Sections 503 to 511

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT
AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke breach of the peace

505. Statement conducing to public mischief.

Statements creating or
promoting enmity, hatred or ill-will between classes

Offence under
sub-section (2) committed in place of worship, etc

506. Punishment
for criminal intimidation

If threat be to cause
death or grievous hurt, etc.

507. Criminal intimidation by an anonymous communication

508. Act caused by inducing person to believe that he will be rendered
an object of the Divine displeasure

509. Word,
gesture or act intended to insult the modesty of a woman

510. Misconduct in public by a drunken person

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

511. Punishment for attempting to commit offences punishable with
imprisonment for life or other imprisonment

CHAPTER XXII

OF CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation: -

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation—A threat to
inure the reputation of any deceased person in whom the person threatened is
interested, is within this section.

Illustration

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s
house. A is guilty of criminal intimidation.

504. Intentional insult with intent to provoke breach of the peace: -- Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

¹[505. Statements conducing to public mischief: --

²[(1)] Whoever makes, publishes or
circulates any statement, rumour or report, -

(a) With intent to cause, or which is likely
to cause, any officer, soldier, ³[sailor
or airman] in the Army, ⁴[Navy
or Air Force] ⁵[of India] to
mutiny or otherwise disregard or fail in his duty as such; or

(b) With intent to cause, or which is likely
to cause, fear or alarm to the public, or to any section of the public whereby
any person may be induced to commit an offence against the State or against the
public tranquility; or

(c) With intent to incite, or which is likely
to incite, any class or community or persons to commit any offence against any
other class or community;

Shall be punished with
imprisonment which may extend to ⁶[three years], or with fine, or with both.

⁷[(2) Statements creating or promoting enmity, hatred or ill-will
between classes: - Whoever makes, publishes or circulates any
statement or report containing rumour or alarming news with intent to create or
promote, or which is likely to create or promote, on grounds of religion, race,
place of birth, residence, language, caste or community or any other ground
whatsoever, feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities, shall be punished
with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship,
etc.: -- Whoever commits an offence specified in sub-section (2) in
any place of worship or in an assembly engaged in the performance or religious
worship or religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.]

Exception—It does not amount
to an offence, within the meaning of this section, when the person making, publishing
or circulating any such statement, rumour or report, has reasonable grounds for
believing that such statement, rumour or report is true and makes, publishes or
circulates it ⁷[in good faith
and] without any such intent as aforesaid.]

1. Subs. by Act 4 of 1898, s. 6, for the
original section.

2. Section 505 was renumbered as
sub-section (1) of that section by Act 35 of 1969, sec. 3.

3. Subs. by Act 10 of 1927, s. 2 and Sch.
I, for “or sailor”.

4. Subs. by s. 2 and Sch. I, ibid., for “or
Navy”.

5. Subs. by the A.O. 1950 for “of Her
Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian
Marine” occurring after the word “Majesty” were omitted by Act 35 of 1934, s. 2
and Sch.

6.
Subs. by Act 41 of 1961, s. 4, for
“two years”.

7.
Ins. by Act 35 of 1969, s. 3.

506. Punishment for criminal intimidation: --Whoever commits, the
offence of criminal intimidation shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both;

If threat be to
cause death or grievous hurt, etc.: --and if the threat be to cause death or grievous
hurt, or to cause the destruction of any property by fire, or to cause an
offence punishable with death or ¹[imprisonment
for life], or with imprisonment for a term which may extend to seven years, or
to impute, unchastity to a woman, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.

STATE AMENDMENT

State of Uttar Pradesh:

—Imprisonment of
7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the
first class—Non-compoundable.

Vide
Notification No.777/VIII 9-4(2)—87, dated 31^st July, 1989, Published
in U.P. Gazette, Extra., Pt. A, sec. (kha), dated 2^nd August, 1989.

