THE BHARATIYA NYAYA SANHITA, 2023 CHAPTER I PRELIMINARY 1. Short title, commencement and application. 2. Definitions. 3. General Explanations and expressions.     CHAPTER II OF PUNISHMENTS 4. Punishments. 5. Commutation of sentence of death or imprisonment for life. 6. Fractions of terms of punishment. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 8. Amount of fine, liability in default of payment of fine, etc. 9. Limit of punishment of offence made up of several offences. 10. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. 11. Solitary confinement. 12. Limit of solitary confinement. 13. Enhanced punishment for certain offences after previous conviction.     CHAPTER III GENERAL EXCEPTIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 15. Act of Judge when acting judicially. 16. Act done pursuant to the judgment or order of Court. 17. Act done by a person justified, or by mistake of fact believing himself, justified, by law. 18. Accident in doing a lawful act. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 20. Act of a child under seven years of age. 21. Act of a child above seven and under twelve of immature understanding. 22. Act of a person of mental illness. 23. Act of a person incapable of judgment by reason of intoxication caused against his will. 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 26. Act not intended to cause death, done by consent in good faith for person’s benefit. 27. Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian. 28. Consent known to be given under fear or misconception. 29. Exclusion of acts which are offences independently of harm caused. 30. Act done in good faith for benefit of a person without consent. 31. Communication made in good faith. 32. Act to which a person compelled by threats. 33. Act causing slight harm.   Of the Right of Private Defence 34. Things done in private defence. 35. Right of private defence of the body and of property. 36. Right of private defence against the act of a person with mental illness, etc. 37. Acts against which there is no right of private defence. 38. When the right of private defence of the body extends to causing death. 39. When such right extends to causing any harm other than death. 40. Commencement and continuance of the right of private defence of the body. 41. When the right of private defence of property extends to causing death. 42. When such right extends to causing any harm other than death. 43. Commencement and continuance of the right of private defence of property. 44. Right of private defence against deadly assault when there is risk of harm to innocent person.     CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT Of Abetment 45. Abetment of a thing. 46. Abettor. 47. Abetment in India of offences outside India. 48. Abetment outside India for offence in India. 49. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. 50. Punishment of abetment if person abetted does act with different intention from that of abettor. 51. Liability of abettor when one act abetted and different act done. 52. Abettor when liable to cumulative punishment for act abetted and for act done. 53. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. 54. Abettor present when offence is committed. 55. Abetment of offence punishable with death or imprisonment for life. 56. Abetment of offence punishable with imprisonment. 57. Abetting commission of offence by the public or by more than ten persons. 58. Concealing design to commit offence punishable with death or imprisonment for life. 59. Public servant concealing design to commit offence which it is his duty to prevent. 60. Concealing design to commit offence punishable with imprisonment. Of Criminal Conspiracy 61. Criminal conspiracy. Of Attempt 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.     CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences 63. Rape. 64. Punishment for rape. 65. Punishment for rape in certain cases. 66. Punishment for causing death or resulting in persistent vegetative state of victim. 67. Sexual intercourse by husband upon his wife during separation or by a person in authority. 68. Sexual intercourse by a person in authority. 69. Sexual intercourse by employing deceitful means etc. 70. Gang rape. 71. Punishment for repeat offenders. 72. Disclosure of identity of the victim of certain offences, etc. Of criminal force and assault against women 73. Assault or criminal force to woman with intent to outrage her modesty. 74. Sexual harassment and punishment for sexual harassment. 75. Assault or use of criminal force to woman with intent to disrobe. 76. Voyeurism. 77. Stalking. 78. Word, gesture or act intended to insult the modesty of a woman.     Of offences relating to marriage 79. Dowry death. 80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 81. Marrying again during lifetime of husband or wife. 82. Marriage ceremony fraudulently gone through without lawful marriage. 83. Enticing or taking away or detaining with criminal intent a married woman. 84. Husband or relative of husband of a woman subjecting her to cruelty. 85. Kidnapping, abducting or inducing woman to compel her marriage, etc.   