Using such false mark. Defacing property intent to cause in jury. contain, or that it does not contain goods which it does contain, or that the goods contained in such package or receptacle are of a nature or quality different from the real nature or quality thereof, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 488. Whoever fraudulently1 makes use of any such false mark with the intent last aforesaid, knowing such mark to be false, shall be punished in the manner mentioned in the last preceding section. 2 489. Whoever removes, destroys or defaces any propertymark, 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. CHAPTER XIX. OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 1. contract voyage or 490. Whoever, being bound by a lawful contract 2 to render Breach of his personal service in conveying or conducting any person or of service any property from one place to another place, or to act as during servant to any person during a voyage or journey 3, or to guard journey. any person or property during a voyage or journey, voluntarily 4 omits so to do, except in the case of illness or ill-treatment 5, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both ". Illustrations. (a) A, a palanquin bearer, being bound by legal contract to carry Z from one place to another, runs away in the middle of the stage. A has committed the offence defined in this section. (b) A, a cooly, being bound by lawful contract to carry Z's baggage from one place to another, throws the baggage away. Α has committed the offence defined in this section. (e) 4, a proprietor of bullocks, being bound by legal contract to convey goods on his bullocks from one place to another, illegally omits to do so. A has committed the offence defined in this section. (d) A, by unlawful means, compels B, a cooly, to carry his baggage. B in the course of the journey puts down the baggage and runs away. Here, as B was not lawfully bound to carry the baggage, he has not committed any offence. 1 No Court can take cognizance of an offence under this chapter except upon a complaint made by some person aggrieved by such offence, Cr.P.C. Bec.198. Any offence under this chapter may be compounded, ibid. sec. 345. The 'lawful contract' of the secs. 490, 491, 492, and the 'legal contract' of illustrations a and c to sec. 490, doubtless mean the same thing, viz. an agreement enforceable by law. 3 The words 'during a voyage or journey' apply to another place' as well as to any person.' The section is therefore inapplicable to the breach of an agreement for personal service in conveying indigo from the field Breach of contract to attend on and supply wants of helpless persons. Breach of contract to serve at expense. Explanation. It is not necessary to this offence that the contract should be made with the person for whom the service is to be performed. It is sufficient if the contract is legally made with any person, either expressly or impliedly, by the person who is to perform the service. Illustration. A contracts with a dâk company to drive his carriage1 for a month. B employs the dâk company to convey him on a journey, and during the month the company supplies B with a carriage which is driven by A. A in the course of the journey voluntarily leaves the carriage. Here, although A did not contract with B, A is guilty of an offence under this section. 491. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease of bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily 2 omits so to do 3, 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. 5 492. Whoever, being bound by lawful contract in writing to work for another person as an artificer, workman or labourer, distant for a period not more than three years, at any place within place to which British India to which by virtue of the contract he has been servant is or is to be conveyed at the expense of such other, voluntarily conveyed at master's deserts the service of that other during the continuance of his contract, or without reasonable cause refuses to perform the service which he has contracted to perform, such service being reasonable and proper service, shall be punished with imprisonment of either description for a term not exceeding one month, or with fine not exceeding double the amount of such expense, or with both; unless the employer has ill-treated him or neglected to perform the contract on his part. 6 CHAPTER XX. OF OFFENCES RELATING TO MARRIAGE 1. 493. EVERY man who by deceit causes any woman who is Cohabitation caused not lawfully married to him, to believe that she is lawfully by married to him and to cohabit or have sexual intercourse with deceitfully him in that belief, shall be punished with imprisonment of belief of inducing either description for a term which may extend to ten years, lawful and shall also be liable so fine. marriage. husband 494. Whoever, having a husband or wife living 2, marries Re-marin any case in which such marriage is void by reason of its riage during taking place during the life of such husband or wife 3, shall be lifetime of punished with imprisonment of either description for a term or wife. which may extend to seven years, and shall also be liable to fine+. 1 No Court can take cognizance of an offence falling under secs. 493-496 except upon a complaint made by some person aggrieved by such offence (Cr. P. C. sec. 198), and no Court can take cognizance of an offence under Bec. 497 or sec. 498, except upon a complaint made by the husband of the woman, or, in his absence, by some person who had care of her on his behalf at the time when the offence was committed (Cr. P. C. sec. 199). Where A is prosecuted for a rape on Z's wife and Z appears as a witness against him, this does not amount to such a complaint as will sustain an alternative charge against A for committing adultery with the wife, 5 All. 233 2 See 6 Bom. 126, where there had been an invalid divorce of a Hindú married couple, and the wife had married again during her husband's life. Hindú law does not consider a marriage dissolved by apostasy. Where, therefore, a Hindú wife was converted to Muhammadanism and This section applies to a Hindú Where a woman belonging to the Teli caste finding that her husband was a leper, married during his life without his consent but with the Same of fence with concealment of former marriage. Fraudu lently going Exception. This section does not extend to any person whose marriage, with such husband or wife, has been declared void by a Court of competent jurisdiction 1, 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. 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 2. 3 496. Whoever dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that he through 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. marriage ceremony. permission of her caste, the Court re- A custom of the Talapda Kolí |