Section 4: The punishments to which offenders are liable under the provisions of this Sanhita
are—
(a) Death;
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community Service.
an abetment is also an offence.
Illustration.
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and
C commits that offence in consequence of B’s instigation. B is liable to be punished for his
offence with the punishment for murder; and, as A instigated B to commit the offence, A is
also liable to the same punishment.
shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to
in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s
having taken undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or
commits the first assault.
move that animal, and to move everything which, in consequence of the motion so caused,
is moved by that animal.
imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual
character of that person, or lowers the character of that person in respect of his caste or of his
calling, or lowers the credit of that person, or causes it to be believed that the body of that
person is in a loathsome state, or in a state generally considered as disgraceful.
Illustrations.
(a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to
be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the
exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed
that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
100 THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
_____________________________________________________________
____________
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that
Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
proceedings of a Court, or of the result of any such proceedings.
Explanation.—A Magistrate or other officer holding an inquiry in open Court
preliminary to a trial in a Court, is a Court within the meaning of the above section.