Making or possessing counterfeit seal, &c., with intent to forge valuable security or will

472

Making or possessing counterfeit seal, &c., with intent to forge other
documents
Possession of valuable security or will known to be forged with intent to
use it as genuine
Counterfeiting mark used for authenticating valuable security or will
Counterfeiting mark used for authenticating other documents
Fraudulent cancellation &c. of will

473

474

475

476

477

TRADE AND PROPERTY-MARKS.

Fraudulent making or possessing die for counterfeiting property or trade-mark

Trade-mark

Property-mark

Using false trade-mark

Using false property-mark

Using false trade or property-mark with intent to deceive or injure
Counterfeiting trade or property-mark used by another, with intent, &c.
Counterfeiting property-mark used by public servant

478 479

480

481

482

483

484

Knowingly selling goods marked with counterfeit property or trademark

Breach of contract of service during voyage or journey.
Breach of contract to attend on and supply wants of helpless persons
Breach of contract to serve at distant place to which servant is con-
veyed at master's expense

CHAPTER XX.

OF OFFENCES RELATING TO MARRIAGE.

SECTION

Cohabitation caused by man deceitfully inducing belief of lawful mar

riage

Remarriage during life-time of husband or wife

Same offence with concealment of former marriage

Fraudulently going through marriage ceremony

Adultery

Enticing, taking away, or detaining with criminal intent married

woman

CHAPTER XXI.

OF DEFAMATION.

498

Merits of case decided in Court, or conduct of persons concerned ib. exc. 5
Merits of public performance

Censure passed in good faith by person having lawful au-
thority over another.

.

Accusation preferred in good faith to duly authorised person.
Imputation made in good faith for protection of maker's
interests

Caution intended for good of person to whom it is conveyed or
for public good.

Punishment for defamation

Printing or engraving matter known to be defamatory

Sale of printed or engraved substance containing defamatory matter

SECTION

Inducing one to believe that he will by offender's act become object of

ACT No. XLV OF 1860.

PASSED BY THE LEGISLATIVE COUNCIL
OF INDIA.

(Received the assent of the Governor-General on the 6th October 1860).

THE INDIAN PENAL CODE

[As amended by Acts Nos. VI of 1861, XIV of 1870,
XXVII of 1870, XIX of 1872, X of 1873,
and VIII of 1882].

CHAPTER I.

INTRODUCTION.

WHEREAS it is expedient to provide a general Penal Code Preamble. for British India; It is enacted as follows:

ment.

1. This Act shall be called THE INDIAN PENAL CODE, and Title. shall take effect on and from the first day of January 1862 1 Commencethroughout the whole of the territories 2 which are or may Local become vested in Her Majesty by the statute 21 and 22 extent. Victoria, chapter 106, entitled 'An Act for the better government of India,' except the Settlement of Prince of Wales' Island, Singapore and Malacca 3.

'Act VI of 1861.

2 As to offences committed on the high seas, but within three miles from the coast of British India, see 8 Bom. H. C., Cr. Ca. 63. As to offences on the high seas, beyond that limit, 7 Bom. H. C., Cr. Ca. 89; and

see above, pp. 5, 6.

This exception is practically repealed by Act V of 1867, which extends the Code to the Straits Settlement. As to the operation of the Code in places outside British India, see above, p. 3.

Offences

within

2. Every person shall be liable to punishment under this committed Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within the said territories on or after the said first day of January 1862 1.

British
India.

Offences 3. Any person liable, by any law passed by the Governorcommitted General of India in Council, to be tried for an offence com

beyond,

within

but triable mitted beyond the limits of the said territories, shall be dealt with according to the provisions of this Code for any act2 committed beyond the said territories, in the same manner as if such act had been committed within the said territories 3.

British
India.

within

allied State.

Offences 4. Every servant of the Queen shall be subject to punishcommitted ment under this Code for every act or omission contrary to the by servant Queen provisions thereof, of which he, whilst in such service, shall be guilty on or after the said first day of January 1862, within the dominions of any Prince or State in alliance with the Queen by virtue of any treaty or engagement heretofore entered into with the East India Company, or which may have been or may hereafter be made in the name of the Queen by any Government of India.

Saving of certain laws.

5. Nothing in this Act is intended to repeal, vary, suspend, or affect any of the provisions of the Statute 3 & 4 William IV, Chapter 855, or of any Act of Parliament passed after that Statute in any wise affecting the East India Company, or the said territories, or the inhabitants thereof; or any of the provisions of any Act for punishing mutiny and desertion of Officers and Soldiers in the service of Her Majesty, or of any special or local law 6.

The meaning is that for acts and omissions theretofore treated as criminal offences, every person should in future be liable to punishment under the Code and not otherwise, provided such act or omission be contrary to its provisions, 3 Mad. H. C. Rulings, xvi, xvii.

2 Secs. 32, 33.

3 See 8 Bom. H. C., Cr. Ca. 92.

See sec. 14, below.

5 It is hard to see which of the unrepealed sections of this statute could in the absence of this saving have been affected by the Code. Possibly secs. 52, 73, 76, 80.

As to the effect of the last seven words see 3 Mad. H.. C. Rulings, xvii, xxi. For lists of special and local laws, see above, pp. 7-10.