Sections 268 to 294A


THE INDIAN PENAL CODE, 1860


CONTENTS


CHAPTER XIV


OF OFFENCES
AFFECTING THE PUBLIC HEALTH, SAFETY,


CONVENIENCE,
DECENCY AND MORALS


268. Public
nuisance


269. Negligent
act likely to spread infection of disease dangerous to life


270. Malignant
act likely to spread infection of disease dangerous to life


271. Disobedience
to quarantine rule


272. Adulteration
of food or drink intended for sale


273. Sale of
noxious food or drink


274. Adulteration
of drugs


275. Sale of
adulterated drugs


276. Sale of
drug as a different drug or preparation


277. Fouling
water of public spring or reservoir


278. Making
atmosphere noxious to health


279. Rash
driving or riding on a public way


280. Rash
navigation of vessel


281. Exhibition
of false light, mark or buoy


282. Conveying
person by water for hire in unsafe or overloaded vessel


283. Danger
or obstruction in public way or l9ine of navigation


284. Negligent
conduct with respect to poisonous substance


285. Negligent
conduct with respect to fire or combustible matter


286. Negligent
conduct with respect to explosive substance


287. Negligent
conduct with respect to machinery


288. Negligent
conduct with respect to pulling down or repairing buildings


289. Negligent
conduct with respect to animal


290. Punishment
for public nuisance in cases not otherwise provided for


291. Continuance
of nuisance after injunction to discontinue


292. Sale,
etc., of obscene books, etc.


292A. Printing,
etc., of grossly indecent or securrilous matter or matter intended for
blackmail


293. Sale,
etc. of obscene objects to young person


294. Obscene
acts and songs


294A. Keeping lottery-office


CHAPTER XIV


OF OFFENCES
AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS


268. Public
nuisance
:--A
person is guilty of a public nuisance who does not act or is guilty of an
illegal omission which causes any common injury, danger or annoyance to the public
or to the people in general who dwell or occupy property in the vicinity, or
which must necessarily cause injury,
obstruction, danger or annoyance to persons who may have occasion to use any
public right.


A common nuisance is not
excused on the ground that it causes some convenience or advantage.


269. Negligent
act likely to spread infection of disease dangerous to life
: --Whoever unlawfully or
negligently does any act which is, and which he knows or has reason to believe to
be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to
six month, or with fine, or with both.


270. Malignant
act likely to spread infection of disease dangerous to life
: -- Whoever malignantly
does any act which is, and which he knows or has reason to believe to be,
likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.


271. Disobedience
to quarantine rule
:-- Whoever knowingly disobeys any rule made and promulgated 1[by
the 2[* * *] Government 3[* * *] for putting any vessel into a state
of quarantine, or for regulating the intercourse of vessels in a state of
quarantine with the shore or with other vessels, or for regulating the
intercourse between places where an infectious disease prevails and other
places, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.


1. Subs. by the A.O. 1937, for “by the G. of I., or by any
Government”.


2. The words “Central or any Provincial” omitted by the A.O. 1950.


3. The words “or the
Crown Representative” omitted by the
A.O. 1948.


272. Adulteration
of food or drink intended for sale
:-- Whoever adulterates any article of food or
drink, so as to make such article noxious as food or drink, intending to sell
such article as food or drink, or knowing it to be likely that the same will be
sold as food or drink, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.


STATE AMENDMENTS


State of Uttar
Pradesh: --


In Sections 272, 273, 274,
275 and 276 for the words “shall be punished with imprisonment or either
description for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both” the following shall be substituted,
namely: -


“Shall be punished with
imprisonment for life and shall also be liable to fine:


Provided that the Court may,
for adequate reason to be mentioned in the judgment, impose a sentence of
imprisonment which is less than imprisonment for life.”


[Vide:
U.P. Act No. 47 of 1975].


State of West
Bengal:


In its application to the
State of West Bengal in Sections 272, 273, 274, 275 and 276 for the words “of
either description for a term which may extend to six month, or with fine which
may extend to one thousand rupees, or with both” the following shall be
substituted, namely: -


“For life with or without
fine:


Provided that the Court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment which is less than imprisonment for life.”


[Vide W.B. Act No. 42 of
1973 (w.e.f. 29-4-1973)].


273. Sale
of noxious food or drink
: -- Whoever sells, or offers or exposes for sale, as food or drink,
any article which has been rendered or has become noxious, or is in a state
unfit for food or drink, knowing or having reason to believe that the same is
noxious as food or drink, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.


