342. Counterfeiting device or mark used for authenticating documents described in section 338,
or possessing counterfeit marked material.—
(1) Whoever counterfeits upon, or in the substance of,
any material, any device or mark used for the purpose of authenticating any document described in
section 338, intending that such device or mark shall be used for the purpose of giving the appearance of
authenticity to any document then forged or thereafter to be forged on such material, or who, with such
intent, has in his possession any material upon or in the substance of which any such device or mark has
been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the
purpose of authenticating any document or electronic record other than the documents described in
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section 338, intending that such device or mark shall be used for the purpose of giving the appearance of
authenticity to any document then forged or thereafter to be forged on such material, or who with such
intent, has in his possession any material upon or in the substance of which any such device or mark has
been counterfeited, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or
to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or
attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any
valuable security, or commits mischief in respect of such document, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
344. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in
the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates
or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is
in the possession of his employer, or has been received by him for or on behalf of his employer, or
wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or
abets the omission or alteration of any material particular from or in, any such book, electronic record,
paper, writing, valuable security or account, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine, or with both.
Explanation.—It shall be sufficient in any charge under this section to allege a general intent to
defraud without naming any particular person intended to be defrauded or specifying any particular sum
of money intended to be the subject of the fraud, or any particular day on which the offence was
committed.
Of property marks
345. Property mark.—
(1) A mark used for denoting that movable property belongs to a particular
person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle
containing movable property or goods, or uses any case, package or other receptacle having any mark
thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so
marked, or any property or goods contained in any such receptacle so marked, belong to a person to
whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to
defraud, be punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
346. Tampering with property mark with intent to cause injury.—Whoever removes, destroys,
defaces or adds to any property mark, intending 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 one year, or with fine, or with both.
347. Counterfeiting a property mark.—
(1) Whoever counterfeits any property mark used by any
other person shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public
servant to denote that any property has been manufactured by a particular person or at a particular time or
place, or that the property is of a particular quality or has passed through a particular office, or that it is
entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, 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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348. Making or possession of any instrument for counterfeiting a property mark.—Whoever
makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a
property mark, or has in his possession a property mark for the purpose of denoting that any goods belong
to a person to whom they do not belong, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
349. Selling goods marked with a counterfeit property mark.—Whoever sells, or exposes, or has
in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon
the same or to or upon any case, package or other receptacle in which such goods are contained, shall,
unless he proves—
(a) that, having taken all reasonable precautions against committing an offence against this section,
he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the
mark; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power
with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one year, or with
fine, or with both.
350. Making a false mark upon any receptacle containing goods.—
(1) Whoever makes any false
mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to
cause any public servant or any other person to believe that such receptacle contains goods which it does
not contain or that it does not contain goods which it does contain, or that the goods contained in such
receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section
(1) shall,
unless he proves that he acted without intent to defraud,
be punished as if he had committed the offence under sub-section
(1).
CHAPTER XIX
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
351. Criminal intimidation.—
(1) Whoever threatens another by any means, with any injury to his
person, reputation or property, or to the person or reputation of any one in whom that person is interested,
with intent to cause alarm to that person, or to cause that person to do any act which he is not legally
bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding
the execution of such threat, commits criminal intimidation.
Explanation.—A threat to injure the reputation of any deceased person in whom the person
threatened is interested, is within this section.
Illustration.
A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A
is guilty of criminal intimidation.
(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous
hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or
imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute
unchastity to a woman, shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
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(4) Whoever commits the offence of criminal intimidation by an anonymous communication, or
having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be
punished with imprisonment of either description for a term which may extend to two years, in addition
to the punishment provided for the offence under sub-section
(1).
352. Intentional insult with intent to provoke breach of peace.—Whoever intentionally insults in
any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such
provocation will cause him to break the public peace, or to commit any other offence, shall be punished
with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
353. Statements conducing to public mischief.—
(1) Whoever makes, publishes or circulates any
statement, false information, rumour, or report, including through electronic means—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the
Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section
of the public whereby any person may be induced to commit an offence against the State or against
the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit
any offence against any other class or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever makes, publishes or circulates any statement or report containing false information,
rumour or alarming news, including through electronic means, with intent to create or promote, or which
is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or
community or any other ground whatsoever, feelings of enmity, hatred or ill will between different
religious, racial, language or regional groups or castes or communities, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.
(3) Whoever commits an offence specified in sub-section
(2) 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.
