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106
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Right of private defense against deadly assault when there is risk of harm to innocent person
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Content: 106. Right of private defense against deadly assault when there is risk of harm to innocent person If in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk. Illustration A. is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defense without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. --------------------------------------------------------------------------------
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107
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Abetment of a thing
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Content: 107. Abetment of a thing A person abets the doing of a thing, who - First- Instigates any person to do that thing; or Secondly- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1- A person who by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act. --------------------------------------------------------------------------------
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108
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Abettor
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Content: 108. Abettor A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1- The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2- To constitute the offence of abetment it is not necessary that the 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. Explanation 3- lt. is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or intention or knowledge as that of the abettor, or any guilty intention or knowledge. Illustrations (a) A, with a guilty intention, abets a child or a lunatic 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 the unsoundness of his 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 As 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. Explanation 4- The abetment of an offence being an offence, the abetment of such an abetment is also as 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. Explanation 5- lt. is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. --------------------------------------------------------------------------------
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108
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Abetment in
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Content: 52 [108A. Abetment in India of offences outside India A person abets an offence within the meaning of this Code who, in 49 [India], abets the commission of any act without and beyond 49 [India] which would constitute an offence if committed in 49 [India]. Illustration A, in 49 [India], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.] --------------------------------------------------------------------------------
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109
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Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
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Content: 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favor in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z B, in pursuance of the conspiracy, administers the poison to Z in A 's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. --------------------------------------------------------------------------------
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110
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Punishment of abetment if person abetted does act with different intention from that of abettor
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Content: 110. Punishment of abetment if person abetted does act with different intention from that of abettor Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. --------------------------------------------------------------------------------
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111
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Liability of abettor when one act abetted and different act done
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Content: 111. Liability of abettor when one act abetted and different act done When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Proviso- Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A 's instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Zs house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning (C) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. --------------------------------------------------------------------------------
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112
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Abettor when liable to cumulative punishment for act abetted and for act done
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Content: 112. Abettor when liable to cumulative punishment for act abetted and for act done If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. in offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences. --------------------------------------------------------------------------------
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113
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Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
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Content: 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, caused a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. --------------------------------------------------------------------------------
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114
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Abettor present when offence is committed
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Content: 114. Abettor present when offence is committed Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. --------------------------------------------------------------------------------
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115
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Abetment of offence punishable with death or imprisonment for life-if offence not committed
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Content: 115. Abetment of offence punishable with death or imprisonment for life-if offence not committed Whoever abets the commission of an offence punishable with death or 51 [imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If act causing harm be done in consequence- and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or 51 [imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. --------------------------------------------------------------------------------
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116
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Abetment of offence punishable with imprisonment-if offence be not committed
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Content: 116. Abetment of offence punishable with imprisonment-if offence be not committed Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; If abettor or person abetted be a public servant whose duty it is to prevent offence- and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favor in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine. --------------------------------------------------------------------------------
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117
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Abetting commission of offence by the public or by more than ten persons
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Content: 117. Abetting commission of offence by the public or by more than ten persons Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. --------------------------------------------------------------------------------
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118
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Concealing design to commit offence punishable with death or imprisonment for life
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Content: 118. Concealing design to commit offence punishable with death or imprisonment for life Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 51 [imprisonment for life]; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, If offence be committed-if offence be not committed- shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine. Illustration A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. --------------------------------------------------------------------------------
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119
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Public servant concealing design to commit offence which it is his duty to prevent
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Content: 119. Public servant concealing design to commit offence which it is his duty to prevent Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design; If offence be committed- shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; If offence be punishable with death, etc- or, if the offence be punishable with death or 51 [imprisonment for life], with imprisonment of either description for a term which may extend to ten years; If offence be not committed- or if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section. --------------------------------------------------------------------------------
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120
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Concealing design to commit offence punishable with imprisonment
