ch he is to d to

OF OFFENCES
CHAPTER VII al lo escape
wed from be at
to be atlawful
Abetting mutiny, NAVY
or AND RELATING TO THE
AIR FORCE ARMY,
large.
4159.
:duty.-Whoever
n a ni n
abets the
the Army, Navy or conmitting
Air
attempting
Force
to
ofseduce
mutiny
a
soldier,
by sailor or
such officer,soldier, of the an officer, airmansailorfromor
sailor airmanGovernment soldier,
uce any or of India or
punished with imnprisonment
for
life, or with from his or hisattermpts
Ia
termwhich may extend to
Abetment of im pri
ten years, and
shall s allegiance
onment
to
of either duty, shall
160. mutiny, if mutiny is be liableinto [Link]
hereof.-Whoever abets the
also
xaiman,in the Army, Navycommitting
or Air of mutinycommitted
by an officer, consequence
utiny be committed in
Air of Force the
Government soldier, sailorif
of India,
consequence of that abetment, be shal,
punished with death
pimprisonmnent ror Te, or imprisonment of either description for a term
ahich may extend to ten years, and shall also be liable to fine.
Ahetment of assault by soldier, sailor or airman on his superior
officer, when in execution of his [Link] abets an assault by an officer,
soldier, sailor or airman, in the Army, Navy or Air Forceof ofhis otfice, shall be
f India, on any superior officer being in the execution
1860).
128 of the Indian Penal Code (45 of 1860).
1Corresponds to Section
2 Corresponds to Section 129 of the Indian Penal Code (45 of 1860).
(45 of
Corresponds to Section 130 of the Indian Penal Code
of 1860).
Corresponds to Section 131 of the Indian Penal Code (45 of 1860).
(45
 68
The Bharatiya Nyaya Sanhita, 2023

punished with imprisonment of either description for a term which

to three years, and shall also be liable to fine.
"162. Abetment of such assault, if assault committed.--whoeve.
e may
assault by an officer, soldier, sailor or airman, in the Army, Navy
of the Government of India, on any
superior officer being in the
or Air abets
his office, shall, if such assault be committed in consequence of that
Puished with imprisonment of either description for a term which ma t
to seven years, and shall also be liable to fine.
"163. Abetment of desertion of soldier, sailor or
eaxbeectumioemnt
the aiman.--Whoeve.
desertion of any officer, soldier, sailor or airman, in the Army,
Force of the Government of India, shall be punished with
description for aterm which may extend to two years, or imprisonmenti Navy
with fine, or ot
ot A
3164. Harbouring deserter.-Whoever, except as hereinafter excepted, both
or having reason to believe
with et he
that an officer, soldier, sailor or airman, in
Navy or Air Force of the Government
India, has deserted, harbours the Arny
officer, soldier, sailor or airman, shall be ofpunished with
description for aterm which may extend to two years, orimprisonment
with fine or of
[Link]
is given by the spouseprovision does not extend to the case in which the with ebotftheh.
ofthe
Deserter concealed ondeserter.
4165. board merchant vessel through harbor
master.-The master or person in charge of a merchant vessel,
any deserter from the Army, Navy or Air negligofencewhichof
on board
Force of the Government of India it
concealed, shall, though ignorant of such concealment, be liable to a
exceeding three thousand rupees, if he might have known of such penalty not
but for some neglect of his duty as
some want of discipline on board ofsuch master or person in charge,conceal
or but mentfor
166. Abetment of act of the vessel.
insubordination by soldier,
Whoever abets what he knows to be an act of sailor airman,
or
soldier, sailor or airman, in the Army, Navy or insubordination by an officer.
of India, shall, if such act of Air Force, of the Government
that abetment, be punished with insubordination beofcommitted in consequence of
which may externd to two years, orimprisonment either description for a tern
6167. Persons subject to certain with fine, or with both.
Act, 1950 (45 of 1950), the Army Acts.-No person subject to the Air Force
(62 of 1957), or shall be Act, 1950(46 of 1950) and the
subject to punishment under Navy Act, 1957
offences defined in this Chapter. this Sanhita for anyof the
"168. Wearing garb or carrying
Whoever, not being a soldier,sailor token
or
used by soldier, sailor or
airman.
of the airman in the Army, Naval or Air
garb orGovernment
of India, service
token used by suchwears any garb or carries any
token
airman with theresembling
it may be believed that a soldier, sailor or any
with imprisonment of either
he is such a soldier,
sailor or airman, shallintention that
months, or with fine which description for aterm which may be punished
may extend to two
thousand extend to thre
or with both.
Sac172]
The Bharatiya Nyaya Sanhita, 2023 69

CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
I169. Candidate, electoral right defined.-For the purposes of this Chapter-
t "candidate" means a person who has been nominated as a candidate
at any election;
b) "electoral right" means the right of a person to stand, or not to stand
as, orto withdraw from being, acandidate or tovote or refrain from
voting at an election.
2170. Bribery.-(1) Whoever
(i) gives a gratification to any person with the object of inducing him
or any other person to exercise any electoral right or of rewarding
any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as
a reward for exercising any such right or for inducing or attempting
to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action
shall not be an offence under this section.
procure,
(2) A person who offers, or agrees to give, or offers or attempts to
agratification shall be deemed to give a gratification. attempts to obtain a
(3) A person who obtains or agrees to accept or a person who accepts
gratification shall be deemed to accept a gratification, and as a
not intend to do, or
a gratification as a motive for doing what he does
teward for doing what he has not done, shall be deemed to have accepted the
gratification as a reward.
voluntarily interferes or
171. Undue influence at elections,(1) Whoever electoral right commits the
attempts to interfere with the free exercise of any
Offence of undue influence at an election.
provisions of sub-section (1),
(2) Without prejudice to the generality of the
whoever any person in whom acandidate
(a) threatens any candidate or voter, orof any kind; or
injury
or voter is interested, with candidate or voter to believe that
(b) induces or attempts to induce a interested will become or will he
he or any person in whom he is
rendered an object of Divine displeasure or of spiritual censure.
exercise of the electoral right of eTok
Shall be deemed to interfere with the free sub-section (1).
of
andidate or voter, within the meaning pronise of public action or the mo
(3) A declaration of public policy or a
intent to interfere with an electoral
exercise or a legal right without right, shall
deemed to be interference within the meaning of this section
hot be
4172. Personation at elections.--Whoever at an election applies for a voting
oer person, Whether living or do
of any voted
Paper on yotes in the name having
name, or who
in a fictitious
once at such election applies at the
(45 of 1oens
Corresponds to Section 171A of the Indian Penal Code
1. of the Indian Penal Code (45 of o0).
Corresponds to Section 171B the Indian Penal Code 4E 1860).
171C of
3. Corresponds to Section Penal Code (45 t
4. Corresnonds to Section 171D of the naian
 2023
The Bharatiya Nyaya Sanhita,
70

