CHAPTER XVI

OF OFFENCE AFFECTING THE HUMAN BODY

299. (1) Whoever causes death by doing an Act with the intention of causing such bodily injury as is likely to cause death commits the offence of culpable homicide not amounting to murder.

(2) Whoever causes death by doing an Act with the intention of causing death, or with the intention of causing such bodily injury as in fact is sufficient in the ordinary course of nature to cause death, commits the offence of culpable homi­cide not amounting to murder in any of the following cases:-­

(A) If he, whilst deprived of the power of self -control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident:

Provided- –

First.– That the provocation is not sought or vol­untarily provoked by the offender as an excuse for killing or doing harm to any person;

Secondly– That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; and

Thirdly. That the provocation is not given by anything done in the lawful exercise of the right of private defence.

Explanation.– Whether the provocation was grave and sudden enough to deprive the offender of the power of self – control is question of fact.

(B) If he, in the exercise in good faith of the right of private defence of person or property, exceeds the power given. to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.

(C) If he, being a public servant or aiding a public servant for the advancement of public justice, exceeds the pow­ers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of the duty of such public servant and without ill – will towards the person whose death is caused.

(D) If he, acts without premeditation in a sudden fight the heat of passion upon a sudden quarrel and without having taken undue advantage or acted in a cruel or unusual manner.

Explanation.– It is immaterial in such cases which party offers the provocation or commits the first assault.

(E) If he, causes the death of a person who is above the age of eighteen years and who suffers death or takes the risk of death with his own consent.

1300. Whoever, in the absence of any circumstance which makes the act one of culpable homicide not amounting to mur­der, causes death by doing an act with the intention of causing death, or with the intention of causing bodily injury as in fact is sufficient in the ordinary course of nature to cause death, com­mits the offence of murder.

1300A. In sections 299 and 300–.

(a) a person who causes bodily injury to another who is labouring under a disorder, discase or bodily in­firmity, and thereby accelerates the death of that other, shall be deemed to have caused his death’s.

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1Sustituted by Act XXVII, 1960

(b) where death is caused by bodily injury, the offender’s knowledge of the weakness or infirmity of the person on whom the bodily injury is inflicted is a relevant factor in proving the nature of his inten­tion;

(c) the offender’s knowledge an act is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cal4se deaths, is a relevant factor in proving the nature of his intention;

(a) where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death although by resorting to proper remedies and skilful treatment the death might have been prevented;

(e) the causing of the death of a child in the mother’s womb is not homicide.

But it may amount to culpable homicide to cause the death of a living child if any cart of that child has been brought forth, thought the child may not have breathed or been completely born.

1301. If a person, by doing anything which he intends or knows to be likely to cause death, commits an offence by caus­ing tie death of any person whose death he neither intends nor knows himself to be likely to cause, the offence committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Explanation.– In this section the word “offence” means an offence described in section 299 or section 300 or section 304A.

1302.(1) Whoever commits murder —

(a) being under sentence of transportation for life or

(b) with premeditation, or

(c) in the course of committing any offence pun­ishable under this Code with imprisonment for a term which may extend to seven years, shall be punished with death, and shall also be liable to fine.

(2) Whoever commits murder in any other case shall be punished with transportation for life, or with rigorous im­prisonment for a term which may extend to ten years, and shall also be liable to fine.

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1 Substituted by Act XXVII, 1960

Explanation.– Whether an act is premeditated is a question of fact.

303.* * *

1304. Whoever commits Culpable homicide not amount­ing to murder shall be punished with transportation for life, or imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

2304A Whoever causes the death of any person by doing any rash or negligent act not punishable as culpable homi­cide or murder shall be punished with imprisonment of either description for a term which ~nay extend to seven years, and shall also be liable to fine: provided that, if such act is done with the knowledge that it is likely to cause death, the term of imprisonment may extend to ten years.

305. If any person under eighteen years of age, any in­sane person, any delirious person, any idiot, or any person ma state of intoxication commits suicide, whoever abets the com­mission of such suicide shall be punished with death or trans­portation for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

307. Whoever does any act with such intention [***] 3 and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with im­prisonment of either description for a term which may extend to ten years, and shall also be liable to fine: and, if hurt is caused to any person by such act, the offender shall be liable either to transportation for life, or to such punishment as is here in before mentioned.

When any person offending under this section is under sentence of transportation for life he may, if hurt is caused , be punished with death.

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1. Substituted by Act XXVII, 1960

2. Substituted by Act LII, 1948. .

3. The words “or knowledge” were omitted by Act XXXIII 1947

Illustrations

(a) A should at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this dection.

