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SCHE CLASSIFICATION OF OFFENCES THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTE.(1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian penal Code, but merely as indication of the substance of the section. (2)In this Schedule, (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not Executive Magistrates; (ii) the word "cognizable" stands for a "a police officer may arrest without warrant"; and (iii) the word "non- cogninzable" stands for "a police officer shall not arrest without warrant". I.--OFFENCES UNDER THE INDIAN PENAL CODE ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- CHAPTER V--ABETMENT 109 Abetment of any offence, if the act Same as for offence abetted abetted is committed in consequence, and where no express provision is made for it is punishment. 110 Abetment of any offence, if the person Ditto abetted does the act with a different intention from that of the abettor. 111 Abetment of any offence, when Same as for offence one act is abetted and a different intended to be abetted. act is done; subject to the proviso. 113 Abetment of any offence, when an Same as for offence effect is caused by the act abetted committed different from that intended by the abettor. ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- According as offence According as offence Court by which abetted is cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable. Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto ---------------------------------------------------------------------- 1022 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 114 Abetment of any offence, if Same as for offence committed abettor is present when offence is committed. 115 Abetment of an offence, punishable Imprisonment for 7 years and with death or imprisonment for fine. life, if the offence be not committed in consequence of the abetment. If an act which causes harm be Imprisonment for 14 years and done in consequence of the fine. abetment. 116 Abetment of an offence, punishable Imprisonment extending to a with imprisonment, if the offence quarter part of the longest be not committed in consequence term provided for the offence of the abetment. or fire, or both. If the abettor or the person abetted Imprisonment extending to half be a public servant whose duty of the longest term provided it is to prevent the offence. for the offence, or fine, or or both. 117 Abetting the commission of an Imprisonment for 3 years, or offence by the public or by more fine, or both. than ten persons. 118 Concealing a design to commit an Imprisonment for 7 years and offence punishable with death fine. or imprisonment for life, if the offence be committed. If the offence be not committed Imprisonment for 3 years and fine. ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- According as offence abetted According as offence Court by which is cognizable or non-cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable. ---------------------------------------------------------------------- Ditto NOn-bailable Ditto. Ditto Ditto Ditto. Ditto According as offence Ditto. abetted is bailable or non-bailable. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Non-bailable Ditto. Ditto Bailable Ditto. ---------------------------------------------------------------------- 1023 119 A public servant concealing a Imprisonment extending to half design to commit an offence of the longest term provided which it is his duty to prevent, for the offence, or fine, or if the offence be committed. both. If the offence be punishable with Imprisonment for 10 years death or imprisonment for life. if the offence be not committed Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. 120 Concealing a design to commit an Ditto offence punishable with impri- sonment, if offence be com- mitted. If the offence be not committed Imprisonment extending to one- eighth part of the longest term provided for the offence fine, or both. Ditto According as offence abetted Ditto. is bailable or non-bailable Ditto non-bailable Ditto. Ditto Bailable Ditto. Ditto According as offence abetted Ditto. is bailable or non-bailable. Ditto Bailable Ditto. CHAPTER VA-CRIMINAL CONSPIRACY 120B Criminal conspiracy Same as for abetment According as the to commit an offence offence which is the offence which is punishable with death, object of the consp- the object of imprisonment for life iracy. conspiracy is co- or rigorous imprison- gnizable or non- ment for a term of two cognizable. years or upwards. Any other criminal consp- Imprisonment for 6 Non-cognizable iracy. months, or fine, or both. According as offence which is object Court by which abetment of conspiracy is bailable or non-bail- of the offence which is able. the object of conspiracy is triable. Bailable Magistrate of the first Class. CHAPTER VI-OFFENCES AGAINST THE STATE 121 Waging or attempting to wage Death, or imprisonment for life war or abetting the waging of and fine. war, against the Government of India. Cognizable Non-bailable Court of Session. 1024 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 121A Conspiring to commit certain Imprisonment for life, or impr- offences against the State. sonment for 10 years and fine. 122 Collecting arms, etc., with Imprisonment for life, or impr- the intention of waging war isonment for 10 years and fine. against the Government of India. 123 Concealing with intent to Imprisonment for 10 years and facilitate a design to wage fine. war. 124 Assaulting President, Governor,Imprisonment for 7 years and etc., with intent to compel or fine. restrain the exercise of any lawful power. 124A Sedition Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine. 125 Waging war against any Asiatic Imprisonment for life and fine, power in alliance or at peace or imprisonment for 7 years with the Government of India, and fine, or fine. or abetting the waging of such war. 126 Committing depredation on the Imprisonment for 7 years and territories of any power in fine, and forfeiture of certain alliance or at peace with the property. Government of India. 