Exception.—It does not amount to an offence, within the meaning of this section, when the person
making, publishing or circulating any such statement, false information, rumour or report, has reasonable
grounds for believing that such statement, false information, rumour or report is true and makes,
publishes or circulates it in good faith and without any such intent as aforesaid.
354. Act caused by inducing person to believe that he will be rendered an object of Divine
displeasure.—Whoever voluntarily causes or attempts to cause any person to do anything which that
person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing
or attempting to induce that person to believe that he or any person in whom he is interested will become
or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing
which it is the object of the offender to cause him to do, or if he does the thing which it is the object of
the offender to cause him to omit, shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine, or with both.
Illustrations.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he
renders Z an object of Divine displeasure. A has committed the offence defined in this section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under
such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has
committed the offence defined in this section.
355. Misconduct in public by a drunken person.—Whoever, in a state of intoxication, appears in
any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such
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a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term
which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with
both or with community service.
Of defamation
356. Defamation.—
(1) Whoever, by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes in any manner, any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation
of such person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings
of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a loathsome state, or in a state
generally considered as disgraceful.
Illustrations.
(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that
Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s
watch. This is defamation, unless it falls within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s
watch. This is defamation, unless it falls within one of the exceptions.
Exception 1.—It is not defamation to impute anything which is true concerning any person, if it be
for the public good that the imputation should be made or published. Whether or not it is for the public
good is a question of fact.
Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the
conduct of a public servant in the discharge of his public functions, or respecting his character, so far as
his character appears in that conduct, and no further.
Exception 3.—It is not defamation to express in good faith any opinion whatever respecting the
conduct of any person touching any public question, and respecting his character, so far as his character
appears in that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in
petitioning Government on a public question, in signing a requisition for a meeting on a public question,
in presiding or attending at such meeting, in forming or joining any society which invites the public
support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of
the duties of which the public is interested.
Exception 4.—It is not defamation to publish substantially true report of the proceedings of a Court,
or of the result of any such proceedings.
Explanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in
a Court, is a Court within the meaning of the above section.
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Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the
merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any
person as a party, witness or agent, in any such case, or respecting the character of such person, as far as
his character appears in that conduct, and no further.
Illustrations.
(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or
dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he
expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man
without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s
character, is an opinion not founded on Z’s conduct as a witness.
Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any
performance which its author has submitted to the judgment of the public, or respecting the character of
the author so far as his character appears in such performance, and no further.
Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on
the part of the author which imply such submission to the judgment of the public.
Illustrations.
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of
the public.
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is
indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as
much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book,
and no further.
(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a
libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is
an opinion not founded on Z’s book.
Exception 7.—It is not defamation in a person having over another any authority, either conferred by
law or arising out of a lawful contract made with that other, to pass in good faith any censure on the
conduct of that other in matters to which such lawful authority relates.
Illustration.
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a
department censuring in good faith those who are under his orders, a parent censuring in good faith a
child in the presence of other children; a school master, whose authority is derived from a parent,
censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith
for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such
cashier as such cashier are within this exception.
Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of
those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration.
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a
servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within
this exception.
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Exception 9.—It is not defamation to make an imputation on the character of another provided that
the imputation be made in good faith for the protection of the interests of the person making it, or of any
other person, or for the public good.
Illustrations.
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you
ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this
imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the
character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the
exception.
Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another,
provided that such caution be intended for the good of the person to whom it is conveyed, or of some
person in whom that person is interested, or for the public good.
(2) Whoever defames another shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both, or with community service.
(3) Whoever prints or engraves any matter, knowing or having good reason to believe that such
matter is defamatory of any person, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter,
knowing that it contains such matter, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
Of breach of contract to attend on and supply wants of helpless person
357. Breach of contract to attend on and supply wants of helpless person.—Whoever, being
bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or
of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his
own safety or of supplying his own wants, voluntarily omits so to do, 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 thousand rupees, or with both.
CHAPTER XX
REPEAL AND SAVINGS
358. Repeal and savings.—
(1) The Indian Penal Code (45 of 1860) is hereby repealed.
(2) Notwithstanding the repeal of the Code referred to in sub-section
(1), it shall not affect,—
(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder;
or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so
repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so
repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e) any proceeding, investigation or remedy in respect of any such penalty or punishment as
aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such
penalty may be imposed as if that Code had not been repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be
deemed to have been done or taken under the corresponding provisions of this Sanhita.
(4) The mention of particular matters in sub-section
(2) shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of
the repeal.
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