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Halsbury's Laws of India Criminal Law 1

This document discusses the definition of "force" under Indian law. It states that force refers to causing motion, change of motion, or cessation of motion to another person or object that comes into contact with their body. It provides an example where snatching account books from authorities inspecting a shop was considered use of criminal force. The document also discusses the requisite modes of using force under the Indian Penal Code.

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0% found this document useful (0 votes)

517 views105 pages

Halsbury's Laws of India Criminal Law 1

Uploaded by

Clara Selvi

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

You are on page 1/ 105

Date and Time: Wednesday 18 January 2023 11:34:00 AM IST

Job Number: 188102199

Documents (71)

1. [105.1035] Definition of “force”

Client/Matter: -None-
2. [105.1036] Generally
Client/Matter: -None-
3. [105.1037] Intention to use force is essential
Client/Matter: -None-
4. [105.1038] Use of force to persons not to inanimate objects In order to attract the provisions of the
Client/Matter: -None-
5. [105.1039] Definition of “criminal force”
Client/Matter: -None-
6. [105.1040] Instances of use of criminal force
Client/Matter: -None-
7. [105.1041] Medical examination whether amounts to criminal force
Client/Matter: -None-
8. [105.1042] Meaning of “assault”
Client/Matter: -None-
9. [105.1043] Mere use of words whether amounts to assault
Client/Matter: -None-
10. [105.1044] Assault different from rioting
Client/Matter: -None-
11. [105.1045] Medical examination without consent
Client/Matter: -None-
12. [105.1046] Preparation amounts to assault in certain cases
Client/Matter: -None-
13. [105.1047] Acts which do not amount to assault
Client/Matter: -None-
14. [105.1048] Charge must be specific
Client/Matter: -None-
15. [105.1012] In general
Client/Matter: -None-
16. [105.1049] Generally
Client/Matter: -None-
17. [105.1013] Meaning of “proceeding”
Client/Matter: -None-
18. [105.1050] Penal provision
Client/Matter: -None-
19. [105.1014] Mere words do not amount to obstruction

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Client/Matter: -None-
20. [105.1051] Acts which amount to assault or criminal force
Client/Matter: -None-
21. [105.1015] Acts amounting to wrongful restraint
Client/Matter: -None-
22. [105.1052] Voluntary provocation not mitigating factor
Client/Matter: -None-
23. [105.1016] Acts not amounting to wrongful restraint
Client/Matter: -None-
24. [105.1053] Acts done in obedience to law do not amount to provocation
Client/Matter: -None-
25. [105.1017] Existence of lawful right to obstruct
Client/Matter: -None-
26. [105.1054] Acts done in exercise of right to private defence do not amount to provocation
Client/Matter: -None-
27. [105.1018] Existence of lawful right to use
Client/Matter: -None-
28. [105.1055] Existence of grave and sudden provocation—a question of fact
Client/Matter: -None-
29. [105.1019] Generally
Client/Matter: -None-
30. [105.1056] Assault or criminal force on grave provocation
Client/Matter: -None-
31. [105.1020] Wrongful confinement
Client/Matter: -None-
32. [105.1057] Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
Client/Matter: -None-
33. [105.1021] Offence committed by public servant
Client/Matter: -None-
34. [105.1058] Assault or criminal force to deter public servants from discharge of duty
Client/Matter: -None-
35. [105.1022] Generally
Client/Matter: -None-
36. [105.1059] Assault or criminal force in attempt to commit theft of property carried by persons
Client/Matter: -None-
37. [105.1023] Causing fear of movement
Client/Matter: -None-
38. [105.1060] Assault or criminal force in attempt wrongfully to confine persons
Client/Matter: -None-
39. [105.1024] “Mens rea” not essential
Client/Matter: -None-
40. [105.1061] Meaning of “criminal intimidation”
Client/Matter: -None-
41. [105.1025] Acts which amount to wrongful confinement

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Client/Matter: -None-
42. [105.1062] Injury to reputation of dead person
Client/Matter: -None-
43. [105.1026] Acts which do not amount to wrongful confinement
Client/Matter: -None-
44. [105.1063] What constitutes “threat causing alarm”
Client/Matter: -None-
45. [105.1027] Imprisonment and fine
Client/Matter: -None-
46. [105.1064] Outbursts of accused during assault
Client/Matter: -None-
47. [105.1028] Where wrongful confinement for three or more days
Client/Matter: -None-
48. [105.1065] Nature of threatened injury
Client/Matter: -None-
49. [105.1029] Where wrongful confinement for ten or more days
Client/Matter: -None-
50. [105.1066] Application of the
Client/Matter: -None-
51. [105.1030] Wrongful confinement of person for whose liberation writ has been issued
Client/Matter: -None-
52. [105.1067] Criminal intimidation by anonymous communication
Client/Matter: -None-
53. [105.1031] Wrongful confinement in secret
Client/Matter: -None-
54. [105.1068] Criminal intimidation by belief of causing divine displeasure
Client/Matter: -None-
55. [105.1032] Wrongful confinement to extort property or constrain to illegal act
Client/Matter: -None-
56. [105.1069] Generally
Client/Matter: -None-
57. [105.1033] Wrongful confinement to extort confession or compel restoration of property
Client/Matter: -None-
58. [105.1070] Where threat be to cause death or grievous hurt
Client/Matter: -None-
59. [105.1034] Generally
Client/Matter: -None-
60. [105.1071] Generally
Client/Matter: -None-
61. [105.1072] Intention or knowledge that insult would cause breach of peace
Client/Matter: -None-
62. [105.1073] Meaning of “modesty”
Client/Matter: -None-
63. [105.1074] Words, gestures or acts intended to insult the modesty of women

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Client/Matter: -None-
64. [105.1075] Statements conducing to public mischief
Client/Matter: -None-
65. [105.1076] Misconduct in public by drunken persons
Client/Matter: -None-
66. [105.1077] Generally
Client/Matter: -None-
67. [105.1078] In place of worship
Client/Matter: -None-
68. [105.1079] Truth and good faith as defence
Client/Matter: -None-
69. [105.1080] Test for determining promoting enmity or hatred or ill-will
Client/Matter: -None-
70. [105.1081] Generally
Client/Matter: -None-
71. [105.1082] Generally
Client/Matter: -None-

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[105.1035] Definition of “force”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 8. CRIMINAL FORCE AND
ASSAULT > (1) FORCE > A. Generally

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(1) FORCE

A. Generally

[105.1035] Definition of “force”

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to
that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as
brings that substance into contact with any part of that other’s body, or with anything which that other is
wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling1.

Where law confers a power upon the authorities to inspect the account books of dealers and for that
purpose even pay surprise visits to the shops of the dealers, it follows that there is an obligation on the
dealers to allow the authorities to inspect the books of account and no permission from them, express or
tacit, for that purpose is necessary. Books so seized are in lawful possession of the authorities and the
act of snatching the books of accounts from the inspection authorities amounts to use of criminal force2.

1 Indian Penal Code 1860 section 349.

Indian Penal Code 1860 section 349 Proviso: Provided that the person causing the motion, or change of motion, or
cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter
described:
First.- By his own bodily power.
Page 2 of 2
[105.1035] Definition of “force”

Secondly.- By disposing any substance in such a manner that the motion or change or cessation of motion takes place
without any further act on his part, or on the part of any other person.

Thirdly.- By inducing any animal to move, to change its motion, or to cease to move.

A person who causes change in the position of another who advances forward, brandishing his lathi at the magistrate,
may not be said to have used force within the meaning of the Indian Penal Code 1860 section 349: Muneshwar Bux
Singh v Emperor, AIR 1939 Oudh 81 : (1939) 40 Cr LJ 221 (Oudh). See also Jai Ram v Emperor, AIR 1914 All 175 :
(1914) 15 Cr LJ 231 (All) (a person who raises his lathi to strike a particular person with the result that he had to flee to
save himself is guilty of using criminal force under the Indian Penal Code 1860 section 349).
2 Chandrika Sao v State of Bihar, AIR 1967 SC 170 [LNIND 1962 SC 316]: [1963] Supp 1 SCR 419 : (1964) 14 STC 398
: (1967) Cr LJ 261 (SC).

End of Document
[105.1036] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(1) FORCE

B. Use of Force

(i) Requisite Modes of Use of Force

[105.1036] Generally

A person causing the motion, or change of motion, or cessation of motion as mentioned in the Indian
Penal Code 18601, must cause that motion, change of motion, or cessation of motion in one of the
following three ways described, namely:
(1) by his own bodily power2;
(2) by disposing any substance in such a manner that the motion or change or cessation of motion
takes place without any further act on his part, or on the part of any other person3; or
(3) by inducing any animal to move, to change its motion, or to cease to move4.

1 Ie as mentioned in the Indian Penal Code 1860 section 349: see [105.1035].
2 Indian Penal Code 1860 section 349 proviso First.
3 Indian Penal Code 1860 section 349 proviso Secondly.
4 Indian Penal Code 1860 section 349 proviso Thirdly.
Page 2 of 2
[105.1036] Generally

End of Document
[105.1037] Intention to use force is essential
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(1) FORCE

B. Use of Force

(ii) Essential Elements

[105.1037] Intention to use force is essential

Mere use of force is not enough to bring an act within the meaning of the Indian Penal Code 18601. It
has, further, to be shown that force was used intentionally on any person without that person’s consent in
order to commit an offence or with the intention2 or with the knowledge3 that the use of force will cause
injury, fear or annoyance to the person against whom the force is used4.

1 Ie within the meaning of the Indian Penal Code 1860 section 353: see [105.1058].
2 As to the meaning of “intention” see Criminal Law-I [105.018].
3 As to the meaning of “knowledge” see Criminal Law-I [105.023].
4 Chandrika Sao v State of Bihar, AIR 1967 SC 170 [LNIND 1962 SC 316]: [1963] Supp 1 SCR 419 : (1967) Cr LJ 261
(SC).

End of Document
[105.1038] Use of force to persons not to inanimate objects In order to
attract the provisions of the
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(1) FORCE

B. Use of Force

(ii) Essential Elements

[105.1038] Use of force to persons not to inanimate objects In order to

attract the provisions of the

Indian Penal Code 1860 dealing with force1, it is intended to mean force as applied to a person not force
as applied to an inanimate object2. To constitute rioting, force or violence is necessary. The force must
be against a human being3 and not against an inanimate object. It must not be against a thing4 or
property5. Violence, however, is not confined to human beings alone and damage caused to property by
an unlawful assembly6 without any harm to any person is violence and rioting7.

1 Ie to attract the Indian Penal Code 1860 section 349: see [105.1035].
2 PK Ibrahim Kutty v State of Kerala, (1984) Ker LJ 523.
3 Gordhan Das v State, AIR 1968 Raj 241 [LNIND 1968 RAJ 56]: (1968) Cr LJ 1304 (Raj); Ramakant Rajaram v Manuel
Fernandez, AIR 1969 Goa 45 : (1969) Cr LJ 469 (Goa).
4 Kalar Din v Emperor, AIR 1940 Peshawar 51.
5 Lakshiammal v Samappa Goundar, AIR 1968 Mad 310 [LNIND 1967 MAD 171]: (1968) Cr LJ 1084 (Mad).
Page 2 of 2
[105.1038] Use of force to persons not to inanimate objects In order to attract the provisions of the

6 As to unlawful assembly see Criminal Law-I [105.457].

7 See Maiku v State, AIR 1953 All 749. As to the meaning of “rioting” see Criminal Law-I [105.488] and following.

End of Document
[105.1039] Definition of “criminal force”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(2) CRIMINAL FORCE

A. Generally

[105.1039] Definition of “criminal force”

Whoever intentionally uses force1 to any person, without that person’s consent, in order to the committing
of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of
such force he will cause injury2, fear or annoyance to the person to whom the force is used, is said to use
criminal force to that other3.

