The right of private defence of
property extends, under the restrictions mentioned in section 99, to the
voluntary causing of death or of any other harm to the wrong-doer, if the
offence, the committing of which, or the attempting to commit which, occasions
the exercise of the right, be an offence of any of the descriptions hereinafter
enumerated, namely. First.--Robbery; Secondly.-- House-breaking by night; Thirdly.--Mischief by fire committed on
any building, lent or vessel, which building, tent or vessel is used as a human
dwelling, or as a place for the custody of property; Fourthly.-- Theft, mischief, or
house-trespass, under such circumstances as may reasonably cause apprehension
that death or grievous hurt will be the consequence, if such right of private
defence is not exercised. [STATE AMENDMENTS UTTAR PRADESH [1][In section 103 ,
after clause fourthly, add the following clause, namely. "Fifthly.-Mischief by fire or
any explosive substance committed on. (a) Any property used or
intended to be used for the purpose of Government, or any local authority or
other corporation owned or controlled by the Government, or (b) any railway as
defined in clause ( 4 ) of section 3 of the Indian Railways Act, 1890
or railways stores as defined in the Railways Stores (Unlawful Possession) Act,
1955 , or (c) any transport vehicle
as defined in [2]clause ( 33 )
of section 2 of the Motor Vehicles Act, 1939 ." Whoever adulterates any article of food
or drink, so as to make such article noxious as food or drink, intending to
sell such article as food or drink, or knowing it to be likely that the same
will be sold as food or drink, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both. [STATE AMENDMENTS [3][Uttar Pradesh. In sections 272 for the words
"shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both the following shall be substituted, namely. "shall be punished with
imprisonment for life and shall also be liable to fine: Provided that the court may, for
adequate reason to be mentioned in the judgment, impose a sentence of
imprisonment which is less than imprisonment for life."] [4][In Section 272 The words "shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both", the
following shall be substituted, namely: -- "shall be punished with
imprisonment for life and shall also be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment which is less than imprisonment for life;"] Whoever sells, or offers or exposes for
sale, as food or drink, any article which has been rendered or has become
noxious, or is in a state unfit for food or drink, knowing or having reason to
believe that the same is noxious as food or drink, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both. [STATE AMENDMENTS In section 273, State Amendments are
the same as under section 272.] [Uttar Pradesh [5][In Section 273 The words "shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both", the
following shall be substituted, namely: -- "shall be punished with
imprisonment for life and shall also be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment which is less than imprisonment for life;"] Whoever adulterates any drug or medical
preparation in such a manner as to lessen the efficacy or change the operation
of such drug or medical preparation, or to make it noxious, intending that it
shall be sold or used for, or knowing it to be likely that it will be sold or
used for, any medical purpose, as if it had not undergone such adulteration,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both. [STATE AMENDMENTS In section 274, State Amendments are
the same as under section 272.] [Uttar Pradesh [6][In Section 274 The words "shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both", the
following shall be substituted, namely: -- "shall be punished with
imprisonment for life and shall also be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment which is less than imprisonment for life;"] Whoever, knowing any drug or medical
preparation to have been adulterated in such a manner as to lessen its
efficacy, to change its operation, or to render it noxious, sells me same, or
offers or exposes it for sale, or issues it from any dispensary for medicinal
purposes as unadulterated, or causes it to be used for medicinal purposes by
any person not knowing of the adulteration, shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both. [STATE AMENDMENTS In section 275, State Amendments are
the same as under section 272.] [Uttar Pradesh [7][In Section 275 The words "shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both", the
following shall be substituted, namely: -- "shall be punished with
imprisonment for life and shall be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment impose a sentence
of imprisonment which is less than imprisonment for life.] Whoever knowingly sells, or offers or
exposes for sale, or issues from a dispensary for medicinal purposes, any drug
or medical preparation, as a different drug or medical preparation, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both. [STATE AMENDMENTS In section 276, State Amendments are
the same as under section 272.] [Uttar Pradesh [8][In Section 276 The words "shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both", the
following shall be substituted, namely: -- "shall be punished with
imprisonment for life and shall also be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment which is less than imprisonment for life."] [9][294A. Keeping
lottery office Whoever keeps any office or place for
the purpose of drawing any lottery [10][not being [11][a State lottery] or
a lottery authorised by the [12][State] Government],