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

507. Criminal intimidation by
an anonymous communication: - Whoever commits the offence of criminal intimidation by an
anonymous communication, or having taken precaution to conceal the name or
abode of the person form whom the threat comes, shall be punished with
imprisonment of either description for a term which may extend to two years, in
addition to the punishment provided for the offence by the last preceding
section.

508. Act caused by inducing
person to believe that he will be rendered an object of the Divine displeasure: - Whoever voluntarily
causes or attempts to cause any person to do anything which that person is not
legally bound to do, or to omit to do anything which he is legally entitled to
do, by inducing or attempting to induce that person to believe that he or any
person in whom he is interested will become or will be rendered by some act of
the offender an object of Divine displeasure if he does not do the thing which
it is the object of the offender to cause him to do, or if he does the thing
which it is the object of the offender to cause him to omit, shall be punished
with imprisonment of either description for a tem which may extend to one year,
or with fine, or with both.

509. Word, gesture or act
intended to insult the modesty of a woman:- Whoever, intending to insult the modesty
of any woman, utters any word, makes any sound or gesture, or exhibits any
object, intending that such word or sound shall be heard, of that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which may extend
to one year, or with fine, or with both.

510. Misconduct in public
by a drunken person:--Whoever, in a state of
intoxication, appears in any public place, or in any place, or in any place
which it is a trespass in him to enter, and there conducts himself in such a
manner as to cause annoyance to any person, shall be punished with simple
imprisonment for a term which may extend to twenty-four hours, or with fine
which may extend to ten rupees, or with both.

CHAPTER XXIII

OF ATTEMPTS TO
COMMIT OFFENCES

511. Punishment for
attempting to commit offences punishable with imprisonment for life or other
imprisonment:- Whoever attempts to
commit an offence punishable by this Code with ¹[imprisonment
for life] or imprisonment, or to cause such an offence to be committed, and in
such attempts does any act towards the commission of the offence, shall, where
no express provision is made by this Code for the punishment of such attempt,
be punished with ²[imprisonment
of any description provided for the offence, for a term which may extend to
one-half of the imprisonment for life or, as the case may be, one-half of the
longest term of imprisonment provided for that offence], or with such fine as
is provided for the offence, or with both.

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

2. Subs. by Act 26 of 1955, sec. 117 and
Sch., for certain original words (w.e.f. 1-1-1956).

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Sections 499 to 502

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XXI

OF DEFAMATION

499. Defamation

Imputation of truth which public good requires to be made or published

Public conduct of public servant

Conduct of any person touching any public question

Publication of reports of proceedings of Courts

Merits of case decided in Court or conduct of witnesses and others concerned

Merits of public performance

Censure passed in good faith by person having lawful authority over another.

Accusation preferred in good faith to authorised person

Imputation made in good faith by person for protection of his or other's interests

Caution intended for good of person to whom conveyed or for public good

500. Punishment for defamation

501. Printing or engraving matter known to be defamatory

502. Sale of printed or engraved substance containing defamatory matter.

CHAPTER XXI

OF DEFAMATION

499. Defamation: - Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing
or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.

Explanation 1—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4—No imputation is said to harm a person's reputation, unless that imputation directly or
indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations

(a) A says—"Z is an honest man; he never stole B's watch" ; intending to cause it to be believed that Z did steal B's watch.  This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's Watch. This is defamation unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

First Exception—Imputation of truth which public good requires to be made or published: --It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception—Public conduct of Public servants:  -- It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception—Conduct of any person touching any public question: -- It is not defamation to
express in good faith any opinion whatever respecting to conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

Fourth Exception—Publication of reports of proceedings of Courts: -- It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation—A justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial
in a Court of Justice, is a Court within the meaning of the above section.

Fifth Exception—Merits of case decided in Court or conduct of witnesses and others concerned: --It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

Illustrations

(a) A says—"I think Z's evidence on that trial  is so contradictory that he must be stupid or dishonest". A is within this  exception if he says this in good faith, inasmuch as the opinion which he  express respects Z's character as it appears in Z's conduct as a witness, and  no further.