same election for a voting

paper in his Ownname, and whoever abets,
way
votingby any person in any such
or attempts to procure the
offence of personation at an election: Commits
section shall apply to a person who
Provided that nothing in this elector under any law for
authorised to vote as proxy for an
the time has bes
force in so far as he votes as a

shall be punished
proxy for such

with imprisonment of either

elector.
commits the
1173. Punishment for bribery.-Whoever description for a of
offence
term
bebirnigbienry
may extend to one year, or with
fine, or with both:
punished with fine only
Provided that bribery by treating shall be of bribery where the
which
Explanation."Treating" means that form
consists in food, drink, entertainment, or provision.
174. Punishment for undue influence or
personation at an
personation at an
grelateictficioatnion
Whoever commits the offence of undue influence or
shall be punished with imprisonment of either description for aterm
extend to one year or with fine, or with both.
which
with
elecionany
$175. False statement in connection with an electionWhoever
statement
intent
to affect the result of an election makes or publishes any
to be a statement of fact which is false and which he either
knows or
to be false or does not believe to be true, in relation to the personal purpbeorliteivnegs
or conduct of any candidate shall be punished with fine.
4176.
charact
payments in connection with an [Link]
er
the generalIllegal without
or special authority in writing of a candidate incurs or
aut
expenses on account of the holding of any public meeting, or uponhori ses
any
advertisement, circular or publication, or in
any other way whatsoever for
purpose of promoting or procuring the election of such candidate, shall thebe
punished with fine which may extend to ten thousand rupees:
Provided that if any person having incurred any such expenses not
the amount of ten rupees exceeding
without authority obtains within ten days fromn the date
on which such expenses were incurred the approval in writng of the candidate,
Shall be deemed to have incurred such expenses with the authority of the [Link]
177. Failure to keep election accounts.-Whoever being required by any
for the time being in force or any rule having the force of law to law
expenses incurred at or in connection with an election fails to keepkeep accounts of
shall be punished with fine which may extend to five such accounts
thousand rupees.
CHAPTER X
OF OFFENCES RELATING TO COIN, CURRENCY-NOTES,
BANK-NOTES, AND GOVERNMENT STAMPS
[Link] coin, Government stamps, currency-notes or
bank-notes.-Whoever counterfeits, or
process of counterfeiting, any coin, stamp knowingly performs any part of the
issued by
of revenue, currency-note or bank-note, shall be Government for the purpose
punished with imprisonment
1. Corresponds to Section of
 The Bharatiya Nyaya Sanhita, 2023 71

imprisonment of either description for aterm which may extend

with
or
andshall also be liable to fine.
ite
Tears,
l-For
Ezianation- the purposes of this Chapter,-
phe expression "bank-note" means a promissory note or engagement
for the payment of money to bearer on demand issued by any person
carrying on the business of banking in any part of the world, or
issued by or under the authority of any State or Sovereign Power, and
intended to be used as equivalent to, or as a substitute for money;
"coin" shall have the same meaning as assigned to it in section 2 of
(2) the Coinage Act, 2011 (11 of 2011) and includes metal used for the
time being as money and is stamped and issued by or under the
authority of any State or Sovereign Power intended to be so used;
Government stamp"
(3) a person commits the offence of "counterfeiting one denomination
who counterfeits by causing a genuine stamp of
denomination;
to appear like a genuine stamp of a different coin who intending
(4) a person commits the offence of counterfeitinglikely that deception
to be
to practise deception, or knowinga itgenuine
will thereby be practised, causes coin to appear like a
different coin, and
coin" includes diminishing the
(5) the offence of "counterfeitingcomposition, or alteration of the
weight or alteration of the
appearance of the coin.
genuine, forged or counterfeit coin, Government stamp,
I179. Using asbank-notes.-Whoever imports or exports, or sells or delivers
urrency-notes or other person, or otherwise traffics or uses
from, any
, or buys or receives counterfeit coin, stamp, currency-note or bank-note,
sgenuine, any forged or
the same to be forged or counterfeit, shall be
Knowing or having reason to believe description
imprisonment of either
life, or with
bunished with imprisonment for to ten years, and shall also be liable tofine.
extend
or a term which may counterfeit coin, Government stamp, currency
or
2180. Possession of forged any forged or counterfeit
bank-notes.-Whoever has in his possession having reason to believe
notes or or bank-note, knowing or genuine
currency-note intending to use the same as of either
coin, stamp, or counterfeit and imprisonment
the same to be forged genuine, shall be punished with fine, or with both.
as
or that it may be usedwhich may extend to seven years, or with forged or
description for a term possession of the
establishes the be from a lawful
source,
Explanation.--If a person
currency-note or bank-note to
counterfeit coin, stamp, offence under this section.
constitute an
it shall not COMMENTS
Clauses of the Bill) Government stamp,
(Based on Notes on counterfeit coin,
forged or that if a person
It seeks toprovide
for possession of thereof. It further explains
punishment currency-note or bank
currency-notes or bank-notes andforged or counterfeit coin, stamp, under this section.
of the
establishes the possessionsource, constitute an offernce
lawful it shall not
note tobe from a the Indian Penal
258. 260 and 489B of
 The
Bharatiya Nyaya Sanhita, 2023
1181. Making or