Of the causing of miscarriage, etc. 86. Causing miscarriage. 87. Causing miscarriage without woman’s consent. 88. Death caused by act done with intent to cause miscarriage. 89. Act done with intent to prevent child being born alive or to cause it to die after birth. 90. Causing death of quick unborn child by act amounting to culpable homicide. Of offences against children 91. Exposure and abandonment of child under twelve years, by parent or person having care of it. 92. Concealment of birth by secret disposal of dead body. 93. Hiring, employing or engaging a child to commit an offence. 94. Procuration of child. 95. Kidnapping or abducting child under ten years with intent to steal from its person. 96. Selling child for purposes of prostitution, etc. 97. Buying child for purposes of prostitution, etc.     CHAPTER Vi OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 98. Culpable homicide. 99. Murder. 100. Culpable homicide by causing death of person other than person whose death was intended. 101. Punishment for murder. 102. Punishment for murder by life-convict. 103. Punishment for culpable homicide not amounting to murder. 104. Causing death by negligence. 105. Abetment of suicide of child or person with mental illness. 106. Abetment of suicide. 107. Attempt to murder. 108. Attempt to commit culpable homicide. 109. Organised crime. 110. Petty organised crime or organised in general. 111. Offence of terrorist act. Of hurt 112. Hurt. 113. Voluntarily causing hurt. 114. Grievous hurt. 115. Voluntarily causing grievous hurt. 116. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 117. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act. 118. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. 119. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 120. Voluntarily causing hurt or grievous hurt on provocation. 121. Causing hurt by means of poison, etc., with intent to commit an offence. 122. Voluntarily causing grievous hurt by use of acid, etc. 123. Act endangering life or personal safety of others. 124. Wrongful restraint. 125. Wrongful confinement.   Of Criminal Force and Assault 126. Force. 127. Criminal force. 128. Assault. 129. Punishment for assault or criminal force otherwise than on grave provocation. 130. Assault or criminal force to deter public servant from discharge of his duty. 131. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation. 132. Assault or criminal force in attempt to commit theft of property carried by a person. 133. Assault or criminal force in attempt wrongfully to confine a person. 134. Assault or criminal force on grave provocation.   Of Kidnapping, Abduction, Slavery and Forced Labour 135. Kidnapping. 136. Abduction. 137. Kidnapping or maiming a child for purposes of begging. 138. Kidnapping or abducting in order to murder or for ransom etc. 139. Importation of girl or boy from foreign country. 140. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 141. Trafficking of person. 142. Exploitation of a trafficked person. 143. Habitual dealing in slaves. 144. Unlawful compulsory labour.   CHAPTER VII OF OFFENCES AGAINST THE STATE 145. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 146. Conspiracy to commit offences punishable by section 145. 147. Collecting arms, etc., with intention of waging war against the Government of India. 148. Concealing with intent to facilitate design to wage war. 149. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 150. Acts endangering sovereignty unity and integrity of India. 151. Waging war against Government of any foreign State at peace with the Government of India. 152. Committing depredation on territories of foreign State at peace with the Government of India. 153. Receiving property taken by war or depredation mentioned in sections 153 and 154. 154. Public servant voluntarily allowing prisoner of state or war to escape. 155. Public servant negligently suffering such prisoner to escape. 156. Aiding escape of, rescuing or harbouring such prisoner.     CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 157. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 158. Abetment of mutiny, if mutiny is committed in consequence thereof. 159. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 160. Abetment of such assault, if the assault committed. 161. Abetment of desertion of soldier, sailor or airman. 162. Harbouring deserter. 163. Deserter concealed on board merchant vessel through negligence of master. 164. Abetment of act of insubordination by soldier, sailor or airman. 165. Persons subject to certain Acts. 166. Wearing garb or carrying token used by soldier, sailor or airman.     CHAPTER IX OF OFFENCES RELATING TO ELECTIONS 167. Candidate, electoral right defined. 168. Bribery. 169. Undue influence at elections. 170. Personation at elections. 171. Punishment for bribery. 172. Punishment for undue influence or personation at an election. 173. False statement in connection with an election. 174. Illegal payments in connection with an election. 175. Failure to keep election accounts.     CHAPTER X-OF OFFENCES RELATING TO COIN, CURRENCY NOTES, BANK NOTES, AND GOVERNMENT STAMPS 176. Counterfeiting coin, government stamps, currency-notes or bank-notes. 177. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes. 178. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 179. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes. 180. Making or using documents resembling currency-notes or bank-notes. 181. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 182. Using Government stamp known to have been before used. 183. Erasure of mark denoting that stamp has been used. 184. Prohibition of fictitious stamps. 185. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 186. Unlawfully taking coining instrument from mint.     CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 187. Unlawful assembly. 188. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 189. Rioting. 190. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed. 191. Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place. 192. Affray. 193. Assaulting or obstructing public servant when suppressing riot, etc. 194. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 195. Imputations, assertions prejudicial to national integration.     CHAPTER XII-OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 196. Public servant disobeying law, with intent to cause injury to any person. 197. Public servant disobeying direction under law. 198. Punishment for non-treatment of victim. 199. Public servant framing an incorrect document with intent to cause injury. 200. Public servant unlawfully engaging in trade. 201. Public servant unlawfully buying or bidding for property. 202. Personating a public servant. 203. Wearing garb or carrying token used by public servant with fraudulent intent.       CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 204. Absconding to avoid service of summons or other proceeding. 205. Preventing service of summons or other proceeding, or preventing publication thereof. 206. Non-attendance in obedience to an order from public servant. 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023. 208. Omission to produce document to public servant by person legally bound to produce it. 209. Omission to give notice or information to public servant by person legally bound to give it. 210. Furnishing false information. 211. Refusing oath or affirmation when duly required by public servant to make it. 212. Refusing to answer public servant authorised to question. 213. Refusing to sign statement. 214. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. 215. False information, with intent to cause public servant to use his lawful power to the injury of another person. 216. Resistance to the taking of property by the lawful authority of a public servant. 217. Obstructing sale of property offered for sale by authority of public servant. 218. Illegal purchase or bid for property offered for sale by authority of public servant. 219. Obstructing public servant in discharge of public functions. 220. Omission to assist public servant when bound by law to give assistance. 221. Disobedience to order duly promulgated by public servant. 222. Threat of injury to public servant. 223. Threat of injury to induce person to refrain from applying for protection to public servant. 224. Attempt to commit suicide to compel or restraint exercise of lawful power.       CHAPTER XIV - OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE 225. Giving false evidence. 226. Fabricating false evidence. 227. Punishment for false evidence. 228. Giving or fabricating false evidence with intent to procure conviction of capital offence. 229. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 230. Threatening any person to give false evidence. 231. Using evidence known to be false. 232. Issuing or signing false certificate. 233. Using as true a certificate known to be false. 234. False statement made in declaration which is by law receivable as evidence. 235. Using as true such declaration knowing it to be false. 236. Causing disappearance of evidence of offence, or giving false information to screen offender. 237. Intentional omission to give information of offence by person bound to inform. 238. Giving false information respecting an offence committed. 239. Destruction of document to prevent its production as evidence. 240. False personation for purpose of act or proceeding in suit or prosecution. 241. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 242. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 243. Fraudulently suffering decree for sum not due. 244. Dishonestly making false claim in Court. 245. Fraudulently obtaining decree for sum not due. 246. False charge of offence made with intent to injure. 247. Harbouring offender. 248. Taking gift, etc., to screen an offender from punishment. 249. Offering gift or restoration of property in consideration of screening offender. 250. Taking gift to help to recover stolen property, etc. 251. Harbouring offender who has escaped from custody or whose apprehension has been ordered. 252. Penalty for harbouring robbers or dacoits. 253. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 254. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. 255. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 256. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 257. Intentional omission to apprehend on the part of public servant bound to apprehend. 258. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. 259. Escape from confinement or custody negligently suffered by public servant. 260. Resistance or obstruction by a person to his lawful apprehension. 261. Resistance or obstruction to lawful apprehension of another person. 262. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. 263. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. 264. Violation of condition of remission of punishment. 265. Intentional insult or interruption to public servant sitting in judicial proceeding. 266. Personation of an assessor. 267. Failure by person released on bail or bond to appear in court.     CHAPTER XV -OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 268. Public nuisance. 269. Negligent act likely to spread infection of disease dangerous to life. 270. Malignant act likely to spread infection of disease dangerous to life. 271. Disobedience to quarantine rule. 272. Adulteration of food or drink intended for sale. 273. Sale of noxious food or drink. 274. Adulteration of drugs. 275. Sale of adulterated drugs. 276. Sale of drug as a different drug or preparation. 277. Fouling water of public spring or reservoir. 278. Making atmosphere noxious to health. 279. Rash driving or riding on a public way. 280. Rash navigation of vessel. 281. Exhibition of false light, mark or buoy. 282. Conveying person by water for hire in unsafe or overloaded vessel. 283. Danger or obstruction in public way or line of navigation. 284. Negligent conduct with respect to poisonous substance. 285. Negligent conduct with respect to fire or combustible matter. 286. Negligent conduct with respect to explosive substance. 287. Negligent conduct with respect to machinery. 288. Negligent conduct with respect to pulling down, repairing or constructing buildingsetc. 289. Negligent conduct with respect to animal. 290. Punishment for public nuisance in cases not otherwise provided for. 291. Continuance of nuisance after injunction to discontinue. 292. Sale, etc., of obscene books, etc. 293. Sale, etc., of obscene objects to child. 294. Obscene acts and songs. 295. Keeping lottery office.     CHAPTER XVI- OF OFFENCES RELATING TO RELIGION 296. Injuring or defiling place of worship, with intent to insult the religion of any class. 297. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 298. Disturbing religious assembly. 299. Trespassing on burial places, etc. 300. Uttering words, etc., with deliberate intent to wound religious feelings.       CHAPTER XVII-OF OFFENCES AGAINST PROPERTY 301. Theft. 302. Snatching. 303. Theft in a dwelling house, or means of transportation or place of worship, etc. 304. Theft by clerk or servant of property in possession of master. 305. Theft after preparation made for causing death, hurt or restraint in order to the committing of theft. Of extortion 306. Extortion. Of Robbery and Dacoity 307. Robbery. 308. Dacoity. 309. Robbery, or dacoity, with attempt to cause death or grievous hurt. 310. Attempt to commit robbery or dacoity when armed with deadly weapon. 311. Punishment for belonging to gang of robbers, dacoits, etc.     Of Criminal Misappropriation of Property 312. Dishonest misappropriation of property. 313. Dishonest misappropriation of property possessed by deceased person at the time of his death. Of Criminal Breach of Trust 314. Criminal breach of trust. Of the Receiving of Stolen Property 315. Stolen property. Of Cheating 316. Cheating. 317. Cheating by personation. Of Fraudulent Deeds and Dispositions of Property 318. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 319. Dishonestly or fraudulently preventing debt being available for creditors. 320. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 321. Dishonest or fraudulent removal or concealment of property. Of Mischief 322. Mischief. 323. Mischief by killing or maiming animal. 324. Mischief by injury, inundation, fire or explosive substance, etc. 325. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. 326. Punishment for intentionally running vessel aground or ashore with intent tocommit theft, etc. Of Criminal Trespass 327. Criminal trespass and house-trespass. 328. House-trespass and house-breaking. 329. Punishment for house-trespass or house breaking. 330. House-trespass in order to commit offence. 331. House-trespass after preparation for hurt, assault or wrongful restraint. 332. Dishonestly breaking open receptacle containing property.     CHAPTER XVIII-OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 333. Making a false document. 334. Forgery 335. Forgery of record of Court or of public register, etc. 336. Forgery of valuable security, will, etc. 337. Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine. 338. Forged document or electronic record and using it as genuine. 339. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 336. 340. Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material. 341. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 342. Falsification of accounts.   Of Property Marks 343. Property mark. 344. Tampering with property mark with intent to cause injury. 345. Counterfeiting a property mark. 346. Making or possession of any instrument for counterfeiting a property mark. 347. Selling goods marked with a counterfeit property mark. 348. Making a false mark upon any receptacle containing goods.     CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 349. Criminal intimidation. 350. Intentional insult with intent to provoke breach of peace. 351. Statements conducing to public mischief. 352. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 353. Misconduct in public by a drunken person. Of Defamation 354. Defamation. Of breach of contract to attend on and supply wants of helpless person. 355. Breach of contract to attend on and supply wants of helpless person. 356. Repeal and savings.   COMPARISON BETWEEN IPC SECTIONS AND BNS CLAUSES Explore the key sections of the Bharatiya Nyaya Sanhita (BNS) 2023, a modern replacement for the Indian Penal Code, detailing updated provisions on crimes against the state, human body, property, and cyber offenses, reflecting contemporary societal needs and challenges. 25 December 2023 On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha. On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent of the President of India. THE BHARATIYA NYAYA SANHITA- 2023

The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information: COMPARISON SUMMARY OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) THE BHARATIYA SAKSHYA ADHINIYAM, 2023

THE INDIAN AIRCRAFT ACT, 1934 www.lawtool.net Act No.22 OF 1934 [AS ON 1955] An Act to make better provision for the control of the manufacture, possession, use, operation, sale,  import and export of aircraft. [19th August, 1934.] Contents WHEREAS it is expedient to make better provision for the control the manufacture, possession, use, operation, sale, import and export aircraft It is hereby enacted as follows:--- 1.Short title and extent:- (1)   This Act may be called the Indian Aircraft Act, 1934. {Subs.by the A.O.1950, for the former sub-section (2).} [(2) It extends to the whole of India {The words "except the State of Hyderabad" rep.by Act 3 of 1951, s.3 and Sch} and applies also--- (a)  to citizens of India wherever they may be; and (b)  to, and to the persons on, aircraft registered in India whever they may be.] 2.Definitiones:- In this Act, unless there is anything repugnant in the subject or context,--- (1)  "aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines ; (2)  "aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (3)  "import" means bringing into {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] ; and (4)  "export" means taking out of {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]. 3.Power of Central Government to exempt certain aircraft:-- The Central Government may, by notification in the Official Gazette, exempt from {Subs.by s.3 of Act 37 of 1939, for the words "the provisions of this Act and of the rules made thereunder, or from any of such provisions".} 4.Power of Central Government to make rules to implement the Convention of 1919:- The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to the regulation of Aerial Navigation signed at Paris, October 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment which may be made thereto under the provisions of Article 34 thereof. 5.Power of Central Government to make rules:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.1, pp.633 to 719.} regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft. (2)  Without prejudice to the generality of the foregoing power, such rules may provide for--- (a)  The authorities by which any of the powers conferred by or under this Act are to be exercised; {Ins.by Act 5 of 1944, s.2.} [(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service; (ab)  the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules ;] (b)  the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the fees which may be charged thereat, and the prohibition or regulation of the use of unlicensed aerodromes; (c)  the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept; (d)  the registration and marking of aircraft ; (e)  the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft; (f)  the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder, and the facilities to be provided for such inspection ; (g)  the licensing of persons employed in the operation, meanufacture, repair or maintenance of aircraft ; (h)  the air-routes by which and the conditions under which aircraft may enter or leave {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India], or may fly over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India], and the places at which aircraft shall land; (I)  the prohibition of flight by aircaft over any specified area, either absolutely or at specified times or subject to specified conditions  and exceptions ; (J)  the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in the nighbourhood of aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes; {Ins.by Act 37 of 1939, s.4.