Articles

Disability Pension Even Disability Less Than 20 %

 

 

 The important judgment on disability pension ...

 

 

Sukhvinder Singh Vs. Union of India & Ors.

 

[Civil Appeal No. 5605 of 2010]

 

O R D E R

 

1 This Appeal assails the Order passed by the Division Bench of the High Court of Delhi at New Delhi dated March 30, 2006 whereby WP(C) No.3923 of 2005 came to be dismissed. The prayer in the Writ Petition, inter alia, was for the issuance of a writ directing the respondents to release

 

(a) disability pension in favour of the Petitioner if disability is twenty per cent and above,

 

(b) the service element of pension in favour of the Petitioner and

 

(c) to re-enrol the Petitioner if his disability is found less than twenty per cent.

 

2 Succinctly stated, the facts germane for deciding the present Appeal are that consequent to the Primary Medical Examination for Recruitment having been conducted vis-a-vis the Appellant/Petitioner on 22nd December, 2000, he was enrolled in the Indian Army as a Combatant Soldier on 15th March, 2001. It bears noting that Rule 5 of the Entitlement Rules for Casualty Pensionary Awards, 1982, provides that

 

(a) "a member is presumed to have been in sound physical and mental condition upon entering service except as to physical disabilities noted or recorded at the time of entrance

 

(b) in the event of his subsequently being discharged from service on medical grounds any deterioration in his health which has taken place is due to service."

 

Even though this provision postulates a 'casualty' we find no logical reason not to extrapolate it to even simple injuries or disabilities. Therefore, it would be fair to assume that on the date of his recruitment the Appellant was in a sound health; no hearing impairment had been detected at that stage, no adverse noting had been made in the Medical Entry Form viz. AFMSF-2 for existence of any disease at the time of enrolment. This was after the Appellant had been examined physically and medically as contemplated by Regulation 383 which reads thus:-

 

"383.Responsibility of Recruiting and Medical Officers Recruiting officers are responsible for the measurements, apparent age, intelligence and mental suitability of the candidates selected by him. Medical Officers are responsible for the health, physical fitness for service, likely extent of development and identification marks."

 

3 We are not a little surprised that although the Rules or Regulations (Chapter VII of the Regulations for the Medical Services of the Armed Forces, 1983) specifically postulate the formation of Invalidation Medical Boards, they do not set out the medical parameters justifying or requiring serviceman/officer to be removed from service. This feature renders decisions taken by such Boards pregnable to assaults on the grounds of capriciousness or arbitrariness, and this is especially so where the extent of the disability is below twenty per cent.

 

Can the Authorities be permitted to portray that whilst a person has so minor a disability as to disentitle him for compensation, yet suffers from a disability that is major or serious enough to snatch away his employment? This is especially so since Regulation 132 ordains that the "minimum period of qualifying service (without weightage) actually rendered and required for earning service pension shall be 15 years." Moreover, in the case in hand, it appears that no efforts were undertaken by the Respondents to consider whether the Appellant could continue in service in a lower medical category.

 

4 According to the Appellant, on 5.8.2001 he was slapped on the ear by the Instructor in the Training Centre as a consequence of which he suffered shooting pain in that ear and was admitted to the Military Hospital, Kamptee. We have perused the Report of the Medical Officer (ENT), dated 5.8.2001 which has been filed with the Appeal as Annexure P-1. It contains a noting to the effect that the Appellant had stated that he was hit on the ear by a fellow patient in the ward. The diagnosis was that there was "Substandard hearing RT ear (old) c Tr perforation LT TM." It seems to us that the discrepancy in the noting as to the manner in which the injury was sustained was because it was inconceivable for a young recruit to lodge a complaint against his Instructor. Such a complaint would have had serious implications and an Inquiry under Regulation 520 of the Regulations of the Army, 1987 would have had to be carried out.

 

5 On 16.2.2002, the Appellant was presented before the Medical Board which recommended that the Appellant be invalided out of service with disability of 6 per cent to 10 per cent on account of hearing impairment. It will bear repetition that the exercise as to whether the Appellant could be retained in service in some other category was not even thought of or considered or undertaken, in the face of the Pension Regulation for the Army, 1961, Part I, Appendix II (4) and (9) which postulates that "the claimant shall not be called upon to prove the conditions of entitlement. He/she shall receive the benefit of any reasonable doubt. This benefit shall be given more liberally to the claimants in field/afloat service cases." In its letter dated 18th October, 2004 the respondents have recorded that the Invaliding Medical Board (IMB) had considered the Appellant's Invalided Disability (ID) and had concluded it to be:-

 

(i) as neither attributable nor aggravated by Military Service; and

 

(ii) as assessed the degree of disablement of the said disease at 6 to 10 per cent, permanently for life.