counterfeiting coin, possessing

makes or mends, or Government stamp, instruments or materials for (Sec. 181
performsof, any part currency-notes
or buys or
instrument
sells or disposes
or
to believe that material for the
or has in
of the
his process
possession,
or
of bank-notes.
any
making or forgNnghoeven
stamp issued by
it is
intended
Government
purpose
to be
of being used, or
used, for forging orknowing or
counterfeiting
machinery,mending
havi ng die,
note, shall be
description for
punished
a term
with
for the purpose of
imprisonment for revenue,
life, or with currency-note any
or
reas o
coin n,
which
2182. Making oror using also be liableof baeitnhk-er
imprisonment
may extend to ten years, and shall
(1) documents
Whoever
delivers makes, or causes to be resembling
or uses currency-notes or to fine.
Or so
to
nearly
any person, any document
note shall beresembling as to be calculated
made,
purportng to
for any purpose
be, or in
to deceive, any any way
punished with fine which may extend to threecurrency-note or ban
bank- n ote s ,
whatressoemeverbli,ng,
or
(2) lf any person, hundred rupees.
is an whose name
offence under sub-section (1), appears on a
to a police documernt the making of whi
refuses, without
whom it wasofficer on being so
printed or otherwise required the name and
lawful excuse, to
address of the disclose
may extend to six hundred rupees. made, he shall be punished with fine person by
(3) Where the
which any name of any person appears on any document in which
person is charged with an offence under
documnent used or distributed in connection with sub-section (1) or on respect any
of
Contrary is proved, be presumed that the that document it may, untilother the
*183. Effacing writing from person caused the document to be made
from document a stamp used for substance bearing
it, with intent Government
Whoever, fraudulently or with intent to cause loss to cause loss stamp,
to orremoving
or effaces from any to the Government.
Government, removes
purpose of revenue,substance, bearing any stamp
any writing or document for issued by Government for the
used, or removes from any which such stamp has been
such writing or document, writing or document a stamp which
in order that such stamp has been used for
writing or document, shall be punished with may be used for a different
for aterm which may
extend to three years, orimprisonment
with fine, or
of either description
with
*184. Using Government stamnp known to both.
fraudulently or with intent to cause loss to the have been before
a stamp issued by Government, uses
used.-Whoever,
for any purpose
Government
have been before used, shall be for the purpose of revenue,
which he knows to
for aterm which may extend to two punished with imprisonment either
of
years, or with fine, or with [Link]
5185. Erasure of mark denoting that
fraudulently or with intent to cause loss tostamp has been
used.-Whoever,
from a stamp issued by Government for the Government, erases or removes
or impressed upon such stamp for the purpose purpose of revenue, any mark, put
been used, or knowingly has in his of denoting that the same has
stamp from which such mark has been possession or sells or disposes of any such
erased or
of any such stamp which he knows to have been removed, or sells or disposes
used, shall be punished with
Sec.189) The Bharatiya Nyaya Sanhita, 2023 73

jmprisonment of either description for a term which may extend to three years,
with fine, or with both.
or 1186. Prohibition of fictitious stamps.-(1) Whoever--
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or
knowingly uses for any postal purpose any fictitious stamp; or
(b) has in his possession, without lawful excuse, any fictitious stamp; or
(c) makes or, without lawful excuse, has in his possession any die, plate,
instrumernt or materials for making any fictitious stamp,
shall be punished with fine which may extend to two hundred rupees.
2) Any such stamp, die, plate, instrument or materials in the possession of
any person for making any fictitious stamp may be seized and, if seized shall
be forfeited.
(3) In this section "fictitious stamp" means any stamp falsely purporting to
he jssued by Government for the purpose of denoting a rate of postage, or any
facsimile or imitation or representation, whether on paper or otherwise, of any
stamp issued by Government for that purpose.
(4) In this section and also in sections 178 to 181 (both inclusive), and sections
connection
183 to 185 (both inclusive) the word "Government", when used in
denoting a rate of
with, or in reference to any stamp issued for the purpose of be deemed
postage, shall, notwithstanding anything in clause (12) of section 2,
executive
to include the person or persons authorised by law to administer
Government in any part of India or in any foreign country.
of different weight or
2187. Person employed in mint causing coin to be employed in any mint
composition from that fixed by law.-Whoever, being
what he is legally bound
lawfully established in India, does any act, or omits from that mint to be of a
to do, with the intention of causing
any coin issued
composition from the weight or composition fixed by law,
different weight or description for a term which may
shall be punished with imprisonment of either
beliable to fine.
extend to seven years, and shall alsoinstrument from mint,-Whoever,without
S188. Unlawfully taking coining
lawfully established in India, any coining
lawful authority, takes out of any mint, with imprisonment of either description
tool or instrument, shall be punished
seven years, and shall also be liable to fine.
for aterm which may extend to
CHAPTER XI
OFFENCES AGAINST THE PUBLIC TRANQUILLITY
OF
Unlawful assembly.-(1) An assembly of five or more persons
4189. object of the persons
if the common
is designated an "unlawful assembly",
composing that assembly iscriminal force, or show of criminal force, the
(a) to overawe by Government or Parliament or the
Central Government or any State in the exercise of the
Legislature of any State, or any public servant
lawful power of such public servarnt; or process; or
(b) to resist the execution of any law, or of any legal
 74 The Bharatiya Nyaya Sanhita, 2023

(c) to commit any mischief or criminal trespass, or other offence.

