214. Offering gift or restoration of property in consideration of screening offender.- Whoever gives or cause , or offers or agrees to give or cause, any gratification to any person, or 1[restores or causes the restoration of] any property to any person , in consideration of that parson’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;
if a capital offence. – shall, if the offence is punishable with death be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.-and if the offence is punishable with 2[imprisonment for life], or with imprisonment which may
_______________________________________________________________
extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and also be liable to fine;
and if the offence is punishable with imprisonment 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 imprisonment provided for the offence, or with fine , or with both.
3[Exception .- The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.]
4[***]
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, and of the description, provided for the offence, or fine, or both -Cognizable –Bailable-Triable by the first class–Non- compoundable.
215. Taking gift to help to recover stolen property, etc. – Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the punishable under this Code, shall, unless he uses all means in his power to cause the offender to b apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
3.
Subs.
by Act 8 of 1882,sec.6, for the original Exception.
4.
Illustration
rep. by Act 10 of 1882,sec.2 and Sch. I.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine, or both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.- Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody;
or whatever a public servant , in the exercise of the lawful powers of such public servant , orders a certain person to be apprehended for apprehension , harbors of conceals that person which the intention of preventing him from being apprehended ,shall be punished in the manner following that is to say:-
if a capital offence.- if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a either description for a term which may extend to three years, with or without fine;
if punishable with imprisonment for life, or with imprisonment.- if the offence is punishable with 1[imprisonment for life], or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punishable with imprisonment of the description provided for the offender for a term which may extend to one-forth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.
2[“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of 2[India], which , if he had been guilty of it in
_______________________________________________________________
1.
Subs.
by Act 26 of 1955, sec. 117 and Sch., for “transportation for
life”(w.e.f.1-1-1956).
2.
Ins
. by Act 10 of 1886,sec. 23
3[India], would have been punishable as an offence, and for which he is, under any law relating to extradition ,4[***] of otherwise , liable to be apprehended or detained in custody in 3[India] ; and every such act or omission shall, for the purposes of this section , be deemed to be punishable as if the accused person had been guilty of it in 3[India].]
Exception.- The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
CLASSIFICATION
OF OFENCE
Para I :Punishment- Imprisonment for 7 years and fine- Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II: Punishment -Imprisonment for 3 years with or without fine -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 Magistrate of the first class–Non- compoundable.
5[216A. Penalty for harbouring robbers or dacoits.- Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity , harbours them or any of them, with the intention of committed robbery or dacoity, harbours them or any of them , with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Exception .- For the purposes or this section it is immaterial whether the robbery or
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3.
The words” British India” have successively been
subs. by the A.O. 1948 the A.O. 1950
and Act 3 of 1951,sec.3 and Sch. to read as above.
4.
The words” or
under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, sec.3
and Such.
5.
Ins.
by Act 3 of 1894,sec. 8.
Dacoity is intended to be committed, or has been committed , within or without 1[India].
Exception. - This provision does not extend to the case in which the harbour is by the husband or wife of the offender.]
CLASSIFICATION OF OFFENCE
Punishment –Rigorous imprisonment of 7 years and fine- Cognizable – Non – Bailable-Triable by Magistrate of the first class - Non- compoundable.
2[216B. Definition of “harbour” in sections 212,216 and 216A.-[Rep. By the Indian Penal Code (Amendment ) Act, 1942 ,(8 of 1942), sec. 3.]]
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.- Whoever, being a public servant, knowing disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment , or subject him to a less punishment than that to which he is liable, or with intent to save, or subject him to a less likely thereby to save , any property with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 year , or fine both-Non- cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.- Whoever , being a public servant, and being as such public servant, charged with the preparation of any record or other writing , frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cvause, loss or injury to the public or to any person, or with intent thereby to save, or knowing that he is likely thereby to save , any property from forfeiture or other charge towhich
_______________________________________________________________
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for
“transportation for life” (w.e.f.1-1-1956)
it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 years , or fine, or both-Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.- Whoever, being a public servant , corruptly or maliciously makes or pronounces in any stage of a judicial proceeding , any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine , or with both.
CLASSIFICATION
OF OFENCE
Punishment- Imprisonment for 7 years , or fine, or both-Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.- Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment , or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with fine, or with both.
