CHAPTER-IV ANALYSIS OF PUNISHMENTS MENTIONED IN INDIAN PENALCODE WITH THE OTHER PENAL CODES OF SELECTED COUNTRIES

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1 1, CHAPTER-IV ANALYSIS OF PUNISHMENTS MENTIONED IN INDIAN PENALCODE WITH THE OTHER PENAL CODES OF SELECTED COUNTRIES j

2 222 CHAPTER-IV ANALYSIS OF PUNISHMENTS MENTIONED IN INDIAN PENALCODE WITH THE OTHER PENAL CODES OF SELECTED COUNTRIES 4.1. Introduction New sanctions have been devised, new correctional treatment methods have been invented and in number of countries punishments have been tailored to meet the present needs of the society. In the course of time, concept of punishment was changed. The idea of causing some deliberate harm to another was not a part of its original character. It was simply a defensive reaction. However, with the passage of the time defensive reaction achieved a value of its own and to justify it, all sorts of theories have been put forward. In England, till the period of Norman conquest there was no true criminal procedure. There is no clear indication as to what are the factors that should be taken into account in the matter of assessing the sentences to be imposed. In many countries there are laws prescribing sentencing guidelines. The establishment of a permanent Statutory Committee for the purpose of prescribing sentencing guidelines is required in India. As the fines were prescribed more than one and half century ago and the value of the rupee has since gone down considerably, the continuing with those amounts as fine seriously effects the object of punishment. The practice of jailing women who are pregnant or having

3 223 young child is cruel and most unreasonable to virtually put the innocent child in prison for no fault of the child which will also affect his future life. Therefore pregnant women or women with child should, instead of being sent to prison, be ordered to be under house arrest like other developed countries The Indian Penal Code The Code contains 511 sections and 32 chapters. It was prepared in between the years1834 and It was kept in abeyance about 25 years. It was verified by several eminent English legal luminaries. The code was finally enacted as law on But, actually it came in to operation on since then it has been in force subjecting to some occasional modifications through amendments. In Indian Penal Code several offences were defined and punishments were prescribed. In all the sections of the code 35 sections denote only punishments. In the code nearly 48 new sections were added and 11 sections are repealed and 10 sections are omitted.it is true that the list of offences provided in India Penal code is incomplete. Many offences are not included as per the aspirations of the people and the progress of the society. No punishment can be said to attain its true purpose which is disproportionate and unjust. This implies a close examination and view of crime in its true perspective. Really speaking, there is no absolute criterion or measure of crime. It varies with age, locality and circumstances and prohibited by whom but by the public opinion of society of which the Legislature is but a spokesman and the external embodiment. Such prohibitions have varied from time to time, but there are certain prohibitions which the intuition of man has condemned at all times and in all places, these forms are the backbone of criminal law. They are

4 224 offences which by the consensus of mankind are regarded as evils of the highest degree, and both as destructive of society and its well-being. The offences such as treason, murder, rape and robbery belong to this class. Next to them fall other offences which law reprobates as grave and which the moralist condemns as true manifestation of an evil nature. Such are the offences of hurt, adultery, defamation and acts involving fraud. Next below them fall offences which are constituted for the preservation of the State and to protect its revenues. Such offences are those against the revenue and servants. The offences which would be called as quasi-delicates, and which are offences not implying any moral turpitude, but are nonetheless punishable on account of the injury they do or threaten to the Sate or its subjects. Such are the offences called public nuisances and those allied thereto and made punishable by Secs.304-A, Into the same category fall other offences such as those relating to the breach of contract and of marriage obligations. It is not an easy task to classify offences according to their gravity, but the maximum punishment provided in each case is an indication of the place the Code intends to assign to each offence in the cadre of criminality Scheme of the Indian Penal Code It opens with a chapter of general explanations, and interpretations of the terms used throughout the Code. It then describes the various punishments to which offenders are liable; follows with a list of the exception regarding criminal responsibility under which a person who otherwise would be liable to punishment

5 225 is exempted from the penal consequences of his act, such as offences committed by children1, by accident2 or misfortune without any criminal intention3, offences committed by lunatics and offences committed in the exercise of the right of private defence. The next chapters deal with offences against the public, criminal conspiracy including the state, the army and navy, public tranquility, public servants, contempt of the lawful authority of public servants, offences relating to elections perjury: offences relating to coin and Government stamps, to weights and measures; offences affecting the public health, safety, convenience, decency and morals; offences relating to religious; and offences relating to the human body, dowry death from murder down to the infliction of any hurt. The Code then passes on to offences against property; offences relating to forgery, including trade mark, criminal breach of contracts for service, offences relating to marriage, offences of cruelty by husband or relatives of husband, defamation, criminal intimidation, insult and annoyance. Under this last head is included an attempt to cause a person to do anything which that person is not legally bound to do, by inducing him to believe that he would otherwise become subject to divine displeasure. The First Schedule of the Information Technology Act, 2000 has amended certain provision of the Indian Penal Code, The scope of the amended provisions has been widened to include offences relating to documents and paper based transactions. By virtue of the Amendments made now, all the amended provisions will include offences relating to documents as well as electronic records. 1 Sec. 82 & 83 of IPC 2 Sec Sec. 81