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Content: 120. Concealing design to commit offence punishable with imprisonment Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, If offence be committed-if offence be not committed- shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. --------------------------------------------------------------------------------
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120
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Definition of criminal conspiracy
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Content: 120A. Definition of criminal conspiracy When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.] --------------------------------------------------------------------------------
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120
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Punishment of criminal conspiracy
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Content: 32 [120B. Punishment of criminal conspiracy (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 51 [imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] --------------------------------------------------------------------------------
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121
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Waging, or attempting to wage war, or abetting waging of war, against the Government of India
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Content: 121. "Waging, or attempting to wage war, or abetting waging of war, against the Government of India Whoever, wages war against the 53 [Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 51 [imprisonment for life] 54 [and shall also be liable to fine]. 11 [Illustration] 12 [***] A joins an insurrection against the 53 [Government of India]. A has committed the offence defined in this section. 55 [***] --------------------------------------------------------------------------------
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121
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Conspiracy to commit offences punishable by section 121
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Content: 56 [121A. Conspiracy to commit offences punishable by section 121 Whoever within or without 49 [India] conspires to commit any of the offences punishable by section 121, 57 [***]or conspires to overawe, by means of criminal force or the show of criminal force, 58 [the Central Government or any 59 [State] Government 60 [***], shall be punished with 61 [imprisonment for life], or with imprisonment of either description which may extend to ten years, 62 [and shall also be liable to fine]. Explanation- To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall make place in pursuance thereof.] --------------------------------------------------------------------------------
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122
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Collecting arms, etc., with intention of waging war against the Government of India
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Content: 122. Collecting arms, etc., with intention of waging war against the Government of India Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the 53 [Government of India], shall be punished with 61 [imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 62 [and shall also be liable to fine]. --------------------------------------------------------------------------------
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123
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Concealing with intent to facilitate design to wage war
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Content: 123. Concealing with intent to facilitate design to wage war Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 53 [Government of India], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. --------------------------------------------------------------------------------
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124
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Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
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Content: 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power Whoever, with the intention of including or compelling the 63 [President] of India, or the 64 [Governor 65 [***]] of any 66 [State], 67 [***] 68 [***] 69 [***] to exercise or refrain from exercising in any manner any of the lawful powers of such 70 [President] or 64 [Governor 65 [***]] assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such 70 [President or 64 [Governor 65 [***]] shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. --------------------------------------------------------------------------------
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124
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Sedition
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Content: 71 [124A. Sedition Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 72 [***] the Government established by law in 2 [India], 73 [***] shall be punished with 61 [imprisonment for life],to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1- The expression "disaffection" includes disloyalty and all feelings of enmity. Explanation 2- Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. --------------------------------------------------------------------------------
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125
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Waging war against any Asiatic Power in alliance with the Government of India
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Content: 125. Waging war against any Asiatic Power in alliance with the Government of India Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the 53 [Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with 51 [imprisonment for life], to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. --------------------------------------------------------------------------------
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126
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Committing depredation on territories of Power at peace with the Government of India
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Content: 126. Committing depredation on territories of Power at peace with the Government of India Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the 53 [Government of India], 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 to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. --------------------------------------------------------------------------------
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127
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Receiving property taken by war on depredation mentioned in sections 125 and 126
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Content: 127. Receiving property taken by war on depredation mentioned in sections 125 and 126- Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, 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 to forfeiture of the property so received. --------------------------------------------------------------------------------
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128
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Public servant voluntarily allowing prisoner of State or war to escape
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Content: 128. Public servant voluntarily allowing prisoner of State or war to escape Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 51 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. --------------------------------------------------------------------------------
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129
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Public servant negligently suffering such prisoner to escape
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Content: 129. Public servant negligently suffering such prisoner to escape Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine. --------------------------------------------------------------------------------
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130
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Aiding escape of, rescuing or harboring such prisoner
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Content: 130. Aiding escape of, rescuing or harboring such prisoner Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbors or conceals any such prisoner. who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with 51 [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. Explanation- A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2 [India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. --------------------------------------------------------------------------------
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131
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Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
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Content: 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty Whoever abets the committing of mutiny by an officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India] or attempts to seduce any such officer, soldier, 75 [sailor or airman] from his allegiance or his duty, shall be punished with 51 [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. 56 [Explanation- In this section the words "officer", 77 ["soldier", 78 ["sailor"] and "airman"] include any person subject to the 79 [Army Act, 80 [the Army Act, 1950 (46 of 1950, 78 [the Naval Discipline Act, 81 [***] the 82 [Indian Navy (Discipline) Act, 1934 (34 of 1934)] 83 [the Air Force Act or 84 [the Air Force Act,' 1950 (45 of 1950)], as the case may be]]. --------------------------------------------------------------------------------
