52. Abettor when liable to cumulative punishment for act abetted and for act done.—
If the act
for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute
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.
53. Liability of abettor for an effect caused by act abetted different from that intended by
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, causes 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.
54. 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.
55. Abetment of offence punishable with death or imprisonment for life.—Whoever abets the
commission of an offence punishable with death or imprisonment for life, shall, if that offence be not
committed in consequence of the abetment, and no express provision is made under this Sanhita 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; 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 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
31
the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to
fine.
56. Abetment of offence punishable with imprisonment.—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 under this Sanhita 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; 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 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.
(b) 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.
(c) 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.
57. Abetting commission of offence by 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 seven years
and with fine.
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.
58. 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 imprisonment for life, voluntarily conceals by any act or omission, or
by the use of encryption or any other information hiding tool, the existence of a design to commit such
offence or makes any representation which he knows to be false respecting such design shall,—
(a) if that offence be committed, be punished with imprisonment of either description for a term
which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for a term which
may extend to three years,
and 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.
59. 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
32
facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily
conceals, by any act or omission or by the use of encryption or any other information hiding tool, the
existence of a design to commit such offence, or makes any representation which he knows to be false
respecting such design shall,—
(a) 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; or
(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either
description for a term which may extend to ten years; or
(c) 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 so 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.
60. 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
shall,—
(a) 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
(b) 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.
Of criminal conspiracy
61. Criminal conspiracy.—
(1) When two or more persons agree with the common object to do, or
cause to be done—
(a) an illegal act; or
(b) 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.
(2) Whoever is a party to a criminal conspiracy,—
(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment
for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the
punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;
(b) 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.
33
Of attempt
62. Punishment for attempting to commit offences punishable with imprisonment for life or
other imprisonment.—Whoever attempts to commit an offence punishable by this Sanhita with
imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt
does any act towards the commission of the offence, shall, where no express provision is made by this
Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided
for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may
be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is
provided for the offence, or with both.
Illustrations.
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the
box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is
guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the
attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences
63. Rape.—A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or
any other person,
under the circumstances falling under any of the following seven descriptions:—
(i) against her will;
(ii) without her consent;
(iii) with her consent, when her consent has been obtained by putting her or any person in whom
she is interested, in fear of death or of hurt;
(iv) with her consent, when the man knows that he is not her husband and that her consent is
given because she believes that he is another man to whom she is or believes herself to be lawfully
married;
(v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind
or intoxication or the administration by him personally or through another of any stupefying or
unwholesome substance, she is unable to understand the nature and consequences of that to which
she gives consent;
(vi) with or without her consent, when she is under eighteen years of age;
(vii) when she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.
34
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal communication, communicates willingness to
participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the
reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under
eighteen years of age, is not rape.
64. Punishment for rape.—
(1) Whoever, except in the cases provided for in sub-section
(2),
commits rape, shall be punished with rigorous imprisonment of either description 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,—
(a) being a police officer, commits rape,—
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a police officer
subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s custody or in the
custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central Government or a
State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody
established by or under any law for the time being in force or of a women’s or children’s institution,
commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that
hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards
the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on such woman; or
(k) commits rape on a woman suffering from mental or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the
life of a woman; or
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which
may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section,—
(a) “armed forces” means the naval, army and air forces and includes any member of the Armed
Forces constituted under any law for the time being in force, including the paramilitary forces and
any auxiliary forces that are under the control of the Central Government or the State Government;
35
(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for
the reception and treatment of persons during convalescence or of persons requiring medical attention
or rehabilitation;
(c) “police officer” shall have the same meaning as assigned to the expression “police” under the
Police Act, 1861 (5 of 1861);
(d) “women’s or children’s institution” means an institution, whether called an orphanage or a
home for neglected women or children or a widow’s home or an institution called by any other name,
which is established and maintained for the reception and care of women or children.
65. Punishment for rape in certain cases.—
(1) Whoever, commits rape on a woman under sixteen
years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder
of that person’s natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and
with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
66. Punishment for causing death or resulting in persistent vegetative state of victim.—
Whoever, commits an offence punishable under sub-section
(1) or sub-section
(2) of section 64 and in the
course of such commission inflicts an injury which causes the death of the woman or causes the woman
to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall
not be less than twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, or with death.