274. Adulteration
of drugs
: -
Whoever adulterates any drug or medical preparation in such a manner as to
lessen the efficacy or change the operation of such drug or medical
preparation, or to make it noxious, intending that it shall be sold or used
for, or knowing it to be likely that it will be sold or used for, any medicinal
purpose, as if it had not undergone such adulteration, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.


275. Sale
of adulterated drugs
:-- Whoever, knowing any drug or medical preparation to have been adulterated
in such a manner as to lessen its efficacy, to change its operation, or to
render it noxious, sells the same, or offers or exposes it for sale, or issues
it from any dispensary for medicinal purposes as unadulterated, or causes it to
be used for medicinal purposes by any person not knowing of the adulteration,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both.


276. Sale
of drug as a different drug or preparation
: -- Whoever knowingly sells, or offers or
exposes for sale, or issues from a dispensary for medicinal purposes, any drug
or medical preparation, as a different drug or medical preparation, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.


277. Fouling
water of public spring or reservoir
: -- Whoever voluntarily corrupts or fouls the water
of any public spring or reservoir, so as to render it less fit for the purpose
for which it is ordinarily used, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both.


278. Making
atmosphere noxious to health
: - Whoever voluntarily vitiates the atmosphere in
any place so as to make it noxious to the health of persons in general dwelling
or carrying on business in the neighbourhood or passing along a public way,
shall be punished with fine which may extend to five hundred rupees.


279. Rash
driving or riding on a public way
: -- Whoever drives any vehicle, or rides, on any
public way in a manner so rash or negligent as to endanger human life, or to be
likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.


280. Rash
navigation of vessel
: -- Whoever navigates any vessel in a manner so rash or negligent as
to endanger human life, or to be likely to cause hurt or injury to any other
person, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.


281. Exhibition
of false light, mark or buoy
: - Whoever exhibits any false light, mark or buoy,
intending or knowing it to be likely that such exhibition will mislead any
navigator, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.


282. Conveying
person by water for hire in unsafe or overloaded vessel
: -- Whoever knowingly or negligently conveys, or
causes to be conveyed for hire, any person by water in any vessel, when that
vessel is in such a state or as loaded as to endanger the life of that person ,
shall be punished with imprisonment or either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both.


283. Danger
or obstruction in public way or line of navigation
: -- Whoever, by doing any
act, or by omitting to take order with any property in his possession or under
his charge, causes danger, obstruction or injury to any person in any public
way or public line of navigation, shall be punished with fine which may extend
to two hundred rupees.


284. Negligent
conduct with respect to poisonous substance
: -- Whoever does, with any poisonous
substance, any act in a manner so rash or negligent as to endanger human life,
or to be likely to cause hurt or injury to any person,


Or knowingly or negligently
omits to take such order with any poisonous substance in his possession as is
sufficient to guard against any probable danger to human life from such
poisonous substance,


Shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.


285. Negligent
conduct with respect to fire or combustible matter
: -- Whoever does, with fire
or any combustible matter, any act so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other person,


Or knowingly or negligently
omits to take such order with any fire or any combustible matter in his
possession as is sufficient to guard against any probable danger to human life
from such fire or combustible matter,


Shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.


286. Negligent
conduct with respect to explosive substance
: -- Whoever does, with any explosive
substance, any act so rashly or negligently as to endanger human life, or to be
likely to cause hurt or injury to any other person,


Or knowingly or negligently
omits to take such order with any explosive substance in his possession as is
sufficient to guard against any probable danger to human life from that
substance,


Shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.


287. Negligent
conduct with respect to machinery
: --Whoever does, with any machinery, any act so
rashly or negligently as to endanger human life or to be likely to cause hurt
or injury to any other person,


Or knowingly or negligently
omits to take such order with any machinery in his possession or under his care
as is sufficient to guard against any probable danger to human life from such
machinery,


Shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.


288. Negligent
conduct with respect to pulling down or repairing buildings
: -Whoever, in pulling down
or repairing any building, knowingly or negligently omits to take such order
with that building as is sufficient to guard against any probable danger to
human life from the fall of that building, or of any part thereof, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.


289. Negligent
conduct with respect to animal
: -- Whoever knowingly or negligently omits to take
such order with any animal in his possession as is sufficient to guard against
any probable danger to human life, or any probable danger of grievous hurt from
such animal, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.


290. Punishment
for public nuisance in cases not otherwise provided for
: -- Whoever commits a
public nuisance in any case not otherwise punishable by this Code, shall be
punished with fine which may extend to two hundred rupees.


291. Continuance
of nuisance after injunction to discontinue
: - Whoever repeats or continues a public
nuisance, having been enjoined by any public servant who has lawful authority
to issue such injunction not to repeat or continue such nuisance, shall be
punished with simple imprisonment for a term which may extend to six months, or
with fine, or with both.