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132
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Abetment of mutiny, if mutiny is committed in consequence thereof
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Content: 132. Abetment of mutiny, if mutiny is committed in consequence thereof Whoever abets the committing of mutiny by an officer, soldier, 75 [sailor or airman] in the Army, 76 [Navy or Air Force] of the 53 [Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. --------------------------------------------------------------------------------
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133
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Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
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Content: 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office Whoever abets an assault by an officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. --------------------------------------------------------------------------------
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134
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Abetment of such assault, if the assault is committed
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Content: 134. Abetment of such assault, if the assault is committed Whoever abets an assault by an officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. --------------------------------------------------------------------------------
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135
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Abetment of desertion of soldier, sailor or airman
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Content: 135. Abetment of desertion of soldier, sailor or airman Whoever abets the desertion of any officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India], 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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136
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Harboring deserter
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Content: 136. Harboring deserter Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India], has deserted, harbors such officer, soldier, 75 [sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Exception- This provision does not extend to the case in which the harbor is given by a wife to her husband. --------------------------------------------------------------------------------
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137
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Deserter concealed on board merchant vessel through negligence of master
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Content: 137. Deserter concealed on board merchant vessel through negligence of master The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 76 [Navy or Air Force] of the 53 [Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. --------------------------------------------------------------------------------
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138
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Abetment of act of insubordination by soldier, sailor or airman
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Content: 138. Abetment of act of insubordination by soldier, sailor or airman Whoever abets what he knows to be an act of insubordination by an officer, soldier, 75 [sailor or airman], in the Army, 76 [Navy or Air Force] of the 53 [Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. --------------------------------------------------------------------------------
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139
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Persons subject to certain Acts
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Content: 139. Persons subject to certain Acts No person subject to 85 [the Army Act, 80 [the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 78 [ 86 [* * *] 82 [the Indian Navy (Discipline) Act, 1934 (34 of 19')4)], 83 [the Air Force Act 84 [the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter. --------------------------------------------------------------------------------
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140
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Wearing garb or carrying token used by soldier, sailor or airman
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Content: 140. Wearing garb or carrying token used by soldier, sailor or airman Whoever, not being a soldier, 75 [sailor or airman], in the Military, 76 [Naval or Air] service of the 53 [Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 75 [sailor or airman] with the intention that it may be believed that he is such a soldier, 75 [sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. --------------------------------------------------------------------------------
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141
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Unlawful assembly
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Content: 141.Unlawful assembly An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is- First- To overawe by criminal force, or show of criminal force, 87 [the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second- To resist the execution of any law, or of any legal process; or Third- To commit any mischief or criminal trespass, or other offence; or Fourth- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what lie is legally entitled to do. Explanation- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. --------------------------------------------------------------------------------
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142
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Being member of unlawful assembly
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Content: 142. Being member of unlawful assembly Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. --------------------------------------------------------------------------------
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143
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Punishment
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Content: 143. Punishment Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. --------------------------------------------------------------------------------
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144
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Joining unlawful assembly armed with deadly weapon
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Content: 144. Joining unlawful assembly armed with deadly weapon Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, 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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145
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Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
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Content: 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, 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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146
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Rioting
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Content: 146. Rioting Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. --------------------------------------------------------------------------------
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147
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Punishment for rioting
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Content: 147. Punishment for rioting Whoever is guilty of rioting, 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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148
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Rioting, armed with deadly weapon
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Content: 148. Rioting, armed with deadly weapon Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. --------------------------------------------------------------------------------
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149
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Every member of unlawful assembly guilty of offence committed in prosecution of common object
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Content: 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. --------------------------------------------------------------------------------
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150
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Hiring, or conniving at hiring, of persons to join unlawful assembly
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Content: 150. Hiring, or conniving at hiring, of persons to join unlawful assembly Whoever hires or engages or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. --------------------------------------------------------------------------------
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151
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Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
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Content: 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Explanation- If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. --------------------------------------------------------------------------------
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152
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Assaulting or obstructing public servant when suppressing riot, etc.
