Sections 191 to 229


THE INDIAN PENAL CODE, 1860


CONTENTS


CHAPTER XI


OF FALSE EVIDENCE AND OFFENCES


AGAINST PUBLIC JUSTICE


191. Giving
false evidence


192. Fabricating
false evidence


193. Punishment
for false evidence


194. Giving
or fabricating false evidence with intent to procure conviction of capital
offence


If innocent person
be thereby convicted and executed


195. Giving
or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or imprisonment


196. Using
evidence known to be false


197. Issuing
or singing false certificate


198. Using as
true a certificate known to be false


199. False
statement made in declaration which is by law receivable as evidence


200. Using as
true such declaration knowing it to be false


201. Causing disappearance
of evidence of offence, or giving false information to screen offender.


If a capital offence.


If punishable with
imprisonment for life.


If punishable with less
than ten years’ imprisonment.


202. Intentional
omission to give information of offence by person bound to inform


203. Giving
false information respecting an offence committed


204. Destruction
of document to prevent its production as evidence


205. False
personation for purpose of act or proceeding in suit or prosecution


206. Fraudulent
removal or concealment of property to prevent its seizure as forfeited or in
execution


207. Fraudulent
claim to property to prevent its seizure as forfeited


208. Fraudulently
suffering decree for sum not due


209. Dishonestly
making false claim in Court


210. Fraudulently
obtaining decree for sum not due


211. False
charge of offence made with intent to injure


212. Harbouring
offender


If a capital offence


If punishable with
imprisonment for life, or with imprisonment


213. Taking
gift, etc., to screen an offender from punishment


If a capital offence


If punishable with
imprisonment for life, or with imprisonment


214. Offering gift o restoration of property
in consideration of screening offender


If a capital offence


If punishable with
imprisonment for life, or with imprisonment


215. Taking
gift to help to recover stolen property, etc.


216. Harbouring
offender who has escaped from custody or whose apprehension has been ordered.


If capital offence


If punishable with
imprisonment for life, or with imprisonment


216A. Penalty
for harbouring robbers or dacoits


216B. [Repealed]


217. Public
servant disobeying direction of law with intent to save person from punishment
or property fro forfeiture


218. Public
servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture


219. Public
servant in judicial proceeding corruptly making report, etc., contrary to law


220. Commitment
for trail or confinement by person having authority who knows that he is acting
contrary to law


221. Intentional
omission to apprehend on the part of public servant bound to apprehend


222. Intentional
omission to apprehend on the part of public servant bound to apprehend person
under sentence or lawfully committed


223. Escape
from confinement or custody negligently suffered by public servant


224. Resistance
or obstruction by a person to his lawful apprehension


225. Resistance
or obstruction to lawful apprehension of another person


225A. Omission to apprehend, or
sufferance of escape, on part of public servant, in cases not otherwise
provided for


225B. Resistance
or obstruction to lawful apprehension, or escape or rescue in cases not
otherwise provided for


226. [Repealed]


227. Violation
of condition of remission of punishment


228. Intentional
insult or interruption to public servant sitting in judicial proceeding


228A. Disclosure
of identity of the victim of certain offences etc.


229. Personation
of a juror or assessor


CHAPTER XI


OF
FALSE EVIDENCE AND OFFENCES


AGAINST
PUBLIC JUSTICE


191. Giving false evidence: --Whoever, being legally
bound by an oath or by an express provision of law to state the truth, or being
bound by law to make a declaration upon any subject, makes any statement which
is false, and which he either knows or believes to be false or does not believe
to be true, is said to give false evidence.


Explanation 1—A statement is
within the meaning of this section, whether it is made verbally or otherwise.


Explanation 2—A false
statement as to the belief of the person attesting is within the meaning of
this section, and a person may be guilty of giving false evidence by stating
that he believes a thing which he does not believe, as well as by stating that
he knows a thing which he does not know.