Where the use of force is without the consent of the person on whom the force is used, the use of force
will become the criminal use of force4.

1 As to the definition of “force” see [105.1035].

2 As to the meaning of “injury” see Criminal Law-I [105.197].
3 Indian Penal Code 1860 section 350.
Indian Penal Code 1860 section 350 illustration (a): Z is sitting in a moored boat on a river. A unfastens the moorings,
and thus intentionally causes the boat to drift down the stream. Here A intentionally causes the motion to Z, and he
does this by disposing substances in such a manner that the motion is produced without any other action on any
person’s part. A has, therefore, intentionally used force to Z; and if he has done so without Z’s consent, in order to the
committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or
annoyance to Z, A has used criminal force to Z.
Page 2 of 2
[105.1039] Definition of “criminal force”

Indian Penal Code 1860 section 350 illustration (b): Z is riding in a chariot. A lashes Z’s horses, and thereby causes
them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A
has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may
thereby injure, frighten or annoy Z, A has used criminal force to Z.
Indian Penal Code 1860 section 350 illustration (c): Z is riding in a palanquin. A, intending to rob Z, seizes the pole and
stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has
therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an
offence. A has used criminal force to Z.
Indian Penal Code 1860 section 350 illustration (d): A intentionally pushes against Z in the street, Here A has by his
own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force
to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten
or annoy Z, he has used criminal force to Z.
Indian Penal Code 1860 section 350 illustration (e): A throws a stone, intending or knowing it to be likely that the stone
will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and
dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of
causing any substance to come into contact with Z, or Z’s clothes. A has used force to Z; and if he did so without Z’s
consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
Indian Penal Code 1860 section 350 illustration (f): A intentionally pulls up a woman’s veil. Here A intentionally uses
force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure,
frighten or annoy her, he has used criminal force to her.
Indian Penal Code 1860 section 350 illustration (g): Z is bathing, A pours into the bath water which he knows to be
boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into
contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has, therefore,
intentionally used force to Z; and if has done this without Z’s consent intending or knowing it to be likely that he may
thereby cause injury, fear, or annoyance to Z, A has used criminal force.
Indian Penal Code 1860 section 350 illustration (h): A incites a dog to spring upon Z, without Z’s consent. Here, if A
intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
4 Gordhan Das v State, AIR 1968 Raj 241 [LNIND 1968 RAJ 56]: (1968) Cr LJ 1304 (Raj).

End of Document
[105.1040] Instances of use of criminal force
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(2) CRIMINAL FORCE

B. Specific Instances

[105.1040] Instances of use of criminal force

The act of striking a pot of lahn being carried by a person with the intention of causing injury, annoyance
or fear to him may amount to use of criminal force1. Snatching ballot papers from the custody and
possession of public servants and tearing them off amounts to the use of criminal force2.

1 Emperor v Darshan Singh, AIR 1941 Lah 297 : (1941) Cr LJ 812 (Lahore). As to the definition of “criminal force” see
[105.1039].
2 Bhupinder Singh v State of Punjab, (1997) Cr LJ 3416 (P&H).

End of Document
[105.1041] Medical examination whether amounts to criminal force
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(2) CRIMINAL FORCE

B. Specific Instances

[105.1041] Medical examination whether amounts to criminal force

There is no element of criminal force as defined under the Indian Penal Code 18601 in requiring an
accused to give his specimen of hair2 for the purposes of identification3. However, forcible medical
examination of an arrested prisoner without his consent, in order to qualify some medical witness to give
medical evidence in the case against the accused, amounts to an assault4.

1 Ie under the Indian Penal Code 1860 section 350: see [105.1039].
2 Nahipal Naderna v State of Rajasthan, (1971) Cr LJ 1405 (Raj)
3 Mahipal Maderna v State of Rajasthan, (1971) Cr LJ 1405 (Raj).
4 Bhondar v Emperor, AIR 1931 Cal 601 : (1932) 33 Cr LJ 11 (Cal).

End of Document
[105.1042] Meaning of “assault”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

A. Generally

[105.1042] Meaning of “assault”

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or
preparation will cause any person present to apprehend that he who makes that gesture or preparation is
about to use criminal force1 to that person, is said to commit an assault2.

1 As to the definition of “criminal force” see [105.1039].

2 Indian Penal Code 1860 section 351.
Indian Penal Code 1860 section 351 illustration (a): A shakes his fist at Z, intending or knowing it to be likely that he
may thereby cause Z to believe that A is about to strike Z, A has committed an assault.
Indian Penal Code 1860 section 351 illustration (b): A begins to unloose the muzzle of a ferocious dog, intending or
knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has
committed an assault upon Z.
Indian Penal Code 1860 section 351 illustration (c): A takes up a stick, saying to Z, “I will give you a beating.” Here,
though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by
any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an
assault.
See Dhannalal v State, AIR 1951 MB 42 (the gesture of lifting one’s lota to strike the constable in the head constitutes
an act of assault as contemplated under the Indian Penal Code 1860 section 351).
Page 2 of 2
[105.1042] Meaning of “assault”

End of Document
[105.1043] Mere use of words whether amounts to assault
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

A. Generally

[105.1043] Mere use of words whether amounts to assault

Mere words do not amount to an assault1. However, the words which a person uses may give to his
gestures or preparation such a meaning as may make those gestures or preparations amount to an
assault2. A mere wordly altercation in the absence of any gesture on the part of the accused does not fall
within the definitional ambit of assault3. A mere threat to use force if a person persists in a course of
conduct also dose not amount to assault4.

1 As to the meaning of “assault” see [105.1042].

2 Indian Penal Code 1860 section 351 explanation.
Indian Penal Code 1860 section 351 explanation: Mere words do not amount to an assault. But the words which a
person uses may give to gestures or preparation such a meaning as may make those gestures or preparations amount
to an assault.
3 Re Priaswamy, (1970) 2 Mad LJ 442.
4 Mathradas Ramchandra v Secretary of State, 12 IC 237.

End of Document
[105.1044] Assault different from rioting
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

A. Generally

[105.1044] Assault different from rioting

To constitute rioting, force1 or violence is necessary. The force must be against a human being and not
against an inanimate object. Violence, however, is not confined to human beings alone and damage
caused to property by an unlawful assembly2 without any harm to any person is violence and rioting3.
Persons may riot4 without actually committing an offence under the Indian Penal Code 18605.

1 As to the definition of “force” see [105.1035].

2 As to the meaning of “unlawful assembly” see Criminal Law-I [105.437].[RE93]
3 Maiku v State, AIR 1953 All 749.
4 As to the meaning of “rioting” see Criminal Law-I [105.488] and following.
5 Ie under the Indian Penal Code 1860 section 352. See Re Srinivasulu Naicken, AIR 1928 Mad 21 [LNIND 1927 MAD
149]: 106 IC 76 (the theory that the Indian Penal Code 1860 sections 147 and 352 embrace each other is fallacious).

End of Document
[105.1045] Medical examination without consent
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

B. Scope of Offence

(i) Acts Amounting to Assault

[105.1045] Medical examination without consent

The internal medical examination of a lady, in order to determine if any issue was born to her, if not
voluntarily submitted to by her, would amount to assault1 and battery2.

1 As to the meaning of “assault” see [105.1042].

2 Padarath Tiwari v Dulhin Tapesha Kueri, AIR 1932 All 524 : 136 IC 367.

End of Document
[105.1046] Preparation amounts to assault in certain cases
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

B. Scope of Offence

(i) Acts Amounting to Assault

[105.1046] Preparation amounts to assault in certain cases

Preparation to fight is an offence under the Indian Penal Code 18601. A preparation normally consists in
devising and arranging the means necessary for the commission of an act2. Preparation for slaughter of
an animal is no offence under the Indian Penal Code 18603.

1 Ie under the Indian Penal Code 1860 section 352 (see also [105.1050]). See Baldeo v State, AIR 1954 All 650 [LNIND
1954 ALL 43].
2 As to the meaning of “act” see Criminal Law-I [105.228].
3 Ie under the Indian Penal Code 1860 section 351 (see [105.1042]). See Parasram Ji v Imtiaz, AIR 1962 All 22 [LNIND
1961 ALL 28]: (1962) Cr LJ 7 (All).

End of Document
[105.1047] Acts which do not amount to assault
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

B. Scope of Offence

(ii) Acts Not Amounting to Assault

[105.1047] Acts which do not amount to assault

Where an offender merely runs away with a gun in hand from the police party that seeks to arrest him for
a cognizable offence, without attempting to aim it at the police to deter them from arresting him, he will
not be said to have committed an assault on the police1. Where the injury caused or merely to be caused
is a trivial one falling under the Indian Penal Code 18602, the accused would not be liable to be punished
for assault or criminal force used otherwise than on grave provocation3.

1 Koli Dala Raymal v Public Prosecutor, AIR 1950 Kutch 23 : (1950) 51 Cr LJ 657 (Kutch).
2 Ie under the Indian Penal Code 1860 section 95: see Criminal Law-I [105.156].
3 Ie under the Indian Penal Code 1860 section 352 (see also [105.1050]). See Moro Balwant Marathe v Emperor, AIR
1914 Bom 126 : (1914) 15 Cr LJ 14 (Bom).

End of Document
[105.1048] Charge must be specific
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

C. Framing of Charges

[105.1048] Charge must be specific

An appellate court may not alter the conviction for causing mischief under the Indian Penal Code 18601
to one of assault2 when the accused had no opportunity to defend himself of the charge of assault3.

1 Ie under the Indian Penal Code 1860 section 426: see [105.1657].
2 As to the definition of “assault” see [105.1042].
3 Ramdhani Mahton v Emperor, AIR 1936 Pat 536 : (1936) 37 Cr LJ 1156 (Pat).

End of Document
[105.1012] In general
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (1) WRONGFUL RESTRAINT > A. Generally >
(i) Wrongful Restraint

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

A. Generally

(i) Wrongful Restraint

[105.1012] In general

Whoever voluntarily1 obstructs any person so as to prevent that person from proceeding in any direction
in which that person has a right to proceed, is said wrongfully to restrain that person2.

There is nothing in the above-stated provision which requires the physical presence of the person
obstructing at the moment of the obstruction3. For the purpose of this provision, actual assault is not
necessary and fear of immediate harm is sufficient4. To illustrate, where A breaks open into B’s house in
his absence, and on his return B went to his house and was prevented by A from entering it, the date of
obstruction must be taken to be the date when B was prevented from entering the house and not when A
had entered the house in the absence of B5. There will be a momentary restriction of the person injured
in every case of assault but the gist of the offence under the Indian Penal Code 18606 is that there must
be a restraint when there is a desire to move in a particular direction. If there is no such desire, there can
be no obstruction though the accused may have intended it or expressed his intention to restrain
another7. For convicting a person for wrongfully restraining someone, the prosecution has to prove that
the complainant had a right as distinguished from license to proceed in a particular direction or that he
had a right of way and the accused had restrained him8.

The obstruction caused must be “voluntarily”. The word “voluntarily” connotes direct physical restraint.
Page 2 of 2
[105.1012] In general

There should be restriction on the normal movement of a person. Where accused has decided on behalf
of a limited company to get a road repaired and the repair is carried out, the inconvenience caused to the
road-users, including the complainant, cannot amount to wrongful restraint9. Obstruction to enjoy the joint
family property by one co-sharer to another does not amount to wrongful restraint. The claim to enjoy it
can be enforced by taking recourse to remedies available under the civil laws, criminal proceedings
cannot be resorted for such purposes10.