} [(jj)  the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purpose;] (k)  the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signalling; (l)  the prohibition and regulation of the carriage in aircraft of any specified article or substance; (m)  the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life; (n)  the issue and maintenance of log-books; (o)  the manner and conditions of the issue or renewal of any licence or certificate under the Act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any log-book; (p)  the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this Act; (q)  the recognition for the purposes of this Act of licences anad certificates issued elsewhere than in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; an  ®  any matter subsidiary or incidental to the matters referred to in this sub-section. {Ins.by Act 5 of 1944, s.3.} [ (3)  Every rule made under this section shall be laid as soon as may be after it is made before {The words "each of the Chambers of" rep.by the A.O.1948.} {Subs.by the A.O.1950, for "the Central Legislature".} [Parliament], while it is in session, for a total period of one months which may be comprised in one session or in two or more sessions, and it before the expiry of that period, {Subs.by the A.O.1948}[{Subs.by the A.O.1950, for "that Legislature".} [Parliament] makes and modifications in the rule or directs] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be.] 6.Power of Central Government to make orders in emergency:- (1) If the Central Government is of opinion that in the interests of the public safety or tranquallity the issue of all or any of the following orders is expedient, it may, by notification in the Official Gazette,--- (a)  cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any licences or certificates issued under this Act; (b)  prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of {Subs.by Act 24 of 1948, s.3, for "the Provinces".}[India] ; (c)  prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and (d)  direct that any aircraft or class of aircraft or any aero drome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Government for the public service. (2)  Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such  compensation as may be determined by such authority as the Central Government may appoint in this behalf. (3)  The Central Government may authorise such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary. (4)  Whoever knowin  gly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be forfeited to Government. 7.Power of Central Government to make rules for investigation of accidents:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See Pt.X of the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.I, pp.66 to 665.} providing for the investigation of any accident arising out of or in the course of {Subs.by Act 37 of 1939, s.5, for "air navigation in or over British India".}[the navigation--- (a)  in or over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] of any aircraft, or (b)  anywhere of aircraft registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]]. (2)  Without prejudice to the generality of the foregoing power, such rules may---- (a)  require notice to be given of any accident in such manner and by such person as may be prescribed; (b)  apply for the puroses of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents; (c)  prohibit pending investigation access to or interference with aircraft to which an accident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and (d)  authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so deal with, and provide for the production of any such licence for such purpose. 8.Power to detain aircraft :- (1)  Any authority authorised in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority--- (a)  having regard to be nature of a intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property; or (b)  such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (I) of sub-section (2) of section 5. (2)  The Central Government may, by notification in the Official Gazette, make rules {See for instance, rule 18 of the Indian Aircraft Rules, 1937 (Gazette of India, 1937, Pt.1.p.640}.regulating all matters incidental or subsidiary to the exercise of this power {Ins.by Act 7 of 1936, s.2.}[ 8A.      Power of Central Government to make rules for protecting the public health :- The Central Government may, by notification in the Official Gazette, make rules {For the Indian Aircraft (Public Health) Rules, 1946, see Gazette of India, Extraordinary, 1946, p.775} for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, ules providing for any of the matters for which rules under sub-clauses (I) to (viii) of clause (p)  of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.] {Ins.by Act 22 of 1938.}[ 8B.  