IPC
- Indian Penal Code
CHAPTER XI : OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence
Whoever, being legally bound by
an oath or by an express provision of law to state the truth, or being
bound by law to make a declaration upon any subject, makes any statement
which is false, and which he either knows or believes to be false or does
not believe to be true, is said to give false evidence.
Explanation 1- A statement is within
the meaning of this section, whether it is made verbally or otherwise.
Explanation 2- A false statement
as to the belief of the person attesting is within the meaning of this
section, and a person may be guilty of giving false evidence by stating
that he believes a thing which he does not believe, as well as by stating
that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim
which B has against Z for one thousand rupees, falsely swears on a trial
that he heard Z admit the justice of B's claim. A has given false evidence.
(b) A, being bound by an oath to
state the truth, states that he believes a certain signature to be the
handwriting of Z, when he does not believe it to be the handwriting of
Z. Here A states that which he knows to be false, and therefore gives
false evidence.
(c) A, knowing the general character
of Z's handwriting, states that he believes a certain signature to be
the handwriting of Z; A in good faith believing it to be so. Here A's
statement is merely as to his belief, and is true as to his belief, and
therefore, although the signature may not be the handwriting of Z, A has
not given false evidence.
(d) A, being bound by an oath to
state the truth, states that he knows that Z was at a particular place
on a particular day, not knowing anything upon the subject. A gives false
evidence whether Z was at that place on the day named or not.
(e) A,
an interpreter or translator, gives or certifies as a true interpretation
or translation of a statement or document which he is bound by oath to
interpret or translate truly, that which is not and which he does not
believe to be a true interpretation or translation. A has given false
evidence.
192. Fabricating false evidence
Whoever
causes any circumstance to exist or 100A[makes any false entry in any
book or record, or electronic record or makes any document or electronic
record containing a false statement], intending that such circumstance,
false entry or false statement may appear in evidence in a judicial proceeding,
or in a proceeding taken by law before a public servant as such, or before
an arbitrator, and that such circumstance, false entry or false statement,
so appearing in evidence, may cause any person who in such proceeding
is to form an opinion upon the evidence, to entertain an erroneous opinion
touching any point material to the result of such proceeding, is said
"to fabricate false evidence".
Illustrations
(a) A, puts jewels into a box belonging
to Z, with the intention that they may be found in that box, and that
this circumstance may cause Z to be convicted of theft. A has fabricated
false evidence.
(b) A makes a false entry in his
shop-book for the purpose of using it as corroborative evidence in a Court
of Justice. A has fabricated false evidence.
(c) A,
with the intention of causing Z to be convicted of a criminal conspiracy,
writes a letter in imitation of Z's handwriting, purporting to be addressed
to an accomplice in such criminal conspiracy, and puts the letter in a
place which he knows that the officers of the Police are likely to search.
A has fabricated false evidence.
193. Punishment for false evidence
Whoever
intentionally gives false evidence in any stage of a judicial proceeding,
or fabricates false evidence for the purpose of being used in any stage
of a judicial proceeding, 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 whoever intentionally gives
or fabricates false evidence in any other case, 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- A trial before a
Court-martial; 101[***] is a judicial proceeding.
Explanation 2- An investigation
directed by law preliminary to a proceeding before 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 an enquiry before a Magistrate
for the purpose of ascertaining whether Z ought to be committed for trial,
makes on oath a statement which he knows to be false. As this enquiry
is a state of a judicial 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 state 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.
194. Giving or fabricating false evidence with intent to procure
conviction of capital offence
Whoever
gives or fabricates false evidence, intending thereby to cause, or knowing
it to be likely that he will thereby cause, any person to be convicted
of an offence which is capital 102[by the law for the time being in force
in 103[India]] shall be punished with 104[imprisonment for life], or with
rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine;
if innocent
person be thereby convicted and executed- and if an innocent person be
convicted and executed in consequence of such false evidence, the person
who gives such false evidence shall be punished either with death or the
punishment herein before described.
195. Giving or fabricating false evidence with intent to procure
conviction of offence punishable with imprisonment for life or imprisonment
Whoever
gives or fabricates false evidence intending thereby to cause, or knowing
it to be likely that he will thereby cause, any person to be convicted
of an offence which 102[by the law for the time being in force in 103[India]]
is not capital, but punishable with 104[imprisonment for life], or imprisonment
for a term of seven years or upwards, shall be punished as a person convicted
of that offence would be liable to be punished.