1 As to the meaning of “voluntarily” see Criminal Law-I [105.025].

2 Indian Penal Code 1860 section 339.
Indian Penal Code 1860 section 339 exception: The obstruction of a private way over land or water which a person in
good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Indian Penal Code 1860 section 339 illustration: A obstructs a path along which Z has a right to pass. A not believing in
good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
3 Chhagan Vithal v Emperor, AIR 1927 Bom 369 : (1927) 28 Cr LJ 1023 (Bom); Madala Peraiah v Voruganti Chendriah,
AIR 1954 Mad 247 [LNIND 1951 MAD 314]; Peraiah v Chendriah, (1954) Cr LJ 283 (Mad).
4 Madala Peraiah v Voruganti Chendriah, AIR 1954 Mad 247 [LNIND 1951 MAD 314].
5 Francis D’Souza v Edward LA Gameiro, AIR 1960 Bom 139 : (1960) Cr LJ 459 (Bom).
6 Ie under the Indian Penal Code 1860 section 341 or 342: see [105.1019] and [105.1027] respectively.
7 Pagla Baba v State, AIR 1957 Ori 130 [LNIND 1957 ORI 1]: (1957) Cr LJ 769 (Ori).
8 Hajee Abdul Rehman v Gulam Babi, AIR 1964 J&K 4 : (1964) Cr LJ 40 (J&K); Vijay Kumari v SM Rao, AIR 1996 SC
1058 : (1996) Cr LJ 1371 (SC).
9 Keki Hormusji Gharda v Mehervan Rustom Irani, (2009) 6 SCC 475 [LNIND 2009 SC 1276] : (2009) Cr LJ 3733 (SC).
10 Rajender Singh Katoch v Chandigarh Administration, AIR 2008 SC 178 [LNIND 2007 SC 1233]: (2007) 10 SCC 69
[LNIND 2007 SC 1233] : (2008) Cr LJ 356 (SC).

End of Document
[105.1049] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(3) ASSAULT

D. Appreciation of Evidence

[105.1049] Generally

Where the evidence of the prosecutrix is exaggerated and the truth of her story is under suspicion, the
benefit of doubt must be given to the accused and the charge against him under the Indian Penal Code
18601 must be altered to one for simple assault otherwise than on grave provocation2. Where two
persons bring cases of mutual assault, the magistrate is not entitled to use evidence given in one case as
evidence in the other, and a conviction based on such evidence may not be sustained3.

1 Ie under the Indian Penal Code 1860 section 354: see [105.1175].
2 Ie under the Indian Penal Code 1860 section 352 (see [105.1050]). See Hanuman v State of Haryana, (1977) Cr LJ
1118 (SC).
3 W Waugh v Emperor, AIR 1940 Cal 59 : (1940) 41 Cr LJ 247 (Cal).

End of Document
[105.1013] Meaning of “proceeding”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

A. Generally

(ii) Scope of Offence

[105.1013] Meaning of “proceeding”

The word “proceed” in the Indian Penal Code 18601, is not confined to the case of a person who can
walk on his own legs or can move by physical means within his own power. The word “proceeding”
includes the case for proceeding by the outside agency. The scope of the meaning of the word “proceed”
may not merely be extended to proceeding on foot only2.

1 Ie in the Indian Penal Code 1860 sections 339 and 340: see [105.1012] and [105.1020] respectively.
2 Madhab Chandra Charchari v Nalini Manna, AIR 1964 Cal 286 [LNIND 1963 CAL 175]: (1964) Cr LJ 20 (Cal).

End of Document
[105.1050] Penal provision
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(i) Generally

[105.1050] Penal provision

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation
given by that person, shall be punished with imprisonment of either description for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or with both1.

1 Indian Penal Code 1860 section 352.

Indian Penal Code 1860 section 352 explanation: Grave and sudden provocation will not mitigate the punishment for an
offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence, or
If the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the
powers of such public servant, or
If the provocation is given by anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
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[105.1050] Penal provision

End of Document
[105.1014] Mere words do not amount to obstruction
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

A. Generally

(ii) Scope of Offence

[105.1014] Mere words do not amount to obstruction

Where there is no evidence that the petitioner offered physical obstruction, it is doubtful that without
physical obstruction and by mere words, a person may be said to commit an offence under the Indian
Penal Code 18601. Obstruction contemplated by the said provision, though physical, may, however, be
caused not only by physical force but also by menances and threats. The criterion of the offence is the
effect than method2. The fact of physical obstruction even by mere words would fall within the ambit of
the offence of wrongful restraint3.

1 Ie under the Indian Penal Code 1860 section 341 (see [105.1019]): Re Attappa Goundan, AIR 1951 Mad 759 [LNIND
1950 MAD 178]; Madala Peraiah v Voruganti Chendriah, AIR 1954 Mad 247 [LNIND 1951 MAD 314].
2 Nripendra Nath Basu v Kisen Bahadur, (1952) ILR 1 Cal 251.
3 Re Shanmugham, (1971) Cr LJ 182 (Mad).

End of Document
[105.1051] Acts which amount to assault or criminal force
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(i) Generally

[105.1051] Acts which amount to assault or criminal force

The gesture of lifting one’s lota to strike the constable in the head constitutes an act of assault as
contemplated under the Indian Penal Code 18601. Where the accused went to the complainant’s house
to execute a warrant, in spite of protests by the latter’s wife, a purdhashini lady, and violently pushed
open the door when closed by her causing her injury, he is liable for conviction under the Indian Penal
Code 18602. Where a servant abets his master to commit an assault but the latter commits a wholly
different act, such as a murderous attack, the servant is only guilty of abetment of an ordinary assault
punishable under the said provision3. Although the husband is the guardian of his minor wife, if he
employs criminal force in taking her away, he is guilty of an offence punishable under this provision4. The
act of throwing brickbats into the house of the complainant is a gesture which would cause the
complainant to apprehend the use of criminal force against him and would amount to the offence of
assault under the said provision5. An act of standing near shop of a person, displaying a chopper saying
that he would not leave the premise without killing that person, and hurling challenge to him to come out
amounts to assault6. Pointing a loaded gun at anyone also amounts to assault7.

1 Ie under the Indian Penal Code 1860 section 351 (see also [105.1042]). See Dhannalal v State, AIR 1951 MB 42.
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[105.1051] Acts which amount to assault or criminal force

2 Ie under the Indian Penal Code 1860 section 352 (see also [105.1050]). See Kaluram Nenuram v Emperor, AIR 1934
Sind 52 : (1933) 34 Cr LJ 963 (Sind).
3 Girija Prasad Singh v Emperor, AIR 1935 All 346(2) : (1935) 36 Cr LJ 438 (All).
4 Nanku v Emperor, AIR 1935 All 916 : (1936) 37 Cr LJ 35 (All).
5 Mahadeo Pandey v Emperor, AIR 1932 All 322 : (1932) 33 Cr LJ 889 (All).
6 Mathew @ Mathai v State of Kerala, (1993) Cr LJ 213 (Ker).
7 Awadhesh Mahto v State of Bihar, (1979) Cr LJ 1275 (Pat).

End of Document
[105.1015] Acts amounting to wrongful restraint
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

A. Generally

(iii) What Constitutes Wrongful Restraint

[105.1015] Acts amounting to wrongful restraint

A male police officer who summons a woman and a boy below fifteen years of age to the police station
for questioning and keeps them under restraint is guilty of wrongful restraint and is punishable under the
Indian Penal Code 18601. Where the landlord by locking the premises occupied by his tenant, restrains
his tenant, who is entitled to his possession from entering thereon and enjoying the possession of the
same, and there is no evidence of any force or show of force being used against the tenant, the
conviction of the landlord under the Indian Penal Code 18602 is proper3. Where the deceased, who did
not know swimming, was unwillingly pushed into deep, fast-flowing river by the accused with the common
intention of causing wrongful restraint for amusement, the offence under the said provision is made out4.
The provision of the Indian Penal Code 1860 relating to wrongful restraint5 covers the case of the person
reasonably wanting to go vertically upwards, if he has the right to do so, and being prevented from doing
so by a voluntary obstruction6. Persons, irrespective of the sect which they belong to, are entitled to
conduct religious processions in public spaces so that they do not interfere with the ordinary use of such
streets by the public and subject to such directions which the magistrates lawfully give to prevent
obstructions of the thoroughfare, or breaches of public peace, and a suit lies for the declaration of such
right. Claim by one sect for exclusive use of the highway for their worship is untenable7.
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[105.1015] Acts amounting to wrongful restraint

1 Ie under the Indian Penal Code 1860 section 339 (see [105.1012]): Raja Ram v State of Haryana, (1971) 3 SCC 945 :
(1972) SCC (Cr) 193.
2 Ie under the Indian Penal Code 1860 section 341: see [105.1019].
3 Sambhu Roy v Mati Khatik, AIR 1949 Cal 111 : (1949) 50 Cr LJ 172 (Cal).
4 Benny Francis v State of Kerala, (1991) Cr LJ 2411 (Ker).
5 Ie under the Indian Penal Code 1860 section 339.
6 Chhagan Vithal v Emperor, AIR 1927 Bom 369 : (1927) 28 Cr LJ 1023 (Bom) (projecting a shed over a wall which does
not prevent the owner of the wall from moving under it but which is merely an obstruction to whitewashing or repairing
the wall, does not amount to an offence under the Indian Penal Code 1860 section 339).

The voluntary obstruction of a cart in which a person is travelling amounts to wrongful restraint of the person travelling
in it and the fact that the person may be allowed to get down and then be left at liberty to proceed on his way
unmolested is immaterial. Where the person is prevented from proceeding at the moment of restraint the terms of
offence under the Indian Penal Code 1860 section 339 are satisfied and the offence of wrongful restraint is committed:
Gopala Reddi v Lakshmi Reddi, AIR 1947 Mad 124 [LNIND 1946 MAD 161]: (1947) 48 Cr LJ 459 (Mad); Re M
Abraham, AIR 1950 Mad 233 [LNIND 1949 MAD 176]: (1950) 51 Cr LJ 568 (Mad). See also Chiranji Lal v Durga Dutt
Tripathi, AIR 1948 Pat 299 (preventing a person from proceeding homeward on the “ekka” would amount to preventing
him from proceeding in the direction from which he wanted to proceed and would, therefore, be wrongful restraint as
defined under the Indian Penal Code 1860 section 339).
7 Saiyid Manzur Hassan v Saiyid Muhammad Zaman, AIR 1925 PC 36; Sundareswara Srouthigal v King-Emperor, AIR
1927 Mad 938 [LNIND 1927 MAD 99]: (1927) 28 Cr LJ 545 (Mad).

End of Document
[105.1052] Voluntary provocation not mitigating factor
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(ii) Grave and Sudden Provocation

[105.1052] Voluntary provocation not mitigating factor

Grave and sudden provocation will not mitigate the punishment for assault or use of criminal force to any
person otherwise than on grave and sudden provocation1. Where the provocation is sought or voluntarily
provoked by the offender as an excuse for the offence, it does not amount to provocation2.

1 Ie under the Indian Penal Code 1860 section 352: see [105.1050].
2 Indian Penal Code 1860 section 352 explanation para 1. See Ram Das v State of West Bengal, AIR 1954 SC 711
(where the railway official not only assaulted the lady passenger with a baby but also cast aspersions on her character,
the maximum sentence must be awarded under the Indian Penal Code 1860 section 352).

End of Document
[105.1016] Acts not amounting to wrongful restraint
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

A. Generally

(iii) What Constitutes Wrongful Restraint

[105.1016] Acts not amounting to wrongful restraint

The offence of wrongful offence occurs in the chapter dealing with offences against the human body. The
voluntary obstruction of a vehicle does not amount to wrongful restraint within the meaning of “person”
appearing in the said provision of the Indian Penal Code 18601. Where there is obstruction to a truck
from proceeding in the direction in which it wanted to proceed but no obstruction to occupants from
proceeding anywhere, there is no wrongful restraint within the meaning of the Indian Penal Code 18602.
Putting a vehicle in a common passage involving no obstruction to human body does not constitute the
offence of wrongful restraint3. Similarly, keeping a car on a pathway and causing obstruction to the
complainant in bringing out his car does not constitute wrongful restraint4.