Illustrations


(a) A, in support of a just claim which B has
against Z for one thousand rupees, falsely swears on a trial that he heard Z
admit the justice of B’s claim. A has given false evidence.


(b) A, being bound by an oath to state the
truth, states that he believes a certain signature to be the handwriting of Z,
when he does not believe it to be the handwriting of Z. Here A states that
which he knows to be false, and therefore gives false evidence.


(c) A, knowing the general character of Z’s
handwriting, states that he believes a certain signature to be the handwriting
of Z; A in good faith believing it to be so. Here A’s statement is merely as to
his belief, and is true as to his belief, and therefore, although the signature
may not be the handwriting of Z, A has not given false evidence.


(d) A, being bound by an oath to state the
truth, states that he knows that Z was at a particular place on a particular
day, not knowing anything upon the subject. A gives false evidence whether Z
was at that place on the day named or not.


(e) A, an interpreter or translator, gives or
certifies as a true interpretation or translation of a statement or document
which he is bound by oath to interpret or translate truly, that which is not
and which he does not believed to be a true interpretation or translation. A
has given in false evidence.


192. Fabricating false evidence: - Whoever causes any
circumstance to exist or makes any false entry in any book or record, or makes
nay document containing a false statement, intending that such circumstance,
false entry or false statement may appear in evidence in a judicial proceeding,
or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so
appearing in evidence, may cause any person who in such proceeding is to form
an opinion upon the evidence, to entertain an erroneous opinion touching any
point material to the result of such proceeding, is said “to fabricate false
evidence”.


Illustrations


(a) A puts jewels into a box belonging to Z, with
the intention that they may be found in that box, and that this circumstance
may cause Z to be convicted of theft. A has fabricated false evidence.


(b) A makes a false entry in his shop-book for
the purpose of using it as corroborative evidence in a Court of Justice. A has
fabricated false evidence.


(c) A, with the intention of causing Z to be
convicted of a criminal conspiracy, writes a letter in imitation of Z’s
handwriting, purporting to be addressed to an accomplice in such criminal
conspiracy, and puts the letter in a place which he knows that the officers of
the Police are likely to search. A has fabricated false evidence.


193. Punishment for false evidence: - Whoever
intentionally gives false evidence in any stage of a judicial proceeding, or
fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;


And whoever intentionally gives or
fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.


Explanation 1—A trial before
a Court-martial; 1[* * *]
is a judicial proceeding.


Explanation 2—An
investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not
take place before a Court of Justice.


Illustration


A, in an enquiry before a
Magistrate for the purpose of ascertaining whether Z ought to be committed for
trial, makes on oath a statement which he knows to be false. A this enquiry is
a stage of a judicial proceeding, A has given false evidence.


Explanation 3—An
investigation directed by a Court of Justice, according to law, and conducted
under the authority of a Court of Justice, is a stage of a judicial proceeding,
though that investigation may not take place before a Court of Justice.


Illustration


A, in any enquiry before an officer
deputed by a Court of Justice to ascertain on the spot the boundaries of land,
makes on oath a statement which he knows to be false. As this enquiry is a
stage of a judicial proceeding. A has
given false evidence.


1. The words “or before
a Military Court of Request” rep. by Act 13 of 1889. sec. 2 and such.


194. Giving or fabricating false evidence with intent to procure
conviction of capital offence
: - Whoever gives or fabricates false
evidence, intending thereby to cause, or knowing it to be likely that he will
thereby cause, any person to be convicted of an offence which is capital 1[by the law for the time being in force in 2[India]] shall be punished with 3[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine;


If innocent person be thereby convicted and executed:
- and if an innocent person be convicted and executed in consequence of such
false evidence, the person who gives such false evidence shall be punished
either with death or the punishment hereinbefore described.


