AUTHORITIES REFERRED TO.

Agnew and Henderson.-Code of Criminal Procedure. 1882.

Aitchison. Treaties, Engagements and Sunnuds. 3rd ed. 1892-94. Archbold.-Pleading and Evidence in Criminal Cases.

Bacon's Abridgment of the Law. 7th ed.

1832.

Bigelow.-Leading Cases on the Law of Torts. 1875.

Bishop.-Criminal Law. 1st ed.

21st ed. 1893.

Chevers. -Medical Jurisprudence in India. 3rd ed. 1870.

Cockburn.-Charge by the Lord Chief Justice in the case of Reg. v. Nelson and Brand. 2nd ed. 1867.

Collett. Comments on the Indian Penal Code. 1889.

Comyns.-Digest of the Laws of England. 5th ed. 1822.
English Criminal Code: Draft and Report. 1879.

Forsyth.-Cases and Opinions on Constitutional Law. 1869.
Foster.-Crown Cases and Crown Law.

3rd ed. 1809.

Hale. History of the Pleas of the Crown. 1800.
Hawkins. Treatise of the Pleas of the Crown.
Ilbert.-The Government of India. 1898.

Lee Warner. The Protected Princes of India.

8th ed.

1824.

1894.

Madras Sessions Cases: Notes of Unreported Cases decided at the Madras Sessions, taken at the time by Mr. Mayne while Crown Prosecutor, or Acting Advocate-General.

MacNaghten.-Principles and Precedents of Moohummadan Law. 2nd ed. By W. Sloan. Madras: 1860.

Mayne. Treatise on Hindu Law and Usage. 6th ed. 1900.

Penal Code.-Draft of 1837, with Preface and Notes by the Indian Commissioners, and 1st and 2nd Reports of 1846 and 1847. Madras: 1888. Phillimore.--Commentaries upon International Law, by Sir Robert Phillimore. 4 vols. 1854, 1855, 1857, 1861.

Russell. Treatise on Crimes and Misdemeanours. 5th ed. 1877.

Smith's Leading Cases. 8th ed.

Sohoni.-Criminal Procedure Code. 5th ed. 1900.

1st ed. 1877.

1883.

Stephen (Sir James).-Digest of the Criminal Law.
History of the Criminal Law of England.

Stokes. -Anglo-Indian Codes.

1st ed.

1887, 1888.

Strange (Sir Thomas).-Hindu Law. 1830.

Taylor.-Principles and Practice of Medical Jurisprudence. 3rd ed. 1883.

PART I.

THE INDIAN PENAL CODE.

ACT No. XLV. OF 1860.

PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.

(Received the assent of the Governor-General on the 6th October, 1860.)

CHAPTER I.

WHEREAS it is expedient to provide a General Penal Code for British India; It is enacted as follows:

Preamble.

Title and extent of operation of the Code.

1. This Act shall be called THE INDIAN PENAL CODE, and shall take effect, throughout the whole of the Territories which are or may become vested in Her Majesty by the Statute 21 and 22 Victoria, Chapter 106, entitled "An Act for the better government of India."

Commentary.

See as to words now omitted from ss. 1 and 2 the repealing Act XII. of 1901.

By Statute 28 Vict., c. 17, s. 4, the Governor-General in Council is empowered to allot any part of British India to such Presidency or Lieutenant-Governorship as he may deem expedient. The Penal Code, by its second section, and the Criminal Procedure Code, by its fifth section, are universal in their application to all parts of British India, unless and until, in the case of the districts which are styled "Scheduled Districts" in Act XIV. of 1874, the local Government to which any such district is annexed should, with the previous sanction of the Governor-General in Council, declare that they, or either of them, are not in force in such district. It will be observed that neither of these Codes is referred to in the Law and Local Extent Act XV. of 1874. See, as to Perim, Reg. v. Mangul Tekchand,

10 Bom., 258; as to the Laccadive Islands, Reg. v. Cheria Koya, 13 Mad., 253; as to Aden, Act II. of 1864; as to offences committed in territorial waters, 41 and 42 Vict., c. 73.

2. Every person shall be liable to punishment under this Code and not otherwise, for every act or omission contrary to the provisions thereof, of which he shall be guilty within the said Territories.

Punishment of offences committed within the said Territories.

3. Any person liable, by any law passed by the Governor-General of India in Council, to be tried for an offence committed beyond the limits of the said Territories, shall be dealt with according to the provisions of this Code for any act committed beyond the said Territories, in the same manner as if such act had been committed within the said Territories.