Where the only allegation relating to the said provision is that the respondent stood in front of the
appellant in such a manner that she had to move backward from such act, it may not be said that he
wrongfully restrained her to be liable for conviction under the Indian Penal Code 18605.

1 Shankar Lal Sharma v State of Assam, (1975) Cr LJ 1077 (Gau). Also see Rita Wilson v State of Himachal Pradesh,
(1992) Cr LJ 2400 (HP).
Page 2 of 2
[105.1016] Acts not amounting to wrongful restraint

2 Ie within the meaning of the Indian Penal Code 1860 section 339 (see [105.1012]): State v Naguesh, AIR 1970 Goa 49
: (1970) Cr LJ 465 (Goa).
3 Durgapada v Nilima Ghosh, AIR 1935 Cal 252.
4 Shankar Lal Sharma v State of Assam, (1975) Cr LJ 1077 (Gau). Also see Rita Wilson v State of Himachal Pradesh,
(1992) Cr LJ 2400 (HP).
5 Ie under the Indian Penal Code 1860 section 341 (see [105.1019]): Rupan Deol Bajaj v Kanwar Pal Singh Gill, AIR
1996 SC 309 [LNIND 1995 SC 981]: (1995) 6 SCC 194 [LNIND 1995 SC 981] : (1995) SCC (Cr) 1059 : (1996) Cr LJ
381 (SC).

End of Document
[105.1053] Acts done in obedience to law do not amount to provocation
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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(ii) Grave and Sudden Provocation

[105.1053] Acts done in obedience to law do not amount to provocation

Where the provocation is given by anything done in obedience to the law, or by a public servant1, in the
lawful exercise of the powers of such public servant, it does not amount to provocation2.

1 As to the meaning of “public servant” see Criminal Law-I [105.512]–[105.523].

2 Indian Penal Code 1860 section 352 explanation para 2.

End of Document
[105.1017] Existence of lawful right to obstruct
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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

B. Restraint when Lawful

[105.1017] Existence of lawful right to obstruct

The obstruction of private way over land or water which a person in good faith1 believes himself to have a
lawful right to obstruct, is not an offence within the meaning of the Indian Penal Code 18602. Where the
defence is entitled to the said exception, it must be clearly raised. Where the obstruction put up by the
accused is done in good faith and the accused pleads himself to have a lawful right to obstruct the co-
complainants from going along the passage, he is not guilty of wrongful restraint3. The voluntary
obstruction of any person from entering upon the land under bona fide colour of contention or title and
possession is not such an obstruction as may be made the subject of a criminal prosecution under the
Indian Penal Code 18604.

1 As to the meaning of “good faith” see Criminal Law-I [105.040].

2 Ie within the meaning of the Indian Penal Code 1860 section 339 (see also [105.1012]): see the Indian Penal Code
1860 section 339 exception.
Indian Penal Code 1860 section 339 exception: The obstruction of a private way over land or water which a person in
good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
3 Kali Das Raha v Deodhari Mistri, AIR 1925 Cal 1214. See also Keso Sahu v Saligram Shah, (1977) Cr LJ 1725 (Ori)
(where the accused merely helped the police in stopping carts as desired by the police, there is no offence under the
Page 2 of 2
[105.1017] Existence of lawful right to obstruct

Indian Penal Code 1860 section 341 as the police constable was legally competent to stop the said carts and equally
entitled to the assistance of the accused for that work).
4 Ie under the Indian Penal Code 1860 section 341 (see [105.1019]): Sheo Nath v Emperor, AIR 1914 Lah 292 : (1914)
15 Cr LJ 532 (Lahore).

End of Document
[105.1054] Acts done in exercise of right to private defence do not amount
to provocation
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(ii) Grave and Sudden Provocation

[105.1054] Acts done in exercise of right to private defence do not amount to

provocation

Where the provocation is given by anything done in the lawful exercise of the right of private defence, it
does not amount to provocation1.

1 Indian Penal Code 1860 section 352 explanation para 3. As to the right to private defence see Criminal Law-I [105.162]
and following.

End of Document
[105.1018] Existence of lawful right to use
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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

B. Restraint when Lawful

[105.1018] Existence of lawful right to use

Before convicting a person for wrongfully restraining another from making use of a particular place or
thing, it is necessary for the court to see if that person has the right to use it1. A denial of the right to
enjoy the benefits of joint family property cannot be perceived as a wrongful restraint. Recourse to
criminal law to enforce remedies under civil law is permissible2.

1 Ghuraram Kahar v Emperor, AIR 1930 Cal 760 : (1930) 31 Cr LJ 1226 (Cal); Re Rama Reddy, AIR 1916 Mad 696(1) :
(1915) 15 Cr LJ 701 (Mad). The complainant teacher may not have the right to live in a hostel room after termination of
licence. Hence, school authorities must not be convicted for wrongfully restraining her from entering the said room:
Vijay Kumari Magee v SM Rao, AIR 1996 SC 1058 : (1996) 7 SCC 148 : (1996) SCC (Cr) 236 : (1996) Cr LJ 1371
(SC).
2 Rajinder Singh Katoch v Chandigarh Administration, AIR 2008 SC 178 [LNIND 2007 SC 1233]: (2007) 10 SCC 69
[LNIND 2007 SC 1233] : (2008) Cr LJ 356 (SC).

End of Document
[105.1055] Existence of grave and sudden provocation—a question of fact
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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

A. Otherwise than on Grave and Sudden Provocation

(ii) Grave and Sudden Provocation

[105.1055] Existence of grave and sudden provocation—a question of fact

Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact1.

1 Indian Penal Code 1860 section 352 explanation para 4.

End of Document
[105.1019] Generally
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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(1) WRONGFUL RESTRAINT

C. Punishment for Wrongful Restraint

[105.1019] Generally

Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred rupees, or with both1. In order to
sustain a conviction under this provision, there must necessarily be physical restraint of the
complainant’s person2.

1 Indian Penal Code 1860 section 341. As to the meaning of “wrongful restraint” see [105.1012].
2 ,Re Mantripragada Mattapali Narasimha Rao, AIR 1919 Mad 954 : (1918) 19 Cr LJ 445 (Mad).

End of Document
[105.1056] Assault or criminal force on grave provocation
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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

B. Different Forms of Assault or Criminal Force

[105.1056] Assault or criminal force on grave provocation

Whoever assaults1 or uses criminal force2 to any person on grave and sudden provocation given by that
person, shall be punished with simple imprisonment for a term which may extend to one month, or with
fine which may extend to two hundred rupees, or with both3. Where the accused uses criminal force on
grave and sudden provocation by the patrol who abuses the accused, he is liable to be convicted under
the said provision4.

1 As to the definition of “assault” see [105.1042].

2 As to the definition of “criminal force” see [105.1039].
3 Indian Penal Code 1860 section 358.
4 Dip Chand v Emperor, AIR 1934 All 872.

End of Document
[105.1020] Wrongful confinement
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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

A. Introduction

[105.1020] Wrongful confinement

Whoever wrongfully restrains1 any person in such a manner as to prevent that person from proceedings
beyond certain circumscribing limits, is said “wrongfully to confine” that person2.

Proof of actual physical restriction is not necessary to constitute wrongful confinement3. An obstruction in
the course of an irregular search not conducted in conformity with the Code of Criminal Procedure 19734
is not unjustified but further prevention of a public servant in the discharge of his duties, constitutes an
offence punishable under the Indian Penal Code 18605.

1 As to the meaning of “wrongful restraint” see [105.1012].

2 Indian Penal Code 1860 section 340.
Indian Penal Code 1860 section 340 illustration (a): A causes Z to go within a walled space, and locks Z in. Z is thus
prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
Indian Penal Code 1860 section 340 illustration (b): A places men with firearms at the outlets of a building and tells Z
that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
See also Shyam Lal Sharma v State of Madhya Pradesh, AIR 1972 SC 886 [LNIND 1972 SC 100]: (1972) 1 SCC 764
[LNIND 1972 SC 100] : (1972) SCC (Cr) 470 : [1972] 3 SCR 422 [LNIND 1972 SC 100] : (1972) Cr LJ 638 (SC) (the
Page 2 of 2
[105.1020] Wrongful confinement

Indian Penal Code 1860 section 340 is not confined to offences against public servants alone but is a general
provision).
3 Samir Saha v State of Tripura, (1998) Cr LJ 1360 (Gau).
4 Ie in conformity with the Code of Criminal Procedure 1973 section 165.
5 Ie under the Indian Penal Code 1860 section 340: Shyam Lal Sharma v State of Madhya Pradesh, AIR 1972 SC 886
[LNIND 1972 SC 100]: (1972) 1 SCC 764 [LNIND 1972 SC 100] : (1972) SCC (Cr) 470 : [1972] 3 SCR 422 [LNIND
1972 SC 100] : (1972) Cr LJ 638 (SC).

Where a police constable in uniform asked the complainants to disembark the bus as they were carrying unaccounted
money, took them to a deserted street and deprived them of their money, the act, at the most, amounts to one of
wrongful restraint and not wrongful confinement: Suryamoorthi v Govindaswamy, AIR 1989 SC 1410 [LNIND 1989 SC
232]: (1989) 3 SCC 24 [LNIND 1989 SC 232] : (1989) SCC (Cr) 472 : (1989) Cr LJ 1451 (SC).

End of Document
[105.1057] Assault or criminal force with intent to dishonour person,
otherwise than on grave provocation
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

B. Different Forms of Assault or Criminal Force

[105.1057] Assault or criminal force with intent to dishonour person,

otherwise than on grave provocation

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person,
otherwise than on grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both1.

A sanction under the Code of Criminal Procedure 19732 is not necessary for prosecuting a public servant
under this provision3. In order to bring a case under this provision, the burden of proving the absence of
grave and sudden provocation is on the prosecution4.

1 Indian Penal Code 1860 section 355.

2 Ie under the Code of Criminal Procedure 1973 section 197: see Criminal Law-I [105.317].
3 Khimgir v Muhammad Bilawal Abdul Kassim, AIR 1947 Sind 60 : (1947) 48 Cr LJ 573 (Sind).
4 Sheodin v Jumni, AIR 1927 Ngp 47 : (1926) 27 Cr LJ 1003 (Nag).
Page 2 of 2
[105.1057] Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

End of Document
[105.1021] Offence committed by public servant
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

A. Introduction

[105.1021] Offence committed by public servant

Where the offence of wrongful confinement under the Indian Penal Code 18601 has been committed by a
public servant2 acting as such, he may not be prosecuted for the offence unless a sanction under the
Code of Criminal Procedure 19733 is obtained4.

1 Ie under the Indian Penal Code 1860 section 340: see [105.1020].
2 As to the meaning of “public servant” see Criminal Law-I [105.512]–[105.523].
3 Ie under the Code of Criminal Procedure 1973 section 197: see Criminal Law-I [105.317].
4 ND Burman v Indramani Pathak, (1983) Cr LJ 215 (All).

End of Document
[105.1058] Assault or criminal force to deter public servants from discharge
of duty
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

B. Different Forms of Assault or Criminal Force

[105.1058] Assault or criminal force to deter public servants from discharge

of duty

Whoever assaults or uses criminal force to any person being a public servant1 in the execution of his duty
as such public servant, or with intent to prevent or deter that person from discharging his duty as such
public servant, or in consequence of anything done or attempted to be done by such person in the lawful
discharge of his duty as such public servant, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both2.