 

Inexplicably, but very significantly, it has also been recorded that the above disability had existed before entering service, but had remained undetected by the recruiting Medical Officer. It has further been conveyed to the Appellant by the said letter that as per Regulation 173 of the Pension Regulations for the Army 1961, Part-I, disability pension is granted to an individual on his invalidment from service only when his disability is viewed as attributable or aggravated by Military Service and is assessed at 20 per cent or above by the competent Medical Authority, and since neither of these two factors was present, the Appellant was not entitled to grant of disability pension in terms of the said Regulation. The said Regulation is reproduced below for ease of reference:-

 

"173. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20% or over. 173-A. Individuals who are placed in a lower medical category (other than 'E') permanently and who are discharged because no alternative employment in their own trade/category suitable to their low medical category could be provided or who are unwilling to accept the alternative employment or who having retained in alternative employment are discharged before completion of their engagement, shall be deemed to have been invalided from service for the purpose of the entitlement rules laid down in Appendix II to these Regulations.

 

Note: The above provision shall also apply to individuals who are placed in a low medical category while on extended service and discharged on the account before the completion of the period of their extension. The question whether a disability is attributable to or aggravated by military service shall be determined under the rule in Appendix II."

 

6 We think that it is beyond cavil that a combatant soldier is liable to be invalided out of service only if his disability is 20 per cent or above and there is a further finding that he cannot discharge duties even after being placed in a lower medical category. We are indeed satisfied to note that Rule 173 Appendix-II (10) postulates and permits preferment of claims even "where a disease did not actually lead to the member's discharge from service but arose within ten years thereafter."

 

We, just as every other citizen of India, would be extremely disturbed if the Authorities are perceived as being impervious or unsympathetic towards members of the Armed Forces who have suffered disabilities, without receiving any form of recompense or source of sustenance, since these are inextricably germane to their source of livelihood. Learned Counsel for the respondents has failed to disclose any provision empowering the invaliding out of service of any person whose disability is below 20 per cent. Indeed, this would tantamount to dismissal of a member of the Armed Forces without recourse to a court-martial which would automatically entitle him to reinstatement.

 

Regulation 143 envisages the 'Re-Enrolment of Ex-Servicemen Medically Boarded Out', where the disability is reassessed to be below 20 per cent. It is, therefore, self contradictory to contend that the invaliding out of service of the Appellant was justified despite his disability being of trivial proportions having been adjudged between 6 to 10 per cent only. We shall presume, albeit fortuitously for the Respondents, that re-assessment of the Appellant's disability was not required to be performed because it was found to be permanent. Otherwise, there would be a facial non-compliance with Regulation 143, which is extracted below for ease of reference:-

 

"143.Re-Enrolment of Ex-Servicemen Medically Boarded Out.

 

(a)Ex-Servicemen, who are in receipt of disability pension, will not be accepted for re- enrolment in the Army.

 

(b) Ex-Servicemen, medically boarded out without any disability pension or those whose disability pensions have been stopped because of their disability having been re-assessed below 20% by the Re-Survey Boards, will be eligible for re-enrolment, either in combatant or non-combatant (enrolled) capacity in the Army, provided they are re-medically boarded and declared fit by the medical authorities.

 

If such an ex-serviceman applies for re-enrolment and claims that he is entirely free from the disability for which invalided, he will be medically examined by the Rtg MO and if he considers him fit, the applicant will be advised to apply to officer-in- charge, Records Office concerned, through the recruiting officer for getting himself re-medically boarded. The officer-in-charge, Records Office concerned, on receipt of the application, will arrange for his medical examination at a Military Hospital nearest to his place of residence. The individual concerned will have to pay all his expenses, including that on accommodation and journey to and from the place of medical examination.

 

If the individual is found fit and re-enrolled on regular engagement, he will be enlisted for the full period of combined colour and reserve service, subject to the following conditions:-

 

(i) If he had not previously completed the minimum period of colour service after which he could be transferred to the reserve, he will rejoin the colours and his previous colour service will count towards the minimum service required for transfer to the reserve.

 

(ii) If he had previously completed the minimum period of colour service required for transfer to the reserve and is fully trained and suitable in all other respects, he may be re-enrolled, provided a vacancy in the reserve exists, and be immediately transferred to the reserve.

 

(c) The counting of former service for pension or gratuity is governed by the provisions of Pension Regulations."

