Section 1068

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---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 1*CHAPTER XX-OFFENCES RELATING TO MARRIAGE. 493 A man by deceit causing a woman Imprisonment for 10 years not lawfully married to him to and fine. believe that she is lawfully married to him and to cohabit with him in that belief. 494 Marrying again during the life- Imprisonment for 7 years time of a husband or wife. and fine. 495 Same offence with concealment of Imprisonment for 10 years the former marriage from the and fine. Person with whom subsequent marriage is contracted. 496 A person with fraudulent inten- Imprisonment for 7 years tion going through the ceremony and fine. of being married, knowing that he is not thereby lawfully married. 497 Adultery Imprisonment for 5 years, or fine, or both. 498 Enticing or taking away or detain- Imprisonment for 2 years, ing with a criminal intent a or fine, or both. married woman. 498A Punishment for Imprisonment for Cognizable if information subjecting a three years and relating to the commiss- married woman fine. ion of the offence is to cruelty. given to an officer in charge of a police stat- ion by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belon- ging to such class or category as may be noti- fied by the State Government in this behalf ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Non-bailable Magistrate of the first class. Ditto Bailable Ditto. Ditto Ditto Ditto Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Any Magistrate. Ditto Non-bailable Magistrate of the first class. ---------------------------------------------------------------------- 1 Ins. by Act 46 of 1983, s.6. ---------------------------------------------------------------------- 1069 CHAPTER XXI-DEFAMATION 500 Defamation against the President Simple Imprisonment for 2 or the Vice-President or the years, or fine, or both. Governor of a State or Administ- rator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Defamation in any other case Ditto 501 (a) Printing or engraving matter Ditto knowing it to be defamatory against the President of the Vice- President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a com- plaint made by the Public Prosecutor. (b) Printing or engraving matter Ditto knowing it to be defamatory, in any other case. 502 (a) Sale of printed or engraved Ditto substance containing defama- tory matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union terri- tory or a Minister in respect of his conduct in the discharge of his public functions when insti- tuted upon a complaint made by the Public Prosecutor. Non-cognizable Bailable Court of Session. Ditto Ditto Magistrate of the first class. Ditto Ditto Court of Session. Ditto Ditto Magistrate of the first class. Ditto Ditto Court of Session. ---------------------------------------------------------------------- 1070 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- (b) Sale of printed or engraved Simple imprisonment for 2 substance containing defamatory years, or fine, or both. matter, knowing it to contain such matter in any other case. CHAPTER XXII-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 504 Insult intended to provoke breach Imprisonment for 2 years, of the peace. or fine, or both. 505 False statement. rumour, etc., Imprisonment for 3 years, circulated witH intent to cause or fine, or both. mutiny or offence against the public peace. False statement,rumour, etc.,with Ditto intent to create enmity, hatred or ill-will between different classes. False statement, rumour, etc., Imprisonment for 5 years made in place of worship etc., and fine. with intent to create enmity, hatred or ill-will. ---------------------------------------------------------------------- Cognizable or bailable or By what non-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Bialable Magistrate of the first class. Non-cognizable Bailable Any Magistrate. Ditto Non-bailable Ditto. Cognizable Ditto Ditto. Ditto Ditto Ditto. 1071 506 Criminal intimidation Imprisonment for 2 years, or fine, or both. If threat be to cause death or Imprisonment for 7 years, grievous hurt, etc. or fine, or both. 507 Criminal intimidation by anony- Imprisonment for 2 years, mous communication or having in addition to the punishment taken precaution to conceal under above section. whence the threat comes. 508 Act caused by inducing a person Imprisonment for 1 year, to believe that he will be or fine, or both. rendered an object of Divine displeasure. 509 Uttering any word or making any Simple imprisonment for 1 gesture intended to insult the year, or fine, or both. modesty of a woman, etc. 510 Appearing in a public place, etc., Simple imprisonment for in a state of intoxication, and 24 hours, or fine of 10 causing annoyance to any person. rupees, or both. person. CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES. 511 Attempting to commit offences Imprisonment for life or punishable with imprisonment imprisonment not exceed- for life or imprisonment, and in ing half of the longest such attempt doing any act term provided for the towards the commission of the offence, or fine, or offence. both. Non-cognizable Bailable Ditto. Ditto Ditto Magistrate of the first class. Ditto Ditto Ditto. Ditto Ditto Any Magistrate. Cognizable Ditto Ditto. Non-cognizable Ditto Ditto. According as the According as the The Court by which the offence is cognizable offence attempted offence attempted is or non-cognizable. by the offender is triable. bailable or not. ---------------------------------------------------------------------- 1072 II.-CLASSIFICATION OF OFFENCE AGAINST OTHER LAWS ---------------------------------------------------------------------- Offence Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- If punishable with Cognizable Non-bailable Court of death, imprisonment Session. for life or impris- onment for more than 7 years. If punishable with Ditto Ditto Magistrate of imprisonment for 3 the first years and upwards class. but not more than 7 years. If punishable with Non-cognizable Bailable Any imprisonment for less Magistrate. than 3 years or with fine only. ---------------------------------------------------------------------- 1073 SCHE (See section 476) THE SECOND SCHEDULE (See section 476) FORM No. 1 SUMMONS TO AN ACCUSED PERSON (See section 61) To (name of accused) of (address). WHEREAS your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of, on the day of. Herein fail not. Dated, this day of, 19. (Seal of the Court) (Signature) FORM No. 2 WARRANT OF ARREST (See section 70) To (name and designation of the person or persons who is or are to execute the warrant). WHEREAS (name of accused) of (address) stands charged with the offence of (state the offence), you are hereby directed to arrest the said , and to produce him before me. Herein fail not. Dated, this day of, 19. (Sea of the Court) (Signature) (See section 71) This warrant may be endorsed as follows:- If the said shall give bail himself in the sum of rupees with one surety in the sum of rupees (or two sureties each in the sum of rupees) to attend before me on the day of and to continue so to attend until otherwise directed by me, he may be released. Dated, this day of, 