Section 3: (1) Throughout this Sanhita every definition of an offence, every penal provision,

explanations. and every Illustration of every such definition or penal provision, shall be understood
subject to the exceptions 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 Sanhita, 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”.

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(2) Every expression which is explained in any Part of this Sanhita, is used in every Part
of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk or servant, on
account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation.—A person employed temporarily or on a particular occasion in the capacity
of a clerk or servant, is a clerk or servant within the meaning of this sub-section.
(4) In every Part of this Sanhita, except where a contrary intention appears from the
context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as if it were done
by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons who joins in the
act with such knowledge or intention is liable for the act in the same manner as if the act were
done by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an
act or by an omission, is an offence, it is to be understood that the causing of that effect
partly by an act and partly by an omission is the same offence.

Illustration.
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly
by beating Z. A has committed murder.
(8) When an offence is committed by means of several acts, whoever intentionally
cooperates in the commission of that offence by doing any one of those acts, either singly or
jointly with any other person, commits that offence.

Illustrations.
(a) A and B agree to murder Z by severally and at different times giving him small doses
of poison. A and B administer the poison according to the agreement with intent to murder Z.
Z dies from the effects the several doses of poison so administered to him. Here A and B
intentionally cooperate in the commission of murder and as each of them does an act by
which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively
for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing
that effect by illegally omitting, each during the time of his attendance, to furnish Z with food
supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder
of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally
omits to supply Z with food; in consequence of which Z is much reduced in strength, but the
starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds
him. B, without collusion or cooperation with A, illegally omits to supply Z with food,
knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,
but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.
(9) Where several persons are engaged or concerned in the commission of a criminal
act, they may be guilty of different offences by means of that act.
Illustration.
A attacks Z under such circumstances of grave provocation that his killing of Z would
be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending

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to kill him, and not having been subject to the provocation, assists A in killing Z. Here,
though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty
only of culpable homicide.
CHAPTER II
OF PUNISHMENTS
of committing an offence, or that he should have the same guilty intention or knowledge as
that of the abettor, or any guilty intention or knowledge.

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Illustrations.
(a) A, with a guilty intention, abets a child or a person of unsound mind to commit an
act which would be an offence, if committed by a person capable by law of committing an
offence, and having the same intention as A. Here A, whether the act be committed or not, is
guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age,
to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the
absence of A and thereby causes Z’s death. Here, though B was not capable by law of
committing an offence, A is liable to be punished in the same manner as if B had been capable
by law of committing an offence, and had committed murder, and he is therefore subject to
the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness
of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong
or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed
no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is
liable to the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging
to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the
property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under
this misconception, does not take dishonestly, and therefore does not commit theft. But A is
guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
custody or a women’s or children’s institution, includes a person holding any other office in
such jail, remand home, place or institution by virtue of which such person can exercise any
authority or control over its inmates.

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homicide. But it may amount to culpable homicide to cause the death of a living child, if any
part of that child has been brought forth, though the child may not have breathed or been
completely born.
or aiding a public servant acting for the advancement of public justice, exceeds the powers
given to him by law, and causes death by doing an act which he, in good faith, believes to be
lawful and necessary for the due discharge of his duty as such public servant and without
ill-will towards the person whose death is caused.
conducted under the authority of 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 an officer deputed by a Court 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.

which prevented it from moving or by separating it from any other thing, as well as by
actually moving it.
signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2
of the Information Technology Act, 2000. 21 of 2000.

may amount to defamation.
respecting the conduct of any person touching any public question, and respecting his
character, so far as his character appears in that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith any opinion whatever respecting Z’s
conduct in petitioning Government on a public question, in signing a requisition for a meeting
on a public question, in presiding or attending at such meeting, in forming or joining any
society which invites the public support, in voting or canvassing for a particular candidate
for any situation in the efficient discharge of the duties of which the public is interested.