 

7 The next submission on behalf of the respondents is that the injury/disability sustained by the Appellant is neither attributable nor aggravated by Military Service, thereby disentitling him for grant of disability pension. We must draw an adverse presumption against the respondents, inasmuch as no impairment in the Appellant's hearing had been detected at the time when he was enrolled on 15.3.2001, pursuant to a complete physical check up. In fact, an adverse presumption is postulated in Appendix II (supra). In our opinion, the version of the Appellant that injury was sustained by him as a result of his having been slapped by his Instructor, or for that matter by any other Combatant, has credibility.

 

We had already adverted to the Confidential Medical Report dated 5th August, 2001 which specifically contains a mention of the Appellant having been assaulted. In the circumstances, we cannot but conclude that the injury was 'either attributable or aggravated by Military Service'. Having undergone a thorough medical examination only one year prior to the incident, had the injury or disability been congenital or been in existence at the time of recruitment, it would have been duly discovered. Therefore, on both counts viz. disability to the extent of less than 20 per cent, as well as it having been occurred in the course of Military Service, the findings have to be in favour of the Appellant.

 

8 Paragraph 183 of the Pension Regulations for the Army 1961, (Part-I) stipulates as under:-

 

"183. The disability pension consists of two elements viz. Service element and disability element which shall be assessed as under:

 

(1) Service element..................

 

(2) Disability element..................

 

In case where an individual is invalidated out of service before completion of his prescribed engagement/service limit on account of disability which is attributable to or aggravated by military service and is assessed below 20 percent, he will be granted an award equal to service element of disability pension determined in the manner given in Regulation 183 Pension Regulations for the Army Part-I(1961). "

 

9 9. We are of the persuasion, therefore, that firstly, any disability not recorded at the time of recruitment must be presumed to have been caused subsequently and unless proved to the contrary to be a consequence of military service. The benefit of doubt is rightly extended in favour of the member of the Armed Forces; any other conclusion would be tantamount to granting a premium to the Recruitment Medical Board for their own negligence. Secondly, the morale of the Armed Forces requires absolute and undiluted protection and if an injury leads to loss of service without any recompense, this morale would be severely undermined.

 

Thirdly, there appears to be no provisions authorising the discharge or invaliding out of service where the disability is below twenty per cent and seems to us to be logically so. Fourthly, wherever a member of the Armed Forces is invalided out of service, it perforce has to be assumed that his disability was found to be above twenty per cent. Fifthly, as per the extant Rules/Regulations, a disability leading to invaliding out of service would attract the grant of fifty per cent disability pension.

 

10 In view of our analysis, the Appellant would be entitled to the Disability Pension. The Appeal is, accordingly, accepted in the above terms. The pension along with the arrears be disbursed to the Appellant within three months from today.

 

11 As there is no representation on behalf of the Appellant, a copy of this Order be dispatched to the Appellant at the given address.

 

There will be no order as to costs.

 

............................................J. [VIKRAMAJIT SEN]

 

............................................J. [SHIVA KIRTI SINGH]

 

New Delhi

June 25, 2014.

 

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1 - Title and extent of operation of the Cod

2 - Punishment of offences committed within India

3 - Punishment of offences committed beyond, but which by law may be tried within India

4 - Extension of Code to extraterritorial offences

5 - Certain laws not to be affected by this Act

6 - Definitions in the Code to be understood subject to exceptions

7 - Sense of expression once explained

8 - Gender

9 - Number

10 - Man, Woman

11 - Person

12 - Public

13 - Repealed

14 - Servant of Government

15 - Repealed

16 - Repealed

17 - Government

18 - India

19 - Judge

20 - Court of Justice

21 - Public Servant

22 - Movable Property

23 - Wrongful gain, Wrongful loss

24 - Dishonestly

25 - Fraudulently

26 - Reason to believe

27 - Property in possession of wife, clerk or servant

28 - Counterfeit

29 - Document 29A - Electronic record

30 - Valuable security

31 - A Will

32 - Words referring to acts include illegal omissions

33 - Act Omission

34 - Acts done by several persons in furtherance of common intention

35 - When such an act is criminal by reason of its being done with a criminal knowledge or intention

36 - Effect caused partly by act and partly by omission

37 - Co-operation by doing one of several acts constituting an offence

38 - Persons concerned in criminal act may be guilty of different offences

39 - Voluntarily

40 - Offence

41 - Special law

42 - Local law

43 - Illegal, Legally bound to do

44 - Injury

45 - Life

46 - Death

47 - Animal

48 - Vessel

49 - Year, Month

50 - Section

51 - Oath

52 - Good faith, 52A - Harbour

53 - Punishment, 53A - Construction of reference to transportation

54 - Commutation of sentence of death

55 - Commutation of sentence of imprisonment for life, 55A - Definition of appropriate Government