6 Types of punishments mentioned in I.P.C. Section 53 of Indian Penal Code has prescribed six types of punishments, namely, death, life, imprisonment, rigorous imprisonment, simple imprisonment, forfeiture of property and fine. Indian Penal Code is in fact a catalogue of offences and punishments. Out of the above punishments, most common are imprisonment of both description and fine. Sections 53 to 75 of the I PC incorporate general provisions relating to punishment for different offences, Chapter III of IPC titled Of Punishments contains Ss dealing with different types of punishments, including death sentence, life imprisonment and imprisonment for certain periods, whether the sentence, should be served as rigorous or simple imprisonment and so on. Provisions relating to imposition of fines, including provisions for alternative sentences, if fines are not paid are incorporated in Ss , IPC; nature of punishment for offences made up of several offences is provided for in Ss. 71 and 72. Solitary confinement as punishment and limits of its imposition are spelt out in Ss. 73 and 74 of the Code. Section 751 provides for enhanced punishment for the offences defined under chapter XVI or Ch. XVII of the code for repeat offenders The Code in the changing Society Since Lord Macaulay has drafted the Indian Penal Code, the world has undergone a complete change in the criminological thinking and also in the basic fiber of rule of law. It is important to observe that the Act has not attempted to define the word, criminal or offender1 even though it is used several 1 Substituted by The Indian Penal Code( Amendment) 1910, Act No.lll of 1910.

7 227 times in the Code. That is the background of the Code not providing any clear understanding of the word crime or criminal and simply explaining the term in simplistic manner. It is true, in the fitness of things to the current understanding of the philosophy behind, some modern statutes like Children Act, Drug Act, Arms Act, etc. have identified some stray syndromes of crime and delinquency behavior, as the case may be. But the Code is such an over-simplification that individualized treatment and therapeutic approach is inapplicable. The only way is to individualize the punishment by maneuvering the scale of punishment, since the Code has prescribed only maximum punishment. Though Law is backdated, it is heartening to note that the scientists and sociologists have come forward to unfurl a correct understanding of the situation. To them, crime an act of a deviant who in response to a given phenomena personal to him, violate the normative social prescription endangering the social life and living. Thus, crime is an act of deviance, an act in response to a given situation and an act which is a product of personal reaction to a given situation. This attitude gives ample scope for deep studies to unearth causative factors in each species of crime. In a word, the present framework of the Code does not incite people to unearth truth Role of Law Commission of India The Indian Government has been constituting Law Commissions from time to.time since Independence. The period of each Commission is 3 years. The reports of the Law Commissions are considered by the Ministry of Law in consultation with the concerned administrative Ministry and are submitted to Parliament from time to time. The Law Commission of India has forwarded

8 228 reports so far on different of subjects of Law. The recommendations of the Law Commission regarding the provisions of Indian Penal Code is laudable. The I.L.C. stated through its reports to amend several provisions of the Code regarding the change of punishment for several sections. Some important suggestions of the I.L.C or explained below. The Law Commission of India in its 5th Report stated that about the British statues applicable to India, in its 29th Report it stated about the proposal to include certain social and economic offences in I.P.C., in its 39th Report1 2it gave important suggestions about the imprisonment for life under the Code, in its 47th Report mentioned about the trial and punishment of social and economic offences. In its 51st Report it recommended to the Government about the compensation for injuries caused in hit-and-run cases, its 84th Report it mentioned about rape and alleged offences, its 91st2 Report mentioned about Dowry death and other Law Reforms. In 109th Report the 10th Law Commission on 1985 explained the new outlooks in obscene and indecent advertisement and displays. In 142nd Report the 19th Law Commission mentioned about the concessional treatment for offenders. In 146th Report the 13th Law commission recommended to the Government to add new section i.e., 373-A to the Indian Penal Code to curtail the sale of women and children. In 156th Report, the 14th Law Commission under the Chairmanship of K.G.Reddy suggested some Reforms to the Government. In 172nd Report the 15th Law Commission under the Chairmanship of B.P.Jeevan Reddy stated about the Review of Rape Laws. In 187th Report the 17th Law Commission mentioned mode of execution of death sentence and incidental matters and submitted to the 1 Fifth Law Commission under the Chairmanship of Mr. K.V.Sundaram th Law Commission under the Chairmanship Mr. Justice K.K.Mathew

9 229 Government. In 202nd Report, 18th Law Commission in the year 2007 under the Chairmanship of Justice A.R.Lakshman proposed the amendment of Sec. 304 B of IPC..The Law Commission of India1 in its 156th Report, submitted in 1997 affirmed the changes in the IPC as accepted in the1978 Bill, except that new section 304B was recommended to be inserted as sub-section (2) in section 304A because the number could not be 304B in view of the amendment of the IPC by Act 43 of 1986 inserting section 304B relating to dowry death. The Law Commission reaffirmed the changes in the IPC as carried out by clauses 118, 119,127,128,141,142 and 143 of the IPC (Amendment) Bill, 1978 as passed by the Council of States on , subject to the following modifications. The Law Commission of India2 now feels that even the maximum term of imprisonment of five years in section 304A, IPC would not be adequate on the touchstone of the theory of deterrence keeping in view the present days practical reality and the same should be increased to ten years. It is also felt that the offence under section 304A, IPC should be non-bail able. Causing death of any person through driving under the influence of drink or drugs should be punishable with the minimum term of imprisonment of two years. Any second or subsequent offence under section 304A, IPC, if the rash or negligent act involved is the act of driving other than driving under the influence of drink or drugs, should be punishable with the minimum term of imprisonment of one year. The maximum term of imprisonment in section 279 (proposed) section 279A, IPC should be increased to five years and any second or subsequent