1. Subs. by the A.
O.1948, for “by the Law of British India or England”.


2. Subs. by Act 3 of
1951, sec. 3 and sch., for “the States”.


3. Subs. by Act 26 of
1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).


195. Giving or fabricating false evidence with intent to procure
conviction of offence punishable with imprisonment for life or imprisonment
:--Whoever
gives or fabricates false evidence intending thereby to cause, or knowing it to
be likely that he will thereby cause, any person to be convicted of an offence
which 1[by the law for the
time being in force in 2[India]
is not capital, but punishable with 3[imprisonment
for life], or imprisonment for a term of seven years or upwards, shall be
punished as a person convicted of that offence would be liable to be
punished.


Illustration


A gives false evidence
before a Court of Justice intending thereby to cause Z to be convicted of a
dacoity. The punishment of dacoity is 3[imprisonment
for life], or rigorous imprisonment for a term which may extend to ten years,
with or without fine. A, therefore, is liable to 4[imprisonment for life] or imprisonment,
with or without fine.


1. Subs. by the A. O.1948,
for “by the Law of British India or England”.


2. Sub. by Act 3 of
1951, sec. 3 and Sch., for “the States”.


3. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).


4. Subs. by Act 26 of
1955, sec.117 and sch., for “such transportation” (w.e.f. 1-1-1956).


196. Using
evidence known to be false
: --Whoever corruptly uses or attempts to use as true or genuine
evidence any evidence which he knows to be false or fabricated, shall be
punished in the same manner as if he gave or fabricated false evidence.


197. Issuing
or signing false certificate
: --Whoever issues or signs any certificate required
by law to be given or signed, or relating to any fact of which such certificate
is by law admissible in evidence, knowing or believing that such certificate is
false in any material point, shall be punished in the same manner as if he gave
false evidence.


198. Using as true a certificate known to be false: -- Whoever
corruptly uses or attempts to use any such certificate as a true certificate,
knowing the same to be false in any material point, shall be punished in the
same manner as if he gave false evidence.


199. False statement made in declaration which is by law receivable
as evidence
:- Whoever, in any declaration made or subscribed by him,
which declaration any Court of Justice, or any public servant or other person,
is bound or authorized by law to receive as evidence of any fact, makes any
statement which is false, and which he either knows or believes to be false or
does not believe to be true, touching any point material to the object for
which the declaration is made or used, shall be punished in the same manner as
if he gave false evidence.


200. Using as true such declaration knowing it to be false: - Whoever
corruptly uses or attempts to use as true any such declaration, knowing the
same to be false in any material point, shall be punished in the same manner as
if he gave false evidence.


Explanation—A declaration which is
inadmissible merely upon the ground of some informality, is a declaration
within the meaning of sections 199 to 200.


201. Causing
disappearance of evidence of offence, or giving false information to screen
offender
: -
Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear,
with the intention of screening the offender from legal punishment, or with
that intention gives any information respecting the offence which he knows or
believes to be false,


If a capital offence: - shall, if the offence
which he knows or believes to have been committed is punishable with death, be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;


If
punishable with imprisonment for life
: - and if the offence is punishable with 1[imprisonment for life], or with
imprisonment which may extend to ten years, shall be punished with imprisonment
of either description for a term which may extend to three years, and shall
also be liable to fine;


If punishable with less than ten years’ imprisonment: - And if the offence is
punishable with imprisonment for any term not extending to ten years, shall be
punished with imprisonment of the description provided fro the offence, for a
term which may extend to one-fourth part of the longest term of the
imprisonment provided for the offence, or with fine, or with both.


Illustration


A, knowing that B has murdered Z,
assists B to hide the body with the intention of screening B from punishment. A
is liable to imprisonment of either description for seven years, and also to
fine.


1. Subs. by Act 26 of
1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).


202. Intentional
omission to give information of offence by person bound to inform
: -Whoever, knowing or
having reason to believe that an offence has been committed, intentionally
omits to give any information respecting that offence which he is legally bound
to give, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.


203. Giving
false information respecting an offence committed: -
Whoever knowing or having
reason to believe that an offence has been committed, gives any information
respecting that offence which he knows or believes to be false, shall be
punished with imprisonment of either
description for a term which may extend to two year, or with fine, or with
both.


