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Start Free TrialIndian Penal Code (45 of 1860) Chapter 3
Title: Of Punishments
State: Central
Year: 1860
.....ten years but not for life [Repealed] Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w.e.f. 6-4-1949). Section 57 - Fractions of terms of punishment In calculating fractions of terms of punishment, 1 [imprisonment] for life shall be reckoned as equivalent to 1 [imprisonment] for twenty years. _____________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation" (w.e.f. 1-1-1956). Section 58 - Offenders sentenced to transportation how dealt with until transported [Repealed] Rep. by the Code of Criminal Procedure (Amendment) Ad, 1955 (26 of 1955), section 117 and Schedule (w.e.f. 1-1-1956). Section 59 - Transportation instead of imprisonment [Repealed] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955). section 117 and Schedule, (w.e.f. 1-1-1956). Section 60 - Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple In every ease in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 405
Title: Criminal Breach of Trust
State: Central
Year: 1860
.....of trust. (e) A, a re venue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with properly to be carried by land or by water. A dishonestly misappropriates the properly. A has committed criminal breach of trust. ________________________ 1. Inserted by Act 40 of 1973, section 9 (w.e.f. 1-11-1973). 2. Explanation renumbered as Explanation I by Act 38 of 1975, section 9 (w.e.f. 1-9-1975). 3. Inserted by Act 33 of 1988, section 27 (w.e.f. 1-8-1988). 4. Inserted by Act 38 of 1975, section 9 (w.e.f. 1-9-1975).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 16
Title: Of Offences Affecting the Human Body
State: Central
Year: 1860
..... 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). 2. Inserted by Act 27 of 1870, section 11. 3. Inserted by Act 12 of 1891, section 2 and Schedule II. Section 308 - Attempt to commit culpable homicide Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 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 committed the offence defined in this section. Section 309 - Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 339
Title: Wrongful Restraint
State: Central
Year: 1860
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception.--The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 340
Title: Wrongful Confinement
State: Central
Year: 1860
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 17
Title: Of Offences Against Property
State: Central
Year: 1860
.....intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats. Section 416 - Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.--The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 378
Title: Theft
State: Central
Year: 1860
.....Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z's possession without Z's consent. A has committed theft as soon as Z's dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A, being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 403
Title: Dishonest Misappropriation of Property
State: Central
Year: 1860
.....a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, al the time of appropriating it, he does not believe it to be his own properly, or in good faith believe that the real owner cannot be found. Illustrations (a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 464
Title: Making a False Document
State: Central
Year: 1860
.....a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate of Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure, B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to 6 a sum for.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 193
Title: Punishment for False Evidence
State: Central
Year: 1860
.....proceeding, A has given false evidence. Explanation 3.--An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence. ______________________ 1. The words "or before a Military Court of Request" omitted by Act 13 of 1889, section 2 and Schedule.
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