating" requires that the person deceived should be induced to do or omit to do, some- thing and t h at t he act or omission should cause damage or h a rm to that person. W h e re no tangible h a rm had been caused, the section does not

in terms apply and courts have found it necessary to stretch the meaning of the word "harm" to cover any undue advantage. Further, where the harm is not to the person cheated but to some other person, the provi- sion does not apply. It is considered that it should apply in such cases also- The amendment seeks to remedy these defects.

As the word "concealment" convoys the idea of something active, there is some doubt on the question whether the non-disclosure of facts where there js no legal obligation to disclose them, will be covered by the section. The position is being clarified.

Clause 176.—Some verbal changes are being made to bring section 420 in line with section 415.

In the new sections 420A and 420B inserted by this clause provision is being made for penalising certain types of cheating and corruption on the part of private employees and of professionals which are preva- lent these days.

The new section 420A is intended to make cheating of Government an aggravated form of cheating. The need for this has arisen because of the large-scale cheating of Government indulged in by dishonest con- tractors while supplying goods or executing works. Such cheating deserves deterrent punishment as the loss caused to the public should be regarded as more serious than loss caused to an individual.

The new section 420B is intended to deal with commercial corruption, i.c-, corruption by employees of private organisations which at present is not punishable as an offence unless it takes the form of cheating or cri- minal breach of trust or criminal misappropriation. With the rapid industrialization and the formation of joint stock companies, close personal contact between the employer and the employee has disappeared, espe- cially when the employer is a corporate body. In consequence, there is scope for corruption on the part of such employees and such corruption is, in fact, widespread. It is considered desirable to make a new provi- sion in this regard. The provision would also cover corruption on the part of professionals, like advocates, solicitors, chartered accountants, cost accountants, or architects. There are allegations that some of these professionals are corrupt sometimes. Although there arc disciplinary bodies under the respective statutes to deal with misconduct on the part of professionals, these bodies tend to take a lenient view and so there is no effective check against such corruption-

Clauses 177 and 178.—The various aggravations of the offence of mis- chief are provided for in sections 426 to 440. It is considered desirable to streamline the provisions and reduce the number of aggravations.

The following changes are being made: —

(1) The punishment for mischief as such in section 426 has been raised from imprisonment up to three months to imprisonment up to one year, thereby avoiding the need for making special provisions in sections 427, 428 and 434, all of which are being omitted.

(2) Mischief to public property as also to machinery will be an aggravation, punishable with imprisonment up to three years. The new section 427 Incorporates this provision.

(3) In section 429, re-numbered as section 428, the value of the animal is being raised to Rs. 200 and the punishment of imprison- ment reduced from five years to three years.

(4) The provisions of sections 430 to 432 have been incorporated in the new sections 429 and 430 with verbal changes and the punish- ment of imprisonment reduced from five years to three years.

(5) Section 440 dealing with the offence of mischief after pre- paration to cause death has been re-numbered as section 431 and the punishment of imprisonment is being raised from five years to seven years.

(6) The provisions of section 433 have been incorporated in the new section 432 with verbal changes.

(7) The new section 434 incorporates the provisions of sections 437 and 438 with some minor changes.

(8) In the new section 435, the distinction between agricultural and other property (as in the existing section 435) has been removed.

(9) In the new section 436, sacred objects have been included.

Clause 179.—The word "lawfully" in the second paragraph of section 441 has created a doubt whether an unlawful entry with the specified in- tention would be excluded from this section. As the intention is that it should not be excluded, this word is being omitted and the section has been re-worded.

Clause 180.—A group of 18 sections (443 to 460) deals with criminal trespass in its various forms, such as house trespass, lurking house tres- pass, lurking house trespass by night, house-breaking and house-break- ing by night. It is considered that so many details need not be prodd- ed for in the Penal Code. These provisions are being rationalised and re-numbered after omitting those which are unnecessary. The new offence called "burglary" is intended to provide for house trespass for committing theft or any other serious offence.

The punishment for criminal trespass has been raised from three months' imprisonment to six months' imprisonment and that for house trespass from one year to three years. For burglary, the punishment proposed is rigorous imprisonment for 10 years.

Clause 181.—This clause seeks to insert a new section 460A in the Penal Code which is intended to deal with criminal negligence on the part of professionals. To ensure that the provision is not abused at the instance of disgruntled clients, it is being provided that the section would not apply unless the negligence causes substantial loss or damage.

Clause 182.—As the place of making a document is as material as the time of making it, the word "place" has been added in the first clause of section 464 of the Penal Code. It is also considered desirable to men- tion in the second clause of that section "addition" and "obliteration" besides "cancellation" to remove doubts.

Clause 183.—The punishment for the offence under section 465 of the Penal Code is considered too light and is proposed to be raised.

Clauses 184 and 185.—The expression "a document purporting to be" has created some doubt whether it includes a document which actually is a court record, etc. The position is being clarified. The other verbal changes are also by way of clarification.

In section 467 of the Penal Code, forgery of an authority to adopt a son is being omitted, as this document is no longer so important as it used to be before the Hindu law was codified.