10 230 offence there under should be punishable with the minimum term of imprisonment of six months. Any second or subsequent offence under section 336, IPC, if committed within three years of the commission of the previous similar offence and the rash or negligent act involved is the act of driving should be punishable with the maximum term of imprisonment of two years. Any second or subsequent offence under section 337, IPC, if committed within three years of the commission of the previous similar offence and the rash or negligent act involved is the act of driving, should be punishable with the maximum term of imprisonment of three years. Any second or subsequent offence under section 338, IPC, if the rash or negligent act involved is the act of driving, should be punishable with the maximum term of imprisonment of five years. The Law Commission, headed by Justice A.R.Laxman in its 234th report submitted to the Government that causing death by driving under the influence of alcohol or drugs should be punished with a minimum provision term of 2 years. In its report on legal reforms to combat road accidents the Commission said: India has one of the largest net works in the world, of Million Kilometres consisting of National High Way, Express ways, State High Ways major district roads and village roads. More than 1 lakh Indians are dying every year in road accidents. More than a Million are injured or maimed1. The 18th Law Commission has recommended increasing the minimum sentence from 7to 10 years in Dowry death cases. It has however, declined the suggestion to increase the maximum punishment from life imprisonment to death sentence. The Commission says. There is no justification for amending the Section 304-B I.P.C. to provide for death 1 The Hindu 23rd Aug Law Panel for 10 years imprisonment for death caused by rash driving.

11 231 penalty. Such penalty will also not the inconformity with the principles of proportionality Proposed Chapter on Attempts The Law Commission of India1 proposed deletion of S.511 and insertion of a new Chapter VB1 entitled Of Attempt consisting of the two Ss. 120C and 120D after Chapter VA dealing with Criminal Conspiracy with a view to group inchoate crimes together. The proposed S 120C gives a comprehensive definition of attempt as shown below. 120C. Attempt.- A Person attempts to commit an offence punishable by this Code, when - (a) with the intention or knowledge requisite for committing it does any act towards its commission; (b) the act so done is closely connected with, and proximate to, the commission of the offence; and (c) the act fails in its object because of facts not known to him or because of circumstances beyond his control. 120 D. Punishment for attempt. - Whoever is guilty of an attempt to commit an offence punishable by this Code with imprisonment for life, or with imprisonment for specified term, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life, or as the case may be, one-half which may extend to onehalf of the imprisonment for life, or, as the case may be, one-half of the longest 1 The Law commission of India, 42nd Report on Indian Penal Code, (Ministry of Law) (1971), PP

12 232 term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. The Supreme Court of India has also dealt with these aspects while determining the scope of Ss 511 and 307 of Indian penal code1. Revision of our law on the lines of Criminal Attempt Act, 1981 may help the Indin courts resolve the conflicts and strengthen the law of criminal attempts. The 42nd Report of the Law Commission of India, submitted in June, 1971, examined the provisions of the IPC, regarding negligence.2 History of section; The provision in Macaulay s Draft Penal Code was as follows:- 304, whoever causes the death of any person by any act or any illegal omission, which act or omission was so rash or negligent as to indicate a want of due regard for human life, shall be punished with imprisonment of either description for a term which may extend to two years, or fine, or both. The clause was inadvertently or otherwise, left out in the final draft. The present section 304A was subsequently inserted at the instance of the then Law Minister, Sir James Stephen, by Act 25 of It was stated in the Statement of objects and Reasons:- The Code, as it stands, contains no adequate provision for the punishment of what English lawyers call manslaughter by negligence. This was provided for in the draft Code, section 304, and the present Bill supplies the omission. 1 The Supreme Court has held in Om Prakash v. The State of Punjab. (1962(1) S C J Fifth Law Commission under the Chairmanship of Mr. K.V.Sundaram

13 Inadequate Punishment The Law Commission of India in number of times emphasized the need to enhance the punishment to different offences in the Code. The important recommendations of the ILC are mentioned below. This is desirable, in view of the greater importance of the offence under Section 304A as assumed since the section was inserted due to the wide use of fast moving mechanically propelled vehicles and the frequency in the commission of the offence, accompanied by callousness of the offender towards the victim; often there are cases tried under this section which are very near to culpable homicide and deserve a severe sentence. In the views expressed by various kinds of people, organization and institution as to the quantum of punishment under the Code, there has been a strong demand for increase in the punishment under this section. The suggestions vary from three years to seven years. There is also a suggestion to increase the period to seven years if more than one death has been caused. After taking into account of the proposal of Law Commission to fix the maximum punishment for culpable homicide not amounting to murder at ten years, these Commission recommend that the maximum punishment for causing death by negligence may be half that period, namely five years." Process of Sentencing under India Penal Code In India, the sentencing process is totally a judicial determination and the Court can pass a sentence in a definite form. Law normally indicates the maximum punishment to be awarded for an offence and then leaves it to the discretion of the sentencing Courts to pass an appropriate sentence within the prescribed maximum limit. The Indian Penal Code provides the general penal

14 234 code of India, impliedly assuming the possibility of existence of special Statutes defining offences and prescribing punishments Section 304A, which was inserted in the IPC by Act 25 of 1870, postulates a rash and negligent act entailing death of another. Dealing with sentencing of a convict for offences under sections 279 and 304A, IPC, the Supreme Court in Dalbir Singh v. State of Haryana1 held. When automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would beat the risk of further escalation of road accidents. All those who are manning the steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in case of dereliction. One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere. Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic. While considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the prime considerations should be deterrence. He must always keep in his mind the fear psyche that if he is convicted of the offence for causing death of a human being due to his callous driving of the vehicle he cannot escape from a jail sentence. This is the role which the courts can play, particularly at the level of trial courts, for lessening the high rate of motor accidents due to callous driving of automobiles 113 (2000) 5SCC82

