Section 2: In this Sanhita, unless the context otherwise requires,––

(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that resemblance to practise deception,
or knowing it to be likely that deception will thereby be practised.
and the resemblance is such that a person might be deceived thereby, it shall be
presumed, until the contrary is proved, that the person so causing the one thing to
resemble the other thing intended by means of that resemblance to practise deception
or knew it to be likely that deception would thereby be practised;
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a
body of Judges which is empowered by law to act judicially as a body, when such
Judge or body of Judges is acting judicially;
(6) “death” means the death of a human being unless the contrary appears from
the context;
(7) “dishonestly” means doing anything with the intention of causing wrongful
gain to one person or wrongful loss to another person;
(8) “document” means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, and includes
electronic and digital record, intended to be used, or which may be used, as evidence
of that matter.
explained by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although the same may not
be actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill is to be
paid to the holder. The endorsement is a document, and shall be construed in the same
manner as if the words “pay to the holder” or words to that effect had been written
over the signature;
(9) “fraudulently” means doing anything with the intention to defraud but not
otherwise;
(10) “gender”.—The pronoun “he” and its derivatives are used of any person,
whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k)
40 of 2019. of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which
is done or believed without due care and attention;
(12) “Government” means the Central Government or a State Government;
(13) “harbour” includes supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a person by any
means, whether of the same kind as those enumerated in this clause or not, to evade
apprehension;
(14) “injury” means any harm whatever illegally caused to any person, in body,
mind, reputation or property;
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to
everything which is an offence or which is prohibited by law, or which furnishes
ground for a civil action; and a person is said to be “legally bound to do” whatever it
is illegal in him to omit;
(16) “Judge” means a person who is officially designated as a Judge and includes
a person,––
(i) 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 confirmed by some other authority,
would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered
by law to give such a judgment.

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Illustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has
power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(17) “life” means the life of a human being, unless the contrary appears from the
context;
(18) “local law” means a law applicable only to a particular part of India;
(19) “man” means male human being of any age;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is
used, it is to be understood that the month or the year is to be reckoned according to
the Gregorian calendar;
(21) “movable property” includes property of every description, except land
and things attached to the earth or permanently fastened to anything which is attached
to the earth;
(22) “number”.—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;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and
any declaration required or authorised by law to be made before a public servant or to
be used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in
sub-clauses (a) and (b), the word “offence” means a thing made punishable by this
Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2),
(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,
120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,
251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and
sub-section (2) of section 330, the word “offence” means a thing punishable
under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253
and sub-section (1) of section 329, the word “offence” shall have the same
meaning when the act punishable under the special law or local law is punishable
under such law with imprisonment for a term of six months or more, whether
with or without fine;
(25) “omission” denotes as well as a series of omissions as a single omission;
(26) “person” includes any company or association or body of persons, whether
incorporated or not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions,
namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge,
whether by himself or as a member of any body of persons, any adjudicatory
functions;
(c) every officer of a Court including a liquidator, receiver or commissioner
whose duty it is, as such officer, to investigate or report on any matter of law or
fact, or to make, authenticate, or keep any document, or to take charge or dispose

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of any property, or to execute any judicial process, or to administer any oath, or
to interpret, or to preserve order in the Court, and every person specially
authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public
servant;
(e) every arbitrator or other person to whom any cause or matter has been
referred for decision or report by any Court, or by any other competent public
authority;
(f) every person who holds any office by virtue of which he is empowered
to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to justice,
or to protect the public health, safety or convenience;
(h) every officer whose duty it is, as such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey,
assessment or contract on behalf of the Government, or to execute any
revenue-process, or to investigate, or to report, on any matter affecting the
pecuniary interests of the Government, or to make, authenticate or keep any
document relating to the pecuniary interests of the Government, or to prevent
the infraction of any law for the protection of the pecuniary interests of the
Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or
expend any property, to make any survey or assessment or to levy any rate or tax
for any secular common purpose of any village, town or district, or to make,
authenticate or keep any document for the ascertaining of the rights of the
people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered
to prepare, publish, maintain or revise an electoral roll or to conduct an election
or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or
commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31)
10 of 1897. of section 3 of the General Clauses Act, 1897, a corporation established by
or under a Central or State Act or a Government company as defined in
18 of 2013. clause (45) of section 2 of the Companies Act, 2013.
Explanation.—
(a) persons falling under any of the descriptions made in this clause are
public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public
servant, whatever legal defect there may be in his right to hold that situation is
a public servant;
(c) “election” means an election for the purpose of selecting members of
any legislative, municipal or other public authority, of whatever character, the
method of selection to which is by, or under any law for the time being in force.
Illustration.
A Municipal Commissioner is a public servant;