1[Explanation: - In sections
201 and 202 and in this section the word “offence” includes any act committed
at any place out of 2[India],
which, if committed in 2[India],
would be punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397 398, 399, 402, 435, 436, 449, 450, 457, 458, 459
and 460.]


1. Added by Act 3 of 1894, sec.6.


2.
The words “British India” have
successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3
and sch. to read as above.


204. Destruction
of document to prevent its production as evidence: -
Whoever secretes or destroys
any document which he may be lawfully compelled to produce as evidence in a
Court of Justice, or in any proceeding lawfully held before a public servant as
such, or obligates or renders illegible the whole or any part of such document
with the intention of prevention the same from being produced or used as
evidence before such Court or public servant as aforesaid, or after he shall
have been lawfully summoned or required to produce the same for that purpose,
shall be punishable with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.


205. False personation for purpose
of act or proceeding in suit or prosecution: -
Whoever falsely personates
another, and in such assumed character makes any admission or statement, or
confesses judgment, or causes any process to be issued or becomes bail or
security, or does any other act in any suit or criminal prosecution, shall be
punished with imprisonment of either description for a term which may extend to
three years or with fine, or with both.


206. Fraudulent removal or
concealment of property to prevent its seizure as forfeited or in execution: -
Whoever fraudulently
removes, conceals, transfers or delivers to any person any property or any
interest therein, intending thereby to prevent that property or interest
therein from being taken as a forfeiture or in satisfaction of a fine, under a
sentence which has been pronounced, or which he knows to be likely to be
pronounced, by a Court of Justice or other competent authority, or from being
taken in execution of a decree or order which has been made, or which he knows
to be likely to be made by a Court of Justice in a civil suit, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.


207. Fraudulent claim to
property to prevent its seizure as forfeited or in execution:
- Whoever fraudulently
accepts, receives or claims any property or any interest therein, knowing that
he has no right or rightful claim to such property or interest, or practices
any deception touching any right to any property or any interest therein,
intending thereby to prevent that property or interest therein from being taken
as a forfeiture or a satisfaction of a fine, under a sentence which has been
pronounced, or which he knows to be likely to be pronounced by a Court of
Justice or other competent authority, or from being taken in execution of a
decree or order which has been made or which knows to be likely to be made by a
Court of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.


208. Fraudulently suffering
decree for sum not due: -
Whoever fraudulently causes or suffer a decree or order to be passed
against him at the suit of any person for a sum not due or for a larger sum
that is due to such person or for any property or interest or property to which
such person is not entitled, or fraudulently causes or suffers a decree order
to be executed against him after it has been satisfied, or for anything in
respect of which it has been satisfied, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.


Illustration


A institutes a suit against
Z. Z knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B,
who has no just claim against him, in order that B, either on his own account
or for the benefit of Z, may share in the proceeds of any sale of Z’s property
which may be made under A’s decree. Z has committed an office under this
section.


209. Dishonestly making
false claim in Court: -
Whoever fraudulently or dishonestly, or with intent to injure or any
person, makes in a Court of Justice any claim which he knows to be false, shall
be punished with imprisonment of either description for a term which may extend
to two years, and shall also be liable to fine.


210. Fraudulently obtaining
decree for sum not due
:- Whoever fraudulently obtains a decree or order against any person
for a sum not due or for a larger sum than is due, or for any property or
interest in property to which he is not entitled, or fraudulently causes a
decree or order to be executed against any person after it has been satisfied
or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.


211. False charge of
offence made with intent to injure:-
whoever, with intent to cause injury to any person,
institutes or causes to be instituted any criminal proceeding against that
person, or falsely charges any person with having committed an offence, knowing
that there is no just or lawful ground for such proceeding or charge against
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;


And if such criminal
proceeding be instituted on a false charge of an offence punishable with death 1[imprisonment for life], or imprisonment
for seven years or upwards, shall be punishable with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.


1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).


