LexThe INDIAN-PENAL-CODE-1860
Madhya Pradesh · state statute
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THE INDIAN PENAL CODE, 1860
ACT NO. 45 OF 1860 1*
[6th October, 1860.]
CHAPTER I
INTRODUCTION
CHAPTER I
INTRODUCTION
Preamble.-WHEREAS it is expedient to provide a general Penal Code
for 2*[India];
It is enacted as follows:--
1.
Title and extent of operation of the Code.
1. Title and extent of operation of the Code.--This Act shall be
called the Indian Penal Code, and shall 3*[extend to the whole of
India 4*[except the State of Jammu and Kashmir]].
2.
Punishment of offences committed within India.
2. Punishment of offences committed within India.--Every person
shall be liable to punishment under this Code and not otherwise for
every act or omission contrary to the provisions thereof, of which he
shall be guilty within 5*[India] 6****.
3.
Punishment of offences committed beyond, but which by law may be tried
within, India.
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3. Punishment of offences committed beyond, but which by law may
be tried within, India.--Any person liable, by any 7*[Indian law],
to be tried for an offence committed beyond 5*[India] shall be
dealt with according to the provisions of this Code for any act
committed beyond 5*[India] in the same manner as if such act had
been committed within 5*[India].
4.
Extension of Code to extra-territorial offences.
8*[4. Extension of Code to extra-territorial offences.--The
provisions of this Code apply also to any offence committed by--
9*[(1) any citizen of India in any place without and
beyond India;
(2) any person on any ship or aircraft registered in India
wherever it may be.]
1. The Act has been amended in its application to Madras by
Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970
and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968,
Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8
of 1972, West Bengal by West Bengal Act 42 of 1973.
The Act has been extended to Goa, Daman and Diu with
modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and
brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10 -
1967).
The Act comes into force in Pondicherry vide Reg. 7 of 1963,
s. 3 and Sch. I (w.e.f. 1-10-1963).
2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the whole of
India except Part B States".
3. Subs. by the A. O. 1948, for "take effect * * * throughout
British India". The words and figures "on and from the first day
of May, 1861" occurring between the words "effect" and
"throughout" were rep. by Act 12 of 1891.
4. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B
States".
5. Subs. by s. 3 and Sch., ibid., for "the States".
6. The words and figures "on or after the said first day of May,
1861" omitted by Act 12 of 1891.
7. Subs. by the A. O. 1937, for "law passed by the Governor-General
of India in Council".
102
8. Subs. by Act 4 of 1898, s. 2, for the original s. 4.
9. Subs. by the A. O. 1950, for the original cls. (1) to (4).
Explanation.
Explanation.--In this section the word "offence" includes every
act committed outside 1*[India] which, if committed in 1*[India] would
be punishable under this Code.
2*[Illustration]
3***A, 4*[who is 5*[a citizen of India]], commits a murder in
Uganda. He can be tried and convicted of murder in any place in
1*[India] in which he may be found.
6* * * * *
5.
Certain laws not to be affected by this Act.
7*[5. Certain laws not to be affected by this Act.--Nothing in
this Act shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service
of the Government of India or the provision of any special or local
law.]
CHAPTER II
GENERAL EXPLANATIONS
CHAPTER II
GENERAL EXPLANATIONS
6.
Definitions in the Code to be understood subject to exceptions.
6. Definitions in the Code to be understood subject to
exceptions.--Throughout this Code every definition of an offence,
every penal provision and every illustration of every such definition
or penal provision, shall be understood subject to the exceptions
contained in the Chapter entitled "General Exceptions", though those
exceptions are not repeated in such definition, penal provision, or
illustration.
Illustrations
(a) The sections, in this Code, which contain definitions of
offences, do not express that a child under seven years of age cannot
commit such offences; but the definitions are to be understood subject
to the general exception which provides that nothing shall be an
offence which done by child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z who has
committed murder. Here A is not guilty of the offence of wrongful
confinement; for he was bound by law to apprehend Z, and therefore the
case falls within the general exception which provides that "nothing
is an offence which is done by a person who is bound by law to do it".