The punishment for the offence under section 466 is considered toe light while that for the offence under section 467 is considered too harsh. The same punishment of imprisonment for ten years is being provided for both.

Clause 18G.—Section 470 of the Penal Code has been recast having regard to the definition of the word "forgery" as given in section 463. Section 471 has been redrafted to remove some controversy on the mean- ing of the expression "in the same manner as if he had forged".

Clauses 187 to 192.—The punishment of imprisonment for life for the offences under sections 472, 475 and 477 of the Penal Code is considered too harsh and is being reduced. The punishment of imprisonment for 7 years for the offences under sections 473 and 476 is considered too light And is being raised. The changes in the wording of section 474 are clari- ficatory. In section 477, the reference to authority to adopt is being deleted as being unnecessary.

Clause 193.—The limit on the fine is being removed and it will be

regulated by the sentencing powers of the court.

Clause 194.—The provisions in the existing Chapter XIX of the Penal Code relating to breach of contracts of service are being deleted, as they are not of frequent use. A new Chapter is being substituted in its place to deal with offences against privacy, such as eavesdropping, unauthoris- ed publication of photographs, etc. The need for assuring to every per- son the right of privacy, subject to certain limitations, has been recognis- ed and provided for in many countries. The provisions now being made are considered necessary and sufficient.

Clause 195.—The expression "having a husband or wife living" in the existing section 494 of the Penal Code is out of date, as it does not take into account other forms of termination of married life, including divoxce. It is considered desirable to redraft the section to make it clear in this and in other respects.

It is also being clarified that where a marriage is dissolved by the decree of a competent court and the parties cannot re-marry within a certain period specified by the statute, the marriage wil] be deemed to subsist till the end of that period.

Clause 196.—Under the existing law, if a male has sexual intercourse

with an unmarried woman or a woman with no husband, the wife of the male cannot prosecute the woman for adultery. Even if the inter- course is with a married woman, that woman is not punished as an abetter if she consents or encourages the man. All this is based on the old theory that the wife is the property of the husband and not vice versa. The law is proposed to be amended to remove this anomaly and to place man and woman on an equal footing in this regard. If a female person whether married or unmarried has intercourse with a male having a wife, she would also be guilty of adultery, if the other condi- tions are satisfied.

Clause 197.—-It is being clarified that the exception should not apply to publication 01 proceedings held m camera. The Explanation to this -Exception is being deleted in view of the revised definition of the ex- pression "Court of Justice" (vide clause 9).

Clause 198.—The new provision for publication made in sub-section (2) of the proposed section 500 is likely to afford more satisfaction to the innocent victim than the mere punishment of the offender.

Under the present law when a defamed person seeks a remedy in a criminal court, the accused person in trying to justify his action some- times makes more defamatory allegations, either in the pleadings or in oral evidence. When these are published in the newspapers, the reputa- tion of the defamed person suffers, though ultimately the court may con- vict the offender. To avoid this, the court is being enabled to consider when passing the sentence whether the guilt of the accused is aggra- vated by the plea and the nature of the evidence given to prove a plea of justification.

Clause 199.—It is considered that rigorous imprisonment should not be ruled out for these offences.

Clause 200.—The two parts of the section having been transferred to Chapters VII and Vill respectively, the section is redundant and is being deleted.

Clause 201.-—The new provision in section 507A is intended to deal with a type of intimidation which has come into vogue, namely, threatening to go on an indefinite fast to secure some object, the in- tention being generally to coerce the Government or a public autho- rity to pursue a course of action which it would not do otherwise. The person who indulges in such threats has generally the hope that the fast will disturb public order and thereby coerce the Government or the public authority to act as desired by him. It is considered desir- able to penalise such activities. The provision is particularly necessary, because it is proposed to omit section 309 dealing with attempt to com- mit suicide.

The newT section 507B is intended to deal with another type of ob- jectionable activity occasionally indulged in by certain persons, namely, conducting mock funerals, which are calculated to result in a breach of the peace. At present, such mock funerals may in some cases be dealt with as defamation, but this is not possible always. Such funerals, apart from the effect on the public peace, are in bad taste and should be pena- lised.

The new section 507C seeks to insert a new provision to punish un- authorised disfigurement of places open to the public view. The evil of disfigurement by way of writing, pasting or stencilling slogans or other objectionable matter on walls or precincts of buildings has assum- ed menacing proportions and requires to be curbed. Sometimes these writings, etc., incite persons to commit serious offences and it is consi- dered necessary to penalise such objectionable writings. It is consi- dered that the disfigurement of public buildings should be an aggrava- ted offence with a heavier penalty.

Clause 202.—It is considered sufficient to prescribe only fine as punishment for this offence.

Clause 203.—Section 511 having been transferred to Chapter VB, and

re-numbered as section 120D, is redundant and is being omitted.

Clause 204.—As recommended by the Law Commission, dissuading person from joining the armed forces and instigating them to mutiny or in subordination after joining, which are now offences under the Crimi- nal Law Amendment Act, 1988 (20 of 1938), are being Incorporated as new section 138B in Chapter VII vide clause 54. Thus, the need for a se- parate statute on the subject ceases to exist which is proposed to be re- pealed.

B. N. BANERJEE,

Secretary,

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