Punishment of offences committed beyond, but which by law may be tried within, the said Territories.

Extension

of

Code to extra-terri

4. The provisions of this Code apply torial offences. also to any offence committed by— (1) any Native Indian subject of Her Majesty in any place without and beyond British India; (2) any other British subject within the territories of any Native Prince or Chief in India;

(3) any servant of the Queen, whether a British subject or not, within the territories of any Native Prince or Chief in India.

Explanation. In this section the word offence' includes every act committed outside British India which, if committed in British India, would be punishable under this Code.

Illustrations.

(a) A, a coolie, who is a Native Indian subject, commits a murder in Uganda. He can be tried and convicted of murder in any place in British India in which he may be found.

(b) B, a European British subject. commits a murder in Kashmir. He can be tried and convicted of murder in any place in British India in which he may be found.

(c) C, a foreigner who is in the service of the Punjab Government, commits a murder in Jhind. He can be tried and convicted of murder at any place in British India in which he may be found.

(d) D, a British subject living in Indore, instigates E to commit a murder in Bombay. Dis guilty of abetting murder. (Act IV. of 1898, s. 2.)

For Commentary on ss. 2, 3, 4, see Part II., Chap. II.

Certain laws not to be affected by this Act.

5. Nothing in this Act is intended to repeal, vary, suspend, or affect any of the provisions of the Statute 3 and 4 William IV., Chapter 85, or of any Act of Parliament passed after that Statute in any wise affecting the East India Company, or the said Territories, or the Inhabitants thereof, or any of the provisions of any Act for punishing mutiny and desertion of Officers and Soldiers in the service of Her Majesty or of the East India Company, or of any special or local law.

Commentary.

A reference to " any Act for the Government of the Indian Navy" was repealed by Act XIV. of 1870.

The words " special" and "local law" are defined by ss. 41, 42 of Chap. II.

Although an offence is expressly made punishable by a special or local law, it will be also punishable under the Penal Code, if the facts, come within the definitions of the Code. (Reg. v. Ramachandrappa, 6 Mad., 249.) Accordingly, the High Court of Madras held that a prisoner might be punished, under s. 465, for making a false declaration under s. 5 of Act X. of 1841 (Ship Register), though a specified penalty is provided by s. 23 of that Act. (Rulings of 1865 on s. 5.) No such prosecution is admissible, if it appears upon the whole frame of the special act that it was intended to be complete in itself, and to be enforced only by the penalties created by it. (Chandi Pershad v. Abdur Rahman, 21 Cal., 131, at p. 138.) The Court of Session has jurisdiction to hear appeals on sentences passed by a Magistrate under such special and local laws (Rulings of Mad. H. C. 1865, on s. 409 of Cr. P. C. Act XXV. of 1861); and, conversely, it is no reason for quashing a conviction under a special law, for instance, under s. 29 of Act V. of 1861 (General Police), that the facts would constitute an offence punishable under the Penal Code. (Kasimuddin, in re, 4 Wym. Cr., 17; S. C., 8 Suth. Cr., 55.) But, of course, a person cannot be punished under both the Penal Code and a special law for the same offence. (Reg. v. Hussun Ali, 5 N.-W. P., 49.)

Definitions in the Code to be under

CHAPTER II. .

GENERAL EXPLANATIONS.

6. THROUGHOUT this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, stood subject to shall be understood subject to the excepexceptions. tions contained in the Chapter entitled General Exceptions," though those exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations.

(a) The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

(b) A, a Police Officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that nothing is an offence which is done by a person who is bound by law to do it."

66

Expression once explained is used in the same sense throughout Code.

Gender.

Number.

the

7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with this explanation.

8. The pronoun "he" and its derivatives are used of any person, whether male or female.

Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

10. The word "man" denotes a male human being of any age the word " woman denotes a female human being of any age.

"Man."

"Woman."

11. The word "person" includes any Company or Association or body of persons, whether incorporated or not.

"Person."

"Public."

12. The word "public" includes any class of the public or any community.

13. The word "Queen" denotes the sovereign for the time being of the United Kingdom of Great Britain and Ireland.

Queen."

"Servant of the Queen."

14. The words "servant of the Queen" denote all officers or servants continued, appointed, or employed in India by or under the authority of the said Statute 21 and 22 Victoria, Chapter 106, entitled "An Act for the better government of India," or by or under the authority of the Government of India or any Government.