(b) But if A says—"I do not believe what Z  asserted at that trial because I know him to be a man without veracity" ; A is not  within this exception, inasmuch as the opinion which he express of Z's  character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception—Merits of public performance:

--It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation—A performance may be substituted to the judgment of the public expressly or by acts on the
part of the author which imply such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits  that book to the judgment of the public.

(b) A person who makes a speech in public,  submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public  stage, submits his acting or signing in the judgment of the public.

(d) A says of a book published by Z—"Z's book is  foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure  mind". A is within the exception, if he says this in good faith, in as much as
the opinion which he express of Z respects Z's character only so far as it  appears in Z's book, and no further.

(e) But if A says—"I am not surprised that Z's  book is foolish and indecent, for he is a weak man and a libertine". A is not within this exception, inasmuch as the opinion which he expresses of Z's  character is an opinion not founded on Z's book.

Seventh Exception—Censure passed in good faith by person having lawful authority over another:-

It is not defamation in a person having over another any authority, either conferred by law or arising
out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Illustration

A judge censuring in good faith the conduct of a witness, or of an officer to the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within the exception.

Eight Exception—Accusation preferred in good faith to authorized person. --

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuse  Z before a Magistrate; if A in good faith complains of the conduct of Z, a
servant, to Z's master ; if a in good faith complains of the conduct of Z, and child, to Z's father—A is within this  exception.

Ninth Exception—Imputation made in good faith by person for protection of his or other's interests: - It is not  defamation to make an imputation on the character of another provided that the  imputation be made in good faith for the protection of the interests of the  person making it, or of any other person, or for the public good.

Illustrations

(a) A, a shopkeeper, says to B, who manages  his business-"Sell nothing to Z unless he pays you ready money, for I have no  opinion of his honesty". A is within the exception, if he has made this  imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report of his  own superior officer, casts an imputation on the character of Z. Here, if the  imputation is made in good faith, and for the public good, A is within the  exception.

Tenth Exception—Caution intended for good of person to whom conveyed or for public good: --

It is not defamation  to convey a caution, in good faith, to one person against another, provided  that such caution be intended for the good of the person to whom it is  conveyed, or of some person in whom that person is interested, or for the  public good.

500. Punishment for defamation: --Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with  both.

501. Printing or engraving matter known to be defamatory: - Whoever prints or  engraves any matter, knowing or having good reason to believe that such matter  is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

502. Sale of printed or engraved substance containing defamatory matter: -- Whoever sells or offers for sale any printed or engraved substance containing  defamatory matter, knowing that it contains such matter, shall be punished with  simple imprisonment for a term which may extend to two years, or with fine, or  with both.

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Sections 493 to 498A

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation
caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying
again during lifetime of husband or wife

495. Same
offence with concealment of former marriage from person with whom subsequent
marriage is contracted

496. Marriage
ceremony fraudulently gone through without lawful marriage

497. Adultery

498. Enticing
or taking away or detaining with criminal intent a married woman

CHAPTER XXA

OF CRUELTY BY HUSBAND OR
RELATIVES OF HUSBAND

498A. Husband
or relative of husband of a woman subjecting her to cruelty

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a
man deceitfully inducing a belief of lawful marriage: - Every man who by deceit
causes any woman who is not lawfully married to him to believe that she is
lawfully married to him and to cohabit or have sexual intercourse with him in
that belief, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

494. Marrying again during lifetime of husband or
wife: --
Whoever, having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such husband
or wife, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

Exception—This section does not
extend to any person whose marriage with such husband or wife has been declare
void by a Court of competent jurisdiction,

Nor to any person who contracts a marriage during the life
of a former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent from such person for
the space of seven years, and shall not have been heard of by such person as
being alive within that time provided the person contracting such subsequent
marriage shall, before such marriage takes place, inform the person with whom
such marriage is contracted of the real state of facts so far as the same are
within his or her knowledge.

