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FREE INDIAN BARE ACTS

The Code of Criminal Procedure, 1973

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES
II - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES

EXPLANATORY NOTE :

(1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section.

(2) In this Schedule, (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not Executive Magistrates; (ii) the word "cognizable" stands for "a police officer may arrest without warrant"; and (iii) the word "non-cognizable" stands for "a police officer shall not arrest without warrant".

I.-OFFENCES UNDER THE INDIAN PENAL CODE

Section

Offence

Punishment

Cognizable or non-cognizable

Bailable or Non-bailable

By what Court triable

CHAPTER V - ABETMENT

109

Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.

Same as for offence abetted.

According as offence abetted is cognizable or non-cognizable.

According as offence abetted is bailable or non-bailable.

Court by which offence abetted is triable.

110

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

Ditto

111

Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso.

Same for offence intended to be abetted.

Ditto

113

Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.

Same as for offence committed.

Ditto

114

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

Ditto

115

Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment.

Imprisonment for 7 years and fine.

Ditto

Non-bailable

Ditto

If an act which causes harm to be done in consequence of the abetment.

Imprisonment for 14 years and fine.

Ditto

116

Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.

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

Ditto

According as offence abetted is bailable or non-bailable.

Ditto

If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.

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

Ditto

117

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

Imprisonment for 3 years, or fine, or both.

According as offence abetted is cognizable or non-cognizable.

According as offence abetted is bailable or non-bailable

Court by which offence abetted is triable.

118

Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed.

Imprisonment for 7 years and fine.

Ditto

Non-bailable.

Ditto

If the offence be not committed.

Imprisonment for 3 years and fine.

Ditto

Bailable

Ditto

119

A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed.

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

Ditto

According as offence abetted is bailable or non-bailable.

Ditto

If the offence be punishable with death or imprisonment for life.

Imprisonment for 10 years

Ditto

Non-bailable

Ditto

If the offence be not committed

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

Ditto

Bailable

Ditto

120

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

Ditto

According as offence abetted is bailable or non bailable.

Ditto

If the offence be not committed

Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both.

Ditto

Bailable

Ditto

CHAPTER VA- CRIMINAL CONSPIRACY

120B

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

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

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

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

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

Any other criminal conspiracy.

Imprisonment for 6 months, or fine, or both.

Non-cognizable.

Bailable.

Magistrate of the first class.

CHAPTER VI-OFFENCES AGAINST THE STATE

121

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

Death, or imprisonment for life and fine.

Cognizable

Non-bailable

Court of Session.

121A

Conspiring to commit certain offences against the State.

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

Ditto

122

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

Imprisonment for life, or imprisonment for 10 years and fine

Ditto

123

Concealing with intent to facilitate a design to wage war.

Imprisonment for 10 years and fine.

Ditto

124

Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

Imprisonment for 7 years and fine.

Ditto

124A

Sedition.

Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine.

Cognizable

Non-bailable

Court of Session.

125

Waging war against any Asiatic power in alliance or at peace with the Government of India, or abetting the waging of such war.

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

Ditto

126

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

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

Ditto

127

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

Ditto

128

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

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

Ditto

129

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

Simple imprisonment for 3 years and fine.

Ditto

Bailable

Magistrate of the first class

130

Aiding escape of, rescuing or harbouring, such prisoner, or offering any resistance to the recapture of such prisoner.

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

Ditto

Non-bailable

Court of Session

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

131

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

Imprisonment for life, or imprisonment for 10 years and fine

Cognizable

Non-bailable

Court of Session.

132

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

Death, or imprisonment for life, or imprisonment for 10 years and fine.

Ditto

133

Abetment of an assault by an officer, soldier, sailor or airman on his superior officer, when in the execution of his office.

Imprisonment for 3 years and fine.

Ditto

Magistrate of the first class.

134

Abetment of such assault, if the assault is committed.

Imprisonment for 7 years and fine.

Ditto

135

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

Imprisonment for 2 years, or fine, or both.

Ditto

Bailable

Any Magistrate.

136

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

Ditto

137

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

Fine of 500 rupees.

Non-cognizable

Ditto

138

Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence.

Imprisonment for 6 months, or fine, or both.

Cognizable

Ditto

140

Wearing the dress or carrying any token used by a soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman.

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

Cognizable

Bailable

Any Magistrate.

CHAPTER VII-OFFENCES AGAINST THE PUBLIC TRANQUILLITY

143

Being member of an unlawful assembly.

Imprisonment for 6 months, or fine, or both

Cognizable

Bailable

Any Magistrate.

144

Joining an unlawful assembly armed with any deadly weapon.