(d) by means of criminal force, or show of criminal force, to
any
person of the enjoyment of aright of way, or the use
person,
to take or btain possession of any property, ofor to deprive
of
or other incorporeal right of which he is in possession or water
or to enforce any right or supp0sed right; Or
(e) by means of criminal force, or show of criminal force, to
enjoyment,
person to do what he is not legally bound to do, or to omit compel an iy
what he is legally entitled to do. to do
Explanation.--An assembly which was not unlawful when it assembled. ma
subsequently become an unlawful assembly.
(2) Whoever, being aware of facts which render any assembly an unlawfl
assembly, intentionally joins that assembly, or continues in it, is said to be a
member of an unlawful assembly and such member shall be punished with
imprisonment of either description for a term which may extend to six months.
or with fine, or with both.
(3) Whoever joins or continues in an
unlawful assembly has been commandedunlawful assembly, knowing that such
in the manner prescribed by law to
disperse, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(4) Whoever, being armed with any deadly
used as a weapon of offence, is likely to cause weapon, or with anything which,
assembly, shall be punished with imprisonment death, member of an unlawful
is a
which may extend to two years, or with fine, orof either description for a term
with both.
(5) Whoever knowingly joins or
persons likely to cause a disturbancecontinues
of
in any assembly of five or more
the public peace, after such
has been lawfullycommanded to assembly
of either description for a term disperse, shall be punished with
or with both. which may extend to six months,imprisonment
or with fine,
Explanation.-If
of sub-section
the assembly is an
(1), the offender shall be unlawful assembly within the meaning
(6) Whoever hires or punishable under sub-section (3).
engages,
hiring, engagement or employment of any or employs, or
promotes, or connives at the
of any unlawful person to join or become a menmber
assembly, and for assembly, shall be punishable as a member of
any offence which may be such unlawful
member of such unlawful assembly committed
in pursuarnce of such
by any such person as a
employment, hiring,
member of engagement
in the same manner as if he had been a or
assembly, or himself had committed such offence. such unlawful
(7) Whoever harbours,
in his occupation or receives or assembles, in any house or
such persons have beencharge, or under his control any
persons knowingpremises
hired, engaged or employed, that
engaged or employed, to join or become members oforanare about to be hired.
shall be punished with unlawful
imprisonment of either
may extend to six months, or with fine, or with description for a term
both.
assembly,
which
 The Bharatya Nyaya Sanhita 2023 75

Nheve is engaged. or hire. or offers or attempts to be hired or

do or assist in doing anr of the acts speified in sub-section (1).
punished with imprisonment of either ddescription for aterm which mav
months, or with fine, or with both.
being sO engaged or hired as referred to in sub-section (8),
or engages or offers to go armed, with anv deadly weapon or with
shich used as a weapon of offence is likely to cause death, shall be
with imprisonment of either description for a term which may extend
vears, or with fine, or with both.
Every member of unlawful assembly guilty of offence committed in
prosecution of common objectIf an ofence is committed by any member
unlawful assembly in prosecution of the common object of that assembly,
has the members of that assemblv knew to be likely to be committed in
rution of that object, every person who, at the time of the comnitting of
-at offernce, is a member of the same assemblv, is guiltv of that
offence.
191. Rioting.1) Whenever force or iolence is used by an unlawful
ssemblv, or bv any member thereof, in prosecution of the common object of
rioting.
Such assemblv,every member of such assemblv is guilty of the offence of either
(2) Whoever is guilty of rioting, shall be punished with withimprisonment of
description for a term which may extend to two years, or fine, or with both.
(3) Whoever is guilty of rioting, being armed with a to deadly weapon or with
cause death, shall be
anvthing which, used as a weapon of offence, is likely term which may extend
punished with imprisonment of either description for a
to five years, or with fine, or with both.
$192. Wantonly giving provocation with intent to cause riot-if rioting be
malignantly, or wantonly by doing
committed; if not [Link]
anything which is illegal, gives provocation to any person intending or knowing
that such provocation will cause the offence of rioting to be
it to be likely rioting be committed in consequence of such
committed, shall, if the offence of a ternm
punished with imprisonment of either description for
offence of
provocation, be fine, or with both; and if the
or with
which may extend to one year, imprisonment of either description for a term
with
rioting be not committed,months, both.
six or with fine, or with
which may extend to
owner, occupier, etc. of land on which an unlawful
193. Liability of Whenever any unlawful assembly or riot takes
assembly or riot takes place.{1) land upon which such unlawful assemblyis
of the
place, the owner or occupier and any person having or claiming an interest
held, or such riot is committed,
punishable with finne not exceeding one thousand rupees,
be
in such land, shall
manager, knowing that such offence is being or has been
if he or his agent or reason to believe it is likely to be committed, do not give
committed, or having in his or their power to the officer
in charge at the
notice thereof or their having reason to
the earliest station, and do not, in the case of his or their
nearest police about to be committed, use all lawful means in his
aliare that it was
 76 The
Bharatiya Nyaya Sanhita, 2023
power to prevent it and, in the event of its
means in his or their power to disperse or taking place, not
the riot do
(2) Whenever a riot is committed for suppress
the or use ll \aw
who is the owner or occupier of any benefit
land, or in the
or on
or who claims any interest in such land respecting which behalf
such
unlawful
or subject of any riot
gave rise to the riot, or who has
he orderihisved any benefit takes plae
accepted
such person shall be punishable with fine. if
reason to believe that such riot was
likely to be committed agernt or whi di sputtheer to
assembly by which such riot was committed was
or riot from taking lawful means in his or their powerlikely
respectively use all
or that
to be he havin Tmanager,
dispersing such ushall nlawi
place, and for suppressing and to prevent held,
(3) Whenever a riot is
committed for the benefit or on theaS
who is the owner or occupier
or who claims any of any land
interest such land, or in
in respecting
the
which behalf of
such riot any
as emioN
gave rise to the riot, or
who has
agent or manager of such person accepted
manager, having reason to believeshall
or derivedsubject
be punishable any
of any
beneit tdispautkese pwhieprlsaoccAnh
that the unlawful
held, shall not use assembly by
that such riot was with fine,
which such riot was likely to be
if such
heretroagerm, t the or
from taking place and for
all lawful means in his committed
power to prevent such riot
suppressing and dispersing the same. Or
was commilikelyt edt,o be or