495. Same offence with
concealment of former marriage from person with whom subsequent marriage is
contracted:
- Whoever commits the offence defined in the last preceding section having
concealed from the person with whom the subsequent marriage is contracted, the
fact of the former marriage, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—Imprisonment for
10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992].

496. Marriage ceremony fraudulently
gone through without lawful marriage: -- Whoever, dishonestly or with a fraudulent
intention, goes through the ceremony of being married, knowing that he is not
thereby lawfully married, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—imprisonment for
7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

497. Adultery: - Whoever has sexual
intercourse with a person who is and whom he knows or has reason to believe to
be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rap, is guilty of the
offence of adultery, and shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with
both. In such case the wife shall be punishable as an abettor.

STATE AMENDMENT

State of Andhara Pradesh Amendment:

Punishment—Imprisonment for
5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the
first class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

498. Enticing or taking away
or detaining with criminal intent a married woman: - Whoever takes or entices
away any woman who is and whom he knows or has reason to believe to be the wife
of any other man, form that man, or from any person having the care of her on
behalf of that man, with intent that she may have illicit intercourse with any
person, or conceals or detains with that intent any such woman, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

¹[CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1.
Ins. by Act 46 of 1983, sec. 2.

498A. Husband or relative of husband of a woman subjecting her to
cruelty:
-Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.

Explanation—For the purpose
of this section, “cruelty” means—

(a) Any willful conduct which is of such a
nature as is likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health whether mental or physical) of the
woman; or

(b) Harassment of the woman where such
harassment is with a view to coercing her or any person related to her to meet
any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her meet such demand.]

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Sections 490 to 492

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. [Repealed]

491. Breach of contract to attend on and supply wants of helpless person

492. [Repealed]

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. Breach of contract of service during voyage or journey. —

[Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

491. Breach of contract to attend on and supply wants of helpless person: - Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason or youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.

492. Breach of contract to serve at distant place to which servant is conveyed at master’s expense—.

[Rep. by the workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

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Sections 489A to 489E

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO

OF CURRENCY-NOTES AND BOOK-NOTES

3

489A. Counterfeiting currency-notes or bank-notes

489B. Using as genuine, forged or counterfeit currency-notes or bank-notes

489C. Possession of forged or counterfeit currency-notes or bank-notes

489D. Making or possessing instruments or materials for forging or counterfeiting
currency-notes or bank-notes

489E. Making or using documents resembling currency-notes or bank-notes

CHAPTER XVIII

OF OFFENCES RELATING TO
OF CURRENCY-NOTES AND BOOK-NOTES

3

¹[489A.Counterfeiting currency-notes or bank-notes:-- Whoever counterfeits, or
knowingly performs any part of the process of counterfeiting, any currency-note
or bank-note, shall be punished with ²[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

Explanation—For the purposes
of this section and of sections 489B, ³[489C,
489D and 489E], the expression "bank-note" means a promissory note or
engagement for the payment of money to bearer on demand issued by any person
carrying on the business of banking in any part of the world, or issued by or
under the authority of any State or Sovereign Power, and intended to be used as
equivalent to, or as a substitute for money.

1. Added by Act 12 of 1889, sec. 2.

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

3. Subs.
by Act 35 of 1950, s. 3 and Sch. II, for "489C and 489D".

¹[489B. Using as genuine, forged or counterfeit currency-notes or
bank-notes:
- Whoever sells to, or buys or receives from, any other person, or otherwise
traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit, shall
be punished with ²[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

1. Added by Act 12 of 1899 sec. 2

2.
Subs. by Act 26 of 1955, sec. 117
and sch., for "transportation for life" (w.e.f.1-1-1956).

¹[489C. Possession of forged or counterfeit currency-notes or
bank-notes:
- Whoever has in his possession any forged or counterfeit currency-note or
bank-note, knowing or having reason to believe the same to be forged or
counterfeit and intending to use the same as genuine or that it may be used as
genuine, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.

