Articles

Amended Section 6 of Hindu Succession Act, 1956 has Retroactive Effect


Bombay High Court Full Bench held 

 

Introduction

An important question of law came up before the full Bench of the Bombay High Court comprising of Hon’ble Chief Justice Mohit Shah, Justice M. S Sanklecha and Justice M.S Sonak by way of reference to determine as to whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, 2005 is prospective or retrospective in operation?
Other questions referred before the full bench for adjudication were as under:
• Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, 2005 applies to daughters born prior to 17.6.1956?
• Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? 
• Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, 2005 applies only to daughters born after 9.9.2005?
• Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?”
The primary question to be determined was the period since when amendment made in the year 2005 to the Hindu Succession Act, 1956 (Act) can be stated to be effective in reference to Section 6 of the Act, which provides for devolution of interest in coparcenary property. Section 6 was amended by the Amendment Act of 2005 which came into force with effect from 9th September 2005.
Background
The division Bench of Bombay High Court in the case of Vaishali S. Ganorkar v/s. Satish Keshavrao Ganorkar & Others, [2012 INDLAW MUM 48],  held that Section 6 of the Hindu Succession  Act as substituted by Section 3 of the Amendment Act (amended Section 6) was prospective in operation and it applied to daughters born on or after 9th September 2005. It was further held by the Division Bench that daughters would get rights in coparcenary property upon death of their father-coparcener on or after 9th September 2005. Prior to the enactment of the Hindu Succession (Amendment) Act, 2005, Hindu Succession Act, 1956, Act did not provide any rights to daughters in respect of partition of property or the right to demand partition or claim shares in the coparcenary property. 
The Learned Single Judge of the Bombay High Court vide impugned judgment held otherwise, whereby disagreeing with the view taken by Division Bench in Vaishali S. Ganorkar’s case holding amended Section 6 was retrospective in operation, that is applicable w.e.f. 17th June 1956 i.e. the date of commencement of the Principal Act and applies to all daughters of a coparcener who are born either before or after 9 September 2005 or daughters born before or after 17 June 1956. The learned Single Judge held that a daughter by birth becomes a coparcener in a Hindu coparcenary in her own right in the same manner as a son, having the same rights in the coparcenary property as she would have had if she had been a son and subject to the same liabilities in respect of the said coparcenary property as that of a son in terms of sub-section (1) of the amended Section 6.
In the above circumstances, the questions as above were referred before the Full Bench for its adjudication.

Discussion

The Court held that a statute should be construed on its plain meaning and when the plain reading of the provision is not very clear, one has to apply an appropriate tool of interpretation to unearth the intent, object and purpose of the enactment. What needs to apply is the Mischief or Purposive Rule of interpretation to find out the true and correct meaning of the statute. 
The Principal Act as enacted did not provide any rights to the daughters in respect of the partition of the property or any rights to demand partition of the property or even claim a share in the coparcenary property. The only right of the daughter would be to get a share in the father's share in the coparcenary property and the same would arise only on the death of her ancestor -coparcener. This led to gender discrimination and daughters were left out from enjoying the coparcenary property being violative of Articles 14 and 15 of the Constitution of India which provide for equal rights to all citizens and a mandate not to be discriminated on account of religion, caste, sex or birth.
Realizing the dichotomy and gender discrimination being sanctioned by the law, Law Commission of India undertook the study of the provisions of Hindu Law with regard to the laws of inheritance and particularly, with regard to rights of daughters. 
The Law Commission in its 174th Report recommended that the daughter of a coparcener should be given equal right as that of a son by virtue of her birth in the joint Hindu family based whereupon a Bill was introduced. 
Bare perusal of sub-section (1) of Section 6 clearly shows that the legislative intent in enacting clause (a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth, but the legislative intent in enacting clauses (b) & (c) was retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9th September 2005, since she would not have acquired any rights in the coparcenary property, her heirs would have no right in the coparcenary property. Since Section 6(1) expressly confers right on daughter only on and with effect from the date of coming into force of the Amendment Act, it was held as not possible to take the view that heirs of such a deceased daughter can also claim benefits of the amendment.

Two conditions necessary for applicability of Amended Section 6(1) are: (i) The daughter of the coparcener (daughter claiming benefit of amended Section 6) should be alive on the date of amendment coming into force; (ii) The property in question must be available on the date of the commencement of the Act as coparcenary property;

Conclusion

It was held that Section 6 as amended by the 2005 Amendment Act is retroactive in nature meaning thereby the rights under Section 6(1)(b) and (c) and under sub-Rule (2) are available to all daughters living on the date of coming into force of the 2005 Amendment Act i.e. on 9th September 2005, though born prior to 9 September 2005. Obviously, the daughters born on or after 9 September 2005 are entitled to get the benefits of Amended Section 6 of the Act under clause (a) of sub section (1). In other words, the heirs of daughters who died before 9th September 2005 do not get the benefits of amended Section 6.
It was held that amendment Act applies to daughters born any time provided the daughters born prior to 9 September
2005 are alive on the date of coming into force of the Amendment Act i.e. on 9 September 2005.
It was further held that the Amended Section 6 applies to daughters born prior to 17 June 1956 or thereafter (between 17 June 1956 and 8 September 2005), provided they are alive on 9 September 2005 that is on the date when the Amendment Act of 2005 came into force and accordingly Decision of the Division Bench of the Bombay High Court in Vaishali S. Ganorkar was held to be per incurium the Supreme Court decision in Ganduri Koteshwaramma case [2011 INDLAW SC 739].                           

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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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