The essence of the offence is assault or use of criminal force while the public servant is doing his duty3.
Such a public servant must be performing his duty when he was assaulted or criminal force was against
him4. A duty assigned to a public servant by his master, be it under a statute or by an executive order,
assumes the character of public duty, provided the duty assigned is not illegal or against public policy5.
Legality of the execution of duty is the sine qua non for the application of the said provision6. Even
intentional humiliation caused to a public servant while in office by sprinkling black paint and using
abusive language against him comes within the ambit of the said provision7. Motive or object of assault or
using force is irrelevant8. No cognizance of the offence under the said provision be taken where records
do not show that petitioner employee was performing public duty at the time of assault9. Where injury
suffered by the complainant is minor, conviction of the accused under the provision cannot be
sustained10.
Page 2 of 2
[105.1058] Assault or criminal force to deter public servants from discharge of duty

1 As to the meaning of “public servant” see Criminal Law-I [105.512]–[105.523].

2 Indian Penal Code 1860 section 353. See State of Karnataka v M Chandrappa, (1987) Cr LJ 950 (Kant) (where a police
constable, merely waiting for a bus to reach the police station, was abused and assaulted by the accused, it will not be
said that he was engaged in executing any duty and a charge against such accused may be sustained only under the
Indian Penal Code 1860 section 352 and not under the Indian Penal Code 1860 section 353); Ram Singh v Emperor,
AIR 1935 Pat 214 (1935) 36 Cr LJ 714 (Pat) (where a petitioner interposes between an officer and cattle, that were
being removed under his order, indulged in abusive language, threatened to teach him a lesson and thereafter
appeared armed with a lathi, a case is made out under the Indian Penal Code 1860 section 353); Jitendra Mohan De v
Emperor, AIR 1944 Cal 79 : (1944) 45 Cr LJ 384 (Cal) (where an order calling out members of the civic guard on duty
has not been notified in the Calcutta Police Gazette as required by rule 7 of the Rules issued under Notification No 422
Pl.D dated 26 October 1940, the members will not be said to have been called out on duty within the Civic Guard
Ordinance 1940 section 4 and hence, resistance to arrest attempted to be made by them may not constitute an offence
under the Indian Penal Code 1860 section 353).
3 Durgacharan Naik v State of Orissa, AIR 1966 SC 1775 [LNIND 1966 SC 59].
4 Hazari v State of Bihar, (1963) Supp SCR 419; Chandrika Sao v State of Bihar, AIR 1967 SC 170 [LNIND 1962 SC
316]: (1967) Cr LJ 261 (SC); Devi Singh v State of Madhya Pradesh, (1993) Cr KLJ 1301 (MP); State v Mohammed
Sadiq, (2006) Cr LJ 339 (Kant).
5 Dattatraya Narayan Patil v State of Maharashtra, (1976) 1 SCC 11 [LNIND 1975 SC 157] : (1975) SCC (Cr) 733.
6 Poulose v State of Kerala, (1985) Cr LJ 222 (Ker); Rajendra Datta v State of Punjab (1993) Cr LJ 1025 (P&H).
7 Virendra Sharma v State, (2005) Cr LJ 2644 (Del).
8 Emperor v Bandhoo Ahir, AIR 1935 All 563.
9 Sheikh Ayub v State of Maharashtra, (1994) 2 SCC 269 : (1994) SCC (Cr) 1222 : (1995) Cr LJ 420 (SC).
10 Murlidhar K Virulkar v State of Maharashtra, (2005) Cr LJ 3378 (Bom).

End of Document
[105.1022] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > B.
Essentials of Wrongful Confinement

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

B. Essentials of Wrongful Confinement

[105.1022] Generally

The essential ingredients that constitute the offence of “wrongful confinement”1 are that the accused
must have wrongfully confined the complainant and such restraint was to prevent the complainant from
proceeding beyond certain circumscribed limits beyond which he or she had a right to proceed2. Wrongful
restraint that a person confined cannot go beyond the circumscribing limits is the essence of the offence
of wrongful confinement3. There must be total restraint and not a partial one4.

1 As to the meaning of “wrongful confinement” see [105.1020].

2 Raju Pandurang Mahale v State of Maharashtra, AIR 2004 SC 1677 [LNIND 2004 SC 194]: (2004) 4 SCC 371 [LNIND
2004 SC 194] : (2004) SCC (Cr) 1259 : (2004) Cr LJ 1441 (SC).
3 Samir Saha v State of Tripura, (1998) Cr LJ 1360 (Gau), Shyam Lal Sharma v State of Madhya Pradesh, (1972) 1 SCC
764 [LNIND 1972 SC 100] : (1972) SCC (Cr) 470.
4 Raju Pandurang Mahale v State of Maharashtra, AIR 2004 SC 1677 [LNIND 2004 SC 194]: (2004) 4 SCC 371 [LNIND
2004 SC 194].

End of Document
[105.1059] Assault or criminal force in attempt to commit theft of property
carried by persons
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

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Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

B. Different Forms of Assault or Criminal Force

[105.1059] Assault or criminal force in attempt to commit theft of property

carried by persons

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property1
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both2.

1 As to theft of property see [105.1422] and following.

2 Indian Penal Code 1860 section 356.

End of Document
[105.1023] Causing fear of movement
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > B.
Essentials of Wrongful Confinement

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

B. Essentials of Wrongful Confinement

[105.1023] Causing fear of movement

Where fear is created in the mind of the victim reasonably giving rise to the belief that if he tried to depart
he would be restrained or that bodily harm would be caused to him, it would constitute confinement.
However, a person may not be said to be “confined” if there is a way of escape open to him1. An
impression produced in the mind of the person confined that he is not free to depart, and that he would
be forthwith restrained if he attempted to do so is sufficient to constitute the offence of wrongful
confinement. Reasonable apprehension of force rather than its actual use carries significance2.

1 K Joggayya v King, AIR 1951 Ori 142 : (1950) ILR Cut 185.
2 Om Prakash Tilak Chand v State, AIR 1959 Punj 134 : (1959) Cr LJ 368 (P&H).

End of Document
[105.1060] Assault or criminal force in attempt wrongfully to confine
persons
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

8. CRIMINAL FORCE AND ASSAULT

(4) ASSAULT OR CRIMINAL FORCE

B. Different Forms of Assault or Criminal Force

[105.1060] Assault or criminal force in attempt wrongfully to confine persons

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both1.

1 Indian Penal Code 1860 section 357. See Emperor v Shah Alam, AIR 1931 Lah 275, (1931) 32 Cr LJ 1248 (Lahore)
(where the accused put a safa around the neck of a boy on his refusal to accompany him, and dragged him for a short
distance as a result of which the boy died, the case fell under the Indian Penal Code 1860 section 357 and not the
Indian Penal Code 1860 section 304 as such grievous hurt was not a natural consequence of his act). As to the
meaning of “wrongful confinement” see [105.1020].

End of Document
[105.1024] “Mens rea” not essential
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > B.
Essentials of Wrongful Confinement

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

B. Essentials of Wrongful Confinement

[105.1024] “Mens rea” not essential

“Mens rea”1 is not a pre-requisite in order to sustain a conviction under the Indian Penal Code 18602.

1 As to the concept of “mens rea” see Criminal Law-I [105.013] and following.
2 Ie under the Indian Penal Code 1860 section 342 (see [105.1027]): Hameed SA v Sudhir Mohan Ghose, AIR 1929 Cal
730.

End of Document
[105.1061] Meaning of “criminal intimidation”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (1) CRIMINAL INTIMIDATION > A. Introduction >
(i) Generally

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

A. Introduction

(i) Generally

[105.1061] Meaning of “criminal intimidation”

Whoever threatens another with any injury to his person, reputation or property, or to the person or
reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to
cause that person to do any act which he is not legally bound to do, or to omit to do any act which that
person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal
intimidation1.

This provision consists of two parts. The first part refers to the act of threatening another with injury to his
person, reputation or property or to the person or reputation of anyone in whom that person is interested.
The second part refers to the intent with which the threatening is done and it is of two categories, that is
(i) to cause alarm to the person threatened; and (ii) to cause that person to do any act which he is not
legally bound to do2 or to omit to do any act which that person is legally entitled to do, as the means of
avoiding the execution of such threat3.

1 Indian Penal Code 1860 section 503. Indian Penal Code 1860 section 503 explanation: A threat to injure the reputation
of any deceased person in whom the person threatened is interested, is within this section.
Page 2 of 2
[105.1061] Meaning of “criminal intimidation”

Indian Penal Code 1860 section 503 illustration: A, for the purpose of inducing B to desist from prosecuting a civil suit,
threatens to burn 4C’s house. A is guilty of criminal intimidation.
2 As to the meaning of “legally bound to do” see Criminal Law-I [105.195].
3 Romesh Chandra Arora v State, AIR 1960 SC 154 [LNIND 1959 SC 177]: [1960] 1 SCR 924 [LNIND 1959 SC 177] :
(1960) Cr LJ 177 (SC).

End of Document
[105.1025] Acts which amount to wrongful confinement
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

C. Scope of Offence

[105.1025] Acts which amount to wrongful confinement

It is no part of the duty of a police officer to assault a witness or an accused in order to obtain a
statement from him. It is equally no part of his duty to put a person under unlawful restraint in order to
extort a confession from him under the Code of Criminal Procedure 19731. A police officer who detains a
person after he has been granted bail and ordered by a court to be released on security is guilty under
the Indian Penal Code 18602. Where a person is wrongfully and legally confined by another person for
five days in a chapter case under the Code of Criminal Procedure 1973, such wrongful confinement
constitutes the offence or wrongful confinement3. Where a police officer enters into a house in the joint
possession of the complainant and the accused, with their consent, in order to prevent a breach of
peace, and was beaten and confined by the accused, the accused was guilty under the Indian Penal
Code 18604. The accused may not take the defence that he was not present at the actual arrest if he in
fact had initiated it and instigated the bailiff to wrongfully confine a debtor in spite of a protection order in
his favour5. It would be difficult for an innocent minor girl to resist three persons who took her at knife-
point from place to place and she might not have attempted to escape from their clutches nor might she
give any report to anybody. No independent corroboration is required and conviction of the accused
under the Indian Penal Code 18606 is proper7. Gherao, defined as a physical blockade of a target, either
by encirclement or forcible occupation, may amount to wrongful confinement under certain
circumstances8.
Page 2 of 2
[105.1025] Acts which amount to wrongful confinement

1 Ie under the Code of Criminal Procedure 1973 section 164: Ram Nath v Salig Ram Sharma, AIR 1967 All 519 [LNIND
1966 ALL 113]: (1967) Cr LJ 1463 (All). Where a victim was beaten by police and committed suicide in police custody
and there was evidence to show that the deceased had been taken into custody, but the medical evidence did not
indicate any injury other than ligature mark on the neck of the deceased, and further the plea of alibi by accused police
official was not proved, mere surmises and strong suspicions are not sufficient for conviction under the Indian Penal
Code 1860 sections 302 and 352. The accused is liable to be punished for wrongful confinement in view of the
clinching evidence of illegal detention: State v Balakrishnan, (1992) Cr LJ 1872 (DB) (Mad).
2 Ie under the Indian Penal Code 1860 section 340 (see [105.1020]): Dharmu Naik v Rabindranath Acharya, (1978) Cr LJ
864 (Ori).
3 Deelip Bhikaji Sonawane v State of Maharashtra, (2003) 2 Majh LJ 629.
4 Ie under the Indian Penal Code 1860 section 342 (see [105.1027]): Shewaram v State, AIR 1951 Ajmer 37.
5 WT Thiruvangadachariar v MS Chokkalingham Chetty, AIR 1924 Mad 31 : (1924) 25 Cr LJ 138 (Mad).
6 Ie under the Indian Penal Code 1860 section 342.
7 State of Rajasthan v Ram Narain, AIR 1996 SC 2987 [LNIND 1996 SC 178]: (1996) 8 SCC 64 [LNIND 1996 SC 178] :
(1996) Cr LJ 1882 (SC). See also Girdhar Gopal v State, AIR 1953 MB 147 (conviction of the accused for confining a
girl of nine years in a room and making her lie on a bed and sitting on her and becoming naked is proper under section
342).
8 Jay Engineering Works v State of West Bengal, AIR 1968 Cal 407 [LNIND 1967 CAL 171].