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both. And whoever publishes any proposal to
pay any sum, or to deliver any goods, or to do or forbear doing anything for
the benefit of any person, on any event or contingency relative or applicable
to the drawing of any ticket, lot, number or figure in any such lottery, shall
be punished with fine which may extend to one thousand rupees.] STATE AMENDMENTS [13]State of Uttar Pradesh.- In Uttar
Pradesh, section 294-A Omitted. Whoever kidnaps any person from [14][India] or from
lawful guardianship, 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 AMENDMENTS [15][Uttar Pradesh] In Uttar Pradesh the offence
under Section 363, I.P.C. is non-bailable. Whoever enters into or upon property in
the possession of another with intent to commit an offence or to intimidate,
insult or annoy any person in possession of such property, or having lawfully entered into or upon
such property, unlawfully remains there with intent thereby to intimidate,
insult or annoy any such person, or with intent to commit an offence, is
said to commit "criminal trespass". [STATE AMENDMENTS [16][Uttar Pradesh.- For section 441, substitute the
following. "441. Criminal Trespass.-
Whoever enters into or upon property in possession of another with intent to
commit an offence or to intimidate, insult or annoy any person in possession of
such property, or having lawfully entered into or upon such property,
unlawfully remains there with intent thereby to intimidate, insult or annoy any
such person, or with intent to commit an offence, or, having entered into or upon such
property, whether before or after the coming into force of the Criminal Law
(U.P. Amendment) Act, 1961, with the intention of taking unauthorised
possession or making unauthorised use of such property fails to withdraw from
such property or its possession or use, when called upon to do so by that
another person by notice in writing, duly served upon him, by the date
specified in the notice, is said to commit "criminal
trespass". Whoever commits lurking house-trespass
by night, or house-breaking by night, in order to the committing of any offence
punishable with imprisonment, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable
to fine; and, if the offence intended 10 be committed is theft, the term of the
imprisonment may be extended to fourteen years. [STATE AMENDMENTS [17][ State
of Uttar Pradesh Amendment of section 457 - section 457
of the principal Act shall be renumbered as sub?section (I) of that section and
after sub section (1) as so renumbered, the following sub-section shall be
added namely. ?(2) Whoever commits
lurking house trespass by night or house breaking by night in any building used
as a place of worship in order to the committing of the offence of theft of any
idol or icon from such buildings shall notwithstanding any thing contained in
sub-section (1) be punished with rigorous imprisonment which shall not be less
than three years but which may extend to fourteen years and with fine which
shall not be less than five thousand rupees: Provided that the court
may, for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than three
years. Whoever commits, the offence of
criminal intimidation shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous
hurt, etc.-- and if the threat be to cause death or grievous hurt, or to cause
the destruction of any property by fire, or to cause an offence punishable with
death or [18][imprisonment for
life], or with imprisonment for a term which may extend to seven years, or to
impute, unchastity to a woman, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with line, or with
both. [STATE AMENDMENTS [19][Uttar Pradesh: Imprisonment of 7 years, or fine or
both--Cognizable--Non-bailable--Triable by Magistrate of the first class--N
on-compoundable. [1] Vide Uttar Pradesh Act 29 of 1970,
section 2 (w.e.f. 17-7-1970). [2] See clause (47) of section
2 of the Motor Vehicles Act, 1988. [3] Vide: Uttar Pradesh Act No. 47 of
1975, section 3 (w.e.f. 15-9-1975). [4] Substituted by Prevention of
Adulteration of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act, 1974. [5] Substituted by Prevention of
Adulteration of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act, 1974. [6] Substituted by Prevention of
Adulteration of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act, 1974. [7] Substituted by Prevention of
Adulteration of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act, 1974. [8] Substituted by Prevention of
Adulteration of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act, 1974. [9]
Inserted by Act 27 of 1870, section 10. [10]
Substituted by the A.O. 1937, for "not authorised by Government". [11]
Substituted by Act 3 of 1951, Section 3 and Schedule, for "a lottery
organized by the Central Government or the Government of a Part A State or a
Part B State". [12]
Substituted by the A.O. 1950, for "Provincial". [13]
[Vide U.P. Act 24 of 1995, section II]. [14] The words "British India"
have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act
3 of 1951, Section 3 and Schedule to read as above. [15] Vide Utter Pradesh Act 1 of 1984,
section 12 (w.e.f. 1-5-1984). [16] Vide Uttar Pradesh Act No. 31 of 1961,
section 2. (w.e.f. 13-11-1961). [17] Vide U.P. Act 24 of 1995, section
11. [18] Substituted by Act 26 of
1955, Section 117 and Schedule, for "transportation for
life" (w.e.f. 01.01.1956). [19] Vide Notification No. 777/VI1I
9-4(2)--87, dated 31.07.1989, Published in U.P. Gazette, Extra., Pt. A, section
(kha), dated 02.08.1989.INDIAN PENAL CODE, 1860 (UTTAR PRADESH AMENDMENT)