Illustration
A gives
false evidence before a Court of Justice, intending thereby to cause Z
to be convicted of a dacoity. The punishment of dacoity is 104[imprisonment
for life], or rigorous imprisonment for a term which may extend to ten
years, with or without fine. A, therefore, is liable to 105[imprisonment
for life] or imprisonment, with or without fine.
196. Using evidence known to be false
Whoever
corruptly uses or attempts to use as true or genuine evidence any evidence
which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
197. Issuing or signing false certificate
Whoever
issues or signs any certificate required by law to be given or signed,
or relating to any fact of which such certificate is by law admissible
in evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave false
evidence.
198. Using as true a certificate known to be false
Whoever
corruptly uses or attempts to use any such certificate as a true certificate,
knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
199. False statement made in declaration which is by law receivable
as evidence
Whoever,
in any declaration made or subscribed by him, which declaration any Court
of Justice, or any public servant or other person, is bound or authorised
by law to receive as evidence of any fact, makes any statement which is
false, and which he either knows or believes to be false or does not believe
to be true, touching any point material to the object for which the declaration
is made or used, shall be punished in the same manner as if he gave false
evidence.
200. Using as true such declaration knowing it to be false
Whoever
corruptly uses or attempts to use as true any such declaration, knowing
the same to be false in any material point, shall be punished in the same
manner as if he gave false evidence.
Explanation-
A declaration which is inadmissible merely upon the ground of some informality,
is a declaration within the meaning of sections 199 to 200.
201. Causing disappearance of evidence of offence, or giving
false information to screen offender
Whoever,
knowing or having reason to believe that an offence has been committed,
causes any evidence of the commission of that offence to disappear, with
the intention of screening the offender from legal punishment, or with
that intention gives any information respecting the offence which he knows
or believes to be false;
if a capital offence- shall, if
the offence which he knows or believes to have been committed is punishable
with death, be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment
for life- and if the offence is punishable with 104[imprisonment for life],
or with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;
if punishable with less than ten
years' imprisonment- and if the offence is punishable with imprisonment
for any term not extending to ten years, shall be punished with imprisonment
of the description provided for the offence, for a term which may extend
to one -fourth part of the longest term of the imprisonment provided for
the offence, or with fine, or with both.
Illustration
A, knowing
that B has murdered Z, assists B to hide the body with the intention of
screening B from punishment. A is liable to imprisonment of either description
for seven years, and also to fine.
202. Intentional omission to give information of offence by person
bound to inform
Whoever,
knowing or having reason to believe that an offence has been committed,
intentionally omits to give any information respecting that offence which
he is legally bound to give, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or
with both.
203. Giving false information respecting an offence committed
Whoever
knowing or having reason to believe that an offence has been committed,
gives any information respecting that offence which he knows or believes
to be false, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
106[Explanation-
In sections 201 and 202 and in this section the word "offence",
includes any act committed at any place out of 107[India], which, if committed
in 107[India], would be punishable under any of the following sections,
namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435,
436, 449, 450, 457, 458, 459 and 460.]