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Content: 152. Assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavoring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. --------------------------------------------------------------------------------
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153
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Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed
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Content: 153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. --------------------------------------------------------------------------------
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153
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Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
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Content: 88 [153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (1) Whoever- (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 89 [or] 89 [(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc- (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] --------------------------------------------------------------------------------
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153
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Imputations, assertions prejudicial to national-integration
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Content: 89 [153B. Imputations, assertions prejudicial to national-integration (1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,- (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India, or (c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall be liable to fine.] --------------------------------------------------------------------------------
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154
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Owner or occupier of land on which an unlawful assembly is held
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Content: 154. Owner or occupier of land on which an unlawful assembly is held Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it, and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. --------------------------------------------------------------------------------
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155
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Liability of person for whose benefit riot is committed
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Content: 155. Liability of person for whose benefit riot is committed Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. --------------------------------------------------------------------------------
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156
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Liability of agent of owner or occupier for whose benefit riot is committed
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Content: 156. Liability of agent of owner or occupier for whose benefit riot is committed Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. --------------------------------------------------------------------------------
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157
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Harboring persons hired for an unlawful assembly
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Content: 157. Harboring persons hired for an unlawful assembly Whoever harbors, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. --------------------------------------------------------------------------------
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158
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Being hired to take part in an unlawful assembly or riot
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Content: 158. Being hired to take part in an unlawful assembly or riot Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed- and whoever, being so engaged or hired as aforesaid, goes armed or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. --------------------------------------------------------------------------------
|
159
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Affray
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Content: 159. Affray When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray". --------------------------------------------------------------------------------
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160
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Punishment for committing affray
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Content: 160. Punishment for committing affray Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both. --------------------------------------------------------------------------------
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166
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Public servant disobeying law, with intent to cause injury to any person
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Content: 166. Public servant disobeying law, with intent to cause injury to any person 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 to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favor by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. --------------------------------------------------------------------------------
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167
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Public servant framing an incorrect document with intent to cause injury
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Content: 167. Public servant framing an incorrect document with intent to cause injury Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. --------------------------------------------------------------------------------
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168
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Public servant unlawfully engaging in trade
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Content: 168. Public servant unlawfully engaging in trade Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. --------------------------------------------------------------------------------
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169
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Public servant unlawfully buying or bidding for property
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Content: 169. Public servant unlawfully buying or bidding for property Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. --------------------------------------------------------------------------------
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170
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Personating a public servant
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Content: 170. Personating a public servant Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, 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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171
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Wearing garb or carrying token used by public servant with fraudulent intent
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Content: 171. Wearing garb or carrying token used by public servant with fraudulent intent Whoever, not belonging, to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. --------------------------------------------------------------------------------
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171
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Candidate, Electoral right defined
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Content: 171A. "Candidate", "Electoral right" defined For the purposes of this Chapter- 91 [(a)"candidate" means a person who has been nominated as a candidate at any election;] (b) "electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election. --------------------------------------------------------------------------------
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171
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Bribery
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Content: 171B. Bribery (1) Whoever- (i) gives a gratification to any person with the object of inducing. him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. --------------------------------------------------------------------------------
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171
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Undue influence at elections
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Content: 171C. Undue influence at elections (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever- (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. --------------------------------------------------------------------------------
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171
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Personation at elections
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Content: 171D. Personation at elections Whoever at an election applied for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election. --------------------------------------------------------------------------------
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171
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Punishment for bribery
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Content: 171E. Punishment for bribery Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation- "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision. --------------------------------------------------------------------------------
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171
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Punishment for undue influence or personation at an election
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Content: 171F. Punishment for undue influence or personation at an election Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. --------------------------------------------------------------------------------
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171
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False statement in connection with an election
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Content: 171G. False statement in connection with an election Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. --------------------------------------------------------------------------------
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171
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Illegal payments in connection with an election
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Content: 171H. Illegal payments in connection with an election Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. --------------------------------------------------------------------------------
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171
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Failure to keep election accounts
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Content: 171I. Failure to keep election accounts Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.] --------------------------------------------------------------------------------
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172
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Absconding to avoid service of summons or other proceeding
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Content: 172. Absconding to avoid service of summons or other proceeding Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, 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. --------------------------------------------------------------------------------
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173