212. Hrbouring offender: - Whenever an offence has been
committed, whoever harbours or conceals a person whom he knows or has reasons to
believe to be the offender, with the intention of screening him from legal
punishment;


If a capital offence: - shall, if the offence is
punishable with death, be punished with imprisonment of either description for
a term which may extend to five years, and shall also be liable to fine;


If punishable with imprisonment for life, or with imprisonment: - and if the offence is
punishable with 1[imprisonment
for life], or with imprisonment which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;


And if the offence is
punishable with imprisonment which may extend to one year, and not to ten
years, shall be punished with imprisonment of the description provided for the
offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.


2[“Offence” in this section
includes any act committed at any place out of 3[India],
which, if committed in 3[India],
would be punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459
and 460; and every such act shall, for the purposes of this section, be deemed
to be punishable as if the accused person had been guilty of it in 3[India].]


Exception: - This provision
shall not extend to any case in which the harbour or concealment is by the
husband or wife of the offender.


Illustration


A, knowing that B has
committed dacoity, knowingly conceals B in order to screen him from legal
punishment. Here, as B is liable to 1[imprisonment
for life], A is liable to imprisonment of either description for a term not
exceeding three years, and also liable to fine.


1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).


2. Ins. by Act 3 of
1894, sec.7.


3. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch. to read as above.


213. Taking gift, etc., to
screen an offender from punishment: -
Whoever accepts or attempts to obtain, or agrees to
accept, any gratification for himself or any other person, or any restitution of
property to himself or any other person, in consideration of his concealing an
offence or of his screening any person from legal punishment for any offence,
or of his not proceeding against any person for the purpose of bringing him to
legal punishment.


If a capital offence:- shall,
if the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine;


If punishable with imprisonment for life, or with imprisonment: - and if the offence is
punishable with 1[imprisonment
for life], or with imprisonment which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;


And if the offence is
punishable with 1[imprisonment
not exceeding to ten], or with years, shall be punished with imprisonment of
the description provided for the offence for a term which may extend to
one-fourth part of the longest term of imprisonment provided for the offence,
or with fine, or with both.


1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).


214. Offering gift or
restoration of property in consideration of screening offender
: - Whoever gives or causes, or
offers or agrees to give or cause, any gratification to any person, 1[restores or causes the restoration of] any
property to any person, in consideration of that person’s concealing an
offence, or of his screening my person from legal punishment for any offence,
or of his not proceeding against any person for the purpose of bringing him to
legal punishment;


If a capital offence: - shall, if the offence is punishable with death, be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;


If punishable with imprisonment for life, or with imprisonment: - and if the offence is
punishable with 2[imprisonment
for life], or with imprisonment which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;


And if the offence is
punishable with imprisonment not exceeding to ten years shall be punished with
imprisonment of the description provided for the offence for a term which may
extend to one-fourth part of the longest term of imprisonment provided for the
offence, or with fine, or with both.


3[Explanation:- The provisions of sections 213 and 214 do
not extend to any case in which the offence may lawfully be compounded.]


4 [* * *]


1. Subs. by Act 42 of
1953, sec. 4 and Sch. III, for “to restore or cause the restoration”.


2. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).


3. Subs. by Act 8 of 1882, sec. 6, for the original Exception.


4. Illustrations rep. By
Act 10 of 1882, sec, 2 and sch.I.


215. Taking gift to help to
recover stolen property, etc
.: - Whoever takes or agrees or consents to take
any gratification under pretence or on account of helping any person to recover
any movable property of which he shall have been deprived by any offence
punishable under this Code, shall, unless he uses all means in his power to
cause the offender to be apprehended and convicted of the offence, be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.