End of Document
[105.1062] Injury to reputation of dead person
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

A. Introduction

(ii) What Constitutes Criminal Intimidation

[105.1062] Injury to reputation of dead person

A threat to injure the reputation of any deceased person in whom the person threatened is interested, is
within the Indian Penal Code 18601.

1 Ie within the Indian Penal Code 1860 section 503 (see [105.1061]): Indian Penal Code 1860 section 503 explanation.

End of Document
[105.1026] Acts which do not amount to wrongful confinement
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

C. Scope of Offence

[105.1026] Acts which do not amount to wrongful confinement

A peon who arrests a judgment debtor1, who is exempt from arrest under the Code of Criminal Procedure
19732, in the discharge of his duty under a valid warrant is not guilty under the Indian Penal Code 18603
even if the munsif consequently releases him after finishing the suit4. A sub-inspector in charge of an
investigation is legally competent to send for a person to the police station who, in his opinion, may give
information about a crime. A constable and a chowkidar who only brings such a person to the sub-
inspector and tells him to sit down until the sub-inspector sees him are committing no offence
whatsoever5.

1 As to the meaning of “judgment debtor” see civil procedure [65.029].

2 Ie under the Code of Criminal Procedure 1973 section 135(2).
3 Ie under the Indian Penal Code 1860 section 342: see [105.1027].
4 Khadamali v Emperor, AIR 1935 Cal 551 : (1935) 36 Cr LJ 1252 (Cal).
5 Abdul Karim v Emperor, AIR 1930 Oudh 505.

End of Document
[105.1063] What constitutes “threat causing alarm”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

A. Introduction

(ii) What Constitutes Criminal Intimidation

[105.1063] What constitutes “threat causing alarm”

For the offence of criminal intimidation1, the intention must be to cause alarm to the victim and whether
he is alarmed or not is really of no consequence. However, material has to be brought on record to show
that the intention was to cause alarm to that person. Mere expression of any words, without any intention
to cause alarm, would not be sufficient to bring an application of punishment for criminal intimidation
under the Indian Penal Code 18602.

Intention3 is a mental contention, which has to be gathered from the circumstances of the case4. The
threat must be intended to cause alarm from which it follows that ordinarily it would be sufficient for that
purpose5. The degree of alarm may vary in different cases, but the essential matter is that it is of a nature
and extent to unsettle the mind of the person on whom it operates and take away from his acts, the
elements of free and voluntary action which alone constitute consent6. The gist of the offence of criminal
intimidation is the effect which the threat is intended to have upon the mind of the person threatened. It is
clear that before it may have effect on his mind, it must be either made to him by the person threatening
or communicated to him in some way7. The anxiety and mental anguish caused by an injury threatened
may often be as or even greater than the actual injury. The communication may not necessarily be direct,
i.e. in the presence of the complainant. Threat uttered in the presence of someone with a view to be
communicated to the person threatened is sufficient8. To make it indictable, the threat must be of such
Page 2 of 2
[105.1063] What constitutes “threat causing alarm”

nature as is calculated to overcome a firm and prudent man9. Mere threat to take revenge by false
allegation cannot amount to criminal intimidation10.

1 As to the meaning of “criminal intimidation” see [105.1061].

2 Ie under the Indian Penal Code 1860 section 506 (see [105.1069] and [105.1070]). See Amulya Kumar Behera v
Nabhagana Behera, (1995) Cr LJ 3559 (Ori); Vasant Waman Pradhan v Dattatraya Vithal Salvi, (2004) 1 Mah LJ 487.
3 As to intention as a mental element see Criminal Law-I [105.018] and following.
4 Vasant Waman Pradhan v Dattatraya Vithal Salvi, (2004) 1 Mah LJ 487.
5 Jogendra Kumar Sarkar v Hen Chandra Roy, (1964) Cr LJ 255 (Cal).
6 As to the meaning of “consent” see Criminal Law I [105.151].
7 Gunga Chunder Sen v Gour Chunder Banikya, (1888) ILR 15 Cal 671.
8 Chandi Charan Dutta v Bhubataran Dey, (1964) 2 Cr LJ 85 (Cal).
9 Amulya Kumar Behera v Nabhagana Behera, (1995) Cr LJ 3559 (Ori) (the law distinguishes between threats of actual
violence against the person or such other threats as a man of common firmness may not stand against and other sorts
of threats).
10 Jhamandas Thawerdas v Khemchand Gellaram, AIR 1933 Sind 196.

End of Document
[105.1027] Imprisonment and fine
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (i) Generally

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(i) Generally

[105.1027] Imprisonment and fine

Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine which may extend to one thousand rupees, or with both1.

1 Indian Penal Code 1860 section 342. As to the meaning of “wrongful confinement” see [105.1020].

End of Document
[105.1064] Outbursts of accused during assault
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

A. Introduction

(ii) What Constitutes Criminal Intimidation

[105.1064] Outbursts of accused during assault

Mere outbursts of the accused at the time of assault that he will kill the injured will not attract the
provision of criminal intimidation under the Indian Penal Code 18601.

1 Ie under the Indian Penal Code 1860 section 503 (see [105.1061]): Rajendra Dutt v State of Haryana, (1993) Cr LJ
1025 (P&H).

End of Document
[105.1028] Where wrongful confinement for three or more days
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (A) In General

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(A) In General

[105.1028] Where wrongful confinement for three or more days

Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both1.

1 Indian Penal Code 1860 section 343.

End of Document
[105.1065] Nature of threatened injury
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

B. Essential Elements of Criminal Intimidation

[105.1065] Nature of threatened injury

In order to be liable under the Indian Penal Code 18601 for criminal intimidation, the injury threatened to
be caused must be illegal2. A threat to commit suicide in case complainant proposed to take legal action
against him for amount legally recoverable amounts to criminal intimidation3. Whether the threat did or
did not frighten any person will not affect the question of the liability of the accused person under the said
provision4.

1 Ie under the Indian Penal Code 1860 section 503: see [105.1061].
2 Ragubar Dayal Misra v Emperor, AIR 1931 All 263 (a notice requiring a shop-keeper to agree not to import for sale in
his shop, foreign cloth for a year, together with the threat that in case he continued to sell foreign cloth, his shop would
be picketed was held to amount to an offence of criminal intimidation); Nand Kishore v Emperor, AIR 1927 All 783 :
(1927) 28 Cr LJ 589 (All) (threatening a butcher selling cow meat or beef, that if he bought or sold cow’s meat he would
be sent to jail and his living in the municipality would be threatened was considered to amount to an offence under the
Indian Penal Code 1860 section 503). As to the meaning of “illegal” see Criminal Law I [105.195].
3 Kolla Srinivasa v State, (2005) Cr LJ 2440 (AP).
4 Re AK Gopalan, AIR 1949 Mad 233 : (1950) Cr LJ 258 (Mad) : (1948) 2 Mad LJ 383 (where a speaker at a public
meeting threatened the members of the police force stationed in Malabar with injury to their person, reputation or
property, he was said to have committed the offence of criminal intimidation); Anuradha Kshirsagar v State of
Maharashtra, (1991) Cr LJ 410 (Bom) (where the accused was alleged to have threatened the lady teachers in the hall
Page 2 of 2
[105.1065] Nature of threatened injury

by shouting that the lady teachers must be caught by their hair, kicked in their waist and pulled out of the hall, and
threatening them that he would see how they would remain in the hall, the offence of criminal intimidation is
established).

End of Document
[105.1029] Where wrongful confinement for ten or more days
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (A) In General

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(A) In General

[105.1029] Where wrongful confinement for ten or more days

Whoever wrongfully confines any person for 10 days, or more, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine1.

1 Indian Penal Code 1860 section 344.

End of Document
[105.1066] Application of the
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

C. Scope of Offence

[105.1066] Application of the

Probation of Offenders Act, 1958 The Probation of Offenders Act, 1958 may be applied in appropriate
cases. The Probation of Offenders Act, 1958 was enacted with a view to provide for the release of
offenders of certain categories on probation or after due admonition and for matters connected therewith.
The object of the Probation of Offenders Act, 1958 is to prevent the conversion of youthful offenders into
obdurate criminals as a result of their association with hardened criminals of mature age in case the
youthful offenders are sentenced to undergo imprisonment in jail1.

1 Ramnaresh Pandey v State of Madhya Pradesh, AIR 1974 SC 35 : (1974) 3 SCC 380 : (1974) Cr LJ 153 (SC);
Siyasaran v State of Madhya Pradesh, (1995) Cr LJ 2126 (MP). As to release of offenders see generally Criminal Law-I
[105.421] and following.

End of Document
[105.1030] Wrongful confinement of person for whose liberation writ has
been issued
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (B) Punishments in Specific
Instances

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(B) Punishments in Specific Instances

[105.1030] Wrongful confinement of person for whose liberation writ has

been issued

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person
has been duly issued, shall be punished with imprisonment of either description for a term which may
extend to two years in addition to any term of imprisonment to which he may be liable under any other
provision of the Indian Penal Code 18601.

1 Ie under any other section of the Indian Penal Code 1860 Chapter XVI: see the Indian Penal Code 1860 section 345.
Page 2 of 2
[105.1030] Wrongful confinement of person for whose liberation writ has been issued

End of Document
[105.1067] Criminal intimidation by anonymous communication
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

D. Different Forms of Criminal Intimidation

[105.1067] Criminal intimidation by anonymous communication

Whoever commits the offence of criminal intimidation1 by an anonymous communication, or having taken
precaution to conceal the name or abode of the person from whom the threat comes, shall be punished
with imprisonment of either description for a term which may extend to two years, in addition to the
punishment provided for the offence of criminal intimidation by the Indian Penal Code 18602.

A person who extorts money by sending anonymous letters as if from God, conveying threats of Divine
punishment if a specified sum of money be not paid to certain person identifiable by the description given
in the letters cannot be held guilty under the above-mentioned provision as it does not lie in his power
either to inflict the threatened punishment or cause it to be inflicted3. For convicting the author of an
anonymous letter, vital proof against him is required4.

1 As to the meaning of “criminal intimidation” see [105.1061].

2 Ie by the Indian Penal Code 1860 section 506 (see [105.1069] and [105.1070]): see the Indian Penal Code 1860
section 507.
3 Doraswamy Ayyar, (1924) ILR 48 Mad 774.
4 Magan Behari Lal v State of Punjab, AIR 1977 SC 1091 [LNIND 1977 SC 85]: (1977) 2 SCC 210 [LNIND 1977 SC 85] :
(1977) Cr LJ 711 (SC).
Page 2 of 2
[105.1067] Criminal intimidation by anonymous communication

End of Document
[105.1031] Wrongful confinement in secret
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (B) Punishments in Specific
Instances

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(B) Punishments in Specific Instances

[105.1031] Wrongful confinement in secret

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement
of such person may not be known to any person interested in the person so confined, or to any public
servant1, or that the place of such confinement may not be known to or discovered by any such person or
public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a
term which may extend to two years in addition to any other punishment to which he may be liable for
such wrongful confinement2.