204. Destruction of document to prevent its production as evidence
Whoever
secretes or destroys any 100A[document or electronic record] which he
may be lawfully compelled to produce as evidence in a Court of Justice,
or in any proceeding lawfully held before a public servant, as such, or
obligates or renders illegible the whole or any part of such 100A[document
or electronic record] with the intention of prevention the same from being
produced or used as evidence before such Court or public servant as aforesaid,
or after he shall have been lawfully summoned or required to produce the
same for that purpose, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
205. False personation for purpose of act or proceeding in suit
or prosecution
Whoever
falsely personates another, and in such assumed character makes any admission
or statement, or confesses judgement, or causes any process to be issued
or becomes bail or security, or does any other act in any suit or criminal
prosecution, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
206. Fraudulent removal or concealment of property to prevent
its seizure as forfeited or in execution
Whoever
fraudulently removes, conceals, transfers or delivers to any person any
property or any interest therein, intending thereby to prevent that property
or interest there in from being taken as a forfeiture or in satisfaction
of a fine, under a sentence which has been pronounced, or which he knows
to be likely to be pronounced, by a Court of Justice or other competent
authority, or from being taken in execution of a decree or order which
has been made, or which he knows to be likely to be made by a Court of
Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
207. Fraudulent claim to property to prevent its seizure as forfeited
or in execution
Whoever
fraudulently accepts, receives or claims any property or any interest
therein, knowing that he has no right or rightful claim to such property
or interest, or practices any deception touching any right to any property
or any interest therein, intending thereby to prevent that property or
interest therein from being taken as a forfeiture or in satisfaction of
a fine, under a sentence which has been pronounced, or which he knows
to be likely to be pronounced by a Court of Justice or other competent
authority, or from being taken in execution of a decree or order which
has been made, or which he knows to be likely to be made by a Court of
Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
208. Fraudulently suffering decree for sum not due
Whoever
fraudulently causes or suffers a decree or order to be passed against
him at the suit of any person for a sum not due or for a larger sum that
is due to such person or for any property or interest in property to which
such person is not entitled, or fraudulently causes or suffers a decree
or order to be executed against him after it has been satisfied, or for
anything in respect of which it has been satisfied, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Illustration
A institutes
a suit against Z. Z knowing that A is likely to obtain a decree against
him, fraudulently suffers a judgement to pass against him for a larger
amount at the suit of B, who has no just claim against him, in order that
B, either on his own account or for the benefit of Z, may share in the
proceeds of any sale of Z's property which may be made under A's decree.
Z has committed an offence under this section.
209. Dishonestly making false claim in Court
Whoever
fraudulently or dishonestly, or with intent to injure or annoy any person,
makes in a Court of Justice any claim which he knows to be false, shall
be punished with imprisonment of either description for a term which may
extend to two years, and shall also be liable to fine.
210. Fraudulently obtaining decree for sum not due
Whoever
fraudulently obtains a decree or order against any person for a sum not
due or for a larger sum than is due, or for any property or interest in
property to which he is not entitled, or fraudulently causes a decree
or order to be executed against any person after it has been satisfied
or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
211. False charge of offence made with intent to injure
Whoever,
with intent to cause injury to any person, institutes or causes to be
instituted any criminal proceeding against that person, or falsely charges
any person with having committed an offence, knowing that there is no
just or lawful ground for such proceeding or charge against that person,
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both;
and if
such criminal proceeding be instituted on a false charge of an offence
punishable with death, 104[imprisonment for life], or imprisonment for
seven years or upwards, shall be punishable with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
212. Harbouring offender
Whenever
an offence has been committed, whoever harbours or conceals a person whom
he knows or has reason to believe to be the offender, with the intention
of screening him from legal punishment;
if a capital offence- shall, if
the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to five years, and shall
also be liable to fine;
if punishable with imprisonment
for life, or with imprisonment- and if the offence is punishable with
104[imprisonment for life], or with imprisonment which may extend to ten
years, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable
with imprisonment which may extend to one year, and not to ten years,
shall be punished with imprisonment of the description provided for the
offence for a term which may extend to one-fourth part of the longest
term of imprisonment provided for the offence, or with fine, or with both.
108["Offence" in this
section includes any act committed at any place out of 109[India], which,
if committed in 109[India], would be punishable under any of the following
sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399,
402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall,
for the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in 3[India].]
Exception- This provision shall
not extend to any case in which the harbour or concealment is by the husband
or wife of the offender.
Illustration
A, knowing
that B has committed dacoity, knowingly conceals B in order to screen
him from legal punishment. Here, as B is liable to 104[imprisonment for
life], A is liable to imprisonment of either description for a term not
exceeding three years, and is also liable to fine.
213. Taking gift, etc., to screen an offender from punishment
Whoever
accepts or attempts to obtain, or agrees to accept, any gratification
for himself or any other person, or any restitution of property to himself
or any other person, in consideration of his concealing an offence or
of his screening any person from legal punishment for any offence, or
of his not proceeding against any person for the purpose of bringing him
to legal punishment,
if a capital offence- shall, if
the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine;
if punishable with imprisonment
for life, or with imprisonment- and if the offence is punishable with
104[imprisonment for life], or with imprisonment which may extend to ten
years, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine;
and if
the offence is punishable with 104[imprisonment not extending to ten],
or with years, shall be punished with imprisonment of the description
provided for the offence for a term which may extend to one-fourth part
of the longest term of imprisonment provided for the offence, or with
fine, or with both.