15 Need to Change of Punishments The change in the outlook of punishments with the emphasis being shifted form the offence to the offender will naturally lead to recasting of the provisions of substantive law relating to definition of offences as well as responsibility. On the question of responsibility, Friedman observes Clearly the development of modern psychiatry which between the fully normal and the fully abnormal person recognizes an infinite variety of shades of disturbances lessening to a varying degree the emotional powers and capacities of self-control rather than intellectual discernment calls for a corresponding elasticity in the legal approach to and problem of responsibility. But this very development makes it obviously very difficult to devise precise legal formulate by either statutory or judicial legislation. 1 The Penal Code today provides for a gradation of punishments according to specific criminal acts and the criminal intent demonstrated by them. The meticulous setting down of supposedly appropriate dosage of punishments based upon degrees of vicious will lose most of its significance. The new approach to punishments would necessitate a re-examination of the splitting up of offences into degrees. This will have the added advantage of the reduction of the size of the penal code Over elaboration has been the besetting sin of the entire Code. Section have been multiplied beyond necessity. Different circumstances of the commission of a single offence have been considered for new section although they are really to be considered in each case by the trying court for apportioning the punishment under the original offences 2. The revision of two codes recently, the Canadian Criminal Code(1955) and the Criminal Code of Louisiana (1942) 1 Friedman, Law in a changing Society (1959) P Abdul Hasanat: crime and criminal Justice (Appendix B) p.124

16 236 proceed chiefly on the principle of reduction of the size of the code by eliminating such distinctions Division of Offences basing on the Punishments The offences in the Indian Penal Code are divided in to 14 categories basing on the punishments prescribed to them in the following manner. The punishments mentioned for all the offences in Indian Penal Code are not in particular order. The minimum sentence is not fixed to any of the offence to most of the affiances except in three occasions 1. In this category there are 7 offences which are punishable with death or imprisonment for 10 years imprisonment life and shall also liable to fine and one of the section i.e. Sec.303 is only punished with death. In this category two sections they are Sec.376, Sec. 397 & 398 specifically provided with rigorous imprisonment. All these offences are mentioned in the following table. SL. Section Offence Punishment No Waging, or attempting to wage war, or abetting waging of war, against the Shall be punished with death or imprisonment for life and shall also liable to fine Government of India Abetment of mutiny, if mutiny is committed in consequence there of. Death or imprisonment for life, or 10 years and fine Giving or fabricating false evidence with intent to procure conviction of capital offence Shall be punished either with death or imprisonment for life or rigorous imprisonment for a term which may extend for 10 years and shall also liable to fine. 1A J McLeod and J C Martin, The Revision of the Criminal Code Canadian Bar Review, p.3 (1955); J.Denton Smith, How Louisana prepared and Adopted a Criminal Code 41 Journal of Criminal Law and Criminology p. 125.

17 Punishment for murder Shall be punished with death or Or imprisonment for life and shall Also liable to fine Punishment for murder by life Shall be punished with death. convict 6 364A Kidnapping for ransom, etc. Death or Imp. for life and fine Dacoity with murder Death, Imp. for life or rigorous Imp. for 10 years and fine. Table No:l, The offences punishable with death alone and life imprisonment and fine 2. There are 34 Sections in the Code which are punishable with Imprisonment for life. The punishments for all these offences did not contain any minimum limit. The above 7 sections are specially provided with rigorous imprisonment. There are three options of punishments to the conviction court but did not contain any minimum limit. All these three options such as life, 10 years/7years of imprisonment and fine. In this category of punishments also there is no uniformity. Some of the offences are provided with punishment of life or 10 years Imp. and fine, some others are punishable with life or 14 years Imp. and with or without fine, some others are punishable with life or 10 years Rigorous Imprisonment. Though the Criminal Law (Amendment) Act, 1983 the Punishment to Sec. 376 in substituted by fixing minimum punishment. Thus in this category of offences even though all are contain life as primary punishment, optional punishments are different. SL. Section Offence Punishment No. 1, 121-A1 Conspiracy to commit offences punishable by section 121 Shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding 10 years and shall also liable to fine Collecting arms, etc., with intention of waging war against Life or 10 years imprisonment and fine imprisonment to which

18 238 the Government of India Waging war against any Asiatic Power in alliance with the Government of India Aiding escape of, rescuing or harboring such prisoner Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty Giving or fabricating false evidence with intent to procure conviction of capital offence Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed Resistance or obstruction to lawful apprehension of another may leaded Life and Fine & Imp. for 7 years to which fine may be added. Fine or fine. Life or 10 years imprisonment Imp.for life or Imp. for 10 years and fine Imp. for life or rigorous Imp. for 10 years and fine. Imp. for life or imp. for 14 years or with or with out fine. Life or 10 years imprisonment fine and fine person Counterfeiting Indian coin Imprisonment for life & Imprisonment for 10 years and fine Import or export of counterfeits of the Indian coin j > Counterfeiting Government stamp > > Being a thing Imprisonment for life or Imp. for 10 years and fine Causing miscarriage without Imprisonment for life or Imp. woman s consent for 10years and fine Death caused by act done with Imprisonment for life or Imp. intent to cause miscarriage for 10 years and fine Voluntarily causing grievous Imprisonment for life or Imp. hurt by dangerous weapons or for 10 years and fine means Voluntarily causing grievous Life or 10 years Imp. and fine hurt to extort property, or to constrain to an illegal act Kidnapping or abducting in Life or rigorous imp. for 10 order to murder years and fine Habitual dealing in slaves Life or 10years and fine Punishment for rape Life or 10years and fine Unnatural offences Life or 10years and fine Putting a person in fear of an accusation of an offence punishable with death or imp. for life or imp. for 10 years in Imp. for life or imp. for 10 years and fine.

