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Thread: Indian Penal Code, 1860

  1. #521
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    Default Section 492 of Indian Penal Code (IPC) 1860 - Breach of contract to serve at distant place to which servant is conveyed at master's expense

    Section 492. Breach of contract to serve at distant place to which servant is conveyed at master's expense


    [Rep. by the workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

  2. #522
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    Default Section 493 of Indian Penal Code (IPC) 1860 - Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

    Section 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage


    Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have ***ual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

  3. #523
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    Default Section 494 of Indian Penal Code (IPC) 1860 - Marrying again during lifetime of husband or wife

    Section 494. Marrying again during lifetime of husband or wife


    Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

    Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction,

    nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

  4. #524
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    Default Section 495 of Indian Penal Code (IPC) 1860 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

    Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted


    Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


    STATE AMENDMENT



    State of Andhra Pradesh Amendment



    Punishment-Imprisonment for 10 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable.

    [Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992].

  5. #525
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    Default Section 496 of Indian Penal Code (IPC) 1980 - Marriage ceremony fraudulently gone through without lawful marriage

    Section 496. Marriage ceremony fraudulently gone through without lawful marriage


    Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


    STATE AMENDMENT



    State of Andhra Pradesh Amendment



    Punishment-imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable.

    [Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992)].

  6. #526
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    Default Section 497 of Indian Penal Code (IPC) 1860 - Adultery

    Section 497. Adultery


    Whoever has ***ual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such ***ual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.






    STATE AMENDMENT



    State of Andhara Pradesh Amendment



    Punishment-Imprisonment for 5 years, or fine, or both-Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

    [Vide A.P. Act 3 of 1992 Section 2 (w.e.f. 15-2-1992)].

  7. #527
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    Default Section 498 of Indian Penal Code (IPC) 1860 - Enticing or taking away or detaining with criminal intent a married woman

    Section 498. Enticing or taking away or detaining with criminal intent a married woman


    Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, form that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  8. #528
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    Default Section 498A of Indian Penal Code (IPC) 1860 - Husband or relative of husband of a woman subjecting her to cruelty

    Section 498A. Husband or relative of husband of a woman subjecting her to cruelty


    1[CHAPTER XXA
    OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND


    1. Ins. by Act 46 of 1983, sec. 2.

    498A. Husband or relative of husband of a woman subjecting her to cruelty.


    Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

    Explanation-For the purpose of this section, "cruelty" means-


    (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

    (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

  9. #529
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    Default Section 499 of Indian Penal Code (IPC) 1860 - Defamation

    Section 499. Defamation


    Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.

    Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

    Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

    Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.

    Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.


    Illustrations



    (a) A says-"Z is an honest man; he never stole B's watch" ; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.

    (b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's Watch. This is defamation unless it fall within one of the exceptions.

    (c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

    First Exception-Imputation of truth which public good requires to be made or published: --It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

    Second Exception-Public conduct of Public servants: -- It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

    Third Exception-Conduct of any person touching any public question: -- It is not defamation to express in good faith any opinion whatever respecting to conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.


    Illustration



    It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

    Fourth Exception-Publication of reports of proceedings of Courts: -- It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

    Explanation-A justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

    Fifth Exception-Merits of case decided in Court or conduct of witnesses and others concerned: --It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.


    Illustrations



    (a) A says-"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this in good faith, inasmuch as the opinion which he express respects Z's character as it appears in Z's conduct as a witness, and no further.

    (b) But if A says-"I do not believe what Z asserted at that trial because I know him to be a man without veracity" ; A is not within this exception, inasmuch as the opinion which he express of Z's character, is an opinion not founded on Z's conduct as a witness.

    Sixth Exception-Merits of public performance: --It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

    Explanation-A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.


    Illustrations



    (a) A person who publishes a book, submits that book to the judgment of the public.

    (b) A person who makes a speech in public, submits that speech to the judgment of the public.

    (c) An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.

    (d) A says of a book published by Z-"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind". A is within the exception, if he says this in good faith, in as much as the opinion which he express of Z respects Z's character only so far as it appears in Z's book, and no further.

    (e) But if A says-"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine". A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

    Seventh Exception-Censure passed in good faith by person having lawful authority over another:- It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.


    Illustration



    A judge censuring in good faith the conduct of a witness, or of an officer to the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within the exception.

    Eight Exception-Accusation preferred in good faith to authorized person. -- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.


    Illustration



    If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master ; if a in good faith complains of the conduct of Z, and child, to Z's father-A is within this exception.

    Ninth Exception-Imputation made in good faith by person for protection of his or other's interests: - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.


    Illustrations



    (a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty". A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

    (b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.

    Tenth Exception-Caution intended for good of person to whom conveyed or for public good: --It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

  10. #530
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    Default Section 500 of Indian Penal Code (IPC) 1860 - Punishment for defamation

    Section 500. Punishment for defamation


    Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

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