56 - Omitted

57 - Fractions of terms of punishment

58 - Omitted

59 - Omitted

60 - Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

61 - Repealed

62 - Repealed

63 - Amount of fine

64 - Sentence of imprisonment for non-payment of fine

65 - Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

66 - Description of imprisonment for non-payment of fine

67 - Imprisonment for non-payment of fine when offence punishable with fine only

68 - Imprisonment to terminate on payment of fine

69 - Termination of imprisonment on payment of proportional part of fine

70 - Fine levied within six years, during imprisonment. Death not to discharge property from liability

71 - Limit of punishment of offence made up of several offences

72 - Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

73 - Solitary confinement

74 - Limit of solitary confinement

75 - Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

76 - Act done by a person bound, or by mistake of fact believing himself bound, by law

77 - Act of Judge when acting judicially

78 - Act done pursuant to the judgment or order of Court

79 - Act done by a person justified, or by mistake of fact believing himself justified, by law

80 - Accident in doing a lawful act

81 - Act likely to cause harm, but done without criminal intent, and to prevent other harm

82 - Act of a child under seven years of age

83 - Act of a child above seven and under twelve of immature understanding

84 - Act of a person of unsound mind

85 - Act of a person incapable of judgment by reason of intoxication caused against his will

86 - Offence requiring a particular intent of knowledge committed by one who is intoxicated

87 - Act not intended and not known to be likely to cause death or grievous hurt, done by consent

88 - Act not intended to cause death, done by consent in good faith for person's benefit

89 - Act done in good faith for benefit of child or insane person, by or by consent of guardian

90 - Consent known to be given under fear or misconception. Consent of Insane person. Consent of child

91 - Exclusion of acts which are offences independently of harm caused

92 - Act done in good faith for benefit of a person without consent

93 - Communication made in good faith

94 - Act to which a person is compelled by threats

95 - Act causing slight harm

96 - Things done in private defence

97 - Right of private defence of the body and of property

98 - Right of private defence against the act of a person of unsound mind, etc.

99 - Acts against which there is no right of private defence

100 - When the right of private defence of the body extends to causing death

101 - When such right extends to causing any harm other than death

102 - Commencement and continuance of the right of private defence of the body

103 - When the right of private defence of property extends to causing death

104 - When such right extends to causing any harm other than death

105 - Commencement and continuance of the right of private defence of property

106 - Right of private defence against deadly assault when there is risk of harm to innocent personAbetment

107 - Abetment of a thing

108 - Abettor, 108A - Abetment in India of offences outside India

109 - Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

110 - Punishment of abetment if person abetted does act with different intention from that of abettor

111 - Liability of abettor when one act abetted and different act done

112 - Abettor when liable to cumulative punishment for act abetted and for act done

113 - Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

114 - Abettor present when offence is committed

115 - Abetment of offence punishable with death or imprisonment for life-if offence not committed

116 - Abetment of offence punishable with imprisonment-if offence be not committed

117 - Abetting commission of offence by the public or by more than ten persons

118 - Concealing design to commit offence punishable with death or imprisonment for life

119 - Public servant concealing design to commit offence which it is his duty to prevent

120 - Concealing design to commit offence punishable with imprisonment

120A - Definition of criminal conspiracy

120B - Punishment of criminal conspiracy

121 - Waging, or attempting to wage war, or abetting waging of war, against the Government of India, 121A - Conspiracy to commit offences punishable by section 121

122 - Collecting arms, etc., with intention of waging war against the Government of India

123 - Concealing with intent to facilitate design to wage war

124 - Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power, 124A - Sedition

125 - Waging war against any Asiatic Power in alliance with the Government of India

126 - Committing depredation on territories of Power at peace with the Government of India

127 - Receiving Property taken by war on depredation mention in Sections 125 and 126

128 - Public servant voluntary allowing prisoner of State or war to escape

129 - Public servant negligently suffering such prisoner to escape

130 - Aiding escape of, rescuing or harbouring such prisoner

Offences relating to the Army, Navy and Air Force

131 - Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

132 - Abetment of mutiny, if mutiny is committed in consequence thereof

133 - Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

134 - Abetment of such assault, if the assault is committed

135 - Abetment of desertion of soldier, sailor or airman

136 - Harbouring deserter

137 - Deserter concealed on board merchant vessel through negligence of master

138 - Abetment of act of insubordination by soldier, sailor or airman, 138A Repealed

139 - Persons subject to certain Acts

140 - Wearing garb or carrying token used by soldier, sailor or airman

Offences against the Public Tranquillity

141 - Unlawful assembly

142 - Being member of unlawful assembly[1]

143 - Punishment for unlawful assembly

144 - Joining unlawful assembly armed with deadly weapon

145 - Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

146 - Rioting

147 - Punishment for rioting

148 - Rioting, armed with deadly weapon

149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object

150 - Hiring, or conniving at hiring, of persons to join unlawful assembly

151 - Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse

152 - Assaulting or obstructing public servant when suppressing riot, etc.