7.
Sense of expression once explained.
7. Sense of expression once explained.--Every expression which is
explained in any part of this Code, is used in every part of this Code
in conformity with the explanation.
8.
Gender.
8. Gender.--The pronoun "he" and its derivatives are used of any
person, whether male or female.
9.
Number.
9. Number.--Unless the contrary appears from the context, words
importing the singular number include the plural number, and words
importing the plural number include the singular number.
10.
"Man". "Woman".
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103
10. "Man". "Woman".--The word "man" denotes a male human being of
any age; the word "woman" denotes a female human being of any age.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
2. Subs. by Act 36 of 1957, s.3 and Sch. II, for "Illustrations".
3. The brackets and letter `6(a)' omitted by s. 3 and Sch. II, ibid.
4. Subs. by the A. O. 1948, for "a coolie, who is a Native Indian
subject".
5. Subs. by the A. O. 1950, for "a British subject of Indian
domicile".
6. Illustrations (b), (c) and (d) were rep. by the A. O. 1950.
7. Subs., ibid., for the former s. 5.
11.
"Person".
11. "Person".--The word "person" includes any Company or
Association or body of persons, whether incorporated or not.
12.
"Public".
12. "Public".--The word "public" includes any class of the public
or any community.
13.
[Definition of "Queen".] Rep. by the A. O. 1950.
14.
"Servant of Government".
1*[14. "Servant of Government".--The words "servant of
Government" denote any officer or servant continued, appointed or
employed in India by or under the authority of Government.]
15.
[Definition of "British India".] Rep. by the A. O. 1937.
16.
Definition of "Government of India".] Rep., ibid.
17.
"Government".
2*[17 "Government".--The word "Government" denotes the Central
Government or the Government of a 3****State.]
18.
"India".
4*[18. "India".--"India" means the territory of India excluding
the State of Jammu and Kashmir.]
19.
"Judge".
19. "Judge".--The word "Judge" denotes not only every person who
is officially designated as a Judge, but also every person.
who is empowered by law to give, in any legal proceeding, civil
or criminal, a definitive judgment, or a judgment which, if not
appealed against, would be definitive, or a judgment which, if
confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is
empowered by law to give such a judgment.
Illustrations
(a) A collector exercising jurisdiction in a suit under Act 10 of
1859, is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge
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104
on which he has power to sentence to fine or imprisonment with or
without appeal, is a Judge.
(c) A member of a panchayat which has power, under 5*Regulation
VII, 1816, of the Madras Code, to try and determine suit, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge
on which he has power only to commit for trial to another Court, is
not a Judge.
20.
"Court of Justice".
20. "Court of Justice".--The words "Court of Jutsice" denote a
Judge who is empowered by law to act judicially alone, or a body of
Judges which is empowered by law to act judicially as a body, when
such Judge or body of Judges is acting judicially.
Illustration
A Panchayat acting under 5*Regulation VII, 1816, of the Madras
Code, having power to try and determine suits, is a Court of Justice.
1. Subs. by the A. O. 1950, for s. 14.
2. Subs., ibid., for s. 17.
3. The words and letter "Part A" omitted by Act 3 of 1951, s. 3 and
Sch.
4. Subs. by s. 3 and Sch., ibid., for s. 18.
5. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).
21.
"Public servant".