19. (Seal of the Court) (Signature) 1074 (The Second Schedule.) FORM No. 3 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 81) I, (name), of being brought before the District Magistrate of (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the court of on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court ; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees . Dated, this day of , 19. (Signature) I do hereby declare myself surety for the above-named of , that he shall attend before in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees . Dated, this day of , 19. (Signature) FORM No. 4 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 82) WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas It has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) ; Proclamation is hereby made that the said of is required to appear at (place) before this Court (or before me) to answer the said complaint on the day of . Dated, this day of, 19. (Seal of the Court) (Signaturey) 1075 (The Second Schedule) FORM No. 5 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 82, 87 and 90) WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of the witness before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ; Proclamation is hereby made that the said (name) is required to appear at (place) before the Court of on the day of next at o'clock, to be examined touching the offence complained of. Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 6 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 83) To the Officer in charge of the police station at WHEREAS a warrant has been duly issued to compel the attendance of(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ; and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the District of and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19. (Seal of the Court) (Signature) 1076 (The Second Schedule.) FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 83) To (name and designation of the person or persons who is or are to execute the warrant). WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within day; and whereas the said is possessed of the following property, other than land paying revenue to Government, in the Village (or town), of , in the District of , viz., and an order has been made for the attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19. (Seal of the Court) (Signature) *Strike out the one which is not applicable, depending on the nature of the property to be attached. FORM No. 8 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 83) To the District Magistrate/Collector of the District of WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the 1077 (The Second Schedule) offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said (name) to appear to answer the said charge within days ; and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of; You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this day of , 19. (Seal of the Court) (Signature) *Strike out the one which is not desired. FORM No. 9 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 87) To (name and designation of the police officer or other person or persons who is or are to execute the warrant). WHEREAS complaint has been made before me that (name and des- cription of accused) of (address) has (or is suspected to have) committed the -offence of (mention the offence concisely), and it appears likely that ,(name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said (name of witness), and on the day of to bring him before this Court, to be examined touching the offence complained of. Dated, this day of , 19. (Seal of the Court) (Signature) 1078 (The Second Schedule) FORM No. 10 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 93) To (name and designation of the police officer or other person or persons who is or are to execute the warrant). WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence) ; This is to authorise and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 11 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 94) To (name and designation of a police officer above the rank of a constable). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or it for either of the other purposes expressed in the section, state the purpose in the words of the section); This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and 1079 (The Second Schedule) materials which you may reasonably believe to be kept for the manu- facture of forged documents, or counterfeit stamps, or false seals or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 12 BOND TO KEEP THE PLACE (See sections 106 and 107) WHEREAS I, (name), Inhabitant of (place), have been called upon to enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees Dated, this day of , 19. (Signature) FORM No. 13 BOND FOR GOOD BEHAVIOUR (See sections 108, 109 and 110) WHEAREAS I, (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of (state the period) or until the completion of the inquiry in the matter of now pending in the Court of I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and,, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees Dated, this day of , 19. (Signature) 1080 (The Second Schedule) (Where a bond with sureties is to be executed, add . We do hereby declare ourselves sureties for the above-named that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees Dated, this day of , 19. (Signature) FORM No. 14 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 113) To of WHEREAS it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one)], that you will keep the peace for the term of . Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 15 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 122) To the Officer in charge of the Jail at WHEREAS (name and address) appeared before me in person (or by his authorised agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a 1081 (The Second Schedule.) bond for rupees with one surety (or a bond with two sureties each in rupees ), that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order; This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 122) To the Officer in charge of the Jail at WHEREAS it has been made to appear to me that (name and description) has been concealing his presence within the district, of and that there is reason to believe that he is doing so with a view to committing a cognizable offence ; or WHEREAS evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be) ; And whereas an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees and the said surety (or each of the said sureties) for rupees , and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished ; This is to authorise and require you to receive the said (name) into your custody, together with this warrant and him safely to keep in the 1082 (The Second Schedule) Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19. (Seal of the Court) (Signature) FORM No. 17 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 122 and 123) (or other officer in whose To the Officer in charge of the Jail at custody the person is). WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19; and has since duly given under section of the Code of Criminal Procedure,