1[292. Sale, etc., or
obscene books, etc.
: -


2[(1) For the purposes of
sub-section (2), a book, pamphlet, paper, writing, drawing, painting,
representation, figure or any other object, shall be deemed to be obscene if it
is lascivious or appeals to the prurient interest or if its effect, or (where
it comprises two or more distinct items) the effect of any one of its items,
is, if taken as a whole, such as to tend to deprave and corrupt persons who are
likely, having regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it.]


3[(2)] Whoever—


(a) Sells, lets to hire, distributes, publicly
exhibits or in any manner puts into circulation, or for purposes of sale, hire,
distribution, public exhibition or circulation, makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing, painting, representation
or figure or any other obscene object whatsoever, or


(b) Imports, exports or conveys any obscene
object for any of the purposes aforesaid, or knowing or having reason to
believe that such object will be sold, let to hire, distributed or publicly
exhibited or in any manner put into circulation, or


(c)
Takes part in or receives profits
from any business in the course of which he knows or has reason to believe that
any such obscene objects are, for any of the purposes aforesaid, made,
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or
in any manner put into circulation, or


(d) Advertises or makes known by any means
whatsoever that any person is engaged or is ready to engage in any act which is
an offence under this section, or that any such obscene object can be procured
from or through any person, or


(e) Offers or attempts to do any act which is
an offence under this section,


Shall be punished 4[on first conviction with imprisonment of
either description for a term which may extend to two years, and with fine
which may extend to two thousand rupees, and, in the event of a second or
subsequent conviction, with imprisonment of either description for a term which
may extend to five years, and also with fine which may extend to five thousand
rupees].


5[Exception—This section does
not extend to—


(a) Any
book, pamphlet, paper, writing, drawing, painting, representation or figure—


(i) The publication of which is proved to be
justified as being for the public good on the ground that such book, pamphlet,
paper, writing, drawing, painting, representation or figure is in the interest
of science, literature, art of learning or other objects of general concern, or


(ii) Which is kept or used bona fide for
religious purposes;


(b) Any
representation sculptured, engraved, painted or otherwise represented on or in—


(i)
Any ancient monument within the
meaning or the Ancient Monuments and Archaeological Sites and Remains Act, 1958
(24 of 1958), or


(ii)
Any temple, or on any car used for
the conveyance of idols, or kept or used for any religious purpose.]]


STATE AMENDMENTS


State of Orissa;


Same as in Tamil Nadu [Vide
Orissa Act No. 13 of 1962]


State of Tamil
Nadu:


In Section 292 the words
“shall be punished with imprisonment of either description for a term which may
extend to three months or with fine or with both” substitute the following,
namely: --


“Shall be punished with
imprisonment of either description for a term which may extend to two years or
with fine or with both:


Provided that for a second or
any subsequent offence under this section, he shall be punished with
imprisonment of either description for a term which shall not bee less than six
months and not more than two years and with fine.”


[Vide T.N. Act No. 25 of
1960]


State of Orissa:


Section 292A


Same as in Tamil Nadu [Vide
Orissa Act No. 13 of 1962]


State of Tamil
Nadu:


Add after Section 292 the
following new section namely: -


1. Subs. by Act 8 of 1925, s. 2, for the original section.


2. Ins. by Act 36 of 1969, s. 2.


3. S. 292 renumbered as sub-section (2) of that section by Act 36 of
1969, s. 2..


4. Subs. by Act 36 of
1969, sec.2, by certain words.


5. Subs. by Act 36 of
1969, sec.2 for Exception


292A. Printing etc. of grossly indecent or
scurrilous matter or matter intended for blackmail
: -Whoever, -


(a) Prints or causes to be printed in any
newspaper, periodical or circular, or exhibits or causes to be exhibited, to
public view or distributes or causes to be distributed or in any manner puts into
circulation any picture or any printed or written document which is grossly
indecent, or in scurrilous or intended for blackmail, or


(b) Sells or lets for hire, or for purposes of
sale or hire makes, produces or has
in his possession, any picture or any printed or written document which is
grossly indecent or is scurrilous or intended for blackmail; or


(c)
Conveys any picture or any printed or
written document which is grossly indecent or is scurrilous or intended for
blackmail knowing or having reason to believe that such picture or document
will be printed, sold, let for hire distributed or publicly exhibited or in any
manner put into circulation; or


(d) Takes part in, or receives profits from,
any business in the course of which he knows or has reason to believe that any
such newspaper, periodical, circular, picture or other printed or written
document is printed, exhibited, distributed, circulated, sold, let for hire,
made, produced, kept, conveyed or purchased; or


(e)
Advertises or makes known by any
means whatsoever that any person is engaged or is ready to engage in any Act
which is an offence under this section, or that any such newspaper, periodical,
circular, picture or other printed or written document which is grossly
indecent or is scurrilous or intended for blackmail, can be procured from or
through any person; or


(f) Offers or attempts to do any act which is
an offence under this section *[shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.