153 - Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed, 153A - Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony, 153AA - Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms, 153B - Imputations, assertions prejudicial to national-integration

154 - Owner or occupier of land on which an unlawful assembly is held

155 - Liability of person for whose benefit riot is committed

156 - Liability of agent of owner of occupier for whose benefit riot is committed

157 - Harbouring persons hired for an unlawful assembly

158 - Being hired to take part in an unlawful assembly or riot

159 - Affray

160 - Punishment for committing affray

161-165A - Repealed

166 - Public servant disobeying law, with intent to cause injury to any person

166A - Public servant disobeying direction under the law

166B - Punishment for non-treatment of victim

167 - Public servant farming an incorrect document with intent to cause injury

168 - Public servant unlawfully engaging in trade

169 - Public servant unlawfully buying or bidding for property

170 - Personating a public servant

171 - Wearing grab or carrying token used by public servant with fraudulent intent

Offences Relating to Elections

171A - Candidate, Electoral Right: Defined

171B - Bribery

171C - Undue Influence at elections

171D - Personation at elections

171E - Punishment for bribery

171F - Punishment for Undue influence or personation at an election

171G - False statements in connection with an election

171H - Illegal payments in connection with an election

171I - Failure to keep election accounts

Contempts of Lawful Authority of Public Servants

172 - Absconding to avoid service of summons or other proceeding

173 - Preventing service of summons or other proceeding, or preventing publication thereof

174 - Non-attendance in obedience to an order form public servant, 174A - Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

175 - Omission to produce to document or electronic record to public servant by person legally bound to produce it -

176 - Omission to give notice or information to public servant by person legally bound to give it

177 - Furnishing false information

178 - Refusing oath or affirmation when duly required by public servant to make it

179 - Refusing to answer public servant authorized to question

180 - Refusing to sign statement

181 - False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

182 - False information, with intent to cause public servant to use his lawful power to the injury of another person

183 - Resistance to the taking of property by the lawful authority of a public servant

184 - Obstructing sale of property offered for sale by authority of public servant

185 - Illegal purchase or bid for property offered for sale by authority of public servan

186 - Obstructing public servant in discharge of public functions

187 - Omission to assist public servant when bound by law to give assistance

188 - Disobedience to order duly promulgated by public servant

189 - Threat of injury to public servant

190 - Threat of injury to induce person to refrain from applying for protection to public servant

False Evidence and Offences against Public Justice

191 - Giving false evidence

192 - Fabricating false evidence

193 - Punishment for false evidence

194 - Giving or fabricating false evidence with intent to procure conviction of capital offence

195 - Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment, 195A - Threatening any person to give false evidence

196 - Using evidence known to be false

197 - Issuing or signing false certificate

198 - Using as true a certificate known to be false

199 - False statement made in declaration which is by law receivable as evidence

200 - Using as true such declaration knowing it to be false

201 - Causing disappearance of evidence of offence, or giving false information to screen offender

202 - Intentional omission to give information of offence by person bound to inform

203 - Giving false information respecting an offence committed

204 - Destruction of document or electronic record to prevent its production as evidence

205 - False personation for purpose of act or proceeding in suit or prosecution

206 - Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

207 - Fraudulent claim to property to prevent its seizure as forfeited or in execution

208 - Fraudulently suffering decree for sum not due

209 - Dishonestly making false claim in Court

210 - Fraudulently obtaining decree for sum not due

211 - False charge of offence made with intent to injure

212 - Harbouring offender

213 - Taking gift, etc., to screen an offender from punishment

214 - Offering gift or restoration of property in consideration of screening offender

215 - Taking gift to help to recover stolen property, etc.