1 As to the meaning of “public servant” see Criminal Law-I [105.512]–[105.523].

2 Indian Penal Code 1860 section 346.
Page 2 of 2
[105.1031] Wrongful confinement in secret

End of Document
[105.1068] Criminal intimidation by belief of causing divine displeasure
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

D. Different Forms of Criminal Intimidation

[105.1068] Criminal intimidation by belief of causing divine displeasure

Whoever voluntarily causes or attempts to cause any person to do anything which that person is not
legally bound to do1, or to omit to do anything which he is legally entitled to do, by inducing or attempting
to induce that person to believe that he or any person in whom he is interested will become or will be
rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it
is the object of the offender to cause him to do, or if he does the thing which it is the object of the
offender to cause him to omit, shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both2.

The essence of the offence under the above-stated provision is that the person intended to be harmed by
the threatened Divine displeasure must be he himself and the Divine displeasure must by some act be
done by the offender3.

1 As to the meaning of “legally bound to do” see Criminal Law I [105.195].

2 Indian Penal Code 1860 section 508.
Indian Penal Code 1860 section 508 illustration (a): A sits in dhurna at Z’s door with the intention of causing it to be
believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this
section.
Page 2 of 2
[105.1068] Criminal intimidation by belief of causing divine displeasure

Indian Penal Code 1860 section 508 illustration (b): A threatens Z that, unless Z performs a certain act, A will kill one of
A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine
displeasure. A has committed the offence defined in this section.
3 Tanumal Udhasing v Emperor, AIR 1944 Sind 203,

End of Document
[105.1032] Wrongful confinement to extort property or constrain to illegal
act
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (B) Punishments in Specific
Instances

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(B) Punishments in Specific Instances

[105.1032] Wrongful confinement to extort property or constrain to illegal act

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from
any person interested in the person confined, any property or valuable security or of constraining the
person confined or any person interested in such person to do anything illegal or to give any information
which may facilitate the commission of an offence, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine1.

Where the accused intentionally causes fear of injury in the mind of a person and dishonestly2 induces
him to place his thumb-impression upon paper, capable of being converted into a valuable security3, his
conviction under the Indian Penal Code 18604 is correct5. The words “corruptly” or “maliciously” in the
Indian Penal Code 18606, are wide enough to cover confinement for the purpose of extortion7.
Page 2 of 2
[105.1032] Wrongful confinement to extort property or constrain to illegal act

1 Indian Penal Code 1860 section 347.

2 As to the meaning of “dishonestly” see Criminal Law-I [105.028].
3 Ie under the Indian Penal Code 1860 section 30: see Criminal Law-I [105.604].
4 Ie under the Indian Penal Code 1860 section 347.
5 Batisa Singh v Emperor, AIR 1932 Pat 335 : (1933) 34 Cr LJ 81 (Pat).
6 Ie in the Indian Penal Code 1860 section 220: see Criminal Law-I [105.700].
7 Mansharam Gianchand v Emperor, AIR 1941 Sind 36 : (1941) 42 Cr LJ 460 (Sind) (such an offence falls under the
Indian Penal Code 1860 section 220 and not under the Indian Penal Code 1860 section 347 or 342, and is further
triable only by a court of session).

End of Document
[105.1069] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

E. Punishment for Criminal Intimidation

[105.1069] Generally

Whoever commits the offence of criminal intimidation1 shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both2.

1 As to the meaning of criminal intimidation see [105.1061].

2 Indian Penal Code 1860 section 506 para 1.

End of Document
[105.1033] Wrongful confinement to extort confession or compel restoration
of property
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (2) WRONGFUL CONFINEMENT > D.
Punishment for Wrongful Confinement > (ii) Punishments > (B) Punishments in Specific
Instances

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(2) WRONGFUL CONFINEMENT

D. Punishment for Wrongful Confinement

(ii) Punishments

(B) Punishments in Specific Instances

[105.1033] Wrongful confinement to extort confession or compel restoration

of property

Whoever wrongfully confines any person for the purpose of extorting from the person confined or any
person interested in the person confined any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the person confined or any
person interested in the person confined to restore or to cause the restoration of any property1 or
valuable security2 or to satisfy any claim or demand, or to give information which may lead to the
restoration of any property or valuable security, shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine3.

Physical presence of a police officer-in-charge, on whose orders a detenue was arrested, confined and
given beating, is not necessary for conviction under the above-stated provision4. A police officer who
detains a person who is not concerned with any investigation for more than twenty-four hours is guilty of
Page 2 of 2
[105.1033] Wrongful confinement to extort confession or compel restoration of property

the offence under the said provision5. Police offeciers who beat and torture persons even after their
surrendere to them can be held guilty under the said provision6.

1 As to the meaning of “property” see Criminal Law-I [105.626].

2 As to the meaning of “valuable security” see Criminal Law-I [105.604].
3 Indian Penal Code 1860 section 348. Where certain suspects who, being taken by a police officer for investigation and
detained during the period of investigation were not asked to go away but being ignorant and illiterate, stayed because
they persuaded themselves they must, it was presumed that it was wrongful confinement in the technical sense and in
the absence of a clear and convincing evidence that they were asked to go away after their examination, it was
construed that they stayed in the premises out of obedience to an express or implied orders of the officers and,
therefore, they stayed against their will: Re Dinanath Ganpat Rai, AIR 1940 Ngp 186 : (1940) 41 Cr LJ 757 (Nag).
4 Anup Singh v State of Himachal Pradesh, AIR 1995 SC 1941 : (1997) SCC (Cr) 403 : (1995) Cr LJ 3223 (SC).
5 Re B Titus, AIR 1941 Mad 720 [LNIND 1941 MAD 62]: (1942) 43 Cr LJ 3 (Mad).
6 Ajay Kumar Singh v State (National Capital Territory) of Delhi, (2007) Cr LJ 3545 (Del).

End of Document
[105.1070] Where threat be to cause death or grievous hurt
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(1) CRIMINAL INTIMIDATION

E. Punishment for Criminal Intimidation

[105.1070] Where threat be to cause death or grievous hurt

Whoever commits the offence of criminal intimidation1 and the threat be to cause death or grievous hurt2,
or to cause the destruction of any property by fire, or to cause an offence punishable with death or
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 fine, or with both3.

1 As to the meaning of “criminal intimidation” see [105.1061].

2 As to the meaning of “grievous hurt” see [105.0979].
3 Indian Penal Code 1860 section 506 para 2.

End of Document
[105.1034] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 7. WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT > (3) DISTINCTION BETWEEN WRONGFUL
RESTRAINT AND WRONGFUL CONFINEMENT

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

7. WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

(3) DISTINCTION BETWEEN WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

[105.1034] Generally

The offence of “wrongful restraint”1 is linear in its scope while “wrongful confinement”2 is circular in
character. Wrongful restraint is keeping a man out of a place where he wishes to be and has a right to
be. A person may obstruct another by causing it to appear to that other that it is impossible, difficult or
dangerous to proceed as well as by causing it actually to be impossible, difficult or dangerous for that
other to proceed. The obstruction must be physical. A verbal prohibition or demonstrance does not
amount to such obstruction. The offence is an abridgement of the liberty of the person against his will. In
wrongful restraint, there need not be stoppage of the movement. It may be directed to a channel different
from the direction in which the victim intends to move3.

1 As to the meaning of “wrongful restraint” see [105.1012].

2 As to the meaning of “wrongful confinement” see [105.1020].
3 Madala Peraiah v Voruganti Chendriah, AIR 1954 Mad 247 [LNIND 1951 MAD 314]: (1954) Cr LJ 283 (Mad).

End of Document
[105.1071] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(2) INSULT

A. Intentional Insult

[105.1071] Generally

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be
likely that such provocation will cause him to break the public peace, or to commit any other offence,
shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both1.

The manner of addressing a person may constitute insult2. However, mere breach of good manners does
not constitute an offence. What is essential to make out an offence under the above-stated provision is
not just the reaction of the complainant, for that would vary depending on the sensitiveness of each
individual, but the intention of the offender knowing that such provocation would likely result in the person
provoked to commit an offence3. Whether an insult was intentional or not is a question of fact and not of
law. The test is that it must give provocation to cause a breach of public peace4.

Where the charge is an insult by words, the words must amount to something more than what in English
law is called “mere verbal abuse”. Where abusive language is used in such circumstances that the court
comes to the conclusion that it may not possibly have been intended, and may not have been understood
by those to whom it was addressed to have been intended, to be taken literally, the language may not be
held to amount to intentional insult5. Mere abuse will not be sufficient, without any intention, to cause
breach of peace, or knowledge that the breach of peace is likely to occur6. The question as to whether
mere abuse would amount to an offence under the provision stated hereinbefore would depend upon
several circumstances, such as the respective status of the parties, nature of abuse and other factors7.
Page 2 of 2
[105.1071] Generally

The utterances or gestures of the accused should be sufficient to give provocation to complainant to
commit breach of peace or any other offence8.

1 Indian Penal Code 1860 section 504.

2 Ramesh Kumar v Sushila Srivastava, (1997) Cr LJ 282 (Raj).
3 Abraham v State, AIR 1960 Ker 236 [LNIND 1960 KER 34]: (1960) Cr LJ 910 (Ker).
4 Gaurishankar v Bachha Singh, AIR 1939 Pat 27 : (1938) 39 Cr LJ 980 (Pat).
5 Philip Rangel v Emperor, AIR 1932 Bom 193 (Bom) : (1932) 33 Cr LJ 463 (Bom).
6 BR Meena v Mangal Das Chiman Lal Barot, (1987) Supp SCC 597; Mohd Ibrahim v State of Bihar, (2009) 8 SCC 751
[LNIND 2009 SC 1774].
7 Ram Chandra Singh v Nabrang Rai Barma, (1998) Cr LJ 2156 (Ori).
8 Vasant Waman Pradhan v Dattatraya Vithal Salvi, (2004) 1 Mah LJ 487.

End of Document
[105.1072] Intention or knowledge that insult would cause breach of peace
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(2) INSULT

A. Intentional Insult

[105.1072] Intention or knowledge that insult would cause breach of peace

The essential aspect of the offence of causing breach of peace under the Indian Penal Code 18601 is to
utter, or provoke the victim, by words to commit an immediate breach of peace. For this to happen, the
perpetrator ought to have directly uttered the words in the presence of the complainant or conveyed it to
him in writing or through other means2. The threat of breach of peace must also be immediately after the
provocation or so soon thereafter that it must form part of res gestae of the offence3.

In dealing with an offence under the said provision, the court has not to consider the reaction of the
person insulted to the insult made to him. An intentional insult and the resultant provocation which, under
ordinary circumstances, would lead to breach of the public peace or an offence to be committed by the
person insulted would render the offender liable for this provision and he would not be protected from the
consequences of his act merely because the insulted person exercised self-control or being terrified by
the insult or overawed by the person of the offender did not actually break the peace or commit an
offence4. The complainant must have direct knowledge whether or not the offender had actually used the
insulting term and the fact that the evidence was based on a news item, which appeared in a newspaper,
was no basis for proceeding with the prosecution5.

1 Ie under the Indian Penal Code 1860 section 504: see [105.1071].
Page 2 of 2
[105.1072] Intention or knowledge that insult would cause breach of peace

2 M Munuswami Naicker v P Kanniappa Naicker, AIR 1950 Mad 273 [LNIND 1949 MAD 178]: (1951) Cr LJ 704 (Mad) :
(1949) 2 Mad LJ 767 (where the allegation was that the accused told others to convey the insulting words to the
complainant, it was questionable if that would be said to be sufficient to cause breach of peace).
3 Mohammed Ibrahim Maracayar v Ismail Maracayar, AIR 1949 Mad 760 [LNIND 1949 MAD 240]: (1951) Cr LJ 173
(Mad) (a father in Vellore had written to his daughter and son-in-law a letter which was undoubtedly, very insulting;
however, for the letter to be said to cause the threat of breach of peace, the offended daughter and her husband would
have had to travel from their house to Vellore, wait for their father, and thereafter, only the breach of peace could occur;
this was not the breach of peace the Indian Penal Code 1860 section 504 contemplated). As to res gestae see
Evidence [145.006].
4 Karumanchi Veerangaiah v Katta Mark, (1976) Cr LJ 1690 (AP). See also Abraham v State, AIR 1960 Ker 236 [LNIND
1960 KER 34]: (1960) Cr LJ 910 (Ker); Serei Behera v Bipin Roy, AIR 1959 Ori 155 [LNIND 1958 ORI 63]: (1959) Cr
LJ 1096 (Ori); Re S Gopal, AIR 1953 Mad 413 [LNIND 1951 MAD 283]: (1953) Cr LJ 744 (Mad).
5 Laloo Prasad v State of Bihar, (1997) 2 Crimes 498 (Pat).