(b) A with the intention of causing the death of a child of tender years exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

(c) A. intending to murder Z, buys gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z he is liable to the punishment provided by the latter part of first paragraph of this section.

(d) A, intending to murder Z by posion, purchases posion and mixes the same with food which remains in A’s keeping: has nor yet committed the offence in this section. A places the food on Zs table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.

308. Whoever does any act with such intention (* * *) 1 and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide or amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may ex­tend to~ seven years, or with fine, or with both.

Illustrations

A, on grave and sudden provocation fires a pistol at Z, under such circumstance that if he thereby caused death he would be guilty of capable homicide not amounting to murder. A has committed the offence defined in this section.

309. Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment of either description for a term which may ex­tend to one year, or with fine, or with both.

310. Whoever shall have been habitually associated with any other or others for the purpose committing robbery or child – stealing by means of or accompanied with murder is a thug.

311. Whoever is a thug shall be punished with transpor­tation for life, and shall also be liable to fine.

Of the causing of Miscarriage, of Injuries to unborn Children,

of the Exposure of infants, and of the Concealment of Births.

312. Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be’ quick with child, shall be punished with imprisonment of ei­ther description for a term which may extend to seven years, and shall also be liable to fine.

Explanation.– A woman who causes herself to miscarry is within the meaning of this section.

2312A. Whoever intentionally does sterilization by surgery to a woman shall , unless such sterilization is certified by the Board appointed by the Government in this to be necessary for reasons of physical or mental health, be punished with im­prisonment for a term which may extend to three years, and shall also be liable to fine: Provided that in cases where immediate action must be taken in order to save the life of the woman no such certificate is necessary.

2312B. Whoever intentionally does sterilization by sur­gery to a man shall , unless such sterilization is certified by the Board appointed by the Government in this behalf to be neces­sary for reasons of physical or mental health, be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

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1. The words “or knowledge” were omitted by Act XXX III, 1947

2. Inserted by R.C. Law VII, 1963.

2312C. Whoever voluntarily allows oneself to be steril­ized by surgery, unless such sterilization is certified by the Board appointed by Government on this behalf to be necessary for rea­sons of physical or mental health, shall be punished with im­prisonment for a term which may extend to three years, an~ shall also be liable to fine.

2312D. Whoever intentionally does sterilization by sur­gery to any person thereby causing the death of such person shall, unless such sterilization is certified by the Board appointed by Government in this behalf to be necessary for reasons of physi­cal or mental health, be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

313. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with transportation for life, or with imprisonment of either descrip­tion for a term which may extend-to seven years, and shall also be liable to fine.

314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine

and if the act is done without the consent of the woman, shall be punished either with transportation for life, or with the punishment above mentioned.

Explanation.– It is not essential to this offence that the offender should know that the act is likely to cause death.

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1. Inserted by R.C. Law VII, 1963

315. Whoever, before the birth of any child, act with the intention of thereby preventing that child from born alive or causing it to die after its birth, and does by prevent that child from being born alive, or causes it to die birth, shall, if such act be not caused in good faith for the of saving the life of the mother, be punished with either description for a term which may extend to ten years, shall be liable to fine.

1316. Whoever without lawful excuse does any knowing that he is likely to case death to a pregnant woman, does by such act cause the death of a quick unborn child, be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

317. Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention wholly abandoning such child shall be punished with imprisonment of either description for a term which may extend to seven years and shall be liable to fine.

Explanation.– This section is not intended to prevent th4 trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

318. Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether such child die before or after or during is birth, intentionally coneals or endeavours to conceal the birth of such child shall be punished with imprisonment)f either description for a term which may extend to two years, an ;hall be liable to line.

Of Hurt

319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

320. ‘the following kinds of hurt only are designated as “grievous”

First.– Emasculation.

Secondly– Permanent privation of the sight of either eye.

Thirdly.– Permanent privation of the hearing of either ear.

Fourthly– Privation of any member or joint.

Fifthly — Destruction or permanent imparing of the powers of any member or joint.

Sixthly– Permanent disfiguration of the head or face.

Seventhly. — Fracture or dislocation of a bone or tooth.

Eighthly. — Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe I bodily pain, or unable to follow his ordinary pursuits.

321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”

322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows 4iimself to be’ likely’ to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.”

Explanation.– A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and in-tends or know himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if intending or know-1mg himself to be likely to cause grievous hurt of one kind he actually causes grievous hurt of another kind.