216 - Harbouring offender who has escaped from custody or whose apprehension has been ordered, 216A - Penalty for harbouring robbers or dacoits, 216B - Repealed

217 - Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

219 - Public servant in judicial proceeding corruptly making report, etc., contrary to law

220 - Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

221 - Intentional omission to apprehend on the part of public servant bound to apprehend

222 - Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

223 - Escape from confinement or custody negligently suffered by public servant

224 - Resistance or obstruction by a person to his lawful apprehension

225 - Resistance or obstruction to lawful apprehension of another person' 225A - Omission to apprehend, or sufferance of escape on part of public servant in cases not otherwise, provided for, 225B - Resistant or obstruction to lawful apprehension, or rescue in cases not otherwise provided for

226 - Omitted

227 - Violation of condition of remission of punishment

228 - Intentional insult or interruption to public servant sitting in judicial proceeding, 228A - Disclosure of identity of the victim of certain offences etc.

229 - Personation of a juror or assessor, 229A - Failure by person released on bail or bond to appear in Court

Offences relating to coin and Government Stamps

230 - Coin defined

231 - Counterfeiting notes

232 - Counterfeiting Indian coin

233 - Making or selling instrument for counterfeiting coin

234 - Making or selling instrument for counterfeiting Indian coin

235 - Possession of instrument, or material for the purpose of using the same for counterfeiting coin

236 - Abetting in India the counterfeiting out of India of coin

237 - Import or export of counterfeit coin

238 - Import or export of counterfeits of the India coin

239 - Delivery of coin, possessed with knowledge that it is counterfeit

240 - Delivery of Indian coin, possessed with knowledge that it is counterfeit

241 - Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

242 - Possession of counterfeit coin by person who knew it to be counterfeit when he became possess thereof

243 - Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof

244 - Person employed in mint causing coin to be of different weight or composition from that fixed by law

245 - Unlawfully taking coining instrument from mint

246 - Fraudulently or dishonestly diminishing weight or altering composition of coin

247 - Fraudulently or dishonestly diminishing weight or altering composition of Indian coin

248 - Altering appearance of coin with intent that it shall pass as coin of different description

249 - Altering appearance of India coin with intent that it shall pass as coin of different description

250 - Delivery of coin, possessed with knowledge that it is altered

251 - Delivery of Indian coin, possessed with knowledge that it is altered

252 - Possession of coin by person who knew it to be altered when he became possessed thereof

253 - Possession of Indian coin by person who knew it to be altered when he became possessed thereof

254 - Delivery of coin as genuine, which, when first possess, the deliverer did not know to be altered

255 - Counterfeiting Government stamp

256 - Having possession of instrument or material for counterfeiting Government stamp

257 - Making or selling instrument for counterfeiting Government stamp

258 - Sale of counterfeit Government stamp

259 - Having possession of counterfeit Government stamp

260 - Using as genuine a Government stamp known to be a counterfeit

261 - Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

262 - Using Government stamp known to have been before used

263 - Erasure of mark denoting that stamp has been used, 263A - Prohibition of fictitious stamps

Offences relating to Weight and Measures

264 - Fraudulent use of false instrument for weighing

265 - Fraudulent use of false weight or measure

266 - Being in possession of false weight or measure

267 - Making or selling false weight or measure

Offences affecting the Public Health, Safety, Convenience, Decency and Morals.

268 - Public nuisance

269 - Negligent act likely to spread infection of disease dangerous to life

270 - Malignant act likely to spread infection of disease dangerous to life

271 - Disobedience to quarantine rule

272 - Adulteration of food or drink intended for sale

273 - Sale of noxious food or drink

274 - Adulteration of drugs

275 - Sale of adulterated drugs

276 - Sale of drug as a different drug or preparation

277 - Fouling water of public spring or reservoir

278 - Making atmosphere noxious to health

279 - Rash driving or riding on a public way

280 - Rash navigation of vessel

281 - Exhibition of false light, mark or buoy

282 - Conveying person by water for hire in unsafe or overloaded vessel

283 - Danger or obstruction in public way or line of navigation

284 - Negligent conduct with respect to poisonous substance

285 - Negligent conduct with respect to fire or combustible matter

286 - Negligent conduct with respect to explosive substance

287 - Negligent conduct with respect to machinery

288 - Negligent conduct with respect to pulling down or repairing buildings

289 - Negligent conduct with respect to animal

290 - Punishment for public nuisance in cases not otherwise provided for

291 - Continuance of nuisance after injunction to discontinue

292 - Sale, etc., or obscene books, etc.

293 - Sale, etc., of obscene objects to young person

294 - Obscene acts and songs, 294A - Keeping lottery office

Offences relating to Religion

295 - Injuring or defiling place of worship with intent to insult the religion of any class, 295A - Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs

296 Disturbing religious assembly

297 - Trespassing on burial places, etc.