21. "Public servant".--The words "public servant" denote a person
falling under any of the descriptions hereinafter following, namely:--
1* * * * *
Second.--Every Commissioned Officer in the Military,
2*[Naval or Air] Forces 3*[4**** of India];
5*[Third.--Every Judge including any person empowered by
law to discharge, whether by himself or as a member of any body
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of persons. any adjudicatory functions;]
Fourth.--Every officer of a Court of Justice
6*[(including a liquidator, receiver or commissioner)] whose duty
it is, as such officer, to investigate or report on any matter of
law or fact, or to make, authenticate, or keep any document, or
to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or
to preserve order in the Court, and every person specially
authorized by a Court of Justice to perform any of such duties;
Fifth.--Every juryman, assessor, or member of a panchayat
assisting a Court of Justice or public servant;
Sixth.--Every arbitrator or other person to whom any cause
or matter has been referred for decision or report by any Court
of Justice, or by any other competent public authority;
Seventh.--Every person who holds any office by virtue of
which he is empowered to place or keep any person in confinement;
Eighth.--Every officer of 7*[the Government] whose duty it
is, as such officer, to prevent offences, to give information of
offences, to bring offenders to justice, or to protect the public
health, safety or convenience;
Ninth.--Every officer whose duty it is as such officer, to
take, receive, keep or expend any property on behalf of 7*[the
Government], or to make any survey, assessment or contract on
behalf of 7*[the Government], or to execute any revenue-
process, or to investigate, or to report, on any matter affecting
the pecuniary interests of 7*[the Government], or to make.
authenticate or keep any document relating to the pecuniary
interests of 7*[the Government], or to prevent the infraction
of any law for the protection of the pecuniary interests of
7*[the Government] 8****;
Tenth.--Every officer whose duty it is, as such officer, to
take, receive, keep or expend any property, to make any survey or
assessment or to levy any rate or tax for any secular common
purpose of any village, town or district, or to make,
authenticate or keep any document for the ascertaining of the
rights of the people of any village, town or district;
1. Cl. First omitted by the A. O. 1950.
2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or Naval".
3. Subs. by the A. O. 1948, for "of the Queen while serving under
any Government in British India or the Crown Representative".
4. The words "of the Dominion" omitted by the A. O. 1950.
5. Subs. by Act 40 of 1964, s. 2, for cl. Third.
6. Ins. by s. 2, ibid.
105
7. Subs. by the A. O. 1950, for "the Crown".
8. Certain words omitted by Act 40 of 1964, s. 2.
1*[Eleventh.--Every person who holds any office in virtue
of which he is empowered to prepare, publish, maintain or revise
an electoral roll or to conduct an election or part of an
election;]
2*[Twelfth.--Every person--
(a) in the service or pay of the Government or
remunerated by fees or commission for the performance of any
public duty by the Government;
(b) in the service or pay of a local authority, a
corporation established by or under a Central, Provincial or
State Act or a Government company as defined in section 617
of the Companies Act, 1956 (1 of 1956).]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1.--Persons falling under any of the above
descriptions are public servants, whether appointed by the Government
or not.
Explanation 2.--Wherever the words "public servant" occur, they
shall be understood of every person who is in actual possession of the
situation of a public servant, whatever legal defect there may be in
his right to hold that situation.
3*[Explanation 3.--The word "election" denotes an election for
the purpose of selecting members of any legislative, municipal or
other public authority, of whatever character, the method of selection
to which is by, or under, any law prescribed as by election.]
4* * * * *
22.
"Movable property".
22. "Movable property".--The words "movable property" are
intended to include corporeal property of every description, except
land and things attached to the earth or permanently fastened to
anything which is attached to the earth.
23.
----------------------------------------------------------------------
"Wrongful gain".
23. "Wrongful gain".--"Wrongful gain" is gain by unlawful means
of property to which the person gaining is not legally entitled.
"Wrongful loss".
"Wrongful loss".--"Wrongful loss" is the loss by unlawful means
of property to which the person losing it is legally entitled.
Gaining wrongfully. Losing wrongfully.
Gaining wrongfully. Losing wrongfully.--A person is said to gain
wrongfully when such person retains wrongfully, as well as when such
person acquires wrongfully. A person is said to lose wrongfully when
such person is wrongfully kept out of any property, as well as when
such person is wrongfully deprived of property.
24.
"Dishonestly".