Imprisonment for 2 years, or fine, or both.

Ditto

145

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

Ditto

147

Rioting

Ditto

148

Rioting, armed with a deadly weapon.

Imprisonment for 3 years or fine, or both.

Ditto

Magistrate of the first class.

149

If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence.

The same as for the offence

According as offence is cognizable or non-cognizable.

According as offence is bailable or non-bailable.

The Court by which the offence is triable.

150

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

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

Cognizable

Ditto

151

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

Imprisonment for 6 months, or fine, or both.

Ditto

Bailable

Any Magistrate.

152

Assaulting or obstructing public servant when suppressing riot, etc.

Imprisonment for 3 years, or fine, or both.

Ditto

Magistrate of the first class.

153

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

Imprisonment for 1 year, or fine, or both.

Ditto

Any Magistrate.

If not committed.

Imprisonment for 6 months, or fine, or both.

Ditto

Magistrate of the first class.

153A

Promoting enmity between classes.

Imprisonment for 3 years, or fine, or both.

Ditto

Non-bailable

Ditto

Promoting enmity between classes in place of worship, etc.

Imprisonment for 5 years and fine.

Ditto

153B

Imputations, assertions prejudicial to national integration.

Imprisonment for 3 years, or fine, or both.

Ditto

If committed in a place of public worship, etc.

Imprisonment for 5 years and fine.

Ditto

154

Owner or occupier of land not giving information of riot, etc.

Fine of 1,000 rupees.

Non-cognizable

Bailable

Any Magistrate

155

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

Fine

Non-cognizable

Bailable

Any Magistrate.

156

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

Ditto

157

Harbouring persons hired for an unlawful assembly.

Imprisonment for 6 months, or fine, or both.

Cognizable

Ditto

158

Being hired to take part in an unlawful assembly or riot.

Ditto

Or to go armed.

Imprisonment for 2 years, or fine, or both.

Ditto

160

Committing affray.

Imprisonment for 1 month, or fine of 100 rupees, or both.

Ditto

CHAPTER IX-OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161

Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act.

Imprisonment for 3 years, or fine, or both.

Cognizable

Non-bailable.

Magistrate of the first class.

162

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

Ditto

163

Taking a gratification for the exercise of personal influence with a public servant.

Simple imprisonment for 1 years, or fine, or both.

Ditto

164

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

Imprisonment for 3 years, or fine, or both.

Ditto

165

Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant.

Ditto

165A

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

Ditto

166

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

Simple imprisonment for 1 year, or fine, or both.

Non-cognizable

Bailable

Ditto

167

Public servant framing an incorrect document with intent to cause injury.

Imprisonment for 3 years, or fine, or both.

Cognizable

Ditto

168

Public servant unlawfully engaging in trade.

Simple imprisonment for 1 year, or fine, or both.

Non-cognizable

Ditto

169

Public servant unlawfully buying or bidding for property.

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

Ditto

170

Personating a public servant.

Imprisonment for 2 year, or fine, or both.

Cognizable

Non-bailable

Any Magistrate.

171

Wearing garb or carrying token used by public servant with fraudulent intent.

Imprisonment for 3 months, or fine of 200 rupees, or both/

Ditto

Bailable

Ditto

CHAPTER IXA : OFFENCES RELATING TO ELECTIONS

171E

Bribery.

Imprisonment for 1 year, or fine, or both, or if treating only, fine only.

Non-cognizable

Bailable

Magistrate of the first class.

171F

Undue influence at an election.

Imprisonment for one year, or fine, or both.

Ditto

Personation at an election.

Ditto

Cognizable

Ditto

171G

False statement in connection with an election.

Fine

Non-cognizable

Ditto

171H

Illegal payments in connection with elections.

Fine of 500 rupees.

Ditto

171I

Failure to keep election accounts.

Ditto

CHAPTER X : CONTEMPT S OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172

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

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

Non-cognizable

Bailable

Any Magistrate.

If summons or notice require attendance in person, etc., in a Court of Justice.

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

Ditto

173

Preventing the service or the affixing of any summons of notice, or the removal of it when it has been affixed, or preventing a proclamation;

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

Ditto

If summons, etc., require attendance in person, etc., in a Court of Justice.

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

Ditto

174

Not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority.

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

Ditto

If the order requires personal attendance, etc., in a Court of Justice.

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

Ditto

175

Intentionally omitting to produce a document to a public servant by a person legally bound to produce or deliver such document.

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

Ditto

The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, it not committed in a Court, any Magistrate.

If the document is required to be produced in or delivered to a Court of Justice.

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

Ditto

176

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

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

Ditto

Any Magistrate.

