183. Resistance to the taking of property by the lawful authority of a public servant.- Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant ,as such , shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees , or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 1month, or fine of 500 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
185. Illegal purchase or bid for property offered for sale by authority of public servant.- Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other , whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding , shall be punished with imprisonment of either description for a term which may extend to one month, or with which may extend to two hundred rupees, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 month, or fine of 200 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
186. Obstructing public servant in discharge functions. Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3month, or fine of 500 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable
187. Omission to assist public servant when bound by law to give assistance.- Whoever, being bound by law to render or furnish assistance to ant public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;
and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of justice , or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months , or with fine which may extend to five hundred rupees, or with both .
CLASSIFICATION OF OFENCE
Para I. Punishment-Simple imprisonment for 1 month, or fine of 200 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
Para II. Punishment- Simple imprisonment for 6 years, or fine of 500, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
188. Disobedience to order duly promulgated by public servant.- Whoever, knowing that , by an order promulgated by an order promulgated by a public servant lawfully whoever , knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,
shall, if such disobedience cause to tender to cause obstruction, annoyance or injury, or risk or obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one month or with fine which may extend to two hundred rupees, or with both;
and if such disobedience cause or trends to cause dangers to human life, health or safety, or cause or tends to cause a riot or affray, 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.
Explanation.- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce,
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pall down a certain street. A knowingly disobeys the order , and thereby causes danger or riot . A has committed the offence defined in this section.
CLASSIFICATION
OF OFENCE
Para I. Punishment-Simple imprisonment for 1 month, or fine of 200 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
Para II. Punishment- Simple imprisonment for 6 months , or fine of 1,000, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
189. Threat of injury to public servant.- Whoever holds out any threat of injury to any public servant , or to any person in whom he believes that public servant to be interested, for the purpose of inducing that exercise of the public factions of such public servant , shall be punished with imprisonment of either description for a term which may extend to two year, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,or of 200 rupees, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
STATE AMENDMENTS
Andhra Pradesh:
In Andhra Pradesh offence under section 198 is cognizable.
[Vide A.P.G.O MS.No 732, dated 15-12-1991].
190. Threat of injury to induce person to refrain from applying for protection to public servant.- Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection , or to curse such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one, or with fine, or with both, of either description for a term which may extend to one year, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for1 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
OF FALSE EVISENCE 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.
Explanation1. – A statement is
within the meaning of this
section, whether it is made
verbally or otherwise.
Explantaion 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 believe 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 swear on a trail 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 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 state 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 statements is merely as to his belief 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 , state 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 the 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 of document which he is bound by oath to interpret or translate truly, that which is not and which he dies not believe to be a true interpretation or translation. A has given false evidence.
Giving false information to process recover that he had not heard about notices for last two years and his whereabouts are not known is not a certificate and his whereabouts are not known is not a certificate and therefore section 191 to 199 of Code are not attracted; D. jothi v. K.P Kandagamy; 2000 Cr LJ 292 (Mad).
192. Fabricating false evidence - Whoever causes any circumstance to exist or 1[ makes any false entry in any book or record, or electronic record or makes any document or electronic record 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 up on the evidence ,to entertain an erroneous opinion touching any point material to the result of such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result or such proceeding, is said” to fabricate false evidence”.
(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 thdft, A has fabricated false evidence 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 grieves 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.
1. Subs. by the Information Technology Act, 2000, sec.
91 and Sch. I , for certain words.
Illustrations
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z out to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial p0roceeding, A has gives 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.
A, in any enquiry before an officer deputed by a Court of Justice to ascertains 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.
CLASSIFICATION
OF OFENCE
Para I. Punishment-Imprisonment for 7 years and fine -Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II. Punishment-Imprisonment for 3 years and fine- Non- cognizable –Bailable-Triable by and Magistrate.
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 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.
CLASSIFICATION OF OFENCE
Para I. Punishment-Imprisonment for life, or rigorous imprisonment for 10 years and fine -Non- cognizable –Bailable-Triable by Court of Session –Non- compoundable.
Para II. Punishment- Death or as above- Non- cognizable – Non- bailable-Triable by Court of Session- Non- compoundable.
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 which1[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 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.
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.r.1-1-1956)
4.
Subs.
by Act 26 of 1955, sec 117 and Sch., for “ suah transportation
”(w.e.r.1-1-1956)
CLASSIFICATION OF OFFENCE
Punishment –The same as for the offence – Non- cognizable – Non – bailable-Triable by Court of Session- Non- compoundable.
197. Issuing or singing false certificate.- Whoever issues or sings any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in 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.