Emergency powers for protecting the public health :- (1)  If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outnbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger. (2)  In any such case the Central Government may, without projudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carrried therein and aerodromes as it deems necessary in the circumstances. (3)  Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force in more than three months from the date of notification: Provided that the Central Government may be special order continue them in force for a further period or periods of not more than three months in all.] 9.Wreck and salvage:- (1)  The provisions of Part VII of the Indian Merchant Shipping Act, 1923, relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2)  The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. 10.Penalty for act in contravention of rule made under this Act:- In making any rule under section 5, section 7, {Subs.by Act 7 of 1936, s.3, for "or section 8".}[section 8 {Subs.by Act 22 of 1938, s.3, for "or section 8 A".} [section 8A or section 8B]] the Central Government may direct that a breach of it shall be punishable with imprisonment for any term not exceeding three months, or with fine of any amount not exceeding one thousand rupees or with both. 11.Penalty for flying so as to cause danger :- Whoever wilfully flies any aircraft in such a manner as to cause danger to any persn or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bot 12.Penalty for abetment of offences and attempted offences :- Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence. 13.Power of Court to order forfeiture :- Where any person is convicted of an offence punishable under any rule made udner clause (I) or clause (1) of sub-section (2) of section 5, the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to Government. 14.Rules to be made after publication :- Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication for a period of not leass than three months. 15.Use of patented invention on aircraft not required in India:-  The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention on any aircraft not registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] in like manner as they apply to the use of an invention in a foreign vessel. 16.Power to apply customs procedure:- The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act, 1878, shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 17.Bar of certain suits:-  No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable or by reason only of the ordinary incidents of such flight. 18.Saving for acts done in good faith under the Act:- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act. 19.Saving of application of Act:- (1) Nothing in this Act or in any order or rule made there-under shall apply to or in respect of any aircraft belonging to or exclusively employed in {Subs.by the A.O.1950, for "His Majesty's naval, military or air forces".}[the naval, military or air forces of the Union], or to any person in such forces employed in connection with such aircraft. (2)  Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or power exercisable by any authority under that Act. 20.  [Repeals.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back INTERLOCUTORY APPLICATIONS (IA) INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim applications are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the (IA)should be both precise as well as brief and devoid of irrelevant matters. वार्ता आवेदन (IA) लंबित या मुकदमेबाजी के दौरान इंटरलोक्यूटरी आवेदन या अंतरिम आवेदन दायर किए जाते हैं। इस तरह के आवेदनों का मसौदा उसी तरह से तैयार किया जाना चाहिए जैसे कि दलीलें। जैसे (IA) की दलील सटीक और संक्षिप्त दोनों होनी चाहिए और अप्रासंगिक मामलों से रहित होनी चाहिए। INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters. Drafting of Interlocutory Application: The grounds on which application is moved should to the extent possible be stated in the words of the law under which the application is fitted. For ex., in an application for setting aside an expert decree against the defendant, the defendant should say that "the summons was not duly served" or that "the defendant was prevented by any sufficient cause from appearing when the suit was called on for the hearing". It is not advisable to employ a language different from the law under which the application is made. Like a plaint every application should have a heading and a title. The name of the Court should be given at the top and thereafter should follow the name of the applicant and the opposite party. When the . application is moved in connection with a suit or proceeding, the number and the cause title of that suit or proceeding alone should be given after the name of the court. The body of the application should be either in the form of petition: "The humble application of the plaintiff in the above mentioned suit, respectfully submits as follows' or it may be written like plaint. "Application for restituting under section 144, CPC by the defendant in the above mentioned suit The applicant humbly begs to submit as follows: It is not absolutely necessary that the law under which the application is filed should be given. Like pleadings facts in the application should be stated in brief and concise language. The application should be divided into paragraphs and one paragraph as far as possible should narrate one allegation except where two