216. Harbouring offender
who has escaped from custody or whose apprehension has been ordered: -
Whenever any person convicted
of or charged with an offence, being in lawful custody for that offence,
escapes from such custody;


Or whenever a public
servant, in the exercise of the lawful powers of such public servant, orders a
certain person to be apprehended for an offence, whoever, knowing of such
escape or order for apprehension, harbours of conceals that person which the
intention of preventing him from being apprehended, shall be punished in the
manner following that is to say: -


If a capital offence: - If the offence for which the person was in custody
or is ordered to be apprehended is punishable with death, he shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;


If punishable with imprisonment for life, or with imprisonment: - If the offence is punishable
with 1[imprisonment for life],
or with imprisonment for ten years, he shall be punished with imprisonment of
either description for a term which may extend to three years, with or without
fine.


And if the offence is
punishable with imprisonment which may extend to one year and not to ten years,
he shall be punished with imprisonment of the description provided for the
offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.


2[“Offence” in this section
includes also any act or omission of which a person is alleged to have been
guilty out of 3[India], which,
if he had been guilty of it in 3[India],
would have been punishable as an offence, and for which he is, under any law
relating to extradition, 4[***]
or otherwise, liable to be apprehended or detained in custody in 3[India]; and every such act or omission
shall, for the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in 3[India].]


Exception: - This provision does not extend to he case in
which the harbour or concealment is by the husband or wife of the person to be
apprehended.


1. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).


2. Ins. by Act 10 of
1886, sec. 23.


3. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch. to read as above.


4. The words “or under the Fugitive Offenders Act, 1881,” omitted
by Act 3 of 1951, sec.3 and sch.


1[216A. Penalty for harbouring robbers or dacoits: - Whoever,
knowing or having reason to believe that any persons are about to commit or have
recently committed robbery or dacoity, harbours them or any of them, with the
intention of facilitating the commission of such robbery or dacoity or of
screening them or any of them from punishment, shall be punished with rigorous
imprisonment for a term which may extend to seven years, and shall also be
liable to fine.


Explanation:- For the purposes of this section it is
immaterial whether the robbery or dacoity is intended to be committed, or has
been committed, within or without 2[India]


Exception: - This provision does not extend to the case
in which the harbour is by the husband or wife of the offender.]


1. Ins. by Act 3 of
1894, sec. 8.


2. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch. to read as above.


1[216B. Definition
of “harbour” in sections 212, 216 and 216A
- [Rep. by the Indian Penal Code (Amendment)
Act, 1942 (8 of 1942), sec. 3.]]


1. Ins. by Act 3 of
1894, sec.8.


217. Public servant
disobeying direction of law with intent to save person from punishment or
property from forfeiture:-
Whoever, being a public servant, knowingly disobeys any direction of
the law as to the way in which he is conduct himself as such public servant,
intending thereby to save, or knowing it to be likely that he will thereby
save, any person from legal punishment, or subject him to a less punishment
than that to which he is liable, or with intent to save, or knowing that he is
likely thereby to save, any property from forfeiture or any charge to which it
is liable by law, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both


218. Public servant framing
incorrect record or writing with intent to save person from punishment or
property from forfeiture: -
Whoever, being a public servant, and being as such
public servant, charged with the preparation of any record or other writing,
frames that record or writing in a manner which he knows to be incorrect, with
intent to cause, or knowing it to be likely that he will thereby cause, loss or
injury to the public or to any person, or with intent thereby to save, or
knowing it to be likely that he will thereby save, any person from legal
punishment, or with intent to save, or knowing that he is likely thereby to
save, any property from forfeiture or other charge to which it is liable by
law, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.


219. Public servant in
judicial proceeding corruptly making report, etc., contrary to law: -
Whoever, being a public
servant, corruptly or maliciously makes or pronounces in any stage of a judicial
proceeding, any report, order, verdict, or decision which he knows to be
contrary to law, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine, or with both.


220. Commitment for trial or
confinement by person having authority who knows that he is acting contrary to
law: -
Whoever,
being in any office which gives legal authority to commit persons for trial or
to commitment, or to keep persons in confinement, corruptly or maliciously commits
any person for trial or to confinement, or keeps any person in confinement, in
the exercise of that authority knowing that in so doing he is acting contrary
to law, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.


