POA 6 POA and IPC sections

Relevant sections of POA in relation to IPC and other Acts Page [1]
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Relevant Sections of POA vis a vis the Indian Penal Code and other Acts
Relevant sections to be included in FIR/Charge Sheet
POA Relevant sections of IPC Others
Section Section 3. Punishments for offences of atrocities – (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,
3(1)(i) forces a member to drink
or eat any inedible or
obnoxious substance;
Section 328. Causing hurt by means of poison, etc. with intent to commit an offence-Whoever
administers to or causes to be taken by any person any poison or any stupefying, intoxicating
or unwholesome drug, or other thing with intent to cause hurt such person, or with intent to
commit or to facilitate the commission of an offence or knowing in to be likely that he will
thereby cause hurt, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
3(1)(ii) acts by dumping excreta,
waste matter, carcasses
or any other obnoxious
substance.
Section 268. Public nuisance- A person is guilty of a public nuisance who does not act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the
public or to the people in general who dwell or occupy property in the vicinity, or which must
necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion
to use any public right. A common nuisance is not excused on the ground that it causes some
convenience or advantage.
S. 295- Injuring or defiling place of worship with intent to insult the religion or class
S. 290- Public Nuisance
S. 278- Making atmosphere noxious to health
3(1)(iii) forcibly removes clothes
or parades naked or with
painted face or body or
commits any similar act.
S. 503- Criminal Intimidation
S. 504- Intentional insult with intent to provoke breach of the peace
3(1)(iv) wrongfully occupies or
cultivates any land or
gets the land transferred;
S. 403- Dishonest misappropriation of property
Ss. 441 and 447- Criminal Trespass
Ss. 463 and 465, 464, 467, 468, 470 and 471
3(1)(v) wrongfully dispossesses
from land or premises or
interferes with the
enjoyment of rights over
any land, premises or
water;
S. 4, PCRA-
3(1)(vi) compels or entices to do
'beggar, or bonded
labour;
Section 374. Unlawful compulsory labour-Whoever unlawfully compels any person to labour
against the will of that person, shall be punished with imprisonment of either description for a
term which may extend to one year, or with both.
S. 7A, PCRA-
Unlawful
compulsory
labour

3(1)(vii) forces or intimidates not
to vote or to vote to a
particular candidate or to
vote in a manner other
than that provided by
law;
Section 171 C & F. Undue influence or impersonation at an election- Whoever commits the
offence of undue influence of personation at an election shall be punished with imprisonment
of either description for a term which may extend to one year or with fine, or with both.
3(1)(viii) institutes false, suit or
criminal or other legal
proceedings ;
S. 203- Giving false information respecting an offence committed
S. 209- Dishonestly making false claim in Court
S. 211- False charge of offence made with intent to injure
S. 321- Voluntarily causing hurt
S. 499, 500- Defamation and Punishment for Defamation:
3(1)(ix) gives, false Information
to public servant and
thereby causes such
public servant to use his
lawful power ;
Section 182- False information, with intent to cause public servant to use his lawful power to
the injury of another person-Whoever gives to any public servant any information which he
knows or believes to be false, intending thereby to cause, or knowing it to be likely that the will
thereby cause, such public servant-
(a) To do or omit anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him, or
(b) To use the lawful power of such public servant to the injury or annoyance of any person,
Shall be punished with imprisonment of either description for a term which may extend to six
month, or with fine which may extend to one thousand rupees, or with both.
3(1)(x) Intentionally insults or
intimidates to humiliate
in public view.
Section 506. Punishment for criminal intimidation-Whoever commits, the offence of criminal
intimidation shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc.: -And if the threat be to cause death or
grievous hurt, or to cause the destruction of any property by fire, or to cause an offence
punishable with death or [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 both.
S. 499, 500- Defamation and Punishment for Defamation:
S. 7(1)(d),
PCRA- insult
or attempt on
ground of
untouchability

3(1)(xi) Assaults or uses force to
dishonour or outrage
modesty
Section 354. Assault or criminal force to woman with intent to outrage her modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be
likely that he will thereby outrage her modesty, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
3(1)(xii) being in a position to
dominate the will of a
woman exploit her
sexually,
Section 376. Punishment for rape- (1) Whoever, except in the cases provided for by sub-section
(2), commits rape shall be punished with imprisonment of either description for a term which
shall not be less than seven years but which may be for life or for a term which may extend to
ten years and shall also be liable to fine unless the woman raped is his own wife and is not
under twelve years of age, in which cases, he shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or with both.
S. 376 B- Intercourse by a public servant with a women in his custody
S. 376 C- Intercourse by superintendent of jail, remand home etc.
S. 376 D- Intercourse by any member of management or staff of a hospital
3(1)(xiii) corrupts or fouls the
water of any spring,
reservoir or any other
source;
Section 277. Fouling water of public spring or reservoir-Whoever voluntarily corrupts or fouls
the water of any public spring or reservoir, so as to render it less fit for the purpose for which it
is ordinarily used, 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
both.
Ss. 268 and 290- Public Nuisance
3(1)(xiv) denies or obstructs any
customary right of
passage to a place of
public resort;
Section 283. Danger or obstruction in public way or line of navigation
Whoever, by doing any act, or by omitting to take order with any property in his possession or
under his charge, causes danger, obstruction or injury to any person in any public way or public
line of navigation, shall be punished with fine which may extend to two hundred rupees.
Ss. 339 and 341- Wrongful restraint
S. 3(a), PCRA-
S. 4 (i) (iv) (v)
(vi) (vii) (ix)
and (x), PCRA-
S. 5(a), PCRA
3(1)(xv) forces or causes to leave
house, village or other
place of residence