Section 154 of the Indian Penal Code (45COMMENTS

assembl
of 1860)
"154. Owner or occupier of land on which an stood as under:
assembly or riot takes place, the owner or occupierunlawful assembly is held.
held, or such riot is of the land upon which such Whenever any unlawh
punishalble with finecommitted, unlawful
and any person having or
not
such offence is being or hasexceeding one thousand rupees, if he or his interest in such landassembl
claiming an y
shas
not give the earliest notice been committed,
agent or
or having reason to
believe it is likelymanager, knowing tha-
thereof
and do not, in the case of his or in his or their power to the principal officer at the to be committed
all lawful means in his or their their having reason to believe that it was about nearest police-stab
to be commited
power to prevent it, and, in the event of its
lawful means in his or their power to disperse or taking place, do not 1se al
suppress the riot or unlawful assembly."
1194. Affray.-(1) When two or more
disturb the public peace, they are said to persons, by ighting in a public place
commit an affray.
(2) Whoever commits an affray, shall be
either description for a term which may extend punished with
to one month, orimprisonment
may extend to one thousand rupees, or with both. with fine whic
2195. Assaulting or obstructing public servant when
etc.(1) Whoever assaults or obstructs any publicservant or uses suppressing riot
on any public servant in the discharge of his duty as such criminal forc=
endeavouring to disperse an unlawful assembly, or to suppresspublic a
servant
shall be punished with imprisonment of either description for ariotterm or affra:
whic
may extend to three years, or with fine which shall not be less than
twenty-fi:
thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public
servant
threatens or attempts to use criminal force to any public servant in the discharg
 77
The Bharatiya Nyaya Sanhita, 2023
971
public servant n endeavouring to disperse an unlawful assembly,
euch with imprisonment of either
SUppressa riot or affray, shall be punished
or with both.
which may extend to one year, or with fine,
for a term
iption.
COMMENTS
(Based on Notes on Clauses of the Bill)
to proovidefor assaulting or obstructing public servant when suppressing
t seeks punishmentthereof.
etc,and
Promoting enmity between different groups on grounds of religion,
196. doing acts prejudicial to
language, etc, and
ace of birth, residence,Whoever
tenance of harmony.-(1)
or by signs or by visible
(a) by words, either spoken or written,communication or otherwise,
representations or through electronic
promotes or attempts to promote, on grounds of religion, race,
or any other
place of birth, residence, language, caste or community
enmity, hatred or il
ground whatsoever, disharmony or feelings of groups
willbetween different religious, racial, language or regional
or castes or communities; or
to the maintenance of harmony
(b) commits any act which is prejudicial
language or regional groups or
between different religious, racial,disturbs
communities, and which or is likely to disturb the
castes or
public tranquillity; or activity
organises any exercise, movement, drill or other similar
(c) in such activity shall use or be
intending that the participants violence or knowing it to be likely
trained to use criminal force or use
activity will useor be trained to
that the participants in such participates in such activity intending
criminal force or violence, orcriminal force or violence or knowing
to use or be trained to use or be
participants in such activity will use
it to be likelythat the violence, against any religious,
trained to use criminal force or caste or community and such
group or
racial, language or regional whatsoever causes or is likely to cause
activity for any reason
alarm or a feeling of insecurity amongst members of such
fear or group or caste or community,
religious, racial, language or regional
imprisonment which may extend to three years, or with
nall be punished with
both.
ne,or with of
in sub-section (1) in any place or
commits an offence specified
(2) Whoever
assembly engaged in the performance of religious worship
vorship or in any shallbe punished with imprisonment which may extend
eligious ceremonies, also be liable to fine.
shall
co five years and prejudicial to national integration.
2197. Imputations, assertions
words either spoken or written or by signs or by visible
(1) Whoever, by communication or otherwise,
representations or through electronic
80 The Bharatiya Nyaya Sanhita, 2023

'202. Public servant unlawfully engaging in trade.- Ser.

servant, and being legally bound as such public servant not
engages in trade, shall be punished with simple
Whoeverto forengage
, beia ng
may extend to one year, or with fine, or with both or with imprisonment
2203. Public servant unlawfully buying or bidding for
community eri
being a public servant, and being legally bound as such public
his own name or in the name of another, or jointly, or in shares
be punished with simple imprisonment for aterm which may extend
if purchased, shall be
[Link]
purchase or bid for certain property, purchases or bids for that servant, Tot
prwioperth tototyh,ers,
or with fine, or with both; and the property
3204. Personating apu servant.-Whoever
public pretends to
hold any c o ntw
isocy
aeta
e s
knowing that he does not hold
office or ul pa rtic
office as a public servant, such
personates any other person holding such office, and in such
assumed false
does or attempts to do any act under colour of such office.
shall purhariastehe
be
with imprisonment of eithér description fora term which shall not be
six months but which may extend to three years and with fine. less than
205. Wearing garb or carrying token used by public servant ..
fraudulent intent.-Whoever, not belonging to a certain class of public :
wears any garb or carries any token resembling any garb or token used k
class of public servants, with the intention that it may be believed
the knowledge that it is likely to be believed, that he belongs to that class of
public servants, shall be punished with imprisonment of either
aterm which may extend to three months, or with fine which may
five thousand rupees, or with both.
o descripextend
tion to
CHAPTER XII
OF CONTEMPTS OF THE LAWFUL AUTHORITY
OF PUBLIC SERVANTS
S206. Absconding to avoid service of summons or other proceeding
Whoever absconds in order to avoid being served with a summons, notice or
order proceeding from any public servant legally competent, as such pubig
servant, to issue such summons, notice or order,
(a) shall be punished with simple imprisonment for a term which may
extend to one month, or with fine which may extend to five thousand
rupees, or with both;
(b) where such summons or notice or order is to attend in person or by
agent, or to produce a document or an electronic record in a Court
shall be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to ten thousand
rupees, or with both.
6207. Preventing service of summons or other proceeding, or preventing
publication thereof.-Whoever in any manner intentionally prevents the serving
on himself, or on any other person, of any summons, notice or
order
from any public servant legally competent, as such public servant,proceeding
Such summons, notice or order, or ntentonaly prevents the lawful to isse
affixing
 The Bharatiya Nyaya Sanhita, 2023 81
SAC.
2097