221. Intentional omission
to apprehend on the part of public servant bound to apprehend: -
Whoever, being a public
servant, legally bound as such public servant to apprehend or to keep in
confinement any person charged with or liable to apprehended for an offence,
intentionally omits to apprehend such person, or intentionally suffers such
person to escape, or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is to say:-


With imprisonment of either
description for a term which may extend to seven years, with or without fine,
if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with
death; or


With imprisonment of either
description for a term which may extend to three years, with or without fine,
if the person in confinement or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with 1[imprisonment for life] or imprisonment for
a term which may extend to ten years; or


With imprisonment of either
description for a term which may extend to two years, with or without fine, if
the person in confinement, or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with imprisonment
for a term less than ten years.


1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956 ).


222. Intentional omission
to apprehend on the part of public servant bound to apprehend person under
sentence or lawfully committed:-
Whoever, being a public
servant, legally bound as such public servant
to apprehend or to keep in
confinement any person under sentence of a Court of Justice for any offence 1[or lawfully committed to custody],
intentionally omits to apprehend such person, or intentionally suffers such
person to escape, or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is to say:-


With 2[imprisonment of life] or with imprisonment
of either description for a term which may extend to fourteen years, with or
without fine, if the person in confinement, or who ought to have been
apprehended, is under sentence of death; or


With imprisonment of either
description for a term which may extend to seven years, with or without fine,
if the person in confinement or who ought to have been apprehended, is subject,
by a sentence of a Court of Justice, or by virtue of a commutation of such
sentence, to 3[imprisonment
for life] 4[***] 5[***] 6[***] 7[***] or imprisonment for a
term of ten years or upwards; or


With imprisonment of either description
for a term which may extend to two years, or with fine, or with both, if the
person in confinement, or who ought to have been apprehended is subject, by a
sentence of a Court of Justice, to imprisonment for a term not exceeding to ten
years 8[or if the person was
lawfully committed to custody].


1. Ins. by Act 27 of 1870, sec. 8.


2. Subs. Act 26 of 1955, Sec. 117 and Sch., for “transportation
for life” (w.e.f. 1.1.1956).


3. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956.)


4. The words “or penal
servitude for life” omitted by Act 17 of 1949, sec.2 (w.e.f. 6-4-1949).


5. The words “or to”
omitted by Act 36 of 1957, sec.3 and sch.II.


6. The word
“transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f. 1-1-1956).


7. The words “or penal
servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).


8. Ins. by Act 27
of 1870, sec.8.


223. Escape from
confinement or custody negligently suffered by public servant: -
Whoever, being a public servant
legally bound as such public servant to keep in confinement any person charged
with or convicted of any offence 1[or
lawfully committed to custody], negligently suffers such person to escape from
confinement, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.


1. Ins. by Act 27 of
1870, sec. 8.


224. Resistance or
obstruction by a person to his lawful apprehension: -
Whoever intentionally offers
any resistance or illegal obstruction to the lawful apprehension of himself for
any offence with which he is charged or of which he has been convicted, or
escapes or attempts to escape from custody in which he is lawfully detained for
any such offence, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.


Explanation: - The
punishment in this section is in addition to the punishment for which the
person to be apprehended or detained in custody was liable for the offence with
which he was charged, or of which he was convicted.


225. Resistance or
obstruction to lawful apprehension of another person: -
Whoever intentionally offers
any resistance or illegal obstruction to the lawful apprehension of any other
person for an offence, or rescues or attempts to rescue any other person from
any custody in which that person is lawfully detained for an offence, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both;


Or, if the person to be
apprehended, or the person rescued or attempted to be rescued, is charged with
or liable to be apprehended for an offence punishable with 1[imprisonment for life] or imprisonment for
a term which may extend to ten years, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also
be liable to fine;


Or, if the person to be
apprehended, or the person attempted to be rescued, is charged with or liable to
be apprehended for an offence punishable with death, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine;


Or, if the person to be
apprehended or rescued, or attempted to be rescued, is liable under the
sentence of a Court of Justice, or by virtue of a commutation of such a
sentence, to 1[imprisonment
for life] 2[***] 3[***] 4[***]
or imprisonment, for a term of ten years or upwards, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine;


Or, if the person to be
apprehended or rescued, or attempted to be rescued, is under sentence of death,
shall be punished with 1[imprisonment
for life] or imprisonment of either description for a term not exceeding ten
years, and shall also be liable to fine


1. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation
for life” (w.e.f. 1-1- 1956).