or more allegations are so connected with each other that it is better to give them in one paragraph. With some application affidavits are filed and if in such cases the facts are too long things need not be narrated in the application. They should only be narrated in the affidavit and in such cases the application should be worded in some such form: "For the reasons above in the annexed affidavit, the applicant prays that etc". The application should end with a prayer. The payer should be in the following form: "The applicant! Plaintiff! Defendant, therefore prays": etc. After prayer, should follow the signature of the applicant where law requires the verification, the application should also be verified. Examples of Interlocutory Applications Provided under CPC a) Application under order 6 Rule 17 CPC for amendment, b) Application under section 95 CPC for compensation for arrest or attachment before judgment on insufficient grounds. c) Application under sec. 144 for restitution. d) Application under sec. 151. e) Application under sec. 152 for amendment of judgments, decrees or orders, f) Application under order IX Rule4 for setting aside an order dismissing a suit for default of the parties, g) Application under order IX Rule 9 CPC for setting aside and order dismissing a suit for plaintiff's default, h) Application under order IX Rule I, for leave to deliver interrogatories, i) Objections under sec. 47 or sec.60. j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order XXI, Rule 98, k) Substitution applications under order XXII CPC. l) Application under order XXVIII Rule 1 or Rule 5, m) Applications under order XXIX. For an interim injunctions, application under order XL, for appointment of receiver, n) Application under order XLVII for review. DRAFTING Gallery www.lawtool.net Previous Next

< Back THE CODE OF CIVIL PROCEDURE, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:- PRELIMINARY CHAPTER I SUITS IN GENERAL CHAPTER II EXECUTION CHAPTER III INCIDENTAL PROCEEDINGS CHAPTER IV SUITS IN PARTICULAR CASES CHAPTER V SPECIAL PROCEEDINGS CHAPTER VI SUPPLEMENTAL PROCEEDINGS CHAPTER VII APPEALS CHAPTER VIII REFERENCE, REVIEW AND REVISION CHAPTER IX SPECIAL PROVISION RELATING TO T HE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER CHAPTER X RULES CHAPTER XI MISCELLANEOUS The First Schedule ORDER I-PARTIES OF SUITS ORDER II- FRAME OF SUIT ORDER III- RECOGNIZED AGENTS AND PLEADERS ORDER IV-INSTITUTION OF SUITS ORDER IVA CONSOLIDATION OF CASES ORDER V-ISSUE AND SERVICE OF SUMMONS ORDER VI-PLEADINGS GENERALLY ORDER VII- PLAINT ORDER VIII-WRITTEN STATEMENT, SET-OF AND COUNTER- CLAIM ORDER IX- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON- APPEARANCE ORDER X-EXAMINATION OF PARTIES BY THE COURT ORDER XI-DISCOVERY AND INSPECTION ORDER XII-ADMISSION ORDER XIII-PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS ORDER XIV-SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON ORDER XV-DISPOSAL OF THE SUIT AT THE FIRST HEARING ORDER XV-A. STRIKING OFF DEFENCE IN A SUIT BY A LESSOR. ORDER XVI-SUMMONING AND ATTENDANCE OF WITNESSES ORDER XVIA-ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS ORDER XVII-ADJOURNMENTS ORDER XVIII- HEARING OF THE SUIT AND EXAMINATION OF WITNESSES ORDER XIX- AFFIDAVITS ORDER XX- JUDGMENT AND DECREE ORDER XXA ORDER XXI-EXECUTION OF DECREES AND ORDERS ORDER XXII- DEATH, MARRIAGE AND INSOLVENCY OR PARTIES ORDER XXIII- WITHDRAWAL AND ADJUSTMENT OF SUITS ORDER XXIV- PAYMENT INTO COURT ORDER XXV-SECURITY FOR COSTS ORDER XXVI-COMMISSIONS ORDER XXVII-SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERSR IN THEIR OFFICIAL CAPACITY ORDER XXVII-A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THERINTERPRETATION OF THE CONSTITUTION OR AS TO THERVALIDITY OF ANY STATUTORY INSTRUMENT ORDER XXVIII-SUITS BY OR AGAINST MILITARY OR NAVAL MEN ORAIRMEN ORDER XXIX- SUITS BY OR AGAINST CORPORATIONS ORDER XXX- SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN ORDER XXXI-SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS ORDER XXXII [ORDER XXXIIA-SUITS RELATING TO MATTERS CONCERNING THE FAMILY ORDER XXXIII- SUITS BY INDIGENT PERSONS ORDER XXXV- INTERPLEADER ORDER XXXVI-SPECIAL CASE ORDER XXXVII-SUMMARY PROCEDURE ORDER XXXVIII-ARREST AND ATTACHMENT BEFORE JUDGMENT ORDER XXXIX-TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS ORDER XL- APPOINTMENT OF RECEIVERS ORDER XLII-APPEALS FROM APPELLATE DECREES ORDER XLIII-APPEALS FROM ORDERS ORDER XLIV-[432][APPEALS BY INDIGENT PERSONS] ORDER XLV- APPEALS TO THE SUPREME COURT ORDER XLVI-REFERENCE ORDER XLVII- REVIEW ORDER XLVIII-MISCELLANEOUS Order L PROVINCIAL SMALL CAUSE COURTS ORDER LI- PRESIDENCY SMALL CAUSE COURTS Previous Next

Re South of England Natural Gas and Petroleum Co. Ltd. 1911 Re South of England Natural Gas and Petroleum Co. Ltd. 1911 FACT: The shareholders of the company had received copies of the Prospectus with the title that clearly specified that it is meant for private circulation. This was not advertised to the public. JUDGEMENT: The court ruled that the prospectus was a public oer of shares despite the indication that described it as private circulation only.