Provided that for a second
or any subsequent offence under this section, he shall be punished with
imprisonment of either description for a term which shall not be less than six
months *[and not more than two years].


Explanation I—For the
purposes of this section, the word scurrilous shall be deemed to include any
matter which is likely to be injurious to morality or is calculated to injure
any person:


Provided that it is not
scurrilous to express in good faith anything whatever respecting the conduct
of—


(i) A public servant in the discharge of his
public functions or respecting his character, so far as his character appears
in that conduct and no further; or


(ii) Any person touching any public question,
and respecting his character, so far as his character appears in that conduct
and no further.


Explanation II—In deciding
whether any person has committed an offence under this section, the Court shall
have regard inter alia, to the following considerations-


(a) The general character of the person
charged, and where relevant the nature of his business;


(b) The general character and dominant effect
of the matter alleged to be grossly indecent or scurrilous or intended for
blackmail;


(c) Any evidence offered or called by or on
behalf of the accused person as to his intention in committing any of the acts
specified in this section.


[Vide T.N. Act No. 25 of
1960]


*Subs. by T.N. Act No.30 of 1984


*. Ins. by T.N. Act No.
30 of 1984.


1[293. Sale, etc., of obscene
objects to young person
:--Whoever sells, lets to hire, distributes,
exhibits or circulates to any person under the age of twenty years any such
obscene object as is referred to in the last preceding section, or offers or
attempts so to do, shall be punished 2[on
first conviction with imprisonment of either description for a term which may
extend to three years, and with fine which may extend to two thousand rupees,
and, in the event of a second or subsequent conviction, with imprisonment of
either description for a term which may extend to seven years, and also with
fine which may extend to five thousand rupees].]


1. Subs. by Act 8 of
1925, sec.2, for the original section.


2. Subs. by Act 36 of 1969, sec.2 for certain words.


STATE AMENDMENTS


State of Orissa :


Same as in Tamil Nadu [Vide
Orissa Act No.13 of 1962].


State of Tamil
Nadu:


In Section 293—


(a) For the words “any such obscene object as
is referred to in the last preceding section” the words, figures and letter “any
such obscene object as is referred to in Section 292 or any such newspaper,
periodical, circular, picture or other printed or written document as is
referred to in Section 292-A” shall be substituted;


(b) For the words “which may extend to six
months” the words “which may extend to three years” shall be substituted;


(c) In the marginal note, after the words
“obscene objects” the words “any grossly indecent or scurrilous matter intended
for blackmail shall be inserted.”


[Vide T.N. Act No. 25 of
1960].


1[294. Obscene acts and
songs
:- Whoever, to the annoyance of others-


(a) Does any obscene act in any public place,
or


(b) Sings, recites or utters any obscene song,
balled or words, in or near any public place,


Shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine, or with both.]


1. Subs. by Act 3 of
1895, sec.3 for the original section.


1[294A. Keeping lottery
office
: -Whoever keeps any office or place for the purpose of drawing
nay lottery 2[not
being 3[a State lottery] or a
lottery authorized by the 4[State]
Government], shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.


And whoever publishes any
proposal to pay any sum, or to deliver any goods, or to do or forbear doing
anything for the benefit of any person, on any event or contingency relative or
applicable to the drawing of any ticket, lot, number of figure in any such
lottery, shall be punished with fine which may extend to one thousand rupees.]


STATE AMENDMENTS


State of Andhra
Pradesh:


In
Andhra Pradesh, Section 294-A repealed.


[Vide Andhra Pradesh Act No.
16 of 1968, Section 27.]


State of Gujrat:


In
Gujarat, Section 294-A repealed


[Vide Bombay Act No. 82 of
1958].


State of
Karnataka:


In
Karnataka area except Bellary District Section 294-A repealed


[Vide Kar. Act No. 27 of
1957]


State of
Maharashtra:


In
Maharashtra, Section 294-A repealed.


[Vide Bombay Act No. 82 of
1958].


1. Ins. by Act 27 of
1870, sec. 10.


2. Subs. by the A. O.
1937, for “not authorized by Government”.


3. Subs. by Act 3 of
1951, sec.3 and sch., for “a lottery organized by the Central Government or the
Government of a Part B State”.


4. Subs. by the
A.O.1950, for “Provincial”.


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