19 239 order to commit an extortion Voluntarily causing hurt in committing robbery Life or rigorous imprisoment for 10 years and fine Punishment for dacoity. Life or rigorous imprisonment for 10 years and fine Punishment for belonging to gang of dacoits Dishonestly receiving property stolen in the commission of a dacoity Habitually dealing in stolen property Mischief by fire or explosive substance with intent to destroy house, etc Punishment for the mischief described in section 437 committed by fire or explosive substance House-trespass in order to commit offence punishable with death Grievous hurt caused whilst committing lurking housetrespass or house-breaking All persons jointly concerned in Lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them Forgery of valuable security, will etc Making or possessing counterfeit seal, etc Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable security A&B 489 D Counterfeiting currency-notes or bank-notes Using as genuine, forged or counterfeit currency-notes or Bank-notes Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes Life or Rigorous Imp. for 10 years and fine Life or Rigorous Imp. for 10 years and fine Life or 10years Imp. and fine Life or 10years Imp. and fine Life or Rigorous Imp. for 10 years and fine Life or 10years Imp. and fine Life or 10years Imp. and fine Life or 10years Imp. and fine Life or 7years Imp. and fine Life or 7years Imp. and fine Life or 10years Imp. and fine Table No:2 Showing the offences punishable with 14 years imprisonment and fine.

20 In this category there are four offences in which one offence i.e.,roberry with rigorous punishment for 14 years and fine and the same is also punishable with rigorous punishment for 10years and fine. The conviction court can exercise the discretion only regarding to the quantum of imprisonment and fine but it ought to inflict both fine and imprisonment. SL. Section Offence Punishment No Abetment of offence punishable with death or imprisonment for Imprisonment for 14 years and fine life if offence not committed Punishment for robbery 14 years imp. and fine or Rigorous imp. for 10 year and fine Lurking house-trespass or housebreaking by night in order to commit offence punishable with imprisonment Lurking house-trespass or housebreaking by night after preparation for hurt, assault, or wrongful restraint. Imprisonment for 14 years and fine Imprisonment for 14 years and fine Table No:3 Showing the offences punishable with 14 years imprisonment and fine. 4. In this category there are 26 offences which are all punishable with 10 years imprisonment and fine. The two offences are specially provided with rigorous imprisonment It is peculiar that for Sec.397 and 398 minimum punishment is mentioned except these two sections no other section contain it in entire Code. S.No. Section Offence Punishment Possession of instrument or material for the purpose of using the same for 10 years and fine(3years and fine) counterfeiting coin Delivery of Indian coin, possessed with 10 years and fine knowledge that it is counterfeit Abetment to suicide 10 years and fine

21 Act done with intent to prevent child being 10 years and fine born alive or to cause it to die after birth Causing death of quick unborn child byu 10 years and fine act amounting to culpable homicide Voluntarily causing hurt to extort property, 10 years and fine or to constrain to an illegal act Causing hurt by means of poison, etc., with 10 years and fine intent to commit an offence g 331 Voluntarily causing grievous hurt to extort 10 years and fine confession, or to compel restoration of property Voluntarily causing grievous hurt to deter 10 years and fine public servant Kidnapping, abducting or inducing woman 10 years and fine to compel her marriage etc A Procuration of minor girl 10 years and fine B Importation of girl from foreign country 10 years and fine Kidnapping or abducting in order to subject 10years and fine person to grievous hurt, slavery, etc Selling minor for purposes of prostitution, 10 years and fine etc Buying in or for purposes of prostitution, 10 years and fine etc Theft after preparation made for causing death, hurt or restrain in order to the committing of the theft Rigorous imprisonment 10 years and fine Extortion by putting a person in fear of 10 years and fine death or grievous hurt Extortion by threat of accusation of an 10 years and fine. offence punishable with death or imprisonment for life, etc Mischief with intent to destroy or make 10 years and fine unsafe a decked vessel or one of twenty tons burden Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc 10 years and fine Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Same offence with concealment of former marriage from person with whom subsequent marriage is contracted. 10 years and fine 3 years and fine 10 years and fine 10 years and fine. Table No:4 Showing the offences punishable with 10 years imprisonment and fine.

22 In this category there are 50 offences which are all punishable with 7 years imprisonment and fine. Sec. 174A, Sec. 195A, Sec. 293 and Sec. 477A are amended by Act no. 25 of Act no. 2 of Act no. 8 of and Act no. 3 of respectively. The two offences are specially provided with additional punishment of forfeiture of property and four offences are punishable with rigorous imprisonment 7 years and fine.sec.193 of the Code replaced the old section through Amendment Act No:8 of 1925 by enhancing the punishment as 7 years and Rs.5000 as fine in case of subsequent commission of the offence. But there is no minimum punishment to any of these offences. S.No. Section Offence Punishment Committing depredation on territories of Power at peace with the Government of India 7 years and fine and forfeiture of certain property Concealing design to commit offence punishable with death or imprisonment for life Receiving property taken by was or depredation mentioned in sections 125 and Abetment of such assault, if the assault is committed (A) Non-attendance in obedience to an order from public servant 7 years and fine / 3 years and fine. 7 years and fine and forfeiture of certain property 7 years and fine 7 years and fine or both Punishment for false evidence. 7 years and fine 7 195(A) Threatening any person to give false evidence Causing disappearance of evidence of offence, or giving false information to screen offender False charge of offence made with intent to injure. If the offence charged be punishable with Imp. of 7 years or upward.. 7 years and fine certain property 7 years and fine 7 years imprisonment and fine. 1 The Code of Criminal Procedure (Amendment) Act, Criminal law (Amendment) Act, The Obscene publication Act, The Indian Criminal (Amendment) Act, 1895.