214. Offering gift or restoration of property in consideration
of screening offender
Whoever
gives or causes, or offers or agrees to give or cause, any gratification
to any person, or 110[restores or causes the restoration of] any property
to any person, in consideration of that person's concealing an offence,
or of his screening any person from legal punishment for any offence,
or of his not proceeding against any person for the purpose of bringing
him to legal punishment;
if a capital offence- shall, if
the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine;
if punishable with imprisonment
for life, or with imprisonment- and if the offence is punishable with
104[imprisonment for life], or with imprisonment which may extend to ten
years, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable
with imprisonment not extending to ten years, shall be punished with imprisonment
of the description provided for the offence for a term which may extend
to one-fourth part of the longest term of imprisonment provided for the
offence, or with fine, or with both.
111[Exception- The provisions of
sections 213 and 214 do not extend to any case in which the offence may
lawfully be compounded.]
112[***]
215. Taking gift to help to recover stolen property, etc.
Whoever
takes or agrees or consents to take any gratification under pretence or
on account of helping any person to recover any movable property of which
he shall have been deprived by any offence punishable under this Code,
shall, unless he uses all means in his power to cause the offender to
be apprehended and convicted of the offence, be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or with both.
216. Harbouring offender who has escaped from custody or whose
apprehension has been ordered
Whenever
any person convicted of or charged with an offence, being in lawful custody
for that offence, escapes from such custody;
or whenever a public servant, in
the exercise of the lawful powers of such public servant, orders a certain
person to be apprehended for an offence, whoever, knowing of such escape
or order for apprehension, harbours of conceals that person which the
intention of preventing him from being apprehended, shall be punished
in the manner following that is to say:-
if a capital offence- if the offence
for which the person was in custody or is ordered to be apprehended is
punishable with death, 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;
if punishable with imprisonment
for life, or with imprisonment- if the offence is punishable with 104[imprisonment
for life], or imprisonment for ten years, he shall be punished with imprisonment
of either description for a term which may extend to three years, with
or without. fine;
and if the offence is punishable
with imprisonment which may extend to one year and not to ten years, he
shall be punished with imprisonment of the description provided for the
offence for a term which may extend to one-fourth part of the longest
term of the imprisonment provided for such offence, or with fine, or with
both.
113["Offence" in this
section includes also any act or omission of which a person is alleged
to have been guilty out of 109[India], which, if he had been guilty of
it in 109[India], would have been punishable as an offence, and for which
he is, under any law relating to extradition, 114[***] or otherwise, liable
to be apprehended or detained in custody in 109[India]; and every such
act or omission shall, for the purposes of this section, be deemed to
be punishable as if the accused person had been guilty of it in 109[India].]
Exception-
This provision does not extend to the case in which the harbour or concealment
is by the husband or wife of the person to be apprehended.
108[216A. Penalty for harbouring robbers or dacoits
Whoever,
knowing or having reason to believe that any persons are about to commit
or have recently committed robbery or dacoity, harbours them or any of
them, with the intention of facilitating the commission of such robbery
or dacoity or of screening them or any of them from punishment, shall
be punished with rigorous imprisonment for a term which may extend to
seven years, and shall also be liable to fine.
Explanation- For the purposes of
this section it is immaterial whether the robbery or dacoity is intended
to be committed, or has been committed, within or without 109[India].
Exception-
This provision does not extend to the case in which the harbour is by
the husband or wife of the offender.]
[216B. Definition of "harbour" in sections 212, 216
and 216A: Repealed by the Indian Penal Code (Amendment) Act, 1942 (8 of
1942)]
217. Public servant disobeying direction of law with intent to
save person from punishment or property from forfeiture
Whoever,
being a public servant, knowingly disobeys any direction of the law as
to the way in which he is to conduct himself as such public servant, intending
thereby to save, or knowing it to be likely that he will thereby save,
any person from legal punishment, or subject him to a less punishment
than that to which he is liable, or with intent to save, or knowing that
he is likely thereby to save, any property from forfeiture or any charge
to which it is liable by law, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from forfeiture
Whoever,
being a public servant, and being as such public servant, charged with
the preparation of any record or other writing, frames that record or
writing in a manner which he knows to be incorrect, with intent to cause,
or knowing it to be likely that he will thereby cause, loss or injury
to the public or to any person, or with intent thereby to save, or knowing
it to be likely that he will thereby save, any person from legal punishment,
or with intent to save, or knowing that he is likely thereby to save,
any property from forfeiture or other charge to which it is liable by
law, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
219. Public servant in judicial proceeding corruptly making report,
etc., contrary to law
Whoever,
being a public servant, corruptly or maliciously makes or pronounces in
any stage of a judicial proceeding, any report, order, verdict, or decision
which he knows to be contrary to law, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with
fine, or with both.