24. "Dishonestly".--Whoever does anything with the intention of
causing wrongful gain to one person or wrongful loss to another
person, is said to do that thing "dishonestly".
25.
"Fraudulently".
25. "Fraudulently".--A person is said to do a thing fraudulently
if he does that thing with intent to defraud but not otherwise.
1. Ins. by Act 39 of 1920, s. 2.
2. Subs. by Act 40 of 1964, s. 2, for cl. Twelfth, ins. by Act 2 of
1958, s. 2.
3. Ins. by Act 39 of 1920, s. 2.
4. Explanation 4 ins. by Act 2 of 1958, s. 2, omitted by Act 40 of
1964, s. 2.
106
26.
"Reason to believe".
26. "Reason to believe".--A person is said to have "reason to
believe" a thing, if he has sufficient cause to believe that thing but
not otherwise.
27.
Property in possession of wife, clerk or servant.
27. Property in possession of wife, clerk or servant.--When
property is in the possession of a person's wife, clerk or servant, on
account of that person, it is in that person's possession within the
meaning of this Code.
Explanation.--A person employed temporarily or on a particular
occasion in the capacity of a clerk, or servant, is a clerk or servant
within the meaning of this section.
28.
"Counterfeit".
28. "Counterfeit".--A person is said to "counterfeit" who causes
one thing to resemble another thing, intending by means of that
resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.
1*[Explanation 1.--It is not essential to counterfeiting that
the imitation should be exact.
Explanation 2.--When a person causes one thing to resemble
another thing, and the resemblance is such that a person might be
deceived thereby, it shall be presumed, until the contrary is proved,
that the person so causing the one thing to resemble the other thing
intended by means of that resemblance to practise deception or knew it
to be likely that deception would thereby be practised.]
29.
"Document".
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29. "Document".--The word "document" denotes any matter expressed
or described upon any substance by means of letters, figures or marks,
or by more than one of those means, intended to be used, or which may
be used, as evidence of that matter.
Explanation 1.--It is immaterial by what means or upon what
substance the letters, figures or marks are formed, or whether the
evidence is intended for, or may be used in, a Court of Justice, or
not.
Illustrations
A writing expressing the terms of a contract, which may be used
as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used
as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2.--Whatever is expressed by means of letters,
figures or marks as explained by mercantile or other usage, shall be
deemed to be expressed by such letters, figures or marks within the
meaning of this section, although the same may not be actually
expressed.
Illustration
A writes his name on the back of a bill of exchange payable to
his order. The meaning of the endorsement as explained by mercantile
usage, is that the bill is to be paid to the holder. The endorsement
is a document, and must be construed in the same manner as if the
words "pay to the holder" or words to that effect had been written
over the signature.
30.
"Valuable security".
30. "Valuable security".--The words "valuable security" denote a
document which is, or purports to be, a document whereby any legal
right is created, extended, transferred, restricted, extinguished or
released, or who hereby any person acknowledges that he lies under
legal liability, or has not a certain legal right.
1. Subs. by Act 1 of 1889, s. 9, for the original Explanation.
107
Illustration
A writes his name on the back of a bill of exchange. As the
effect of this endorsement is to transfer the right to the bill to any
person who may become the lawful holder of it, the endorsement is a
"valuable security".
31.
"A will".
31. "A will".--The words "a will" denote any testamentary
document.
32.
Words referring to acts include illegal omissions.
32. Words referring to acts include illegal omissions.--In every
part of this Code, except where a contrary intention appears from the
context, words which refer to acts done extend also to illegal
omissions.
33.
"Act". "Omission".
33. "Act". "Omission".--The word "act" denotes as well as series
of acts as a single act: the word "omission" denotes as well a series
of omissions as a single omission.
34.
Acts done by several persons in futherance of common intention.
1*[34. Acts done by several persons in futherance of common
intention.--When a criminal act is done by several persons in
furtherance of the common intention of all, each of such persons is
liable for that act in the same manner as if it were done by him
alone.]
