For earlier sections of this chapter please click the link below. (it will open in new tab)-
CHAPTER XI (191-211) of IPC – False Evidence and Offences against Public Justice
212. Harbouring offender.
Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment;
if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
“Offence” in this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception-
This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Illustration-
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both—Cognizance—Bailable— Triable by Magistrate of the first class—Non-compoundable.
213. Taking gift, etc, to screen an offender from punishment.
Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment,
if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten, or with years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
214. Offering gift or restoration of property in consideration of screening offender.
Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;
if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Exception-
The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable— Bailable— Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine-—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
215. Taking gift to help to recover stolen property, etc.
Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.
Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody;
or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person which the intention of preventing him from being apprehended, shall be punished in the manner following that is to say-
if a capital offence- if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment- if the offence is punishable with imprisonment for life, or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.
“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception-
This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years, with or without fine— Cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
216A. Penalty for harbouring robbers or dacoits.
Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanation-
For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.
Exception-
This provision does not extend to the case in which the harbour is by the husband or wife of the offender.
CLASSIFICATION OF OFFENCE
Punishment—Rigorous imprisonment for 7 years and fine—Cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
216B. Definition of “harbour” in sections 212, 216 and 216A.
Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or
with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
219. Public servant in judicial proceeding corruptly making report, etc, contrary to law.
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years, or fine, or both—Non-Cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say-
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death;
or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years;
or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years, with or without fine—According as the offence in relation to which such omission has been made in cognizable or non-cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
Para II: Punishment—Imprisonment for 3 years, with or without fine— Cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
Para III: Punishment—Imprisonment for 2 years, with or without fine— Cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say-
with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;
or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards;
or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years or if the person was lawfully committed to custody.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life, or imprisonment for 14 years, with or without fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.
Para II: Punishment—Imprisonment for 7 years, with or without fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non- compoundable.
Para III: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
223. Escape from confinement or custody negligently suffered by public servant.
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
224. Resistance or obstruction by a person to his lawful apprehension.
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation-
The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.
225. Resistance or obstruction to lawful apprehension of another person.
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
or, if the person to be apprehended, or the person attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Non- bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III & IV: Punishment—Imprisonment for 7 years and fine—Cognizable—Non- bailable—Triable by Magistrate of the first class.
Para V: Punishment—Imprisonment for life or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session.
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-
(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non- cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non- cognizable—Bailable—Triable by any Magistrate.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine, or both—Cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
226. Unlawful return from transportation.
Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995), sec. 117 and Sch. (w.e.f. 1-1-1956)
227. Violation of condition of remission of punishment.
Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.
CLASSIFICATION OF OFFENCE
Punishment—Punishment of original sentence, or if part of the punishment has been undergone, the residue—Cognizable—Non-bailable—Triable by the court by which the original offence was triable—Non-compoundable.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.
Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both— Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of chapter XXVI—Non-compoundable.
228A. Disclosure of identity of the victim of certain offences, etc.
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
**The written section here is updated but if you want to read the full official August 2018 Amendment then please click here.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is-
(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next-of-kin of the victim:
Provided that no such authorisation shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanations-
For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanations-
The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.
229. Personation of a juror or assessor.
Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.
229A. Failure by person released on bail or bond to appear in Court.
Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Explanation-
The punishment under this section is-
(a) In addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and
(b) without prejudice to the power of the Court to order forfeiture of the bond.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 years, or fine, or both—Cognizable—Non-Bailable— Triable by any Magistrate—Non-compoundable.
Next,
CHAPTER XII (230-263A) of IPC – Offences Relating to Coin and Govt Stamps
BEST BOOKS FOR IPC
IPC – Ratanlal and Dhirajlal (student edition)
IPC – Ratanlal and Dhirajlal (full edition)
Lecture Series on Indian Penal Code
IPC Bare Act
- Article 334A of the Constitution of India - 14th April 2024
- Article 332A of the Constitution of India - 14th April 2024
- Article 330A of the Constitution of India - 14th April 2024