23 Taking gift, etc., to screen an offender from punishment 7 years and fine (3 years and fine) Offering gift or restoration of property in 7 years and fine consideration of screening offender Counterfeiting coin 7 Years and fine Making or selling instrument for counterfeiting Indian coin 7 years and fine(3 years and fine) Possession of Indian coin by person 7 years and Fine who knew it to be counterfeit when he became possessed thereof Person employed in mint causing coin 7 Years and Fine to be of different weight or composition from that fixed by law Unlawfully taking coining instrument 7 years and Fine from mint Fraudulently or dishonestly diminishing 7 years and fine weight or altering composition of Indian coin Altering appearance of Indian coin with 7 Years and fine intent that it shall pass as coin of different description Having possession of instrument or 7 Years and fine material for counterfeiting Government stamp 19, 257 Making or selling instrument for 7 years and fine counterfeiting Government stamp Sale of counterfeit Government stamp 7 Years and fine Having possession of counterfeit 7 years and fine Government stamp Using as genuine a Government stamp 7 years or fine and known to be a counterfeit both Sale, etc., of obscene objects to young 2nd or subsequent person conviction imp.of 7 years and fine upto Attempt to commit culpable homicide. If such act causes culpable homicide to any person Punishment for voluntarily causing grievous hurt Voluntarily causing hurt to extort confession, or to compel restoration of property Rs.5000 Imp. for 7 years or Fine or both. 7 years or fine 7 years and fine Punishment for kidnapping 7 years and fine Kidnapping or abducting with intent secretly and wrongfully to confine person 7 Years and fine Kidnapping or abducting child under ten years with intent to steal from its 7 years and fine

24 244 person Buying or disposing of any person as a slave 7 Years and fine or both Theft by clerk or servant Imp. for 7 years and fine Theft by clerk or servant of property in possession of master 7 years and fine Robbery, or dacoity, with attempt to cause death or grievous hurt Attempt to commit robbery or dacoity when armed with deadly weapon Belonging to 9 wandering gang of persons associated for the purpose of habitually committing thefts Assembling for purpose of committing dacoity Dishonest misappropriation of property possessed by deceased person at the time of his death. Rigorous imprisonment not less than 7 years. Rigorous imprisonment Not less than 7 years 7 years rigorous Imp. and fine. Rigorous imprisonemnt for 7 years 7 years and Fine Criminal breach of trust by carrier, etc. 7 years and Fine Criminal breach of trust by clerk or 7 Years and Fine servant Cheating and dishonestly inducing 7 years and Fine delivery of property Mischief by destroying, moving or rendering less useful a lighthouse or 7 years or fine or Both sea-mark Mischief by fire or explosive substance 7 years or Fine with intent to cause damage to amount of one hundred(incase of agrl. produce) or ten rupees House trespass in order to the commitment an offence punishable 7 years Imprisonment and fine. with imprisonment, If the offence is theft House trespass after preparation for 7 Years and fine hurt, assault or wrongful restraint Forgery of record of Court of public 7 years and fine register, etc Forgery for purpose of cheating 7 years and fine Making or possession counterfeit seal, 7 years and fine etc., with intent to commit forgery publishable otherwise Having possession of document described in section 466 or 467, knowing it to be forged and intending to 7 years and fine

25 245 use it as genuine Counterfeiting device or mark used for 7 years and fine authenticating documents other than those described in Section 467, or possessing counterfeit marked material A Falsification of accounts. 7 Years or fine or both C Possession of forged or counterfeit 7 years or fine or both currency-notes or bank- notes Marriage ceremony fraudulently gone through without lawful marriage 7 years and fine Tab e No: 5 Showing the offences punishable with 7 years imprisonment and fine. 6. Sec. 153A, Sec. 153B, Sec. 292 and Sec. 505 are amended by Act no. 35 of 1969,1 Act no. 25 of Act no. 8 of and Act no 4 of In this category there are 12 offences punishable with 5 years imprisonment and fine.there is no either maximum or minimum limit to the fine, but in one case there is maximum limit to the fine.in this category there are two options to the conviction court for some offences and to some other offences three options are available. S.No. Section Offence Punishment 1 153A Promoting enmity between different groups on grounds of religion race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 5 years and fine 3 Years and fine or both 2 153B Imputations, assertions prejudicial to national integration. If committed in lace of public worship etc. Imp. to 5 years and fine Harboring offender 5 years and fine (3 years and fine) Delivery of coin, possessed with knowledge that 5 years and it is altered Possession of Indian coin by person who knew it to be altered when he became possessed thereof. fine 5 years and fine Sale etc. of obscene books etc. On the 2nd or subsequent 1 The Criminal and Election Laws Amemdment Act, The code of Criminal Procedure Amendment Act, The Obscene Publication Act, 1925, 4 The Indian Penal code amendment Act, 1898.

26 246 conviction,5 years imp. or fine of Rs.5000/ Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees 5 years or, fine or, both Mischief by injury to works of irrigation or by wrongfully diverting water 5 years or, fine or, both Mischief by injury to public road, bridge, river or channel 5 years and fine or both Mischief by causing inundation or obstruction to public drainage attending with damage 5 years, or fine, or both Mischief committed after preparation made for causing death or hurt 5 years and fine Adultery. 5 years and fine or Both False statements, rumors etc. circulated with intention to cause making or offence against the public peace, If made in place of worship Imprisonment for 5 years and fine. Table No: 6 Showing the offences punishable with 5 years imprisonment and fine or both 7. There is only one offence in Chapter XVI of the Code that is Sec.335 which is punishable with imprisonment of 4 years or fine of Rs.2000/-. Or both. 8. In this category there are 34 offences punishable with 3 years imprisonment and fine or both and 3 years imprisonment or fine or both.there is no either maximum or minimum limit to the fine, but in one case i.e,, for Sec. 129 simple imprisonment is provided.in this category there are three options to the conviction court for some offences both and to some other offences any one either fine or imprisonment. S.No. Section Offence Punishment Abetting commission of offence by the public or by more than ten persons 3 Years or fine or both Public servant negligently suffering such prisoner to escape Simple imp. of 3 Years and Fine Rioting, armed with deadly weapon 3 years or, fine or both Assaulting or obstructing public servant when suppressing riot etc 3 years, or fine, or both Public servant framing an incorrect 3 years, or fine, or