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1. Substituted by Act XXXIII. 1947

Illustrations

A , intending or knowing himself to be likely permanently to disfigure Z’s face, gives a blow which does not permanently disfigure Z’s face, bit. which causes Z ~o suffer serve bodily pain for the space of twenty days, A -has vol~itari1y caused grievous hurt.

323. Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with imprison­ment of either description for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both

324. Whoever, except in the case provided for by sec­tion 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or shall be punished with imprisonment of either ‘description for a term which may extend to three year, or with fine, which may extend to one thousand rupees, or with both.

325. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

326. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt by means of any instru­ment for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, by moans of any posion or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or receive into the blood, or by an animals, animals, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also lx liable to fine.

327. Whoever voluntarily causes hurt for the purpose of extorting I7rom the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do any thing which is illegal or which may facilitate the commission of an offence. shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

328. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or un­wholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person inter­ested in the sufferer any property or valuable security, or of con­straining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commis­sion of an offence, shall be punished with transportation for life, or imprisonment of either description for a term which may ex­tend to ten years, and shall also be liable to fine.

330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or any person interested in the sufferer, any confession or an information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give informa­tion which may lead to the restoration of any property or valu­able security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also liable to fine.

(a) A , police-officer tortures Z in order to induce Z to confess he committed a crime A is guilty of an offence under this section.

(b) A police-officer tortures B to induce him to point out certain stolen property is deposited, A is guilty of an offence under section.

(c) A , a revenue officer tortures Z in order to compel him to -certain arrers of revenue due from Z. A is guilty of an offence under section.

(d) A , a landlord, tortures a tenant in order to compel him to pay his rent. A is guilty of an offence under this section.

331. Whoever, voluntarily causes grievous hurt for purl pose of extorting from the sufferer, or any person interested in the -~ sufferer, any confession or any information which may lead to the detection of an offence or misconduct or for the purpose of con­straining the sufferer or any person interested in the sufferer to; restore or to cause the restoration of any property or valuable security, or to satisfy any claim of demand, or to give information which may lead to the restoration of any property or valuable se­curity, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

332. Whoever, voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or order that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servants, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant3 or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty a~ such public servant, shall be punished with imprisonment of ei­ther description for a term which may extend to ten years, and shall also be liable to fine.

334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which extend to one month, or with fine which may extend to five hundred rupees, or with both.

335.- Whoever voluntarily causes grievous hurt on grave and sudden Provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with im­prisonment of either description for a term which may extend four years, or with fine which may extend to two thousand ru­pees, or with both.

Explanation– The last two section are subject to the same provisos as (Exception 1, section 300)1

2 336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

2 337. Whoever Causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

2338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with im­prisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Of Wrongful Restraint and Wrongful Confinement

339. Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception-The obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass, A not believing -in good faith that he has a right to stop the path. Z is thereby prevented from passing. 4 wrongfully restrains Z.

340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond cer­tain circumscribing limits is said “wrongfully to confine” that person.

Explanation

(a) A causes Z to go withing a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

(b) A places man with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building . A wrongfully con­fines Z.

341. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may ex­tend to one month, or with fine which may extend to five hun­dred rupees, or with both.

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1 .Now clause (A), sub-section (2), sections 299.

2. Amended by Act LII, 1948.

342. Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

343. Whoever wrongfully confines any person for three days or more shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.

344. Whoever wrongfully confines any person for ten days or more shall be punished with imprisonment of either de­scription for at term which may extend to three years, and shall also be liable to fine.

345. Whoever keeps any person in wrongful confinement knowing that a writ for liberation of that person has been dul­y issued, shell be punished with imprisonment of either description for a term which may extent to two years in addition to any term of imprisonment to which he may be liable under any other section of this chapter.

346. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the per­son so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punish­ment to which he may be liable for such wrongful confinement.

347. Whoever’ wrongfully~ confines any person for the purpose of extorting from the person confined, or from any per­son interested in the person confined, any property or valuable security, or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description. for a term which may extend to there years, and shall also be liable to fine.

348. Whoever, wrongfully confines any person for purpose of extorting from the person confined, or any interested in person confined, any confession or any infonnation which may lead to the dection of an offence or misconduct, or for the purpose of constraing the person confined or any person interested in the person confined to restore or to cause the restoration of~ any property or valuable security , or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with impris­onment of either description for a term which may extend to three years, and shall also be liable to fine.

Of Criminal Force and Assault

349. A person is said use force another if he cause motion, change of motion or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything situated that such contact affects that other’s sense of felling, Provided that the person causing the month in, or change of motion, or cessation of motion in one of the three ways herein after described.

