Licence may be granted subject to conditions and may be

revoked.

Foreigner travelling without or con

ed.

rized to pass, or the limits within which he is authorized to travel, and the period (if any) during which the licence is intended to have effect:

XIII. The licence may be granted subject to such conditions as the Governor-General of India in Council or the local Government may direct, or as the officer granting the licence may deem necessary. Any licence may be revoked at any time by the Governor-General of India in Council, or by the local Government of any part of British India in which all the provisions of this Act are for the time being in force, and in which the foreigner holding the same may be, or by the officer who granted the licence.

XIV. If any foreigner travel in or attempt to pass trary to the condi- through any part of British India without such licence as tions of licence, aforesaid, or beyond the districts or limits mentioned therein, may be apprehendor after such licence shall have been revoked, or shall violate any of the conditions therein specified, he may be apprehended without warrant by any officer exercising any of the powers of a magistrate, or by any European commissioned officer in the service of Her Majesty, or by any member of a volunteer corps enrolled by authority of Government whilst on duty, or by any police officer.

Procedure upon apprehension.

XV. If any person be apprehended by a person not exercising any of the powers of a magistrate and not being a police officer, he shall be delivered over as soon as possible to a police officer, and forthwith carried before the magistrate of the district. Whenever any person shall be apprehended by or taken before the magistrate of the district, Magistrate to report such magistrate shall immediately report the case to the local Government to which he is subordinate, and shall cause the person brought before him to be discharged, or to be conveyed to one of the presidency towns, or pending the orders of such Government, to be detained.

to Government.

Persons apprehended may be admitted to bail.

XVI. Any person apprehended or detained under the provisions of this Act, may be admitted to bail by the magistrate of the district or by any officer authorized to grant licences, and shall be put to as little inconvenience as possible during his detention in custody.

apprehended.

XVII. The local Government of any part of British Removal of persons India in which all the provisions of this Act are for the time. being in force, may order any person apprehended or detained under the provisions of this Act to remove himself from any such part of British India, by sea or by such other route as the said local Government may direct; or the said local. Governinent may cause him to be removed from such part of British India by such route and in such manner as to such local Government shall seem fit. The Governor-General of India in Council may exercise all the powers given by this section to any local Government.

XVIII. The Governor-General of India in Council may by order prohibit any person or any class of persons not being natural born subjects of Her Majesty within the meaning of the Statute 3 and 4 William IV, chap. 85, Section 81, from travelling in or passing through any part of British India in which all the provisions of this Act may for the time being be in force, and from passing from any part thereof to another without a licence to be granted by such officer or officers as shall be specified in the order; and if any person so prohibited shall wilfully disobey such order, he may be apprehended without warrant by any of the officers specified in Section XIV of this Act, and carried before the magistrate of the district, and dealt with under the provisions of Section XVII in the same manner as if he were a foreigner: and the Governor-General of India in Council may order such person to be detained in safe custody or under the surveillance of the police so long as it may be deemed necessary for the peace and security of British India or any part thereof. XIX. The local Government of any presidency or place in which all the provisions of this Act may for the time being be in force, may by order prohibit any person or any class of persons not being natural-born subjects of Her Majesty within the meaning of the Statute 3 and 4 William IV, chap. 85, Section 81, from travelling in or passing through such presidency or place or any part thereof, and from passing from any part thereof to another, without a licence to be granted by such officer or officers as shall be specified in the order; and if any person so prohibited shall wilfully dis

Governor

General

may prohibit persons not being natural-born subjects from travelling or passing through any part of India without a licence.

Also the local Governrespective jurisdic

ments within their

tions.

Certain officers may

board vessels to

board.

obey such order, he may be apprehended without warrant by any of the officers specified in Section XIV. of this Act, and carried before the magistrate of the district, and dealt with under the provisions of Section XVII. in the same manner as if he were a foreigner; and the local Government may order such person to be detained in safe custody or under the surveillance of the police so long as it may be deemed necessary for the peace and security of British India or any part thereof.