Relevant sections to be included in the FIR/Charge Sheet
POA IPC Others
Section Section 3(2)- Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe
3(2)(i) gives or fabricates false
evidence to cause any
member to be convicted
of an offence which is
capital by the law.
Section 194. Giving or fabricating false evidence with intent to procure conviction of capital
offence- Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it
to be likely that he will thereby cause, any person to be convicted of an offence which is capital
[by the law for the time being in force in [India]] shall be punished with [imprisonment for life],
or with rigorous imprisonment for a term which may extend to ten years, and shall also be
liable to fine; if innocent person be thereby convicted and executed.-and if an innocent person
be convicted and executed in consequence of such false evidence, the person who gives such
false evidence shall be punished either with death or the punishment hereinbefore described.
3(2)(ii) gives or fabricates false
evidence to cause, any
member to be convicted
of an offence which is
punishable with
imprisonment for a term
of seven years or
upwards
Section 195. Giving or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or imprisonment-Whoever gives or fabricates false
evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any
person to be convicted of an offence which [by the law for the time being in force in [India] is
not capital, but punishable with [imprisonment for life], or imprisonment for a term of seven
years or upwards, shall be punished as a person convicted of that offence would be liable to be
punished.
S. 196- Using evidence known to be false
S. 209- Dishonestly making false claim in Court
3(2)(iii) Commits mischief by fire
or any explosive
substance thereby cause
damage to any property.
Section 435. Mischief by fire or explosive substance with intent to cause damage to amount of
one hundred or (in case of agricultural produce) ten rupees-Whoever commits mischief by fire
or any explosive substance intending to cause, or knowing it to be likely that he will thereby
cause, damage to any property to the amount of one hundred rupees or upwards [or(where the
property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to
fine.

POA IPC Others
3(2)(iv) commits mischief by fire
or any explosive
substance thereby cause
destruction of any
building which is
ordinarily used as a place
or worship or as a place
for human dwelling or as
a place for custody of the
property
Section 436. Mischief by fire or explosive substance with intent to destroy house, etc- Whoever
commits mischief by fire or any explosive substance, intending to cause, or knowing it to be
likely that he will thereby cause, the destruction of any building which is ordinarily used as a
place of worship or as a human dwelling or as a place for the custody of property, shall be
punished with [imprisonment for life], or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
3(2)(v) commits any offence
under the Indian Penal
Code punishable with
of ten years.
Ss. 115 (Part 2), 302, 304, 305, 306, 307, 326, 327, 329, 364-366, 372, 373, 376, 377, 386,
388, 389, 392, 394, 395, 396, 397, 398, 399, 436, 450, 455, 458. 459, 460
3(2)(vi) Causes any evidence of
the commission of that
offence to disappear with
the intention of screening
the offender from legal
punishment, or with that
intention gives any
information respecting
the offence which he
knows to be false,
Section 201. Causing disappearance of evidence of offence, or giving false information to
screen offender- Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear, with the
intention of screening the offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be false, If a capital offence.-
shall, if the offence which he knows or believes to have been committed is punishable with
death, be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
If punishable with imprisonment for life.- and if the offence is punishable with [imprisonment
for life], or with imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also
be liable to fine; If punishable with less than ten years' imprisonment.- And if the offence is
punishable with imprisonment for any term not extending to ten years, shall be punished with
imprisonment of the description provided for the offence, for a term which may extend to one-
fourth part of the longest term of the imprisonment provided for the offence, or with fine, or
with both.
S. 177- Furnishing false evidence
S. 191- Giving False Evidence
S. 192- Fabricating False Evidence
S. 193- Punishment for giving false evidence
S. 199- False statement made in declaration which by law is received as evidence

POA IPC Others
3(2)(vii) being a public servant,
commits any offence
under this section, shall
be punishable with
which shall not be less
than one year but which
may extend to the
punishment provided for
that offence.
4 Whoever, being a public
servant but not being a
member of a Scheduled
Caste or a Scheduled
Tribe, wilfully neglects his
duties required to be
performed by him under
this Act, shall be
punishable with
which shall not be less
than six months but
which may extend to one
year.
S. 119- Public servant concealing design to commit offence who is duty bound to prevent
S. 166- Public servant disobeying law intentionally to cause injury
S. 167- Public servant framing an incorrect document intentionally to cause injury
S. 200- Using as true such declaration knowing it to be false
S. 202- Intentional omission to give information of offence by a person bound to inform
S. 217- Public servant disobeying direction of law with intent to save person from punishment
S. 218- Public servant framing incorrect record or writing with an intent to save person from
punishment
S. 219- Public servant in judicial proceeding corruptly making report etc. contrary to law
S. 220- Commitment for trial or confinement contrary to law
S. 225 A- Omission to apprehend or sufferance of escape on part of public servant
S. 209- Dishonestly making false claim in court
S. 405- Criminal breach of trust
This material is compiled from seminal work by Rahul Singh (rahul@ncdhr.org.in) and Nadim Nikhat (nadimnikhat@gmail.com)

POA 6 POA and IPC sections

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