35.
When such an act is criminal by reason of its being done with a
criminal knowledge or intention.
35. When such an act is criminal by reason of its being done with
a criminal knowledge or intention.--Whenever an act, which is criminal
only by reason of its being done with a criminal knowledge or
intention, is done by several persons, each of such persons who joins
in the act with such knowledge or intention is liable for the act in
the same manner as if the act were done by him alone with that
knowledge or intention.
36.
Effect caused partly by act and partly by omission.
36. Effect caused partly by act and partly by omission.--Wherever
the causing of a certain effect, or an attempt to cause that effect,
by an act or by an omission, is an offence, it is to be understood
that the causing of that effect partly by an act and partly by an
omission is the same offence.
Illustration
A intentionally causes Z's death, partly by illegally omitting to
give Z food, and party by beating Z. A has committed murder.
37.
Co-operation by doing one of several acts constituting an offence.
37. Co-operation by doing one of several acts constituting an
offence.--When an offence is committed by means of several acts,
whoever intentionally co-operates in the commission of that offence by
doing any one of those acts, either singly or jointly with any other
person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times
giving him small doses of poison. A and B administer the poison
according to the agreement with intent to murder Z. Z dies from the
effects the several doses of poison so administered to him. Here A and
B intentionally co operate in the commission of murder and as each of
them does an act by which the death is caused, they are both guilty of
the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z,
a prisoner, alternatively for six hours at a time. A and B, intending
to cause Z's death, knowingly co-operate in causing that effect by
illegally omitting, each during the time of his attendance, to furnish
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108
Z with food supplied to them for that purpose. Z dues of hunger. Both
A and B are guilty of the murder of Z.
1. Subs. by Act 27 of 1870, s. 1, for the original section.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to
cause Z's death, illegally omits to supply Z with food; in consequence
of which Z is much reduced in strength, but the starvation is not
sufficient to cause his death. A is dismissed from his office, and B
succeeds him. B, without collusion or co-operation with A, illegally
omits to supply Z with food, knowing that he is likely thereby to
cause Z's death. Z dies of hunger. B is guilty of murder, but, as A
did not co-operate with B. A is guilty only of an attempt to commit
murder.
38.
Persons concerned in criminal Act may be guilty of different
offences.
38. Persons concerned in criminal Act may be guilty of different
offences.--Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences
by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that
his killing of Z would be only culpable homicide not amounting to
murder. B, having ill-will towards Z and intending to kill him, and
not having been subject to the provocation, assists A in killing Z.
Here, though A and B are both engaged in causing Z's death, B is
guilty of murder, and A is guilty only of culpable homicide.
39.
"Voluntarily".
39. "Voluntarily".--A person is said to cause an effect
"voluntarily" when he causes it by means whereby he intended to cause
it, or by means which, at the time of employing those means, he knew
or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for
the purpose of facilitating a robbery and thus causes the death of a
person. Here, A may not have intended to cause death; and may even be
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sorry that death has been caused by his act; yet, if he knew that he
was likely to cause death, he has caused death voluntarily.
40.
"Offence".
1*[40. "Offence".--Except in the 2*[Chapters] and sections
mentioned in clauses 2 and 3 of this section, the word "offence"
denotes a thing made punishable by this Code.
In Chapter IV, 3*[Chapter VA] and in the following sections,
namely, sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112, 114, 115,
116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225,
327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word
"offence" denotes a thing punishable under this Code, or under any
special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the
word "offence" has the same meaning when the thing punishable under
the special or local law is punishable under such law with
imprisonment for a term of six months or upwards, whether with or
without fine.]
41.
"Special law".
41. "Special law".--A "special law" is a law applicable to a
particular subject.
42.
"Local law".
42. "Local law".--A "local law" is a law applicable only to a
particular part of 6* [7**** 8*[India]].
