118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.—
(1) Whoever,
except in the case provided for by sub-section
(1) of section 122, voluntarily causes hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is
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likely to cause death, or by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any
animal, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section
(2) of section 122, voluntarily causes
grievous hurt by any means referred to in sub-section
(1), shall be punished with imprisonment for life, or
with imprisonment of either description for a term which shall not be less than one year but which may
extend to ten years, and shall also be liable to fine.
119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal
act.—
(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any
person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything which is illegal or which may facilitate the commission
of an offence, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section
(1), shall be
punished with imprisonment for life, or imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of
property.—
(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from
any person interested in the sufferer, any confession or any information which may lead to the detection
of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim
or demand, or to give information which may lead to the restoration of any property or valuable security,
shall be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
Illustrations.
(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is
guilty of an offence under this section.
(b) A, a police officer, tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence under this section.
(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from
Z. A is guilty of an offence under this section.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section
(1), shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.—
(1)
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging
his duty as such public servant or in consequence of anything done or attempted to be done by that person
in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of
his duty as such public servant, or with intent to prevent or deter that person or any other public servant
from discharging his duty as such public servant or in consequence of anything done or attempted to be
done by that person in the lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which shall not be less than one year but which may extend
to ten years, and shall also be liable to fine.
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122. Voluntarily causing hurt or grievous hurt on provocation.—
(1) Whoever voluntarily causes
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt
to any person other than the person who gave the provocation, 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
thousand rupees, or with both.
(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends
nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine which may extend to ten thousand rupees, or with both.
Explanation.—This section is subject to the same proviso as Exception 1 of section 101.
123. Causing hurt by means of poison, etc., with intent to commit an offence.—Whoever
administers to or causes to be taken by any person any poison or any stupefying, intoxicating or
unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
124. Voluntarily causing grievous hurt by use of acid, etc.—
(1) Whoever causes permanent or
partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body
of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by
using any other means with the intention of causing or with the knowledge that he is likely to cause such
injury or hurt or causes a person to be in a permanent vegetative state shall be punished with
imprisonment of either description for a term which shall not be less than ten years but which may extend
to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of
the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any
person, or attempts to use any other means, with the intention of causing permanent or partial damage or
deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be
punished with imprisonment of either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or
corrosive character or burning nature, that is capable of causing bodily injury leading to scars or
disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or
permanent vegetative state shall not be required to be irreversible.
125. Act endangering life or personal safety of others.—Whoever does any act so rashly or
negligently as to endanger human life or the personal safety of others, 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 thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five thousand rupees, or with
both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine which may extend to ten thousand rupees, or with
both.
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Of wrongful restraint and wrongful confinement
126. Wrongful restraint.—
(1) Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.
Exception.—The obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration.
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right
to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term
which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
127. Wrongful confinement.—
(1) Whoever wrongfully restrains any person in such a manner as to
prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person.
Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in
any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z
attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any person shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to five thousand
rupees, or with both.
(3) Whoever wrongfully confines any person for three days, or more, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine which may
extend to ten thousand rupees, or with both.
(4) Whoever wrongfully confines any person for ten days or more, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that
person has been duly issued, shall be punished with imprisonment of either description for a term which
may extend to two years in addition to any term of imprisonment to which he may be liable under any
other section of this Chapter and shall also be liable to fine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the
confinement of such person may not be known to any person interested in the person so confined, or to
any public servant, or that the place of such confinement may not be known to or discovered by any such
person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either
description for a term which may extend to three years in addition to any other punishment to which he
may be liable for such wrongful confinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined,
or from any person interested in the person confined, any property or valuable security or of constraining
the person confined or any person interested in such person to do anything illegal or to give any
information which may facilitate the commission of an offence, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or
any person interested in the person confined any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the person confined or any
person interested in the person confined to restore or to cause the restoration of any property or valuable
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security or to satisfy any claim or demand, or to give information which may lead to the restoration of
any property or valuable security, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
Of criminal force and assault
128. Force.—A person is said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance into contact with any part of that other’s body, or with
anything which that other is wearing or carrying, or with anything so situated that such contact affects
that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, or cessation of motion, causes that
motion, change of motion, or cessation of motion in one of the following three ways, namely:—
(a) by his own bodily power;
(b) by disposing any substance in such a manner that the motion or change or cessation of motion
takes place without any further act on his part, or on the part of any other person;
(c) by inducing any animal to move, to change its motion, or to cease to move.