1.
Added by Act 12 of 1899, sec. 2.

¹[489D. Making or possessing instruments or materials for forgoing or
counterfeiting currency-notes or bank-notes: -- Whoever makes, or performs, any part or
the process of making, or buys or sells or disposes of, or has in his
possession, any machinery, instrument or material for the purpose of being
used, or knowing or having reason to believe that it is intended to be used,
for forging or counterfeiting any currency-note or bank-note, shall be punished
with ²[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.]

1.
Added by Act 12 of 1899, sec. 2.

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

¹[489E. Making or using documents resembling currency-notes or
bank-notes: -

(1) Whoever makes, or causes to be made, or
uses for any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as to be
calculated to deceive any currency-note or bank shall be punished with fine
which may extend to one hundred rupees.

(2) If any person, whose name appears on a
document the making of which is an offence under sub-section (1), refuses,
without lawful excuse, to disclose to a police-officer on being so required the
name and address of the person by whom it was printed or otherwise made, he
shall be punished with fine which may extend to two hundred rupees.

(3) Where the name of any person appears on any
document in respect of which any person is charged with an offence under
sub-section (1) or on any other document used or distributed in connection with
that document it may, until the contrary is proved, be presumed that person
caused the document to be made.]

1.
Ins. by Act 6 of 1943, sec. 2.

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Sections 478 to 489

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO

OF PROPERTY AND OTHER MARKS

2

478. [Repealed]

479. Property
mark

480. [Repealed]

481. Using a
false property mark

482. Punishment
for using a false property mark

483. Counterfeiting
a property mark used by another

484. Counterfeiting
a mark used by a public servant

485. Marking
or possession of any instrument for counterfeiting a property mark

486. Selling
goods marked with a counterfeit property mark

487. Making a
false mark upon any receptacle containing goods

488. Punishment
for making use of any such false mark

489. Tampering
with property mark with intent to cause injury

CHAPTER XVIII

OF OFFENCES RELATING TO

OF PROPERTY AND OTHER MARKS

2

478. Trade marks. — [Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]

479. Property mark: - A mark used for denoting
that moveable property belongs to a particular person is called a property
mark.

480. Using a
false trade mark [Rep. by
the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch., (w.e.f. 25-11-1959).]

481. Using a false property
mark: --
Whoever marks any moveable property or goods or any case, package or other receptacle
containing moveable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated to cause
it to be believed that the property or goods so marked, or any property or
goods contained in any such receptacle so marked, belong to a person to whom
they do not belong, is said to use a false property mark.

482. Punishment for using a
false property mark: -- Whoever uses ¹[*
* *] any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.

1.
The words “any false trademark or”
omitted by Act 43 of 1958, sec.135 and sch. (w. e. f. 25-11-1959).

483. Counterfeiting a property
mark used by another:--Whoever counterfeits any ¹[*
* *] property mark used by any other person shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.

1.
The words “trade mark or” omitted
by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11- 1959).

¹[484.
Counterfeiting a mark used by a public servant: -Whoever counterfeits any
property mark used by a public servant, or any mark used by a public servant to
denote that any property has been manufactured by a particular person or at a
particular time or place, or that the property is of a particular quality of
has passed though a particular office, or that it is entitled to any exemption,
or uses as genuine any such mark knowing the same to be counterfeited, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

1.
Subs. by Act 4 of 1889 sec. 3, for
the original section 484.

¹[485. Making or possession of
any instrument for counterfeiting a property mark: --Whoever makes
or has in his possession any die, plate or other instrument for the purpose of
counterfeiting a property mark, or has in his possession a property mark for
the purpose of denoting that any goods belong to a person to whom they do not
belong, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine, or with both.]