1. Subs. by Act 27 of 1870, s. 2, for the original s. 40.
2. Subs. by Act 8 of 1930, s. 2 and Sch. I, for "chapter".
3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1.
5. Ins. by Act 10 of 1886, s. 21 (1).
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109
6. Subs. by the A.O. 1948, for "British India".
7. The words "the territories comprised in" were rep. by Act 48 of
1952, s. 3 and Sch. II.
8. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
43.
"Illegal".
"Legally bound to do".
43. "Illegal". "Legally bound to do".--The word "illegal" is
applicable to everything which is an offence or which is prohibited by
law, or which furnishes ground for a civil action; and a person is
said to be "legally bound to do" whatever it is illegal in him to
omit.
44.
"Injury".
44. "Injury".--The word "injury" denotes any harm whatever
illegally caused to any person, in body, mind, reputation or property.
45.
"Life".
45. "Life".--The word "life" denotes the life of a human being,
unless the contrary appears from the context.
46.
"Death".
46. "Death".--The word "death" denotes the death of a human being
unless the contrary appears from the context.
47.
"Animal".
47. "Animal".--The word "animal" denotes any living creature,
other than a human being.
48.
"Vessel".
48. "Vessel".--The word "vessel" denotes anything made for the
conveyance by water of human beings or of property.
49.
"Year".
"Month".
49. "Year". "Month".--Wherever the word "year" or the word
"month" is used, it is to be understood that the year or the month is
to be reckoned according to the British calendar.
50.
"Section".
50. "Section".--The word "section" denotes one of those portions
of a Chapter of this Code which are distinguished by prefixed numeral
figures.
51.
"Oath".
51. "Oath".--The word "oath" includes a solemn affirmation
substituted by law for an oath, and any declaration required or
authorized by law to be made before a public servant or to be used for
the purpose of proof, whether in a Court of Justice or not.
52.
"Good faith".
52. "Good faith".--Nothing is said to be done or believed in
"good faith" which is done or believed without due care and attention.
52A.
"Harbour".
1*[52A. "Harbour".--Except in section 157, and in section 130
in the case in which the harbour is given by the wife or husband of
the person harboured, the word "harbour" includes the supplying a
person with shelter, food, drink, money, clothes, arms, ammunition or
means of conveyance, or the assisting a person by any means, whether
of the same kind as those enumerated in this section or not, to evade
apprehension.]
CHAPTER III
OF PUNISHMENTS
CHAPTER III
OF PUNISHMENTS
53.
Punishments.
53. Punishments.--The punishments to which offenders are liable
under the provisions of this Code are--
First.--Death;
2*[Secondly.--Imprisonment for life;]
3* * * * *
Fourthly.--Imprisonment, which is of two descriptions,
namely:-
(1) Rigorous, that is with hard labour;
(2) Simple;
Fifthly.--Forfeiture of property;
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110
Sixthly.--Fine.
1. Ins. by Act 8 of 1942. s. 2.
2. Subs. by Act 26 of 1955, s. 117 and Sch., for "Secondly.- -
Transportation;"(w.e.f. 1-1-1956).
3. "Thirdly,-Penal seritude;" was rep. by Act 17 of 1949, s. 2
(w.e.f. 6-4-1949).
53A.
Construction of reference to transportation.
1*[53A. Construction of reference to transportation.--(1)
Subject to the provisions of sub-section (2) and sub-section (3), any
reference to "transportation for life" in any other law for the time
being in force or in any instrument or order having effect by virtue
of any such law or of any enactment repealed shall be construed as a
reference to "imprisonment for life".
(2) In every case in which a sentence of transportation for a
term has been passed before the commencement of the Code of Criminal
Procedure (Amendment) Act, 2*[1955], (26 of 1955), the offender
shall be dealt with in the same manner as if sentenced to rigorous
imprisonment for the same term.
(3) Any reference to transportation for a term or to
transportation for any shorter term (by whatever name called) in any
other law for the time being in force shall be deemed to have been
omitted.