CLASSIFICATION
OF OFENCE
Punishment- Imprisonment for 7 years , or fine, or both-Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.- Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence , intentionally omits to apprehend such person, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have veen apprehended, was charged with, or liable to be apprehended for , an offence punishable with death; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for , an offence punishable with 1[imprisonment for life] or imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for , an offence punishable with imprisonment for life for a term less than ten years.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 7 years with or without fine-According as the offence in relation to which such omission has been made in conizable or non- cognizable-bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para II: Punishment -Imprisonment for 3 years with or without fine -Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
Para III : Punishment -Imprisonment for 2 years with or without fine -Cognizable –Bailable-Triable by and Magistrate of the first class –Non- compoundable.
_________________________________________________________
1. Subs. by Act 26 of 1955, sec.117 and Sch., for
“transportation for life” (w.e.f.1-1-1956)
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.- Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of justice for any offence1[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person, or intentionally suffers such person to escape or intentionally aids such person, or intentionally aids such person in escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-
with 2[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of justice, or by virtue of a commutation of such sentence, to 2[imprisonment for life]
3[***] 4[***] 5[***] 6[***] or imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend to three years, or with fine, or with both , if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of justice, to imprisonment for a term not exceeding to ten years 7[ or if the person was lawfully committed to custody]
_______________________________________________________________
1.
Ins.
by Act 27 of 1870, sec.8.
2.
Subs.
by Act 26 of 1955, sec. 117 and Sch., for “transpiration for
life”(w.e.f.1-1-1956).
3.
3.The
words”or penal servitude for life “omitted by Act 17 of 1949, sec.2
(w.e.f.6-4-1949).
4.
4.
The words” or to” omitted by Act 36 of
1957,sec.3 and Sch. II.
5.
The
words” transportation” omitted by Act 26 of 1955,sec .117 and
Sch.(w.e.f.1-1-1956).
6.
The
words”or penal servitude for life “omitted by Act 17 of 1949, sec.2
(w.e.f.6-4-1949).
7.
Ins.
by Act 27 of 1870,sec.8
Para I :Punishment- Imprisonment for 14 years, with and without fine- Cognizable –Non-bailable-Triable by Court of session- Non- compoundable.
Para II: Punishment -Imprisonment for 7 years with or without fine -Cognizable – Non-bailable-Triable by Magistrate of the first class Court of session- Non- compoundable
Para III : Punishment -Imprisonment for 3 years, or with or without fine or both -Cognizable – Non-bailable-Triable by Magistrate of the first class Court of session- Non
223. Escape from confinement or custody negligently suffered by public servant.- Whoever being a public servant legally bound as such public servant to deep in confinement any person charged with or convicted of any offence 6[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Punishment- Imprisonment for 2 years, or fine or both-Non- cognizable –Bailable-Triable by Court of session- Non- compoundable.
224. Resistance or obstruction by a person to his lawful apprehension.- Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with fine, or with both.
Explanation.- The punishment in this sections is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.
Punishment- Imprisonment for 2 years, or fine or both-Non- cognizable –Bailable-Triable by any Magistrate- Non- compoundable.
225. Resistance or obstruction to lawful apprehension of another person.- Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any apprehension of any other person for an offence, or rescues or attempts to rescue any shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 1[imprisonment for life] or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which mat extend to three years, and shall also be liable to fine.
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or , if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice , or by virtue of a commutation or such a sentence , to1[imprisonment for life] 2[***] 3[***]4[***] or imprisonment, for a term of ten years or upwards , shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended, or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
_______________________________________________________________
1.
Subs
by Act 26 of 1955,sec.117 and Sch., for “transportation for life”
(w.e.f.1-1-1956).
2.
The
words”or to” omitted by Act 36 of 1957,sec.3 and Sch. II.
3.
The
words” transportation” omitted by Act
26 of 1955,sec.117 and Sch. (w.e.f.1-1--1956).
4.
The words “penal servitude” omitted by Act 17 of
1949, sec. 2(w.e.f.1-1-1949).
Para I :Punishment- Imprisonment for 2 years, or fine or both-Non- cognizable –Bailable-Triable by any Magistrate- Non- compoundable.