1. Subs. by Act 43 or 1958, sec. 135 and
Sch. (w.e.f. 25-11-1959).

¹[486. Selling goods marked with a
counterfeit property mark: -- ²[Whoever sells,
or exposes, or has in possession for sale, any goods or things with a
counterfeit property mark] affixed to or impressed upon the same to or upon any case, package or other
receptacle in which such goods are contained, shall, unless he proves—

(a) That, having taken all reasonable
precautions against committing an offence against this section, he had at the
time of the commission of the alleged offence no reason to suspect the
genuineness of the mark, and

(b) That, on demand made by or on behalf of
the prosecutor, he gave all the information in his power with respect to the
persons from whom he obtained such goods or things, or

(c) That otherwise he had acted innocently.

Be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.]

1. Subs. by Act 4 of 1889, sec. 3, for the
original section 486.

2. Subs. by Act 43 of 1958, sec. 135 and
sch., for certain words (w.e.f.25-11-1959).

¹[487. Making a false mark upon
any receptacle containing goods: -- Whoever makes any false mark upon any case,
package or other receptacle containing goods, in a manner reasonably calculated
to cause any public servant or any other person to believe that such receptacle
contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are of a nature
or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to three years, or with fine,
or with both.

1.
Subs by Act 4 of 1889, sec. 3, for
the original section 487.

¹[488. Punishment for making use
of any such false mark: -- Whoever makes use of any such false mark in any manner prohibited
by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against that
section.

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 488.

¹[489. Tempering with property mark with intent to cause injury: -- Whoever removes, destroys,
defaces or adds to any property mark, intending or knowing it to be likely that
he may thereby cause injury to any person, shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or
with both.]

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 489.

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Sections 463 to 477A

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS

AND TO PROPERTY MARKS

1

463. Forgery

464. Making a false document

465. Punishment for forgery

466. Forgery of record of court or of public register, etc.

467. Forgery of valuable security, will etc.

468. Forgery for purpose of cheating

469. Forgery for purpose of harming reputation

470. Forged document

471. Using as genuine a forged document

472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
under section 467

473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
otherwise

474. Having possession of document described in section 466 or 467, knowing it to be forged
and intending to use it as genuine

475. Counterfeiting
device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

476. Counterfeiting
device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

477. Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable
security

477A. Falsification of accounts

CHAPTER
XVIII

OF OFFENCES
RELATING TO CODUMENTS

AND TO ¹[*
* *] PROPERTY MARKS

1

1. The words “TRADE OR” omitted
by Act 43 of 1958, sec.135 and sch. (w.e.f.25-11-1959).

463. Forgery: - Whoever makes any false
documents or part of a document with intent to cause damage or injury, to the
public or to any person, or to support any claim or title, or to cause any
person to part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed, commits forgery.

464. Making a false
document:
-- A person is said to make a false document—

First—Who dishonestly or
fraudulently makes, signs, seals or executed a document or part of a document,
or makes any mark denoting the execution of a document, with the intention of
causing it to be believed that such document or part of a document was made,
signed, sealed or executed by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed, sealed or executed, or
at a time at which he knows that it was not made, signed, sealed or executed;
or

Secondly—Who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed either by himself
or by any other person, whether such person be living or dead at the time of
such alteration; or

Thirdly—Who dishonestly or
fraudulently causes any person to sign, seal, execute or alter a document,
knowing that such person by reason of unsoundness of mind or intoxication cannot,
or that by reason of deception practiced upon him, he does not know the
contents of the document or the nature of the alteration.

Illustrations

(a) A has a letter of credit upon B for rupees
10,000 written by Z. A, in order to defraud B, adds a cipher to the 10,000, and
makes the sum 1,00,000 intending that it may be delivered by B that Z so wrote
the letter. A has committed forgery.

(b) A, without Z’s authority affixes Z’s seal
to document purporting to be a conveyance of an estate from Z to A, with the
intention of selling the estate to B, and thereby of obtaining from B the
purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by
B, payable to bearer, but without any sum having been inserted in the cheque. A
fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A
commits forgery.