Punishment –The same as for the giving or fabricating false evidence– Non- cognizable – Non – Bailable-Triable by Court by which offence of giving false evidence is triable- Non- compoundable.
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.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or fabricating false evidence– Non- cognizable – Non – Bailable-Triable by Court by which offence of giving false evidence is triable- Non- compoundable.
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 dies 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.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or fabricating false evidence– Non- cognizable – Non – Bailable-Triable by Court by which offence of giving false evidence is triable- Non- compoundable.
COMMENTS
No specific averment in the complaint that certain averments in the affidavit before Rent Control Officer are false complaint cannot be held as maintainable; Chandrpal Singh v. Maharaj Singh, AIR 1982 SC 1236.
200. Using as true such declaraction 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.
Punishment –The same as for the giving or fabricating false evidence– Non- cognizable – Non – Bailable-Triable by Court by which offence of giving false evidence is triable- Non- compoundable.
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 , cause 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 believe 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 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 my extend to three years, 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 for the offence, for a term which may extend to one-forth part of the longest term of the 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)
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 6 months, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
Assuming that the prosecution has positively proved that the death was homicidal yet from the medical evidence it is clear that it was not a natural death and consequently the death should at least be not as one of suicide. Even in the cause of suicide an offence of abetment punishable under section 306 is inherent. Therefore, even in the case of suicide there is an obligation on the person who knows or has reason to believe that such a suicidal death has occurred, to give information; Bhagwan Swarup v. State of Rajasthan, (1991) Cr LJ 3123 (3133) (SC).
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 false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1[Explanation.- In sections 201 and202 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 punished 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 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.
CLASSIFICATION
OF OFENCE
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate –Non- compoundable.
204. Destruction of document to prevent its production as evidence.- Whoever secretes or destroys any 3[document or electronic record] 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 3[document or electronic record] 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 punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 3 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in exaction.- 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 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.
________________________________________________________
3. Subs.by the Information and Technology Act, 2000, sec.91 and Sch.I, for”document”.
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
207. Fraudulent claim to property to prevent its seizure its seizure as forfeited or in execution.- Whoever fraudulently accepts, receives or claim 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 in satisfaction of a fine, under a sentence which has been pronounced ,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.
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
208. Fraudulently suffering decree for sum not due. Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for any interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or 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 both.
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 offence under this section.
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
209. Dishonesty making false claim in Court.- Whoever fraudulently or dishonestly, or with intent to injure or annoy 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.
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
210. Fraudulently obtaining decree for sum not due.- Whoever fraudulently obtains a f\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 for any thing in respect of which it has been satisfied, or fraudulently surfers 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.
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
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 p0roceeding against that person, or falsely charge any person with having committed an offence, 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 with imprisonment of either description for a term which may extend to seven years, and shall also be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 2 year , or fine both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II: Punishment -Imprisonment for 7 year and fine -Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable
Para III : Punishment -Imprisonment for 7 year , and fine Non- cognizable –Bailable-Triable by Court of session –Non- compoundable.
212. Harbouring offender.- Whenever an offence has been committed, whoever harbors or conceals a person whom he knows or has reason to believe to be teh offender, with the intention of screening him from legal punishment ;
if a capital offence.- shall, if the offence is punished with death, be punished with imprisonment of either description for a term which may extend to five year, 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 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 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, 459and460; 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.- The provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
_____________________________________________________________
1.
Subs.
by Act 26 fo 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.
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.
A, knowing that B has committed dacoity , knowing conceals B in order to screen him for 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 there years, and is also liable to fine.
CLASSIFICATION
OF OFENCE
Para I :Punishment- Imprisonment for 5 year , or fine both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II: Punishment -Imprisonment for 3 year and fine -Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable
Para III : Punishment -Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both -Cognizable –Bailable-Triable by the first class–Non- compoundable.
To attract the provision of section 212 it is necessary to establish commission of offence, harboring or concealing the person known or believe to be the offender and such concealment must be with the intention of screening him form legal punishment; Sanjeev Kumar v. State of Himachal Pradesh,1999 AIR (SC) 782: 1994 (2)SCC 288: 1999 (1) JT 116.
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 for the purpose of bringing him to legal punishment,
if a capital offence.- shall , if the offence is 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)
if punishment 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 three years, and shall also be liable to fine;
and if the offence is punishable with1[imprisonment not extending 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-forth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 7 Year , or fine both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II: Punishment -Imprisonment for 3 year and fine -Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable
Para III : Punishment -Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both -Cognizable –Bailable-Triable by the first class–Non- compoundable.