67. Sexual intercourse by husband upon his wife during separation.—Whoever has sexual
intercourse with his own wife, who is living separately, whether under a decree of separation or
otherwise, without her consent, shall be punished with imprisonment of either description for a term
which shall not be less than two years but which may extend to seven years, and shall also be liable to
fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in
clauses
(a) to
(d) of section 63.
68. Sexual intercourse by a person in authority.—Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of custody established by or
under any law for the time being in force, or a women’s or children’s institution; or
(d) on the management of a hospital or being on the staff of a hospital,
abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or
under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse
not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description
for a term which shall not be less than five years, but which may extend to ten years, and shall also be
liable to fine.
36
Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in
clauses
(a) to
(d) of section 63.
Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be
applicable.
Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a
women’s or children’s institution, includes a person holding any other office in such jail, remand home,
place or institution by virtue of which such person can exercise any authority or control over its inmates.
Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall
respectively have the same meanings as in clauses
(b) and
(d) of the Explanation to sub-section
(2) of
section 64.
69. Sexual intercourse by employing deceitful means, etc.—Whoever, by deceitful means or by
making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse
with her, such sexual intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to ten years and shall also be liable to
fine.
Explanation.— “deceitful means” shall include inducement for, or false promise of employment or
promotion, or marrying by suppressing identity.
70. Gang rape.—
(1) Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committed the
offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the
remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group
or acting in furtherance of a common intention, each of those persons shall be deemed to have committed
the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for
the remainder of that person’s natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
71. Punishment for repeat offenders.—Whoever has been previously convicted of an offence
punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an
offence punishable under any of the said sections shall be punished with imprisonment for life which
shall mean imprisonment for the remainder of that person’s natural life, or with death.
72. Disclosure of identity of victim of certain offences, etc.—
(1) Whoever prints or publishes the
name or any matter which may make known the identity of any person against whom an offence under
section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71
is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be
punished with imprisonment of either description for a term which may extend to two years and shall also
be liable to fine.
(2) Nothing in sub-section
(1) extends to any printing or publication of the name or any matter which
may make known the identity of the victim if such printing or publication is—
(a) by or under the order in writing of the officer-in-charge of the police station or the police
officer making the investigation into such offence acting in good faith for the purposes of such
investigation; or
37
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in
writing of, the next of kin of the victim:
Provided that no such authorisation shall be given by the next of kin to anybody other than the
chairman or the secretary, by whatever name called, of any recognised welfare institution or
organisation.
Explanation.—For the purposes of this sub-section, “recognised welfare institution or
organisation” means a social welfare institution or organisation recognised in this behalf by the
Central Government or the State Government.
73. Printing or publishing any matter relating to Court proceedings without permission.—
Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an
offence referred to in section 72 without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to two years and shall also be liable to
fine.
Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court
does not amount to an offence within the meaning of this section.
Of criminal force and assault against woman
74. Assault or use of criminal force to woman with intent to outrage her modesty.—Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will
thereby outrage her modesty, shall be punished with imprisonment of either description for a term which
shall not be less than one year but which may extend to five years, and shall also be liable to fine.
75. Sexual harassment.—
(1) A man committing any of the following acts:—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause
(i) or clause (ii) or clause (iii) of
sub-section
(1) shall be punished with rigorous imprisonment for a term which may extend to three years,
or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section
(1) shall be punished
with imprisonment of either description for a term which may extend to one year, or with fine, or with
both.
76. Assault or use of criminal force to woman with intent to disrobe.—Whoever assaults or uses
criminal force to any woman or abets such act with the intention of disrobing or compelling her to be
naked, shall be punished with imprisonment of either description for a term which shall not be less than
three years but which may extend to seven years, and shall also be liable to fine.
77. Voyeurism.—Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the
38
victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a
lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their
dissemination to third persons and where such image or act is disseminated, such dissemination shall be
considered an offence under this section.
78. Stalking.—
(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic
communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for th