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(29) “reason to believe”.—A person is said to have “reason to believe” a thing,
if he has sufficient cause to believe that thing but not otherwise;
(30) “special law” means a law applicable to a particular subject;
(31) “valuable security” means a document which is, or purports to be, a
document whereby any legal right is created, extended, transferred, restricted,
extinguished or released, or whereby any person acknowledges that he lies under legal
liability, or has not a certain legal right.
Illustration.
A writes his name on the back of a bill of exchange. As the effect of this
endorsement is to transfer the right to the bill to any person who may become the
lawful holder of it, the endorsement is a “valuable security”;
(32) “vessel” means anything made for the conveyance by water of human
beings or of property;
(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he
causes it by means whereby he intended to cause it, or by means which, at the time of
employing those means, he knew or had reason to believe to be likely to cause it.
Illustration.
A sets fire, by night, to an inhabited house in a large town, for the purpose of
facilitating a robbery and thus causes the death of a person. Here, A may not have
intended to cause death; and may even be sorry that death has been caused by his act;
yet, if he knew that he was likely to cause death, he has caused death voluntarily;
(34) “will” means any testamentary document;
(35) “woman” means a female human being of any age;
(36) “wrongful gain” means gain by unlawful means of property to which the
person gaining is not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the
person losing it is legally entitled;
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain
wrongfully when such person retains wrongfully, as well as when such person acquires
wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out
of any property, as well as when such person is wrongfully deprived of property; and
(39) words and expressions used but not defined in this Sanhita but defined in
the Information TechnologyAct, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 21 of 2000.
shall have the meanings respectively assigned to them in that Act and Sanhita.
death, to do a thing which is an offence by law; for example, a smith compelled 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.
done, or attempted to be done, by the direction of a public servant, unless he knows, or has
reason to believe, that the person doing the act is acting by such direction, or unless such
person states the authority under which he acts, or if he has authority in writing, unless he
produces such authority, if demanded.
does anything in order to facilitate the commission of that act, and thereby facilitates the
commission thereof, is said to aid the doing of that act.
abetted should be committed, or that the effect requisite to constitute the offence should be
caused.
Illustrations.
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit
murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers
from the wound. A is guilty of instigating B to commit murder.
by words, gestures or any form of verbal or non-verbal communication, communicates
willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall
not by the reason only of that fact, be regarded as consenting to the sexual activity.
not being under eighteen years of age, is not rape.
also be applicable.
but not to their dissemination to third persons and where such image or act is disseminated,
such dissemination shall be considered an offence under this section.
Stalking.
intercourse between persons not united by marriage or by any union or tie which, though
not amounting to a marriage, is recognised by the personal law or custom of the community
to which they belong or, where they belong to different communities, of both such
communities, as constituting between them a quasi-marital relation.

CHAPTER VI
OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life
bodily injury shall be deemed to have caused the death, although by resorting to proper
remedies and skilful treatment the death might have been prevented.
faith of the right of private defence of person or property, exceeds the power given to him by
law and causes the death of the person against whom he is exercising such right of defence
without premeditation, and without any intention of doing more harm than is necessary for
the purpose of such defence.
Illustration.
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A
draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other
means prevent himself from being horsewhipped, shoots Z dead. A has not committed
murder, but only culpable homicide.
deformity or permanent vegetative state shall not be required to be irreversible.
the offence, is a question of fact.
of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with rigorous
imprisonment for a term which shall not be less than seven years, but which may extend to
ten years, and shall also be liable to fine.

(3) Where the offence involves the trafficking of more than one person, it shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years but
which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a child, it shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years, but which may
extend to imprisonment for life, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than one child, it shall be
punishable with rigorous imprisonment for a term which shall not be less than fourteen
years, but which may extend to imprisonment for life, and shall also be liable to fine.