27 247 document with intent to cause injury Fraudulently or dishonestly diminishing weight or altering composition of Indian coin (A) Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. both 3 years, or fine, or both 3 years or fine or both (simple 2 years and fine or both 3 Years and fine Making or selling instrument for counterfeiting coin Import or export of counterfeit coin 3 years and fine Possession of counterfeit coin by person 3 years and fine who knew it to be counterfeit when he became possessed thereof Fraudulently or dishonestly diminishing 3years and fine weight or altering composition of coin Altering appearance of coin with intent that 3 years and fine it shall pass as coin of different description Effacing writing from substance bearing Government stamp, or removing from 3 years, or fine Or both. document a stamp used for it, with intent to cause loss to Government Erasure of mark denoting that stamp has been used 3 years, or fine or both Voluntarily causing hurt by dangerous weapons or means 3 years, or fine or both Voluntarily causing hurt to deter public servant from his duty 3 years, or fine or both Wrongful confinement for ten or more days 3 years and fine Wrongful confinement to extort property, or 3 years and fine constrain to illegal act Wrongful confinement to extort confession, 3 years and fine or compel restoration of property Punishment for extortion 3 years or fine or both Dishonest misappropriation of property 3 years and fine possessed by deceased person at the time of his death Assisting in concealment of stolen property 3 years, or fine or both Cheating with knowledge that wrongful loss may ensure to person whose interest 3 years or fine or both offender is bound to protect Punishment for cheating by personation 3 years orfine or both Punishment for lurking house-trespass or 3 years and fine house-breaking by night Punishment for same offence when 3 years and fine

28 248 committed by person entrusted with or both custody Forgery for purpose of harming reputation. 3 years and fine Counterfeiting a mark used by a public 3 years and fine servant Making or possession of any instrument for counterfeiting a property mark 3 years or fine or both Making a false mark upon any receptacle containing goods 3 years or fine or both Making use of any such false mark. 3 years or fine or both A Husband or relative of husband of a wife 3 years and fine subjecting her to cruelty Statements conducting to public mischief. 3 years or fine or both. Table NO: 7 Showing the offences punishable with 3 years mp. or fine or both 9. In this category there are 46 offences punishable with 2 years imprisonment and fine or both and 2 years imprisonment or fine or both.there is maximum limit to the fine for 7 offences as Rs.1000/-, for eight offences simple imprisonment is provided.in this category there are three options to the conviction court like for some offences both and to some other offences any one either fine or imprisonment.in one case along with these punishments there is confiscation of the property also provided. In this category maximum fine amount is fixed to some of the offences asrs.1000/- and all sections did not contain any minimum limit. S.No. Section Offence Punishment Abetment of desertion of soldier, 2 years or, fine or both sailor or airman Harboring deserter 2 years or fine or both Joining unlawful assembly armed 2 years or fine or both with deadly weapon Joining or continuing in unlawful 2 years or fine or both assembly, knowing it has been commanded to disperse Rioting 2 years or fine or both Public servant unlawfully buying or bidding for property Simple imp. for 2 years and fine or both and

29 249 confiscation of property if purchased Personating a public servant 2 years or fine or both 177 Knowingly furnishing false information to public servant. If the information required respect the commission of an offence etc. 2 years Imprisonment or fine or both Giving false information respecting 2 years or fine or Both an offence committed Destruction of document. 2 years or fine or both Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 2 years or fine or both Fraudulent claim to property to prevent its seizure as forfeited or in execution Fraudulently suffering decree for sum not due Dishonestly making false claim in Court Fraudulently obtaining decree for sum not due Escape from confinement or custody negligently suffered by public servant Resistance or obstruction by a person to his lawful apprehension Resistance or obstruction to lawful apprehension of another person A Disclosure of Identity of the victim of certain offences Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit 2 years or fine or Both 2 years or fine or both 2 years or fine or both 2 years or fine or both Simple imp. for 2 years or fine or both 2 years or fine or both 2 years or fine or both( 3 Years and fine) (7 years and fine) 2 years imp. and fine. 2 years fine - 10 times the value of the coin counterfeited or both Personation of a juror or assessor 2 years or fine or both Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered 2 years or fine or 10 times of the value of the coin Using Government stamp known to 2 years or fine or both have been before used Malignant act likely to spread 2 years or fine infection of disease dangerous to life Injury or defiling place of worship 2 years or fine or both with intent to insult the religion of any class A Causing death by negligence 2 years or fine or both

30 Concealment of birth by secret 2 years or fine or both disposal of dead body Causing grievous hurt by act endangering life or personal safety 2 years or fine ofrs.1000/- or both of others Wrongful confinement for three or more days 2 years or fine of Rs.1000/- or both Assault or criminal force to deter public servant from discharge of his 2 years or fine ofrs.1000/- or both duty Assault or criminal force to woman with intend to outrage her modesty 2 years or fine of Rs.1000/- or both Putting person in fear of injury in order to commit extortion 2 years or fine ofrs.1000/- or both Dishonest misappropriation of property 2 years or fine Rs.1000/- or both Dishonestly or fraudulently preventing debt being available for 2 years or fine Rs.1000/- or both creditors Dishonest of fraudulent execution of 2 years or fine or both deed of transfer containing false statement of consideration Dishonest or fraudulent removal or 2 years or fine or both concealment of property Mischief causing damage to the 2 years or fine or both amount of fifty rupees Mischief by killing or maiming 2 years or or both animal of the value of ten rupees House-trespass in order to commit 2 years and fine offence punishable with imprisonment Dishonestly breaking open 2 years or fine or both receptacle containing property Punishment for forgery. 2 years or fine or both Counterfeiting a property mark used 2 years or fine or both for another Enticing or taking away or detaining 2 years or fine or both with criminal intent a married woman Punishment for defamation. 2 years simple imp. or fine or both Sale of printed or engraved substance containing defamatory 2 years Simple imp. or fine or both matter Intentional insult with intent to provoke breach of the peace. 2 years Simple imp.or fine or both Punishment for criminal intimidation,2 years Simple imp or fine or both