(4) Any reference to "transportation" in any other law for the
time being in force shall,-
(a) if the expression means transportation for life, be
construed as a reference to imprisonment for life;
(b) if the expression means transportation for any shorter
term, be deemed to have been omitted.]
54.
Commutation of sentence of death.
54. Commutation of sentence of death.--In every case in which
sentence of death shall have been passed, 3*[the appropriate
Government] may, without the consent of the offender, commute the
punishment for any other punishment provided by this Code.
55.
Commutation of sentence of imprisonment for life.
55. Commutation of sentence of imprisonment for life.--In every
case in which sentence of 4*[imprisonment] for life shall have been
passed, 5[the appropriate Government] may, without the consent of the
offender, commute the punishment for imprisonment of either
description for a term not exceeding fourteen years.
55A.
Definition of "appropriate Government".
6*[55A. Definition of "appropriate Government".--In sections
fifty-four and fifty-five the expression "appropriate Government"
means,-
(a) in cases where the sentence is a sentence of death or is
for an offence against any law relating to a matter to which the
executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is
for an offence against any law relating to a matter to which the
executive power of the State extends, the Government of the State
within which the offender is sentenced.]
56.
56. [Sentence of Europeans and Americans to penal servitude.
Proviso as to sentence for term exceeding ten years but not for life.]
Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949
(17 of 1949) (w. e. f. 6-4-1949).
57.
Fractions of terms of punishment.
57. Fractions of terms of punishment.--In calculating fractions
of terms of punishment, 4[imprinsonment] for life shall be reckoned as
equivalent to 4[imprisonment] for twenty years.
58.
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58. [Offenders sentenced to transportation how dealt with until
transported.] Rep. by the Code of Criminal Procedure (Amendment) Act,
1955 (26 of 1955), s. 117 and Sch.
1. Ins. by Act 26 of 1955, s. 117 and Sch. (w.e.f. 1-1-1956).
2. Subs. by Act 36 of 1957, s. 3 and Sch. II, for "1954".
3. Subs. by the A. O. 1950, for "the Central Government or the
Provincial Government of the Province within which the offender
shall have been sentenced".
4. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation"
(w.e.f. 1-1-1956).
5. Subs. by the A. O. 1950, for "the provincial Government of the
Province within which the offender shall have been sentenced".
6. Subs., ibid, for s. 55A which had been ins. by the A. O. 1937.
59.
59. [Transportation instead of imprisonment.] Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955) s.117 and Sch.,
(w.e.f. 1-1-1956).
60.
Sentence may be (in certain cases of imprisonment) wholly or partly
rigorous or simple.
60. Sentence may be (in certain cases of imprisonment) wholly or
partly rigorous or simple.--In every case in which an offender is
punishable with imprisonment which may be of either description, it
shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly
rigorous, or that such imprisonment shall be wholly simple or] that
any part of such imprisonment shall be rigorous and the rest simple.
61.
61. [Sentence of forfeiture of property.] Rep. by the Indian
Penal Code (Amendment) Act, 1921 (16 of 1921), s. 4.
62.
62. [Forfeiture of property, in respect of offenders punishable
with death, transportation or imprisonment.] Rep., by s. 4 ibid.
63.
Amount of fine.
63. Amount of fine.--Where no sum is expressed to which a fine
may extend, the amount of fine to which the offender is liable is
unlimited, but shall not be excessive.
64.
Sentence of imprisonment for non-payment of fine.
64. Sentence of imprisonment for non-payment of fine.--1*[In
every case of an offence punishable with imprisonment as well as fine,
in which the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable 2*[with
imprisonment or fine, or] with fine only, in which the offender is
sentenced to a fine.]
it shall be competent to the Court which sentences such offender
to direct by the sentence that, in default of payment of the fine, the
offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which he
may have been sentenced or to which he may be liabExcerpt shown. Open the full act in Lexace.