First. — By his own bodily power.

Secondly.— By disposing any substance in such a manner that the motion or change or cessation of motion takes place with­out further act on his part, or on the part of any other person.

Thirdly.– By inducing any animal to move, to change is motion, or to cease to move.

350. Whoever intentionally uses force to any person, without that person consent, in order to the committing of any offence, of intending by the use of such force to cause, or know­ing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom force is used, is said to use criminal force to that other.

Illustrations

(a) moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and it he has done so without Z’s consent, in order to the committing of any offence or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Z’s horses and thereby causes them to quicken their pace. Here A has caused change of motion to Z to by inducing the animals to change their motion. A has therefore used force to Z; and if A’ has done this without Z’s consent, intending or know­ing it to be likely that he may thereby injure, frighten or annoy Z, has used criminal force to Z.

(c) Z is riding in a palanquin. A intending to rob Z seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence, A has used criminal force to Z

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he did so without Z’s consent, intending thereby to injure, frighten, or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a woman’s veil. Here A inten­tionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

(g) to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling. A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.

(h) A incites a dog to spring upon Z, without Z’s consent. Here if A intends to cause injury, fear or annoyance to Z, he used criminal force to Z.

351. Whoever makes any gesture or any prepara­tion, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

Explanation. – Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.

Illustrations

(a) A shake his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

(c) A takes up a stick saying to Z, “I will give you a beating Here though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circum­stances, might not amount to an assault, the gesture explained by the words may amount to an assault,

352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.

Explanation. – Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or

if the provocation is given by anything done in obedience to the law, or by a public servant in the lawful exer­cise of the powers of such public servant, or

if the provocation is given by anything done in the~, lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence is a question of fact.

353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descrip­tion for a term which may extend to two years, or with fine, or with both.

354. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which ma extend to two years, or with fine, or with both.

355. Whoever assaults of uses criminal force to any person, intending thereby to dishonour that person, other­wise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

356. Whoever assaults or uses criminal force to any person in attempting to commit theft of any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

357. Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Explanation — The last section is subject to the same explanation as section 352.

Of Kidnapping, Abduction, Slavery and Forced labour

359. Kidnapping is of two kinds kidnapping from the Union of Burma, and kidnapping from lawful guardianship.

360. Whoever conveys any person beyond the lim­its of the Union of Burma without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from the Union of Burma.

361. Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

Explanation.– The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.

Exception.– This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

362. Whoever by force compels, or by any deceit­ful means induces, any person to go from any place is said to abduct that person.

363. Whoever kidnaps any person from the Union of Burma or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with transportation for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations

(a) A kidnaps Z from the Union of Burma, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully con­fined shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her w111~ or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other~ method of compul­sion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.

366A. whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

366B. Whoever imports into the Union of Burma from any country outside the Union of Burma, any girl under the age of twenty-one years with intent that she may be, or know­ing it to be likely that she will be, forced or seduced to illicit intercourse with another person, [* * *]1 [whether by himself or by another person,] shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to tine.

368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person shall be punished in the same manner as if be had kidnapped or abducted such person with the same inten­tion or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

369. Whoever kidnaps or abducts any child under the age often years, with the intention of taking dishonestly any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

370. Whoever imports, exports, removes, buys, sells or disposes of any person as a salve, or accepts, receives or detains against his will any person as a salve, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished will transportation for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.

………………………………………………………….

1 Omitted by the Union of Burma (Adaptation of Laws) Order. 1948.

2 The words ~r brackets should also have been omitted.

Explanation 1.– When a female under the age of eighteen years .., sold, let for hire or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Explanation 2.– For the purposes of this section “illicit intercourse” means sexual intercourse between person not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.

373. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any ~age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation 1. – Any prostitute or any person keep­ing or managing a brothel who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Explanation 2.– “Illicit intercourse” has the same meaning as in section 372.

374. Whoever unlawfully compels any person to labour against the will of that person shall punished with imprisonment, of either description for a term which may extend to one year, or with fine, or with both.

Of Rape

375. A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions

First.– Against her will.

Secondly.– Without her consent.

Thirdly– With her consent, when her consent has been obtained by putting her in fear of death or of hurt.

Fourthly. — With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. — —With or without her consent, when she is under fourteen years.

Explanation.– Penetration is sufficient to consti­tute the sexual intercourse necessary to the offence of rape.

Exception.– Sexual intercourse by a man with his own wife, the wife not being under thirteen years of age, is not rape.

376. Whoever commits rape shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Of Unnatural Offences

377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 
 

Myanmar Law Center


 
 

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