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Preventing service of summons or other proceeding, or preventing publication thereof
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Content: 173. Preventing service of summons or other proceeding, or preventing publication thereof Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place or any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, 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. --------------------------------------------------------------------------------
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174
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Non-attendance in obedience to an order from public servant
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Content: 174. Non-attendance in obedience to an order from public servant Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, 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. Illustrations (a) A, being legally bound to appear before the 92 [High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a 93 [District Judge], as a witness, in obedience to a summons issued by that 93 [District Judge] intentionally omits to appear. A has committed the offence defined in this section. --------------------------------------------------------------------------------
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175
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Omission to produce document to public servant by person legally bound to produce it
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Content: 175. Omission to produce document to public servant by person legally bound to produce it Whoever, being legally bound to produce or deliver up any document of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the document is to be produced or delivered up to a Court of Justice, 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. Illustration A, being legally bound to produce a document before a 94 [District Court], intentionally omits to produce the same. A has committed the offence defined in this section. --------------------------------------------------------------------------------
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176
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Omission to give notice or information to public servant by person legally bound to give it
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Content: 176. Omission to give notice or information to public servant by person legally bound to give it Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by .law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, 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, 95 [or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] --------------------------------------------------------------------------------
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177
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Furnishing false information
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Content: 177. Furnishing false information Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, 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; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighboring place, and being bound under clause, 5, section VII, 96 [Regulation Ill, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, willfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section. 97 [ Explanation- in section 176 and in this section the word "offence" includes any act committed at any place out of 98 [India], which, if committed in 98 [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 the word "offender" includes any person who is alleged to have been guilty of any such act.] --------------------------------------------------------------------------------
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178
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Refusing oath or affirmation when duly required by public servant to make it
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Content: 178. Refusing oath or affirmation when duly required by public servant to make it Whoever refuses to bind himself by an oath 99 [or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, 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. --------------------------------------------------------------------------------
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179
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Refusing to answer public servant authorized to question
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Content: 179.Refusing to answer public servant authorized to question Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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. --------------------------------------------------------------------------------
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180
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Refusing to sign statement
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Content: 180. Refusing to sign statement Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. --------------------------------------------------------------------------------
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181
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False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
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Content: 181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation Whoever, being legally bound by an oath 1 [or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 1 [or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. --------------------------------------------------------------------------------
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182
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False information, with intent to cause public servant to use his lawful power to the injury of another person
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Content: 100 [182. False information, with intent to cause public servant to use his lawful power to the injury of another person Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant- (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Illustrations (a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighborhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.] --------------------------------------------------------------------------------
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183
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Resistance to the taking of property by the lawful authority of a public servant
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Content: 183. Resistance to the taking of property by the lawful authority of a public servant Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. --------------------------------------------------------------------------------
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184
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Obstructing sale of property offered for sale by authority of public servant
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Content: 184. Obstructing sale of property offered for sale by authority of public servant Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. --------------------------------------------------------------------------------
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185
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Illegal purchase or bid for property offered for sale by authority of public servant
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Content: 185. Illegal purchase or bid for property offered for sale by authority of public servant Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. --------------------------------------------------------------------------------
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186
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Obstructing public servant in discharge of public functions
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Content: 186. Obstructing public servant in discharge of public functions Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. --------------------------------------------------------------------------------
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187
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Omission to assist public servant when bound by law to give assistance
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Content: 187. Omission to assist public servant when bound by law to give assistance Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a not, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. --------------------------------------------------------------------------------
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188
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Disobedience to order duly promulgated by public servant
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Content: 188. Disobedience to order duly promulgated by public servant Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a not or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, direction that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of not. A has committed the offence defined in this section. --------------------------------------------------------------------------------
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189
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Threat of injury to public servant
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Content: 189. Threat of injury to public servant Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, 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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190
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Threat of injury to induce person to refrain from applying for protection to public servant
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Content: 190. Threat of injury to induce person to refrain from applying for protection to public servant Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. --------------------------------------------------------------------------------
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191
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Giving false evidence
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Content: 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. --------------------------------------------------------------------------------
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192
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Fabricating false evidence
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Content: 192. Fabricating false evidence Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document 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. --------------------------------------------------------------------------------
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193
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Punishment for false evidence
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Content: 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. --------------------------------------------------------------------------------
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194
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Giving or fabricating false evidence with intent to procure conviction of capital offence
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Content: 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. --------------------------------------------------------------------------------
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