XX. It shall be lawful for the commissioner of police, ascertain whether or for the magistrate of the district, or for any officer foreigners are on appointed to receive reports as mentioned in the sixth section of this Act, or for any police officer under the authority of such commissioner or magistrate, to enter any vessel in any port or place within British India in which all the provisions of this Act may for the time being be in force, in order to ascertain whether any foreigner bound to report his arrival under the said Section VI. of this Act is on board of such vessel; and it shall be lawful for such commissioner of police, magistrate, or other officer as aforesaid, to adopt such means as may be reasonably necessary for that purpose; and the master or commander of such vessel shall also, before any of the passengers are allowed to disembark, if he shall be required so to do by such commissioner of police, magistrate, or other officer as aforesaid, deliver to him a list in writing give information of the passengers on board, specifying the ports or places at respecting them, which they embarked, and the ports or places of their disembarkation or intended disembarkation, and answer to the best of his knowledge all such questions touching the passengers on board the said vessel, or touching those who may have disembarked in any part of British India, as shall be put to him by the commissioner of police, magistrate, or other officer as aforesaid. If any foreigner on board such vessel in any part of British India shall refuse to give an account of his objects of pursuit in India, or if his account thereof shall not be satisfactory, the officer may refuse to allow him to disembark, or he may be dealt with in the same foreigner travelling in British India without

Master of vessel to furnish list of pas

sengers, and

to

manner as a

a licence.

swer or repɔ

XXI. If the master or commander of a vessel shall wil- Penalty for false anfully give a false answer to any question which by Section 20 of this Act he is bound to answer, or shall make any false report, he shall be held to have committed the offence specified in Section 177 of the Indian Penal Code.

XXII. If the master or commander of any vessel shall wilfully neglect or refuse to comply with the requisitions of this Act, he shall on conviction before the magistrate of the district or a justice of the peace, be liable to a fine not exceeding two thousand rupees.

Penalty for neglect by master of vesse to comply with requisitions of Act.

Penalty for obstructing officers

der this Act how to be recovered.

XXIII. Whoever intentionally obstructs any officer in the exercise of any of the powers vested in him by this Act, shall be held to have committed the offence specified in Section 186 of the Indian Penal Code. XXIV. All fines imposed under this Act may, according Fines imposed unas they shall have been imposed for offences committed within or for offences committed beyond the limits of the towns of Calcutta, Madras and Bombay, be recovered by a magistrate of police or by the magistrate of the district in the manner prescribed in Section 26 of Act XLVIII. of 1860 (to amend Act XIII. of 1856 for regulating the Police of the Towns of Calcutta, Madras and Bombay, and the several Stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca.)

Act may

empted from prcvisions of this Act.

XXV. The Governor-General of India in Council, or the Persons may be exlocal Government of any part of British India in which this for the time being be in force, may exempt any person, or any class of persons, either wholly or partially or temporarily or otherwise, from all or any of the provisions of this Act contained in any of the sections subsequent to Section V, and may at any time revoke any such exemption.

Preamble.

Whipping added to

the punishments

A. D. 1864. ACT VI.

AN ACT to authorize the punishment of Whipping in cer

tain cases.

Passed on the 18th February 1864.

WHEREAS it is expedient that in certain cases offenders should be liable, under the provisions of the Indian Penal Code, to the punishment of whipping; it is enacted as follows:

I. In addition to the punishments described in Section described in Sec- 53 of the Indian Penal Code, offenders are also liable to tion 53 of the Penal whipping under the provisions of the said code.

Code.

Offences punishable

lieu of other pun

II. Whoever commits any of the following offences may with whipping in be punished with whipping in lieu of any punishment to ishment prescribed which he may for such offence be liable under the Indian by Penal Code. Penal Code, that is to say

1. Theft, as defined in Section 378 of the said code.

2. Theft in a building, tent, or vessel, as defined in Section 380 of the said code.

3. Theft by a clerk or servant, as defined in Section 381 of the said code.

4. Theft after preparation for causing death or hurt, as defined in Section 382 of the said code.

5. Extortion by threat, as defined in Section 388 of the said code.

6. Putting a person in fear of accusation in order to commit extortion, as defined in Section 389 of the said code.

7. Dishonestly receiving stolen property, as defined in Section 411 of the said code.

8. Dishonestly receiving property stolen in the commission of a dacoity, as defined in Section 412 of the said code.

9. Lurking house-trespass, or house-breaking, as defined in Sections 443 and 445 of the said code, in order to the committing of any offence punishable with whipping, under

this section.