(6) If a person is convicted of the offence of trafficking of a child on more than one
occasion, then such person shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

(7) When a public servant or a police officer is involved in the trafficking of any person
then, such public servant or police officer shall be punished with imprisonment for life, which
shall mean imprisonment for the remainder of that person’s natural life, and shall also be
liable to fine.

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.

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(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.

a Court, is a stage of a judicial proceeding, though that investigation may not take place
before a Court.

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 stage of a judicial proceeding, A has given false evidence.

be a theft.
person, and takes such property for the purpose of protecting it for, or of restoring it to, the
owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he
is guilty of the offence above defined, if he appropriates it to his own use, when he knows or
has the means of discovering the owner, or before he has used reasonable means to discover
and give notice to the owner and has kept the property 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, at the time of appropriating it, he
does not believe it to be his own property, 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

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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
offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of
restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence
under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers
that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this
section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately
without attempting to discover the owner. A is guilty of an offence under this section.
contribution from the wages payable to the employee for credit to the Employees’ State
Insurance Fund held and administered by the Employees’ State Insurance Corporation
established under the Employees’ State Insurance Act, 1948 shall be deemed to have been 34 of 1948.
entrusted with the amount of the contribution so deducted by him and if he makes default in
the payment of such contribution to the said Fund in violation of the said Act, shall be
deemed to have dishonestly used the amount of the said contribution in violation of a
direction of law as aforesaid.
Illustrations.
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law
which directs him to divide the effects according to the will, and appropriates them to his
own use. A has committed criminal breach of trust.

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(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a
contract that it shall be returned on payment of a stipulated sum for warehouse room. A
dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied
contract between A and Z, that all sums remitted by Z to A shall be invested by A, according
to Z’s direction. Z remits one lakh of rupees to A, with directions to A to invest the same in
Company’s paper. A dishonestly disobeys the directions and employs the money in his own
business. A has committed criminal breach of trust.
(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be
more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and
buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here,
though Z should suffer loss, and should be entitled to bring a civil action against A, on
account of that loss, yet A, not having acted dishonestly, has not committed criminal
breach of trust.
(e) A, a revenue-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 property to be carried by land or by water. A
dishonestly misappropriates the property. A has committed criminal breach of trust.
(2) Whoever commits criminal breach of trust shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both.
(3) Whoever, being entrusted with property as a carrier, wharfinger or
warehouse-keeper, commits criminal breach of trust in respect of such property, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in
any manner entrusted in such capacity with property, or with any dominion over property,
commits criminal breach of trust in respect of that property, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine.
(5) Whoever, being in any manner entrusted with property, or with any dominion over
property in his capacity of a public servant or in the way of his business as a banker,
merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that
property, shall 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.
Of receiving stolen property
to the person who commits the act, or to that person and others jointly.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful
loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to
melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby
causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a
debt due from him to Z, destroys those effects, with the intention of thereby preventing Z
from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed
mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the
intention of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has
lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to
cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and
knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property
including the property of Government or Local Authority shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of
twenty thousand rupees and more but less than one lakh rupees shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of
one lakh rupees or upwards, shall be punished with imprisonment of either description for a
term which may extend to five years, or with fine, or with both.

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(6) 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 wrongful restraint, shall
be punished with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.
intending it to be believed that the document was made by a real person, or in the name of a
deceased person, intending it to be believed that the document was made by the person in
his lifetime, may amount to forgery.
Illustration.
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in
the name of such fictitious person with intent to negotiate it. A commits forgery.
company or an association or collection of persons as such.
respecting the conduct of a public servant in the discharge of his public functions, or
respecting his character, so far as his character appears in that conduct, and no further.
b, postalCode=110002, street=Minto Road New Delhi,

Mohan
pseudonym=5c90ab0ba7a48905de2428b65504151c,
serialNumber=0a5dc5b84f902a7bf2d6ed41c0c26429a0d4d5848dd23eb18886aba
eea31b247, ou=Deputy Manager, o=Government of India Press, cn=Kshitiz Mohan
Date: 2023.12.25 21:11:37 +05’30’