2. The words “or to”
omitted by Act of 36 of 1957, sec.3 and sch.II.


3. The word
“transportation” omitted by Act 26 of 1955, sec.117 and sch.(w.e.f.1-1-1956).


4. The words “penal
servitude” omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).


1[225A:-Omission
to apprehend, or sufferance of escape on part of public servant in cases not
otherwise, provided for:
- Whoever, being a public servant legally bound as
such public servant to apprehend, or to keep in confinement, any person in any
case not provided for in section 221, section 222 or section 223, or in any other
law for the time being in force, omits to apprehend that person or suffers him
to escape from confinement, shall be punished: -


(a) If
he does so intentionally, with imprisonment of either description of either
description for a term which may extend to three years, or with fine, or with
both; and


(b) If he does so negligently, with simple
imprisonment for a term which may extend to two years, or with fine, or with
both.


1. Sections 225A and
225B subs. by Act 10 of 1886, sec. 24(1), for section 225A which had been ins.
by Act 27 of 1870, sec. 9.


225B. Resistant or obstruction
to lawful apprehension, or rescue in cases not otherwise provided for: -
Whoever,
in any case not provided for in section 224 or 225 or in any other law for the time
being in force, intentionally offers any resistance or illegal obstruction to
the lawful apprehension of himself or of any other person, or escape or
attempts to escape from any custody in which he is lawfully detained, or
rescues or attempts to rescue any other person from any custody in which that
person is lawfully detained, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.]


226. Unlawful
return from transportation: -
[Rep. by the Code of Criminal Procedure (Amendment)
Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f. 1.1.1956).]


227. Violation
of condition of remission of punishment: -
Whoever, having accepted any conditional
remission of punishment, knowingly violates any condition on which such
remission was granted, shall be punished with the punishment to which he was
originally sentenced, if he has already suffered no part of that punishment,
and if he has suffered any part of that punishment, then with so much of that
punishment as he has not already suffered.


228. Intentional
insult or interruption to public servant sitting in judicial proceeding: -
Whoever intentionally offers
any insult, or causes any interruption to any public servant, while such public
servant is sitting in any stage of a judicial proceeding, shall be punished
with simple imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.


1[228A. Disclosure of
identity of the victim of certain offences etc.: -


(1) Whoever
prints or publishers the name or any matter which may make known the identity
of any person against whom an offence under section 376, section 376A, section
376B, section 376C, or section 376D 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


(b)
By, or with authorization in writing
of, the victim; or


(c) Where the victim is dead or minor or of
unsound mind, by, or with the authorization in writing of, the next of kin of
the victim:


Provided that no such
authorization shall be given by the next of kin to anybody other than the
chairman or the secretary, by whatever name called, of any recognized welfare
institution or organization.


Explanation:- For the
purpose of this section, “recognized welfare institution or organization” means
a social welfare institution or organization recognized in this behalf by the
Central or State Government.


(3) Whoever prints or publishes any matter in
relation to any proceeding before a court with respect to an offence referred
to in sub-section (1) 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.]


1. Ins. by Act 43 of
1983, sec.2.


229. Personation
of a juror or assessor: -
Whoever by personation or otherwise, shall intentionally cause, or
knowingly suffer himself to be returned, empanelled or sworn as a juryman or
assessor in any case in which he knows that he is not entitled by law to be so
returned, empanelled or sworn, or knowing himself to have been so returned,
empanelled or sworn contrary to law, shall voluntarily serve on such jury or as
such assessor, 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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