(d) A leaves with B, his agent, a cheque on a
banker, signed by A, without inserting the sum payable and authorizes B to fill
up the cheque by inserting a sum not exceeding ten thousand rupees for the
purpose of making certain payments. B fraudulently fills up the cheque by
inserting the sum or twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in
the name of B without B’s authority, intending to discount it as a genuine bill
with a banker and intending to take up the bill on its maturity. Here, as A
draws the bill with intent to deceive the banker by leading him to suppose that
he had the security of B, and thereby to discount the bill, A is guilty of
forgery.

(f) Z’s will contains the these words—“I
direct that all my remaining property be equally divided between A, B and C.” A
dishonestly scratches out B’s name, intending that it may be believed that the
whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note
and makes it payable to Z or his order by writing on the bill the words “Pay to
Z or his order” and signing the endorsement. B dishonestly erases the words
“Pay to Z or his order”, and thereby converts the special endorsement into a
blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A
afterwards, in order to defraud Z of his estate, executes a conveyance of the
same estate to B, dated six months earlier than the date of the conveyance to
Z, intending it to be believed that he had conveyed the estate to B before he
conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally
writes down a different legatee for the legatee named by Z, and by representing
to Z that he has prepared the will according to his instructions, induces Z to
sign the will. A has committed forgery.

(j) A writes a letter and signs it with B’s
name without B’s authority, certifying that A is a man of good character and in
distressed circumstances form unforeseen misfortune, intending by means of such
letter to obtain alms from Z and other persons. Here, as A made a false
document in order to induce Z to part with property. A has committed forgery.

(k) A without B’s authority writes a letter
and signs it in B’s name certifying to A’s character, intending thereby to
obtain employment under Z. A has committed forgery in as much as he intended to
deceive Z by the forged certificate, and thereby to induce Z to enter into an
express or implied contract for service.

Explanation 1—A man’s
signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange,
intending that it may be believed that the bill was drawn by another person of
the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of
paper and signs it with Z’s name, in order that B may afterwards write on the paper
a bill of exchange drawn by B upon Z, and negotiate the bill as though it had
been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws
the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to
the order of a different person of the same name. A endorses the bill in his
own name, intending to cause it to be believed that it was endorsed by the
person whose order it was payable, here A has committed forgery.

(d) A purchases an estate sold under execution
of a decree against B. B, after the seizure of the estate, in collusion with Z,
executes a lease of the estate of Z at a nominal rent and for a long period and
dates the lease six months prior to the seizure, with intent to defraud A, and
to cause it to be believed that the lease was granted before the seizure, B,
though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of
insolvency, lodges effects with B for A’s benefit, and with intent to defraud
his creditors; and in order to give a colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and
antedates the note, intending that it may be believed to have been made before
A was on the point of insolvency. A has committed forgery under the first head
of the definition.

Explanation 2—The making of
a false document in the name of a fictitious person, intending it to be
believed that the document was made by a real person, or in the name of
deceased person, intending it to be believed that the document was made by the
person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange
upon a fictitious person, and fraudulently accepts the bill in the name of such
fictitious person with intent to negotiate it. A commits forgery.

465. Punishment for forgery:-- Whoever commits forgery
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

466. Forgery of record of court or of public
register, etc.:
-- Whoever forges a document, purporting to be a record or proceeding of or in
a Court of Justice, or a register of birth, baptism, marriage or burial, or a
register kept by a public servant as such, or a certificate or document
purporting to be made by a public servant in his official capacity, or an
authority to institute or defend a suit, or to take any proceedings therein, or
to confess judgment, or a power of attorney, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

467. Forgery of valuable security, will,
etc.: -
Whoever forges a document which purports to be a valuable security or a will,
or an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal,
interest or dividends thereon, or to receive or deliver any money, moveable
property, or valuable security, or any document purporting to be an acquittance
or receipt acknowledging the payment of money, or an acquittance or receipt for
the delivery of any moveable property or valuable security, shall be punished
with ¹[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

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

468. Forgery for purpose of
cheating: -
Whoever commits forgery, intending that the document forged shall be used for
the purpose of cheating, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

469. Forgery for purpose of
harming reputation: --Whoever commits forgery, intending that the document forged shall harm
the reputation of any party, or knowing that it is likely to used for that
purpose, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.