End of Document
[105.1073] Meaning of “modesty”
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (2) INSULT > B. Insulting Modesty of Women > (i)
Generally

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(2) INSULT

B. Insulting Modesty of Women

(i) Generally

[105.1073] Meaning of “modesty”

The essence of a woman’s modesty is her sex. A female of tender age also from birth, possesses
modesty, which is the attribute of her sex. The culpable intention of the accused is the crux of the matter.
The reaction of a woman is very relevant but its absence is not always decisive. When any act is done to
or in the presence of a woman and is clearly suggestive of sex according to common notions of mankind,
that act must fall within the mischief of the provision of the Indian Penal Code 18601.

1 Ie within the mischief of the Indian Penal Code 1860 section 509 (see also [105.1074]). See State of Punjab v Major
Singh, AIR 1967 SC 63 [LNIND 1966 SC 130]: (1967) Cr LJ 1 (SC) (where the accused, with a corrupt mind, stealthily
touches the flesh of a sleeping woman who may be an idiot, or under the spell of anaesthesia, or sleeping, or unable to
appreciate the significance of the act, nevertheless, the offender is punishable under the Indian Penal Code 1860
section 509); Rupan Deol Bajaj v Kanwar Pal Singh Gill, AIR 1996 SC 309 [LNIND 1995 SC 981]: (1995) 6 SCC 194
[LNIND 1995 SC 981] : (1995) SCC (Cr) 1059 (the ultimate test for ascertaining whether the modesty has been
outraged is the action of the offender such as might be perceived as one which is capable of shocking the sense of
decency of a woman). Also Aman Kumar v State of Haryana, AIR 2004 SC 1497 [LNIND 2004 SC 184]: (2004) 4 SCC
379 [LNIND 2004 SC 184] : (2004) Cr LJ 1399 (SC); Ramkripal Shyamlal Charmakar v State of Madhya Pradesh,
(2006) 10 SCC 725 [LNIND 2006 SC 854] : (2007) Cr LJ 2302 (SC).
Page 2 of 2
[105.1073] Meaning of “modesty”

End of Document
[105.1074] Words, gestures or acts intended to insult the modesty of
women
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (2) INSULT > B. Insulting Modesty of Women > (i)
Generally

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(2) INSULT

B. Insulting Modesty of Women

(i) Generally

[105.1074] Words, gestures or acts intended to insult the modesty of women

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture,
or exhibits any object, intending that such word or sound shall be heard, or that gesture or object shall be
seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple
imprisonment for a term which may extend to three years, and also with fine1.

1 Indian Penal Code 1860 section 509.

End of Document
[105.1075] Statements conducing to public mischief
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

A. Acts against Public Tranquility

[105.1075] Statements conducing to public mischief

Whoever makes, publishes, or circulates any statement, rumour or report:

(a) with the intent to cause, or which is likely to cause, any officer, soldier, sailor or airman, in the
Army, Navy or Air force of India to mutiny or otherwise disregard or fail in his duty as such1; or
(b) with the intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of
the public whereby any person may be induced to commit an offence against the State, or
against the public tranquility2; or
(c) with the intent to incite, or which is likely to incite, any class or community of persons to commit
any offence against any other class or community3,

shall be punished with imprisonment which may extend to three years, or with fine, or with
both4.

All the three clauses, (a) to (c), of the above-mentioned provision have reference to, and direct effect on,
the security of the State and public order. The Indian Penal Code 1860 section 505(1) does not exceed
the bounds of reasonable restrictions on the fundamental right of freedom of speech and expression
guaranteed under the Constitution of India and therefore it is not ultra vires to the Constitution5.
Page 2 of 2
[105.1075] Statements conducing to public mischief

1 Indian Penal Code 1860 section 505(1)(a).

2 Indian Penal Code 1860 section 505(1)(b).
3 Indian Penal Code 1860 section 505(1)(c).
4 Indian Penal Code 1860 section 505(1).
5 Kedar Nath Singh v State of Bihar, AIR 1962 SC 955 [LNIND 1962 SC 21]: (1962) Cr LJ 103 (SC).

End of Document
[105.1076] Misconduct in public by drunken persons
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

A. Acts against Public Tranquility

[105.1076] Misconduct in public by drunken persons

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in
him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall
be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine
which may extend to ten rupees, or with both1.

1 Indian Penal Code 1860 section 510.

End of Document
[105.1077] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (i) Introduction

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(i) Introduction

[105.1077] Generally

Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with
intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of
birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity,
hatred or ill-will between different religious, racial, language or regional groups or castes or communities,
shall be punished with imprisonment which may extend to three years, or with fine, or with both1.

1 Indian Penal Code 1860 section 505(2).

End of Document
[105.1078] In place of worship
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (i) Introduction

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(i) Introduction

[105.1078] In place of worship

Whoever commits an offence specified under the Indian Penal Code 18601 in any place of worship or in
any assembly engaged in the performance of religious worship or religious ceremonies, shall be
punished with imprisonment which may extend to five years and shall also be liable to fine2.

1 Ie under the Indian Penal Code 1860 section 505(2): see [105.1077].
2 Indian Penal Code 1860 section 505(3).

End of Document
[105.1079] Truth and good faith as defence
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (i) Introduction

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(i) Introduction

[105.1079] Truth and good faith as defence

It does not amount to an offence, within the meaning of the Indian Penal Code 18601 when the person
making, publishing or circulating any such statement, rumour or report, has reasonable grounds for
believing that such statement, rumour or report is true and makes, publishes or circulates it, in good faith
and without any such intent as above stated2.

1 Ie within the meaning of the Indian Penal Code 1860 section 505: see [105.1075]–[105.1078].
2 Indian Penal Code 1860 section 505 exception.
Indian Penal Code 1860 section 505 exception: It does not amount to an offence, within the meaning of this section,
when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for
believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith without any
such intent aforesaid.

End of Document
[105.1080] Test for determining promoting enmity or hatred or ill-will
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (i) Introduction

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(i) Introduction

[105.1080] Test for determining promoting enmity or hatred or ill-will

The effect of words must be judged from the standards of a reasonable, strong-minded, firm and
courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every
hostile point of view. It is the standard of the ordinary reasonable man or as they say in English law “the
man on the top of a Clapham omnibus”1.

1 Manzar Sayeed Khan v State of Maharashtra, (2007) 5 SCC 1 [LNIND 2007 SC 437] : AIR 2007 SC 2074 [LNIND
2007 SC 437]: 2007 Cr LJ 2959.

End of Document
[105.1081] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (ii) Distinguished from Freedom of Speech and Expression

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(ii) Distinguished from Freedom of Speech and Expression

[105.1081] Generally

The Indian Penal Code 18601 places a definite restriction on the freedom of speech and expression2,
nevertheless the offence committed must be strictly construed in favour of the defence3. Each one of the
constituent elements of the offence under the said provision of the Indian Penal Code 18604 has
reference to, and a direct effect on, the security of State and public order. The provision does not exceed
the bounds of reasonable restriction on the right of freedom of speech and expression5.

1 Ie under the Indian Penal Code 1860 section 505: see [105.1075]–[105.1078].
2 As to freedom of speech and expression see generally [80] constitutional law.
3 Kali Charan Mohapatra v Srinivas Sahu, AIR 1960 Ori 65 [LNIND 1959 ORI 73]: (1960) Cr LJ 497 (Ori) (the legitimate
ventilation of grievances by means of publication of a pamphlet, that some sections of the public may have had against
the local authorities, must not be checked by initiating a prosecution under the above stated provision of the Indian
Penal Code 1860).
With reference to the Indian Penal Code 1860 section 505(1)–(3), it would be found that the gravamen of the offence is
making, publishing or circulating any statement, rumour or report: with intent to cause or which is likely to cause any
Page 2 of 2
[105.1081] Generally

member of the Army, Navy or Air Force to mutiny or to otherwise disregard or fail in his duty; or to cause fear or alarm
to the public or a section of the public which may induce the commission of an offence against the State or against
public tranquility; or ‘to incite or which is likely to incite one class or community to commit an offence against any other
class or community: Kedar Nath Singh v State of Bihar, AIR 1962 SC 955 [LNIND 1962 SC 21]: (1962) Cr LJ 103 (SC).
4 Ie under the Indian Penal Code 1860 section 505(1).
5 Kedar Nath Singh v State of Bihar, AIR 1962 SC 955 [LNIND 1962 SC 21]: (1962) Cr LJ 103 (SC).

End of Document
[105.1082] Generally
Halsbury's Laws of India Criminal Law II,Vol 11), 2nd Edn

Halsbury's Laws of India Criminal Law II,Vol 11) , 2nd Edn > Halsbury's Laws of India (Criminal
Law II, Vol 11) 2nd ed > Part A Offences Affecting the Human Body > 9. CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE > (3) ANNOYANCE > B. Statements Creating or
Promoting Enmity, Hatred or Ill-will > (iii) Distinguished from Promoting Enmity between
Different Groups

105 - Halsbury's Laws of India (Criminal Law II, Vol 11) 2nd ed

Part A Offences Affecting the Human Body

9. CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

(3) ANNOYANCE

B. Statements Creating or Promoting Enmity, Hatred or Ill-will

(iii) Distinguished from Promoting Enmity between Different Groups

[105.1082] Generally

The words “whoever makes, publishes or circulates” under the Indian Penal Code 18601 may not be
interpreted disjunctively, but only as supplementary to each other. Where it is construed disjunctively,
anyone who makes a statement falling within the meaning of the above-stated provision would, without
publication or circulation, be liable to conviction. The intention of the legislature is providing two different
provisions of the Indian Penal Code 18602 on the same subject which would have been to cover two
different fields of similar colour. The fact that both provisions are included as a package in the same
amending enactment, lends further support to the said construction. The common feature in both
offences being promotion of ill-feeling or enmity or ill-will between different religious or racial or linguistic
or regional groups or castes or communities, it is essential that there be at least two such groups or
communities involved. Merely inciting the feeling of one community or group without reference to any
other community or group cannot attract either of the two sections3.

1 Ie under the Indian Penal Code 1860 section 505(2): see [105.1077].
Page 2 of 2
[105.1082] Generally

2 Ie under the Indian Penal Code 1860 sections 153A and 505(2). For section 153A see [105.502]-[105.509].
3 The same is the effect with the Indian Penal Code 1860 section 153A also and then that provision would have been
bad for redundancy: Bilal Ahmed Kaloo v State of Andhra Pradesh, AIR 1997 SC 3483 [LNIND 1997 SC 1060]: (1997)
Cr LJ 4091 (SC) (the main distinction between the two provisions is that while publication of the words or expression is
not necessary for an offence under the Indian Penal Code 1860 section 153A, such publication is a “sine qua non” for
the Indian Penal Code 1860 section 505(2)). Also see Manzar Sayeed Khan v State of Maharashtra, (2007) 5 SCC 1
[LNIND 2007 SC 437], AIR 2007 SC 2074 [LNIND 2007 SC 437]: 2007 Cr LJ 2959.

End of Document

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