Para II: Punishment -Imprisonment for 3 years with or without fine -Cognizable – Non-bailable-Triable by Magistrate of the first class .-Non- compoundable.
Para III & IV: Punishment -Imprisonment for 7 years and fine Cogozable – Non-bailable-Triable by Magistrate of the first class.
Para V : Punishment -Imprisonment for life or imprisonment for 10 years and fine Cogozable – Non-bailable-Triable by Court of Session.
1[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.- Whoever, being a public servant legally bound as such public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-
(a) if he dose so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 3 years, or fine or both-Non- cognizable –Bailable-Triable by any Magistrate of the first class- Non- compoundable.
Para II: Punishment –Simple imprisonment for 2 years, or both -Non -cognizable – Non-Bailable-Triable by Magistrate.
_______________________________________________________________
1. Sections 225A 225B subs. by Act 10 of 1886,sec. 24(1) , for section 225 A which had been ins. by Act 27 of 1870,dec.9.
225B. Resistance or obstruction to lawful apprehension , or escape or rescue in cases not otherwise provided for.- Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of him self or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person form any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.]
Punishment- Imprisonment for 6 months, or fine or both-Non- cognizable –Bailable-Triable by any Magistrate- Non- compoundable.
226. Unlawful return form transportation.- [Rep. By the Code of Criminal Procedure (Amendment) Act, 1945 (26 of 1995),sec. 117 and sch. (w.e.f.1-1-1956).]
227. Violation of condition of remission of punishment.-Whoever, having accepted any conditional remission of punishment , knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.
Punishment- Punishment of original sentence, or if part of the punishment has been undergone, the residute-Cognizable - Non-bailable-Triable by the court which the original offence was triable- Non-compoundable.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.- Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding ; shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
STATE AMENDMENTS
Andhra
Pradesh:
In Andhra Pradesh offence under section 228 is cognizable.
[Vide A.P.G.O Ms. No 732, dated 5-12-1991].
CLASSIFICATION OF OFENCE
Punishment –Simple imprisonment for 6 months, or fine of 1,000 rupees or both -Non -cognizable – Bailable-Triable by the Court in which the offence is committed, subject to the provisions of chapter XXVI- Non-compoundable.
1[228A. Disclosure or identity of the victim of certain offences etc.- (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376,section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed(hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for term which may extend to two years and shall also be liable to fine.
(2) Nothing ins sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is-
(a) by or under the order in writing of the officer – in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purpose of such investigation; or
______________________________________________________________
1. Ins. by Act 43 of 1983,sec.2.
(b) by, or with the authorisation in writing of , the vicitim; or
(c) where the victim is dead or minor or of unsound mind by, or with the authorization in writing of , the nest of kin of the victim:
Provided that no such authorization shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called , of any recognized welfare institution or organization.
Explanation. For the purpose of this sub-section, “recognized welfare institution or organization “ means a social welfare institution or organization recognized in this behalf by the Central or State Government.
(3) Whoever prints or publishers any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanation.- The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this sections.
Para I :Punishment-
Imprisonment for two years, and fine
Cognizable –Bailable-Triable by any Magistrate
- Non- compoundable.
Para II: Punishment –Imprisonment for two years and fine, -Cognizable-Bailable-Triable by Magistrate-Non-compoundable.
229. Personation of a juror or assessor.- Whoever, by resonation or otherwise shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn contrary to law, shall voluntarily serve on such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Punishment- Imprisonment for 2 years, or fine, or both Cognizable –Bailable-Triable by any Magistrate of the first class - Non- compoundable.
OF
OFFENCES RELATION TO COINAND GOVERNMENT STAMPS
230. “ Coin” defined.- 1[Coin is metal used for the time being as money, and stamped and issued by the authority of some State of Sovereign Power] in order to be so used.]
Indian coin.-2[Indian
coin is metal stamped and issued by the authority of the Government of Indian
in order to be used as money ; and metal
which has been so stamped and issued shall continue to be Indian coin for the purposes of this
Chapter, notwithstanding that it may have ceased to be used as money .] Illustrations
a) Cowries are not coin.
b) Lumps of unstamped copper, thought used as money, are not coin.
c) Medals are not coin, in as much as they are not intended to be used as money.
d) The coin denominated as the Company’s rupees is 3[Indian coin].