129. Criminal force.—Whoever intentionally uses force to any person, without that person’s
consent, in order to the committing of any offence, or intending by the use of such force to cause, or
knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person
to whom the force is used, is said to use criminal force to that other.
Illustrations.
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes
the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing
substances in such a manner that the motion is produced without any other action on any person’s part. A
has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the
committing of any offence, or intending or knowing it to be likely that this use of force will cause injury,
fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here
A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used
force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may
thereby injure, frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A
has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used
force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an
offence. A has used criminal force to Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his
own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he
has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten
or annoy Z, he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into
contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up
the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the
effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if
he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force
to Z.
(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so
without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her,
he has used criminal force to her.
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(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by
his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or
with other water so situated that such contact must affect Z’s sense of feeling; A has therefore
intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be
likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or
annoyance to Z, he uses criminal force to Z.
130. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely
that such gesture or preparation will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation.—Mere words do not amount to an assault. But the words which a person uses may give
to his gestures or preparation such a meaning as may make those gestures or preparations amount to an
assault.
Illustrations.
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe
that A is about to strike Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may
thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon
Z.
(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A
could in no case amount to an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the words may amount to an
assault.
131. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever
assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with both.
Explanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under
this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in
the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done in the lawful exercise of the right of private
defence.
Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.
132. Assault or criminal force to deter public servant from discharge of his duty.—Whoever
assaults or uses criminal force to any person being a public servant in the execution of his duty as such
public servant, or with intent to prevent or deter that person from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by such person in the lawful
discharge of his duty as 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.
133. Assault or criminal force with intent to dishonour person, otherwise than on grave
provocation.—Whoever assaults or uses criminal force to any person, intending thereby to dishonour
that person, otherwise than on grave and sudden provocation given by that person, 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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134. Assault or criminal force in attempt to commit theft of property carried by a person.—
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
135. Assault or criminal force in attempt to wrongfully confine a person.—Whoever assaults or
uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine which may
extend to five thousand rupees, or with both.
136. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to
any person on grave and sudden provocation given by that person, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to one thousand
rupees, or with both.
Explanation.—This section is subject to the same Explanation as section 131.
Of kidnapping, abduction, slavery and forced labour
137. Kidnapping.—
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from
lawful guardianship—
(a) whoever conveys any person beyond the limits of India without the consent of that person, or
of some person legally authorised to consent on behalf of that person, is said to kidnap that person
from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the
lawful guardian of such child or person of unsound mind, without the consent of such guardian, is
said to kidnap such child or person from lawful guardianship.
Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted
with the care or custody of such child or other person.
Exception.—This clause does not extend to the act of any person who in good faith believes
himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to
the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
138. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
139. Kidnapping or maiming a child for purposes of begging.—
(1) Whoever kidnaps any child or,
not being the lawful guardian of such child, obtains the custody of the child, in order that such child may
be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also
be liable to fine.
(2) Whoever maims any child in order that such child may be employed or used for the purposes of
begging shall be punishable with imprisonment which shall not be less than twenty years, but which may
extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with
fine.
(3) Where any person, not being the lawful guardian of a child employs or uses such child for the
purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise
obtained the custody of such child in order that such child might be employed or used for the purposes of
begging.
(4) In this section “begging” means—
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(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing,
fortune telling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving alms;
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound,
injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.
140. Kidnapping or abducting in order to murder or for ransom, etc.—
(1) Whoever kidnaps or
abducts any person in order that such person may be murdered or may be so disposed of as to be put in
danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A
has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has
committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or
abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable
apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order
to compel the Government or any foreign State or international inter-governmental organisation or any
other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or
imprisonment for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and
wrongfully confined, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so
disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust
of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
141. Importation of girl or boy from foreign country.—Whoever imports into India from any
country outside India any girl under the age of twenty-one years or any boy under the age of eighteen
years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or
seduced to illicit intercourse with another person, shall be punishable with imprisonment which may
extend to ten years and shall also be liable to fine.
142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or
confines such person, shall be punished in the same manner as if he had kidnapped or abducted such
person with the same intention or knowledge, or for the same purpose as that with or for which he
conceals or detains such person in confinement.
143. Trafficking of person.—
(1) Whoever, for the purpose of exploitation recruits, transports,
harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
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(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve
the consent of any person having control over the person recruited, transported, harboured,
transferred or received,
commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or
any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced
removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of
trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a
term which shall not be less than seven years, but which may extend to ten years, and shall also be liable
to fine.
(3) Where the offence involves the trafficking
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