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POA 6 POA and IPC sections
POA 6 POA and IPC sections
POA 6 POA and IPC sections
POA 6 POA and IPC sections
POA 6 POA and IPC sections
POA 6 POA and IPC sections
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POA 6 POA and IPC sections

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Most often the FIRs and chargesheets do not mention the right sections of the POA included. Sometimes it is because the police officer is ignorant. This file has the POA sections along with the …

Most often the FIRs and chargesheets do not mention the right sections of the POA included. Sometimes it is because the police officer is ignorant. This file has the POA sections along with the appropriate IPC sections and can be used to assist the police officer from the FIR till the Charge sheet stage.

Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).

Download the whole set and use!

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  • 1. Relevant sections of POA in relation to IPC and other Acts Page [1] mobile: +91.80.8850.6595 email: training@openspace.org.in 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. 403- Dishonest misappropriation of property S. 503- Criminal Intimidation 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
  • 2. Relevant sections of POA in relation to IPC and other Acts Page [2] mobile: +91.80.8850.6595 email: training@openspace.org.in Relevant sections to be included in FIR/Charge Sheet POA Relevant sections of IPC Others 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: S. 503- Criminal Intimidation 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. 321- Voluntarily causing hurt S. 499, 500- Defamation and Punishment for Defamation: S. 503- Criminal Intimidation S. 504- Intentional insult with intent to provoke breach of the peace S. 7(1)(d), PCRA- insult or attempt on ground of untouchability
  • 3. Relevant sections of POA in relation to IPC and other Acts Page [3] mobile: +91.80.8850.6595 email: training@openspace.org.in Relevant sections to be included in FIR/Charge Sheet POA Relevant sections of IPC Others 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. 403- Dishonest misappropriation of property S. 503- Criminal Intimidation S. 504- Intentional insult with intent to provoke breach of the peace 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 S. 321- Voluntarily causing hurt S. 403- Dishonest misappropriation of property S. 503- Criminal Intimidation S. 504- Intentional insult with intent to provoke breach of the peace
  • 4. Relevant sections of POA in relation to IPC and other Acts Page [4] mobile: +91.80.8850.6595 email: training@openspace.org.in 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. 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 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.
  • 5. Relevant sections of POA in relation to IPC and other Acts Page [5] mobile: +91.80.8850.6595 email: training@openspace.org.in Relevant sections to be included in the FIR/Charge Sheet 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 imprisonment for a term 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
  • 6. Relevant sections of POA in relation to IPC and other Acts Page [6] mobile: +91.80.8850.6595 email: training@openspace.org.in Relevant sections to be included in the FIR/Charge Sheet POA IPC Others 3(2)(vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term 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 imprisonment for a term 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. 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. 405- Criminal breach of trust S. 503- Criminal Intimidation This material is compiled from seminal work by Rahul Singh (rahul@ncdhr.org.in) and Nadim Nikhat (nadimnikhat@gmail.com)

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