ofanysuch summons, notice or order or intentionally removes any

an
sumnons, notice or order from any place to which it is lawfully affixed
place

prevents the lawful making of any proclamatiorn, under the

ntentionally
any public servant legally competent, as such public servant, to
authority ofproclamation to be made,-
such
shall be punished with simple imprisonment for a term which
direct
(a)
may extend to one month, or with fine which may extend to five
thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in
person or by agent, or to produce a document or electronic record in
aCourt, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to ten thousand rupees,
or with both.
public servant.
1208. Non-attendance in obedience to an order from
certain place
Whoever,being legally bound to attend in person or by an agent at a
and time in obedience to
a summons, notice, order, or proclamation proceeding
as such public servant, to issue the
from any public servant legally competent,
at that place or time or departs from himthe
same, intentionally omits to attendbefore the time at which it is lawful for
alace where he is bound to attend
to depart,
imprisonment for a term which may
(a) shall be punished with simple which may extend to five thousand
extend toone month, or with fine
rupees, or with both:
order or proclamation is to attend in
(b) where the summons, notice, simple imprisonment for a term
person or by agent in aCourt with
with fine which may extend to
which may extend to six months, or
ten thousand rupees, or with both.
Illustrations
obedience to
bound to appear before a High Court, in
(a) A, being legally
fromn that Court, intentionally omits to appear. A has
a subpoena issuing inthis section.
committed the offence defined witness, in
bound to appear before a District Judge, as a
(b) A, being legallysummons issued by that District Judge intentionally omits to
obedience to a offence defined in this
section,
committed the
appear. A has under section 84 of
response to aproclamation
2209. Non-appearance in
Sanhita, 2023,--Whoever fails to appear at the
by a proclamation published
Bharatiya Nagarik Suraksha
specified time as required Sanhita,
specified place and theof section 84 of the Bharatiya Nagarik Surakshaextend to
under sub-section (1) with imprisonment for a term which may
2023. shall be punished both, or with community service, and where
or with pronouncing
three years, or with fine,
made under sub-section (4) of that section
adeclaration has been imprisonment for a
offender, he shall be punished with fine.
him as aproclaimed
extend to seven years and
shall also be liable to
term which may
 or elec
210. Omission to produce documentit-Whoever, being legally
by person legally bound to produce electronic record tO any
public servan-
t bound
produce or deliver document or
up any up the same,
produce or deliver
as such, intentionally omits so to imprisonment for a term which
withorsimple extend to five
extendbetopunished
(a) shall one month,or with fine which may five thousanc
rupees, or with both:
document or electronic record is to be produCed.
(b) and where the simple imprisonment for a term whil
delivered up to a Court with to
months. or with fine which may extend
may extend to six
thousand rupees, or with both.
Illustration

being legally bound to produce a document before a District Court, intentionally omits
A,
produce the same. A has committed the offence defined in this section.
servant by perso
211. Omission to give notice or information to public or
legally bound to give it.-Whoever. being legally bound to give any notice
such, ntentionall
furnish information on any subject to any public servant, as the manner and
omits to give such notice or to furnish such information in
the time required by law,
(a) shall be punished with simple imprisonment for a term which may
extend to one mnonth, or with fine which may extend to five thousand
rupees, or with both;
(b) where the notice or information required to be given respects the
commission of an offence, or is required for the purpose of preventing
the commission of an offence, or in order to the apprehension of an
offender, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to ten thousand rupees
or with both;
(c) where the notice or information required to be given is required b:
an order passed under section 394 of the Bharatiya Nagarik Suraksh:
Sanhita, 2023 with imprisonment of either description for a ter
which may extend to six months, or with fine which may extend "
one thousand rupees, or with both.
3212, Furnishing false information.-Whoever, being legally bound to furm
information on any subject to any public servant, as such, furnishes, as t
information on the subject which he knows or has reason to believe to be fals.
Sec.215)
The
Bharatiya Nyaya Sanhita, 2023
(a) shall be
puni
may extend toshed withsimple
or imprfine
83

(b)
thousand
where the
six
rupees, mnonth s,
or with both; with is onment
which
for -a term which
may extend to five
the
commi ssioi
nnformat
of an ion which he is legally bound to
the
commission ofoffence, or is
an offence,required for the give respects the
or in order to purpose of
offender, with imprisorment
of the preventing
apprehension
years, or witheither
may extend to two of an
description for a
fine, or with both. term which
(a) A, a
landholder, Illustrations
his estate, wilfullyknowing the commission of a murder
of
occurred by accidentmisinforms the Magistrate of the within the limits of
in district that the death
consequence of the bite of a snake. Ais guilty of hasthe
offence defined in this section.
(b) A, a village
through his watchman, knowing that a considerable body of strangers has
village in order to commit a dacoity in the passed
merchant residing in a neighbouring place, and
and punctual information of the
house of Z, a wealthy
being legally bound to give early
above fact to the officer
station,wilfully misinforms the police officer that a of the nearest police
body of suspicious characters
passed through the village with a view to commit dacoity in a certain
in adifferent direction. Here A is
guilty of the offence defined in thisdistant place
section.
Explanation.-In section 211 and in this section the
any act committed at any place out of India, which, if word "offence" include
committed in India, would
be punishable under any of the following sections, namely, 103, 105, 307, sub
sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section
310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6),(7) and (8) of
section 331,clauses (a) and (b) of section 332 and the word "offender" includes
any person who is alleged to have been guilty of any such act.
213. Refusing oath or affirmation when duly required by public servant
to make it.-Whoever refuses to bind himself by an oath or affirmation to
state the truth, when required so to bind himself by a public servant legally
competent to require that he shall so bind himself, shall be punished with simple
with fine which
imprisonment for aterm which may extend to six months, or
with both.
may extend to five thousand rupees, or
authorised to question.-Whoever,
Z214. Refusing to answer public servant public servant,
being legally bound to state the truth on any subject to any subject by such
answer any question demanded of him touching that
refuses to
the exercise of the legal powers of such public servant, shall
publicservant in
imprisonmernt for a term which may extend to six
be punished with simple thousand rupees, or with both.
which may extend to five
months, or with fine refuses to sign any statement
sign statement.-Whoever
3215. Refusing to
required to sign that statement by apublic servant legally with
made by him, when that he shall sign that statement, shall be punished fine
competentto require
term which may extend to three months, or with
simple imprisonment for a rupees, or with both.
three thousand
which may extend to
Indian Penal Code (45 of 1860).
 The Bharatiya Nyaya Sanhita, 2023
84