31 251 Table No:8 Showing the offences punishable with 2 years and fine and with both or any one. 10. In this category there are 25 offences punishable with one years imprisonment and fine or both and one years imprisonment or fine or both.there is no minimum limit to the fine and the maximum is fixed as Rs.1000/- but in 3 cases simple imprisonment is provided.in this category there are three options to the conviction court for some offences both and to some other offences any one either fine or imprisonment. S.No. Section Offence Imprisonment Wantonly giving provocation with 1 year or fine or both intent to cause riot if rioting be committed if not committed Public servant disobeying law, with intent to cause injury to any person Simple 1 year or fine or both Public servant unlawfully engaging to trade Simple 1 year or fine or both 4 171(B) Bribery 1 year or fine or both 5 171(F) Punishment for undue influence or 1 year or fine or both personation at an election Threat of injury to induce person to 1 year or fine or both refrain from applying for protection to public servant (A) Failure by person released on bail or 1 year or fine or both bond to appear in Court Fraudulent use of false weight or 1 year or fine or both measure Being in possession of false weight or 1 year or fine or both measure Making or selling false weight or 1 year or fine or both measure Disturbing religious assembly 1 year or fine or both Trespassing on burial places, etc. 1 year or fine or both Uttering words, etc., with deliberate 1 year or fine or both intent to wound the religious feelings of any person Attempt to commit suicide 1 year or fine or both Punishment for voluntarily causing hurt 1 year or fine and 100/- or both Punishment for wrongful confinement 1 year or fine or both Assault or criminal force in attempt wrongfully to confine a person 1 year or fine 1000/- or both

32 Punishment for cheating 1 year or fine or both Mischief by destroying or moving etc., 1year or fine or both a land-mark fixed by public authority Enticing or taking away or detaining with criminal intent a married woman 1 year or fine 1000/- or both Punishment for using a false property 1 year or fine or both mark Selling good marked with a counterfeit 1 year or fine or both property mark Tempering with property mark with 1 year or fine or both. intent to cause injury Act caused by inducing person to 1 year or fine or both believe that he will be Word, gesture or act intended to insult the modesty of a woman. Simple imprisonment 1 year of fine or both. Table NO :9 Showing the offences punishable with one year imp. or fine or both. 11. In this category there are 22 offences punishable with 6 months imprisonment and fine or both, six months imprisonment or fine or both and six months imprisonment or fine of Rs.1000/- or both.there is no minimum limit to the fine. In this category there are three options to the conviction court for some offences both and to some other offences any one either fine or imprisonment. S.No. Section Offence Punishment Abetment of act of insubordination by soldier, sailor or airman 6 months or fine or with both Being a member of unlawful assembly 6 months or fine or with both Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse 6 months or fine or with both Refusing oath or affirmation when duly required by public servant to make it Refusing to answer public sen/ant authorized to question False information, with intent to cause public servant to use his lawful power to the injury of another person Resistance to the taking of property by the lawful authority of a public servant. Simple imp. 6 months or Rs.1000 fine or both Simple imp. 6 months or Rs.1000 fine or both 6 months Imp. or Rs.100 fine or both 6 months imp. or Rs.1000 fine or both Negligent act likely to spread infection imp. 6 months or

33 253 of disease dangerous Rs fine or both Disobedience to quarantine rule imp. 6 months or fine or both Adulteration of food or drink intended for sale imp. 6 months or Rs fine or both Sale of noxious food or drink imp. 6 months or Rs fine or both Sale of adulterated drugs imp. 6 months or Rs fine or both Rash driving or riding on a public way imp. 6 months or Rs.1000 fine or both Conveying person by water for hire in unsafe or overloaded imp. 6 months or Rs.1000 fine or both Negligent conduct with respect to poisonous substance imp. 6 months or Rs.1000 fine or both Negligent conduct with respect to fire or combustible matter imp. 6 months or Rs.1000 fine or both Negligent conduct with respect of explosive substance imp. 6 months or Rs.1000 fine or both Negligent conduct with respect to machinery imp. 6 months or Rs.1000 fine or both Negligent conduct with respect to pulling down or repairing buildings imp. 6 months or Rs.1000 fine or both Negligent conduct with respect to animal imp. 6 months or Rs.1000 fine or both Continuance of nuisance after injunction to discontinue 6 months imp. or fine or both A Keeping lottery office 6 months imp. or fine or both Table No:10 Showing the offences punishable with one year imp.or fine or both. 12. In this category there are 9 offences punishable with 3 months imprisonment and fine or both, 3 months imprisonment or fine or both and 3 months imprisonment or fine of Rs,500/- or both.two offences defined under Sec.171,Sec. 491 provided with thee months imp.or fine of Rs.200/-or both. There is no minimum limit to the fine, but there is maximum to fine and imprisonment.in this category there are two options to the conviction court. S.No. Section Offence Punishment Wearing garb or carrying token used by soldier, sailor or airman 3 months or fine Rs.500 or both Wearing garb or carrying token used by public servant with fraudulent intent 3 months or Rs.200 or both Refusing to sign statement 3 months or fine