470. Forged document:-A false document made
wholly or in part by forgery is designated “a forged document”.

471. Using as genuine a forged
document:
--Whoever fraudulently or dishonestly uses as genuine any document which he
knows or has reason to believe to be a forged document, shall be punished in
the same manner as if he had forged such document.

472. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable under section
467: --
Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing
any forgery which would be punishable under Section 467 of this Code, or, with
such intent, has in his possession any such seal, plate or other instrument,
knowing the same to be counterfeit, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

473. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable otherwise:-Whoever makes or
counterfeit any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any forgery
which would be punishable under any section of this Chapter other than Section
467, or, with such intent, has in his possession any such seal, plate or other
instrument, knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

474. Having possession of
document described in Section 466 or 467, knowing it to be forged and intending
to use it as genuine:-Whoever has in his possession any document, knowing the same to be forge,
and intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document is one of the description mentioned in section
466 of this Code, be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine ; and if
the document is one of the description mentioned in section 467, shall be
punished with ¹[imprisonment
for life], or with imprisonment of either description, for a term which may
extend to seven years, and shall also be liable to fine.

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

475. Counterfeiting device or
mark used for authenticating documents described in Section 467, or possessing
counterfeit marked material: -- Whoever counterfeits upon, or in the substance or, any material,
any device or mark used for the purpose of authenticating any document
described in Section 467 of this Code, intending that such device or mark shall
be used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or who, with
such intent, has in his possession any material upon or in the substance of
which any such device or mark has been counterfeited, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

476. Counterfeiting device or mark used for
authenticating documents other than those described in Section 467, or
possessing counterfeit marked material: -- Whoever counterfeits upon, or in the substance
of, any material, any device or mark used for the purpose of authenticating any
document other than the documents described in Section 467 of this Code,
intending that such device or mark shall be used for the purpose of giving the
appearance of authenticity to any document then forged or thereafter to be
forged on such material, or who with such intent, has in his possession any
material upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.

477. Fraudulent cancellation, destruction,
etc., of will, authority to adopt, or valuable security: --Whoever fraudulently or
dishonestly, or with intent to cause damage or injury to the public or to any
person, cancels, destroys or defaces, or attempts to cancel, destroy or deface,
or secretes or attempts to secrete any document which is or purports to be a
will, or an authority to adopt a son, or any valuable security, or commits
mischief in respect of such document, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

³[477A. Falsification of accounts: -- Whoever, being a
clerk, officer or servant, or employed or acting in the capacity of a clerk,
officer or servant, willfully, and with intent to defraud, destroys, alters,
mutilates or falsifies any book, paper, writing, valuable security or account
which belongs to or is in the possession of his employer, or has been received
by him for or on behalf of his employer, or willfully, and with intent to
defraud, makes or abets the making of any false entry in, or omits or alters or
abets the omission or alteration of any material particular of any material
particular form or in, any such book, paper, writing, valuable security or
account, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.

Explanation—It shall be sufficient in
any charge under this section to allege a general intent to defraud without
naming any particular person intended to be defraud without naming any
particular person intended to be defrauded or specifying any particular sum of
money intended to be the subject of the fraud, or any particular day on which
the offence was committed.]

¹[Of] ² [***] Property and Other Marks

1. Subs. by Act 4 of 1889, sec.3, for the
original heading and sections 478 to 489.

2. The
word “Trade,” omitted by Act 43 of 1958, sec.135 and sch., (w.e.f. 25-11-1959).

3.
Added by Act 3 of 1895, sec.
4.

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