298 - Uttering, words, etc., with deliberate intent to wound the religious feelings of any person

Offences affecting the Human Body

299 - Culpable homicide

300 - Murder

301 - Culpable homicide by causing death of person other than person whose death was intended

302 - Punishment for murder

303 - Punishment for murder by life convict

304 - Punishment for culpable homicide not amounting to murder, 304A - Causing death by negligence, 304B - Dowery death

305 - Abetment of suicide of child or insane person

306 - Abetment of suicide

307 - Attempt to murder

308 - Attempt to commit culpable homicide

309 - Not Applicable as per latest hearing

310 - Thug

311 - Punishment

312 - Causing miscarriage

313 - Causing miscarriage without woman's consent

314 - Death caused by act done with intent to cause miscarriage

315 - Act done with intent to prevent child being born alive or to cause it to die after birth

316 - Causing death of quick unborn child by act amounting to culpable homicide

317 - Exposure and abandonment of child under twelve years, by parent or person having care of it

318 - Concealment of birth by secret disposal of dead body

320 - Grievous hurt

321 - Voluntarily causing hurt

322 - Voluntarily causing grievous hurt

323 - Punishment for voluntarily causing hurt

324 - Voluntarily causing hurt by dangerous weapons or means

325 - Punishment for voluntarily causing grievous hurt

326 - Voluntarily causing grievous hurt by dangerous weapons or means 326A - Voluntarily causing hurt by use of acid,etc. 326B - Voluntarily throwing or attempting to throw acid

327 - Voluntarily causing hurt to extort property, or to constrain to an illegal act

328 - Causing hurt by means of poison, etc. with intent to commit an offence

329 - Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

330 - Voluntarily causing hurt to extort confession, or to compel restoration of property

331 - Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

332 - Voluntarily causing hurt to deter public servant from his duty

333 - Voluntarily causing grievous hurt to deter public servant from his duty

334 - Voluntarily causing hurt on provocation

335 - Voluntarily causing grievous hurt on provocation

336 - Act endangering life or personal safety of others

337 - Causing hurt by act endangering life or personal safety of others

338 - Causing grievous hurt by act endangering life or personal safety of others

339 - Wrongful restraint

340 - Wrongful confinement

341 - Punishment for wrongful restraint

342 - Punishment for wrongful confinement

343 - Wrongful confinement for three or more days

344 - Wrongful confinement for ten or more days

345 - Wrongful confinement of person for whose liberation writ has been issued

346 - Wrongful confinement in secret

347 - Wrongful confinement to extort property, or constrain to illegal act

348 - Wrongful confinement to extort confession, or compel restoration of property

349 - Force

350 - Criminal force

351 - Assault

352 - Punishment for assault or criminal force otherwise than on grave provocation

353 - Assault or criminal force to deter public servant from discharge of his duty

354 - Assault or criminal force to woman with intent to outrage her modesty, 354A - Sexual Harassment and punishment for sexual harassment, 354B - Assault or use of Criminal force to woman with intent to disrobe, 354C - Voyeurism, 354D - Stalking

355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

356 - Assault or criminal force in attempt to commit theft of property carried by a person

357 - Assault or criminal force in attempt wrongfully to confine a person

358 - Assault or criminal force on grave provocation

359 - Kidnapping

360 - Kidnapping from India

361 - Kidnapping from lawful guardianship

362 - Abduction

363 - Punishment for kidnapping, 363A - Kidnapping or maiming a minor for purposes of begging

364 - Kidnapping or abducting in order to murder, 364A - Kidnapping for ransom, etc.

365 - Kidnapping or abducting with intent secretly and wrongfully to confine person

366 - Kidnapping, abducting or inducing woman to compel her marriage, etc., 

366A - Procuration of minor girl, 366B - Importation of girl from foreign country

367 - Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

368 - Wrongfully concealing or keeping in confinement, kidnapped or abducted person

369 - Kidnapping or abducting child under ten years with intent to steal from its person

370 - Buying or disposing of any person as slave, 370A - Exploitation of a trafficked person

371 - Habitual dealing in slave

372 - Selling minor for purposes of prostitution, etc.

373 - Buying minor for purposes of prostitution, etc.

374 - Unlawful compulsory labour

375 - Rape

376 - Punishment for rape, 376A - Punishmment for causing death or resulting in persistent vegetative state of victim, 376B - Sexual Intercourse by a man with his wife during separation, 376C - Sexual Intercourse by a person in authority, 376D - Gang Rape, Intercourse by any member of the management or staff of a hospital with any woman in that hospital, 376E - Punishment for repeat offenders

377 - Unnatural offences

Offences Against Property

378 - Theft

379 - Punishment for theft.-- Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

380 - Theft in dwelling house, etc.