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

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

Ditto

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

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

Non-cognizable

Bailable

Any Magistrate.

177

Knowingly furnishing false information to a public servant.

Ditto

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

Imprisonment for 2 years, or fine, or both.

Ditto

178

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

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

Ditto

The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed in a Court, any Magistrate.

179

Being legally bound to state truth, and refusing to answer questions.

Ditto

180

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

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

Ditto

181

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

Imprisonment for 3 years and fine

Ditto

Magistrate of the first class.

182

Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person.

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

Ditto

Any Magistrate

183

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

Ditto

184

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

Imprisonment for 1 month, or fine of 500 rupees, or both

Ditto

185

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

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

Ditto

186

Obstructing public servant in discharge of his public functions.

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

Ditto

187

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

Simple imprisonment for 1 month, or fine of 200 rupees, or both.

Ditto

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

Simple imprisonment for 6 months, or fine of 500 rupees, or both.

Ditto

188

Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed.

Simple imprisonment for 1 month, or fine of 200 rupees, or both.

Cognizable

Bailable

Any Magistrate

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

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

Ditto

189

Threatening a public servant with injury to him or one in whom he is interested, to induce him to do or forbear to do any official act.

Imprisonment for 2 years, or fine, or both.

Non-cognizable

Ditto

190

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

Imprisonment for 1 year, or fine, or both.

Ditto

CHAPTER XI- FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

193

Giving or fabricating false evidence in a judicial proceeding.

Imprisonment for 7 years and fine.

Non-cognizable

Bailable

Magistrate of first class.

Giving or fabricating false evidence in any other case.

Imprisonment for 3 years, and fine.

Ditto

Any Magistrate.

194

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

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

Ditto

Non-bailable

Court of Session.

If innocent person be thereby convicted and executed.

Death, or as above

Ditto

195

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards.

The same as for the offence .

Ditto

196

Using in a judicial proceeding evidence known to be false or fabricated.

The same as for giving or fabricating false evidence.

Ditto

According as offence of giving such evidence is bailable or non-bailable.

Court by which offence of giving or fabricating false evidence is triable.

197

Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence.

Ditto

Bailable

Court by which offence of giving false evidence is triable.

198

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

Ditto

199

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

Ditto

200

Using as true any such declaration known to be false.

Ditto

201

Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence.

Imprisonment for 7 years and fine.

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

Bailable

Court of Session.

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

Imprisonment for 3 years and fine

Non-cognizable

Ditto

Magistrate of the first class.

If punishable with less than 10 years imprisonment.

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

Ditto

Court by which the offence is triable.

202

Intentional omission to give information of an offence by a person legally bound to inform.

Imprisonment for 6 months, or fine, or both

Ditto

Any Magistrate.

203

Giving false information respecting an offence committed.

Imprisonment for 2 years, or fine, or both.

Ditto

204

Secreting or destroying any document to prevent its production as evidence.

Ditto

Magistrate of the first class.

205

False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security.

Imprisonment for 3 year, or fine, or both.

Ditto

206

Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree.

Imprisonment for 2 years, or fine, or both.

Ditto

Any Magistrate.

207

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

Ditto

208

Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied.

Ditto

Magistrate of the first class.

209

False claim in a Court of Justice.

Imprisonment for 2 years and fine.

Ditto

210

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

Imprisonment for 2 years, or fine, or both.

Ditto

211

False charge of offence made with intent to injure.

Ditto

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

Imprisonment for 7 years and fine.

Ditto

If offence charged be capital or punishable with imprisonment for life.

Ditto

Court of Session.

212

Harbouring an offender, if the offence be capital.

Imprisonment for 5 years and fine.

Cognizable

Bailable

Magistrate of the first class.

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

Imprisonment for 3 years and fine.

Ditto

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

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

Ditto

213

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

Imprisonment for 7 years and fine.

Ditto

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

Imprisonment for 3 years and fine.

Ditto

If punishable with imprisonment for less than 10 years.

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

Ditto

214

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

Imprisonment for 7 years and fine

Non-cognizable

Ditto

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

Imprisonment for 3 years and fine

Ditto

If punishable with imprisonment for less than 10 years.

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

Ditto

215

Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender.

Imprisonment for 2 years, or fine, or both.

Cognizable

Ditto

216

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.

Imprisonment for 7 years and fine.

Ditto

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

Imprisonment for 3 years, with or without fine.

Ditto

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

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

Ditto

216A

Harbouring robbers or dacoits

Rigorous imprisonment for 7 years and fine.

Ditto

217

Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture.

Imprisonment for 2 years, or fine o