1216. False statement on oath or affirmation to public servant

(Ser. 21%
or
authorised to administer an oath or affirmation.- -Whoever, being legally per s on
affirmation. bound
by an oath or affirmation to state the truth on any subject to any public
or other person authorised by Jaw to administer such oath or that
to such public servant or other person as aforesaid, touching
semarvakenst,
to be subject, any
statement which is false, and which he either knows or believes false does
or
not believe to be true, shall be punished with imprisonmernt of either
for a term which may extend to three years, ar
and shall also be liable to fine.

217. False information, with intent to cause public servant to use hi

description
lawful power to injury of another person. -Whoever gives to any public
any information which he knows or believes to be false, intending thereby to Servant
Cause, or knowing it to be likely that he will thereby cause, such public servant
ought not to
(a) to do or omit anything which such publicservant which such
or omit if the true state of facts respecting
is given were known by him; or
information
(b) to use the lawful power of such public servant to the injury
annoyance of 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 ten thoUsand rupees, or
with both.
Illustrations
(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate.
has beern guilty of neglect of duty or misconduct, knowing such intormation
to be false, and knowing it to be likely that the information Will cause the
Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place,
knowing such information to be false, and knowing that it is likely that the
Consequence of the information will be a search of Z's premises, attended with
annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the
neighbourhood of a particular village. He does not mention the name of any
person as one of his assailants, but knows it to be likely that in consequence
of this information the police will make enquiries and institute searches in the
village to the annoyance of the villagers or some of themn. A has committed
an offence under this section.

3218. Resistance to taking of property by lawful authority of a public

[Link] offers any resistance to the taking of any property by the
lawful authority of any public servant, knowing or having reason to believe
that he is such public servant, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both.
219. Obstructing sale of property offered for sale by authority of public
servant.-Whoever intentionally obstructs any sale of property offered for sale
by the lawful authority of any public servant, as such, shall be punished with
 The Bharatiya Nyaya Sanhita, 2023 85
Sec.223]

imprisonmentof either description for a term which may extend to one month,
extend to five thousand rupees, or with both.
fine which may
Illegal purchase or bid for property offered for sale by authority of
with
or
1220.
servant.- Whoever, at any sale of property held by the lawful authority of
public
servant, as such, purchases or bids for any property on account of any
public
person,
whether. himself or any other, whom he knows to be under alegal incapacity
purchase that property at that sale, or bids for such property bidding,
not intending to
shall be
performthe obligations under
to which he lays himself by such
extend to
punished with imprisonment of either description for a term which may
month, or with fine which may extend to two
hundred rupees, or with both.
one m functions.
2921. Obstructing public servant in discharge of public
public servant in the discharge of his public
Whoever voluntarily obstructs anyimprisonment
bunctions, shall be punished with of either description fora term
fine which may extend to two
which may extend to three months, or with
thousand and five hundred rupees, or with both. by law to give
3222, Omission to assist public servant when bound assistance to
assistance.-Whoever, being bound by law to render or furnish
any public servant in theexecution of his public duty, intentionally omits to
give such assistance,
imprisonment for a term which
(a) shall be punished with simple which may extend to two
may extend to one month, or with fine
thousand and five hundred rupees, or with both;
of him by a public servant
(b) and where such assistance be demanded for the purposes of
legally competent to make such demandCourt or of preventing
executing any process lawfully issued by a
a riot, or affray, or of
the commission of an offence, or suppressing of an offence, or of
apprehending a persorn charged with or guiltypunished with simple
having escaped from lawful custody, shall be sixmonths, or with
imprisonment for a term which may extend to
rupees, or with both.
fine which may extend to five thousand by public servant.
promulgated
4223. Disobedience to order duly by a public servant lawfully
Whoever, knowing that, by an order promulgated
is directed to abstain from acertain
empowered to promulgate such order, heproperty in his possession or under his
act, or to take certain order with certain
management, disobeys such direction,
tends to cause obstruction,
(a) shall, if such disobedience causes or
annoyance or injury, or risk of obstruction, annoyance or injury, to any
person lawfully employed, be punished with simple imprisonment
months, or with fine which may
for a term which may extend to six
extend to two thousand and five hundred rupees, or with both;
tends to cause danger to
(b) and where such disobedience causes or
human life, health or safety, or causes or tends to cause a riot or
affray, 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 thousand rupees, or with both.
 86 The Bharatiya Nyaya Sanhita, 2023

Eylanation.-It is not necessary that the offender

harm, or contemplate his disobedience as
that he knows of the order which he
produces, or is likely to produce, harm.
shoul
likely to produce d intend
disobeys, and thatharm
Illustration
An order is promulgated by a public servant lawfully
his isthe
directing that a religious procession shall not pass
1224. Threat of injury to public servant.-
empoweroffence
the onder, and thereby causes danger of riot. A has down a certain
ed promulgate
to
committed the street. A

outknowinanygy
injury to any public servant, or to any Whoever
in whom holds
defined in di
servant to be interested, for the purpose person of he
act. or to forbear or delay to do inducing
that public believes threa
functions of such public servant,any act, connected with
shall be servant
the hat min
description for a term punished
which may extend to two withor exercise of
2225. Threat of injury to induce
protection to public servant.
person for the purpose of -Whoever
years, with fine
holds out any threat of
imprisonment
person to refrain from or with br
a legal application for inducing
protection
that
against
person
any
empowered as such to give such protection, injury
to refrain or
desist
to any public from tinaipjurlyying
o
iy
given, shall be punished with
which may extend to one year, or imprisonment
or to cause such
of either protection servant Tnaking
legal
with
3226. Attempt to commit suicide tofine, or with both. description
for aa ter
power.- -Whoever attemnpts to commit suicide compel or restrain exercise
with the intent of
restrain any public servant from
with simple discharging to
his official duty shall compel lawfu or
fine, or with imprisonment for atermn which may
both, or with community extend to one year,be
or wia punished
service.
COMMENTS
It seeks to provide for (Basedtoon Notes on Clauses of the Bill)
and punishment thereof. attempt commit suicide to compel or restrain exercise of lawful poWer