381 - Theft by clerk or servant of property in possession of master

382 - Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

383 - Extortion

384 - Punishment for extortion

385 - Putting person in fear of injury in order to commit extortion

386 - Extortion by putting a person in fear of death or grievous hurt

387 - Putting person in fear of death or of grievous hurt, in order to commit extortion

388 - Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

389 - Putting person in fear of accusation of offence, in order to commit extortion

390 - Robbery

391 - Dacoity

392 - Punishment for robbery

393 - Attempt to commit robbery

394 - Voluntarily causing hurt in committing robbery

395 - Punishment for Dacoity

396 - Dacoity with murder

397 - Robbery, or dacoity, with attempt to cause death or grievous hurt

398 - Attempt to commit robbery or dacoity when armed with deadly weapon

399 - Making preparation to commit dacoity

400 - Punishment for belonging to gang of dacoits

401 - Punishment for belonging to gang of thieves

402 - Assembling for purpose of committing dacoity

403 - Dishonest misappropriation of property

404 - Dishonest misappropriation of property possessed by deceased person at the time of his death

405 - Criminal breach of trust

406 - Punishment for criminal breach of trust

407 - Criminal breach of trust by carrier, etc.

408 - Criminal breach of trust by clerk or servant

409 - Criminal breach of trust by public servant, or by banker, merchant or agent

410 - Stolen Property

411 - Dishonestly receiving stolen property

412 - Dishonestly receiving property stolen in the commission of a dacoity

413 - Habitually dealing in stolen property

414 - Assisting in concealment of stolen property

415 - Cheating

416 - Cheating by personation

417 - Punishment for cheating

418 - Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

419 - Punishment for cheating by personation

420 - Cheating and dishonestly inducing delivery of property

421 - Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

422 - Dishonestly or fraudulently preventing debt being available for creditors

423 - Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

424 - Dishonest or fraudulent removal or concealment of property

425 - Mischief

426 - Punished for mischief

427 - Mischief causing damage to the amount of fifty rupees

428 - Mischief by killing or maiming animal of the value of ten rupees

429 - Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees

430 - Mischief by injury to works of irrigation or by wrongfully diverting water

431 - Mischief by injury to public road, bridge, river or channel

432 - Mischief by causing inundation or obstruction to public drainage attended with damage

433 - Mischief by destroying, moving or rendering less useful a light-house or sea-mark

434 - Mischief by destroying or moving, etc., a land- mark fixed by public authority

435 - Mischief by destroying or moving, etc., a land- mark fixed by public authority Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

436 - Mischief by fire or explosive substance with intent to destroy house, etc.

437 - Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

438 - Punishment for the mischief described in section 437 committed by fire or explosive substance

439 - Punishment for intentionally running vessel agground or ashore with intent to commit theft, etc.

440 - Mischief committed after preparation made for causing death or hurt

441 - Criminal trespass

442 - House trespass

443 - Lurking house-trespass

444 - Lurking house-trespass by night

445 - Housing breaking

446 - House-breaking by night

447 - Punishment for criminal trespass

448 - Punishment for house-trespass

449 - House-trespass in order to commit offence punishable with death

450 - House-trespass in order to commit offence punishable with imprisonment for life

451 - House-trespass in order to commit offence punishable with imprisonment

452 - House-trespass after preparation for hurt, assault or wrongful restraint

453 - Punishment for lurking house-trespass or house-breaking

454 - Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

455 - Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

456 - Punishment for lurking house-trespass or house-breaking by night

457 - Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment

458 - Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

459 - Grievous hurt caused whilst committing lurking house trespass or house-breaking

460 - All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

461 - Dishonestly breaking open receptacle contain

462 - Punishment for same offence when committed by person entrusted with custody

Chapter XVIII[edit]

Offences relating to Documents and Property Marks

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 or electronic record

471 - Using as genuine a forged document or electronic record

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 or electronic record 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

478 - Omitted

479 - Property mark

480 - Omitted

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 - Making 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 - Tempering with property mark with intent to cause injury, 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

the Criminal Breach of Contracts of Service

490 - Repealed

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

492 – Repealed

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

Cruelty by Husband or relatives of Husband

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

499 - Defamation

500 - Punishment for defamation

501 - Printing or engraving matter known to be defamatory

502 - Sale of printed or engraved substance containing defamatory matter

503 - Criminal intimidation

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

505 - Statements conducing to public mischief

506 - Punishment for criminal intimidation

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

511 - Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment  of IPC

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