220. Commitment for trial or confinement by person having authority
who knows that he is acting contrary to law
Whoever,
being in any office which gives him legal authority to commit persons
for trial or to commitment, or to keep persons in confinement, corruptly
or maliciously commits any person for trial or to confinement, or keeps
any person in confinement, in the exercise of that authority knowing that
in so doing he is acting contrary to law, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with
fine, or with both.
221. Intentional omission to apprehend on the part of public
servant bound to apprehend
Whoever,
being a public servant, legally bound as such public servant to apprehend
or to keep in confinement any person charged with or liable to apprehended
for an offence, intentionally omits to apprehend such person, or intentionally
suffers such person to escape, or intentionally aids such person in escaping
or attempting to escape from such confinement, shall be punished as follows,
that is to say:-
with imprisonment of either description
for a term which may extend to seven years, with or without fine, if the
person in confinement, or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with death;
or
with imprisonment of either description
for a term which may extend to three years, with or without fine, if the
person in confinement, or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with 104[imprisonment
for life] or imprisonment for a term which may extend to ten years; or
with imprisonment
of either description for a term which may extend to two years, with or
without fine, if the person in confinement, or who ought to have been
apprehended, was charged with, or liable to be apprehended for, an offence
punishable with imprisonment for a term less than ten years.
222. Intentional omission to apprehend on the part of public
servant bound to apprehend person under sentence or lawfully committed
Whoever,
being a public servant, legally bound as such public servant to apprehend
or to keep in confinement any person under sentence of a Court of Justice
for any offence 115[or lawfully committed to custody], intentionally omits
to apprehend such person, or intentionally suffers such person to escape
or intentionally aids such person in escaping or attempting to escape
from such confinement, shall be punished as follows, that is to say:-
with 104[imprisonment for life]
or with imprisonment of either description for a term which may extend
to fourteen years, with or without fine, if the person in confinement,
or who out to have been apprehended, is under sentence of death; or
with imprisonment of either description
for a term which may extend to seven years, with or without fine, if the
person in confinement or who ought to have been apprehended, is subject,
by a sentence of a Court of Justice, or by virtue of a commutation of
such sentence, to 104[imprisonment for life] 116[***] 117[***] 118[***]
119[***] or imprisonment for a term of ten years up upwards; or
with imprisonment
of either description for a term which may extend to three years, or with
fine, or with both, if the person in confinement, or who ought to have
been apprehended is subject, by a sentence of a Court of Justice, to imprisonment
for a term not exceeding to ten years 120[or if the person was lawfully
committed to custody].
223. Escape from confinement or custody negligently suffered
by public servant
Whoever,
being a public servant legally bound as such public servant to keep in
confinement any person charged with or convicted of any offence 120[or
lawfully committed to custody], negligently suffers such person to escape
from confinement, shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both.
224. Resistance or obstruction by a person to his lawful apprehension
Whoever
intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself for any offence with which he is charged or of
which he has been convicted, or escapes or attempts to escape from any
custody in which he is lawfully detained for any such offence, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Explanation-
The punishment in this section is in addition to the punishment for which
the person to be apprehended or detained in custody was liable for the
offence with which he was charged, or of which he was convicted.