CHAPTER XIV
OF FALSE EVIDENCE AND
OFFENCES AGAINST PUBLIC JUSTICE
227. Giving false evidence.-Whoever, being legally bound by an oath
or by an express provision of law to state the truth, or being bound by law to
make a declaration upon any subject, makes any statenment which is false, and
which he either knows or believes to be false or does not believe to be true, iS
said to give false evidence.
Explanation 1.-A statement is within the meaning of this section, whether
it is made verbally or otherwise.
Explanation 2.--A false statement as to the belief of the person attestng I
within the meaning of this section, and a person may be guilty of giving ta
 The Bharatiya
Nyaya Sanhita,
believes a 2023
stating that he thing which he
t h a the knows a thing which 87
bstatnyS
he does not does not believe, as
supportof
Illustrations
a just claim which B know. well
trial that he heard hasZ
admiagaitnstthe for one
in
A, sWears on a
a)ialsely Z.
giventalseevidence.
b)A,beingbound by an oath to state justice of thBsousclandaim. rupees,Ahas
the truth,
signatureto the handwriting of Z, states that he
be
handwriting of Z. Here Astates that when he does not believes a
givesfalse evidence. which he knows to be believe it tocerbetathein
false, and
knowingthe general character of Z's therefore
(c) A, signature to be the handwriting of
certain
So. Here
A's statement is merely as to
handwr
Z;;Ainiting, states that he
his good faith belitieves a
and therefore, although the signature belief, and is truebelasievitonghis to be
may not be the
not given false
evidence.
being bound by an oath to state the truth,
handwriting of Z, belAhasief,
(d) A,particular place on a particular day, not states that he knows that Zwas at
a
Agives false evidence whether Z was at that knowing
place anything
on the dayupon the subj ect.
(e) A, an interpreter or
translator, gives or certifies as a true named or not.
translation of a statement or document which he is interpretation
or
onslate truly, that which is not and which he does bound by oath to
not believe to beinterpret
a true
interpretation or translation. Ahas given false evidence
Inn8 Eabricating false
[Link] causes any record or makesto exist
makes any false entry in any book or record, or electroniccircumstance any
document or electronic record containing a false statement, intending that such
qumstance, false entry or false statement may appear in evidence in ajudicial
poteding, or in a proceeding taken by law before apublic servant as such, or
before an arbitrator, and that such circumstance, false entry or false statement,
90appearing in evidence, may cause any person who in such proceeding is to
form an opinion upon the evidence, to entertain an erroneous opinion touching
any point material to the result of such proceeding is said "to fabricate talse
evidence".
Illustrations
mav be tound n
belonging to Z. with the intention that thev Ahas tabricated
0) A puts jewels into a box convicted of thett.
thatt box, and that this circumstance may cause Zto be
false evidence. às corroborative
purpose of using it
(b) A makes a false entry in his shop-book for the
evidence in aCourt. Á hasfabricated false evidence. cOnspiracy, writes a
be convicted of a criminal an accompliein
A, with the intention of causing Z to addressed to
purportingto be thatthe officers
letter in imitation of Z's handwriting, place which he knows
a
theletter in false evidence.
such criminal conspiracy, and putsA has fabricated
of the police are likelyto search. intentionally gives
evidence.-(1) Whoever
fabricates falseevidence
'false29. Punishment for falseajudicial proceeding,aorjudicial proceeding,shall

De
evidernce in any stage of stage of
Ior the purpose of being used in either description
any for a termwhich
may

punished with imprisonmentof

(45of
1860).
PenalCode of1860).
 88
The Bharatiya Nyaya Sanhita, 2023
extend to seven years, and shall also be liable to fine which
Sec. 224
may extend
ten thousand rupees.
(2) Whoever gives orfabricates false evidence in any case other
than that referredintentionally giv (1), shall be punished withimpr1sonment o
to in sub-section
either description for aterm which may extend to three years, and shall also be
liable to fine which mav extend to five thousand rupees.
Explanation 1-A trial before aCourt-martial is a judicial proceeding,
beforeExplanation
directed by law preliminary to a
a Court, is2.-An investigation
a stage proceedinmayg
of ajudicial proceeding,thoughthat investigation
not take place before aCourt.
llustration

A,in an enquiry before a Magistrate for the purpose of ascertaining whether Z

ought
to be committed for trial, makes on oath a statement which he knows to be false. As thËs
enqury is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.--An investigation directed by a Court according to law a3
conducted under the authority of a Court, is a stage of a judicial
though that investigation may not take place before a Court. proceding,
Illustration
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the
boundaries of land, makes on oath a statement which he knows to be false. As this
enquiry is a stage of ajudicial proceeding, Ahas given false evidence.
1230. Giving or fabricating false evidence with intent to procure conviction
of capital offence.-1) Whoever gives or fabricates false evidence, intending
thereby to cause, or knowing it to be likely that he will thereby cause, any person
to be convicted of an offence which is capital by the law for the time being in
force in India shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false
evidence referred to in sub-section (1), the person who gives such false evidence
shall be punished either with death or the punishment specified in sub-section ()
?231. Giving or fabricating false evidence with intent to procure conviction
of offence punishable with imprisonment for life or imprisonment.-Whoere
gives or fabricates false evidence intending thereby to cause, or knowing it to b
likely that he will thereby cause, any person to be convicted of an offence whid
by the law for the time being in force in India is not capital, but punishable wtl
imprisonment for life, or imprisonment for aterm of seven years or upwards,shall
be punished as a person convicted of that offence would be liable to be punished
Illustration