______________________________________________________
1.
Subs.
by Act 19 of 1872, sec.1,or theoriginal first paragraph.
2.
Subs.
by A.O. 1950, for the former paragraph.
3.
3.Subs.
by the A.O. 1950, for “the Queen’s coin”.
[4(e) The “Farukhabad rupee” which was formerly used as money under the authority of he Government of India is 3[Indian coin] although it is not longer so used].
231. Counterfeiting coin.- Whoever counterfeits or knowingly performs any part of any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.- A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be prectised, caused a genuine coin to appear like a different coin.
Punishment-
Imprisonment for 7 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
232. Counterfeiting Indian coin.- Whoever counterfeits, or knowingly performs ay part of the process of counterfeiting 1[Indian coin], 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.
Punishment- Imprisonment for life, or imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session- - Non- compoundable.
233. Making or selling instrument for counterfeiting coin.- Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or
_______________________________________________________________
4. Ins. by Act 6 of
1896, sec.1.
1. Subs. by the A.O 1950, for “ the queen’s coin”
2.
Subs by Act 26 of 1955,sec.117
and Sch., for “transportation for life”(w.e.f.1-1-1956).
disposes of , any die or instrument , for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Punishment- Imprisonment for 3 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
234. Making or selling instrument for counterfeiting Indian coin.- Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of , any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 1[Indian coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment- Imprisonment for 7 years and fine- Cognizable –Non -Bailable-Triable by any Magistrate of the first class - Non- compoundable.
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin.- Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be 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 l9able to fine;
fine Indian coin.- and if the coin to be counterfeited is 2[Indian coin], shall be
1. Subs. by the A.O 1950, for “ the queen’s coin”
2. Subs by Act 26 of 1955,sec.117 and Sch., for “transportation for life”(w.e.f.1-1-1956).
punished with imprisonment of either description for a term which may extend to ten years also be liable to fine;
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 3 years, or fine -Cognizable –Non-bailable-Triable by any Magistrate- Non- compoundable.
Para II: Punishment -Imprisonment for10 years and fine -Cognizable – Non-bailable-Triable by Court of Session -Non- compoundable.
236. Abetting in Indian the counterfeiting out of India of coin.- Whoever, being within 1[India], abets the counterfeiting of coin out of 1[India] shall be punished in the same manner as if he abetted the counterfeiting of such coin within 1[India].
CLASSIFICATION OF OFENCE
Punishment- The punishment provided for abetting the counterfeiting of such coin within India- Cognizable –Non -Bailable-Triable by Court of Session-Non- compoundable.
237. Import or export of counterfeit coin.- Whoever imports into 1[Indian], or exports there form , any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall be liable to fine.
Punishment- Imprisonment for 3 years and fine- Cognizable –Non -bailable-Triable by Magistrate of the first class - Non- compoundable.
238. Import or export of counterfeits of the India coin.- Whoever imports into1[India], or exports there from, any counterfeit coin, which he knows or has reason to believe to be a counterfeit or 2[Indian coin], shall be punished with imprisonment with 3[imprisonment for life], or with imprisonment of either description for a term which mat extend to ten years and shall also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for life , or imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session - Non- compoundable.
239. Delivery of coin, possessed with knowledge that it is counterfeit.- Whoever, having any counterfeit coin, which at the time when he become possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Punishment- Imprisonment for 5 years and fine- Cognizable –Non -bailable-Triable by any Magistrate of the first class - Non- compoundable.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.- Whoever, having any counterfeit coin which is a counterfeit of 2[Indian coin], at the time when he became possessed of it, he knew to be a counterfeit of 2[Indian coin], fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of
_______________________________________________________________
1.
The
words”British Indian” 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.
2.
Subs.
by the A.O. 1950 or “Queen’s coin”.
3.
Subs.
by Act 26 of 1955,sec.117 and Sch., for “transportation for
life”(w.e.f.1-1-1956)
Either description for a term which may extend to ten years, and shall also be liable to fine.
Punishment- Imprisonment for 10 years and fine- Cognizable –Non -bailable-Triable by Court of Session - Non- compoundable.