225. Resistance or obstruction to lawful apprehension of another
person
Whoever
intentionally offers any resistance or illegal obstruction to the lawful
apprehension of any other person for an offence, or rescues or attempts
to rescue any other person from any custody in which that person is lawfully
detained for an offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both;
or, if the person to be apprehended,
or the person rescued or attempted to be rescued, is charged with or liable
to be apprehended for an offence punishable with 104[imprisonment for
life] or imprisonment for a term which may extend to ten years, shall
be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine;
or, if the person to be apprehended,
or the person attempted to be rescued, is charged with or liable to be
apprehended for an offence punishable with death, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;
or, if the person to be apprehended
or rescued, or attempted to be rescued, is liable under the sentence of
a Court of Justice, or by virtue of a commutation of such a sentence,
to 104[imprisonment for life] 117[***] 118[***] 121[***] or imprisonment,
for a term of ten years or upwards, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine;
or, if
the person to be apprehended or rescued, or attempted to be rescued, is
under sentence of death, shall be punished with 104[imprisonment for life]
or imprisonment of either description for a term not exceeding ten years,
and shall also be liable to fine.
122[225A. Omission to apprehend, or sufferance of escape, on
part of public servant, in cases not otherwise, provided for
Whoever,
being a public servant legally bound as such public servant to apprehend,
or to keep in confinement, any person in any case not provided for in
section 221, section 222 or section 223, or in any other law for the time
being in force, omits to apprehend that person or suffers him to escape
from confinement, shall be punished-
(a) if he does so intentionally,
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both; and
(b) if
he does so negligently, with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
225B. Resistance or obstruction to lawful apprehension, or escape
or rescue in cases not otherwise provided for
Whoever,
in any case not provided for in section 224 or section 225 or in any other
law for the time being in force, intentionally offers any resistance or
illegal obstruction to the lawful apprehension of himself or of any other
person, or escapes or attempts to escape from any custody in which he
is lawfully detained, or rescues or attempts to rescue any other person
from any custody in which that person is lawfully detained, shall be punished
with imprisonment of either description for a term which may extend to
six months, or with fine, or with both.]
[226. Unlawful return from transportation: Repealed by the Code of
Criminal Procedure (Amendment) Act, 1995, w.e.f. 1st. January, 1956]
227. Violation of condition of remission of punishment
Whoever,
having accepted any conditional remission of punishment, knowingly violates
any condition on which such remission was granted, shall be punished with
the punishment to which he was originally sentenced, if he has already
suffered no part of that punishment, and if he has suffered any part of
that punishment, then with so much of that punishment as he has not already
suffered.
228. Intentional insult or interruption to public servant sitting
in judicial proceeding
Whoever
intentionally offers any insult, or causes any interruption to any public
servant, while such public servant is sitting in any stage of a judicial
proceeding, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
123[228A. Disclosure of identity of the victim of certain offences
etc.
(1) Whoever
prints or publishes the name or any matter which may make known the identity
of any person against whom an offence under section 376, section 376A,
section 376B, section 376C or section 376D is alleged or found to have
been committed (hereafter in this section referred to as the victim) shall
be punished with imprisonment of either description for a term which may
extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1)
extends to any printing or publication of the name or any matter which
may make known the identity of the victim if such printing or publication
is-
(a) by or under the order in writing
of the officer-in-charge of the police station or the police officer making
the investigation into such offence acting in good faith for the purposes
of such investigation; or
(b) by, or with the authorisation
in writing of, the victim; or
(c) where the victim is dead or
minor or of unsound mind, by, or with the authorisation in writing of,
the next of kin of the victim :
Provided that no such authorisation
shall be given by the next of kin to anybody other than the chairman or
the secretary, by whatever name called, of any recognised welfare institution
or organisation.
Explanation- For the purposes of
this sub-section, "recognised welfare institution or organisation"
means a social welfare institution or organisation recognised in this
behalf by the Central or State Government.
(3) Whoever prints or publishes
any matter in relation to any proceeding before a court with respect to
an offence referred to in sub-section (1) without the previous permission
of such court shall be punished with imprisonment of either description
for a term which may extend to two years and shall also be liable to fine.
Explanation-
The printing or publication of the judgement of any High Court or the
Supreme Court does not amount to an offence within the meaning of this
section.]
229. Personation of a juror or assessor
Whoever,
by personation or otherwise, shall intentionally cause, or knowingly suffer
himself to be returned, empanelled or sworn as a juryman or assessor in
any case in which he knows that he is not entitled by law to be so returned,
empanelled or sworn, or knowing himself to have been so returned, empanelled
or sworn contrary to law, shall voluntarily serve on such jury or as such
assessor, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
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