127 Receiving property taken by Ditto war or depredation mentioned in sections 125 and 126. 128 Public servant voluntarily Imprisonment for life, or impr- allowing prisoner of State isonment for 10 years and fine. or war in his custody to escape. ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Cognizable Non-bailable Court of Session. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. ---------------------------------------------------------------------- 1025 129 Public servant negligently suffering Simple imprisonment for 3 prisoner of State of war in his years and fine. custody to escape. 130 Aiding escape of rescuring or har- Imprisonment for life, or bouring, such prisoner, or offering imprisonment for 10 years any resistance to the recapture of fine. such prisoner. CHAPTER VII--OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 131 Abetting mutiny, or attempting Imprisonment for life, or impr- to seduce an officer, soldier, isonment for 10 years and fine. sailor or airman from his alle- giance or duty. 132 Abetment of mutiny, if mutiny Death, or imprisonment for life, is committed in consequence or imprisonment for 10 years and thereof. fine. 133 Abetment of an assault by an Imprisonment for 3 years and officer, soldier, sailor or fine. airman on his superior officer, when in the execution of his office. 134 Abetment of such assault, if the Imprisonment for 7 years and assault is committed. fine. 135 Abetment of the desertion of an Imprisonment for 2 years, or officer, soldier, sailor or fine, or both. airman. 136 Harbouring such an officer, Ditto soldier, sailor or airman who has deserted. 137 Deserter concealed on board Fine of 500 rupees merchant vessel, through negligence of master or person in charge thereof. Ditto Bailable Magistrate of the first class. Ditto Non-bailable Court of Session. Cognizable Non-bailable Court of Session. Ditto Ditto Ditto. Ditto Ditto Magistrate of the first class. Ditto Ditto Ditto. Ditto Bailable Any Magistrate. Ditto Ditto Ditto. Non-cognizable Ditto Ditto . ---------------------------------------------------------------------- 1026 Section Offence Cognizable or non-cognizable ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 138 Abetment of act of in sub- Imprisonment for 6 months, Cognizable ordination by an officer, or fine, or both. soldier, sailor or airman, if the offence be committed in consequence. 140 Wearing the dress or car- Imprisonment for 3 months, Ditto rying any token used by a or fine of 500 rupees, or soldier, sailor or airman both. with intent that it may be believed that he is such a soldier, sailor or airman. ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Cognizable Bailable Any Magistrate. Ditto Ditto Ditto. CHAPTER VIII--OFFENCES AGAINST THE PUBLIC TRANQUILITY 143 Being member of an unlawful Imprisonment for 6 months, or assembly. fine, or both. 144 Joining an unlawful assembly Imprisonment for 2 years, or fine, armed with any deadly weapon. or both. 145 Joining or continuing in an Ditto unlawful assembly, knowing that it has been committed to disperse. 147 Rioting Ditto 148 Rioting armed with a deadly Imprisonment for 3 years, or fine, weapon. or both. 149 If an offence be committed by The same as for the offence any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. Cognizable Bailable Any Magistrate. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Magistrate of the first class. According as offence According as offence The Court by is cognizable or is bailable or non- which the offence non-cognizable. bailable. is triable. 1027 150 Hiring, engaging or employing The same as for a member of such persons to take part in an un- assembly, and for any offence lawfull assembly. committed by any member of such assembly. 151 Knowingly joining or continuing Imprisonment for 6 months, or in any assembly of five or more fine, or both. persons after it has been com- manded to disperse. 152 Assaulting or obstructing Imprisonment for 3 year, public servant when suppressing or fine, or both. riot, etc. 153 Wantonly giving provocation Imprisonment for 1 year, or fine with intent to cause riot, if or both. rioting be committed. If not committed Imprisonment for 6 months, or fine, or both. 153A Promoting enmity between Imprisonment for 3 years , or classes fine, or both. Promoting enmity between Imprisonment for 5 years and classes in place of worship, fine. etc. 153B Imputations, assertions prej- Imprisonment for 3 years, or udicial to national integration. fine, or both. If committed in a place of Imprisonment for 5 years and public worship, etc. fine. 154 Owner of occupier of land not Fine of 1,000 rupees giving information of riot, etc. 155 Person for whose benefit or on Fine whose behalf a riot takes place not using all lawful means to prevent it. Cognizable Ditto Ditto. Ditto Bailable Any Magistrate. Ditto Ditto Magistrate of the first class. Ditto Ditto Any Magistrate. Ditto Ditto Magistrate of the first class. Ditto Non-bailable Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Non-cognizable Bailable Any Magistrate . Ditto Ditto Ditto. ---------------------------------------------------------------------- 1028 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 156 Agent of owner or occupier for Fine whose benefit a riot is committed not using all lawful means to prevent it . 157 Harbouring persons hired for an Imprisonment for 6 months, or unlawful assembly. fine, or both. 158 Being hired to take part in an Ditto unlawful assembly or riot. Or to go armed Imprisonment for 2 years , or fine or both. 160 Committing affray Imprisonment for one month, or fine of 100 rupees, or both. ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Bailable Any Magistrate. Cognizable Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. CHAPTER IX--OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161 Being or excepting to be Imprisonment for 3 years, or a public servant, and taking a fine, or both. gratification other than legal remuneration in respect of an official act. 162 Taking a gratification in order, Ditto by corrupt or illegal means, to influence a public servant. 163 Taking a gratification for the Simple imprisonment for 1 year exercise of personal influence or fine, or both. with a public servant. 164 Abetment by public servant of Imprisonment for 3 years, or the offences defined in the last fine, or both. two preceding clauses with refe- rence to himself. Cognizable Non-bailable Magistrate of the first class. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. 1029 165 Public servant obtaining Ditto any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant. 165A Punishment for abetment of Ditto offences punishable under section 161 or section 165. 166 Public servant disobeying a Simple imprisonment for 1 year, or direction of the law with fine, or both. intent to cause injury to any person. 167 Public servant framing an Imprisonment for 3 years or incorrect document with Cognizable fine, or both. intent to cause injury. 168 Public servant unlawfully Simple imprisonment for 1 year, engaging in trade. or fine, or both. 169 Public servant unlawfully Simple imprisonment for 2 years, buying or bidding for or fine, or both and confiscation property. of property, if purchased. 170 Personating a public servant Imprisonment for 2 years, or fine, or both. 171 Wearing grab or carrying to- Imprisonment for 3 months, or ken used by public servant fine 200 rupees, or both. fraudulent intent. Ditto Ditto Ditto. Ditto Ditto Ditto. Non-cognizable Bailable Ditto. Cognizable Ditto Ditto. non-cognizable Ditto Ditto. Ditto Ditto Ditto. Cognizable Non-bailable Any Magistrate. Ditto Bailable Ditto. CHAPTER IXA--OFFENCES RELATING TO ELECTIONS 171E Bribery Imprisonment for 1 years, or fine, or both, or if treating only, fine only. 171F Undue influence at an Imprisonment for one year, or election fine, or both. Personation at an Imprisonment for one year, or election fine, or both. Non-cognizable Bailable Magistrate of the first class. Ditto Ditto Ditto. Cognizable Ditto Ditto. --------------------------------------------------------------------- 1030 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 171G False statement in connection with Fine an elections. 171H Illegal payments in connection Fine of 500 rupees with elections. 171I Failure to keep election accounts. Ditto ---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Bailable Magistrate of the first class. Ditto Ditto Ditto. Ditto Ditto Ditto. CHAPTER X--CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172 Absconding to avoid service of Simple imprisonment for 1 month, summons of other proceeding or fine of 500 rupees, or both. from a public servant. If summons or notice require Simple imprisonment for 6 attendance in person, etc., months, or fine or 1,000 in a Court of Justice. rupees, or both. 173 Preventing the service of the Simple imprisonment for 1 months, affixing of any summons of noti- or fine of 500 rupees, or both. ce, or the removal of it when it has been affixed, or preven- ting a proclamation. If summons, etc., require atten- Simple imprisonment for 6 months dance in person, etc., in a Court or fine of 1,000 rupees, or of Justice. both. 174 Not obeying a legal order to Simple imprisonment for 1 month attend at a certain place in or fine of 500 rupees, or both. person or by agent, or departing therefrom without authority. If the order requires personal Simple imprisonment for 6 attendance, etc., in a Court of months, or fine or 1,000 Justice. rupees, or both. Non-cognizable Bailable Any Magistrate. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. 1031 175 internationally omitting to Simple imprisonment for 1 month, produce a document to a public or fine of 500 rupees, or both. servant by a person legally bound to produce or deliver such document. If the document is required to Simple imprisonment for 6 months, be produced in or delivered to or fine of 1,000 rupees, or both. a Court of Justice. 176 Intentionally omitting to give Simple imprisonment for 1 month, notice or information to a or fine, or 500 rupees, or both. public servant by a person legally bound to give such notice or information. If the notice or information Simple imprisonment for 6 required respects the commission months, or fine if 1,000 of an offence, etc. rupees, or both. If the notice or information is Imprisonment for 6 required by an order passed under months, or fine of 1,000 sub-section (1) of section 356 rupees, or both. of this Code. 177 Knowingly furnishing false in- Ditto formation to a public servant. If the information required res- Imprisonment for 2 pects the commission of an years, or fine, offence, etc. or both. 178 Refusing oath when duly required Simple imprisonment for 6 to take oath by a public servant. months, or fine of 1,000 rupees, or both. Non-Cognizable Bailable The court in which the offence is committed, subject to the provi- sions of Chapter XXVI; or, if not committed in a Court, any Magistrate. Ditto Ditto Ditto. Ditto Ditto Any Magistrate. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto The Court in which the offence is committed, subject to the provis- ions of Chapter XXV. or if not committed in a Court, any Magistrate. ---------------------------------------------------------------------- 1032 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 179 Being legally bound to state Simple imprisonment for 6 truth and refusing to answer months, or fine of 1,000 questions. rupees, or both.