10. Lurking house-trespass by night, or house-breaking by night, as defined in Sections 444 and 446 of the said code, in order to the committing of any offence punishable with whipping under this section. III. Whoever, having been previously convicted of any one of the offences specified in the last preceding section, shall again be convicted of the same offence, may be punished with whipping in lieu of or in addition to any other punishment to which he may for such offence be liable under the Indian Penal Code. On second conviction of any offence mentioned in last section, whipping may be added to other punishment. in case of second conviction with whipping in addition to other punishment. IV. Whoever, having been previously convicted of any Offences punishable one of the following offences, shall be again convicted of the same offence, may be punished with whipping in addition to any other punishment to which he may be liable under the Indian Penal Code, that is to say: 1. Giving or fabricating false evidence in such manner as to be punishable under Section 193 of the Indian Penal Code. 2. Giving or fabricating false evidence with intent to procure conviction of a capital offence, as defined in Section 194 of the said code. 3. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with transportation or imprisonment, as defined in Section 195 of the said code. 4. Falsely charging any person with having committed an unnatural offence, as defined in Sections 211 and 377 of the said code. 5. Assaulting or using criminal force to any woman with intent to outrage her modesty, as defined in Section 354 of the said code. 6. Rape, as defined in Section 375 of the said code. 7. Unnatural offences, as defined in Section 377 of the said code. 8. Robbery or dacoity, as defined in Sections 390 and 391 of the said code. 9. Attempting to commit robbery, as defined in Section 393 of the said code. Juvenile offenders punishable with whipping for offences not punish able with death. When offences speci. 10. Voluntarily causing hurt in committing robbery, as defined in Section 349 of the said code. 11. Habitually receiving or dealing in stolen property, as defined in Section 413 of the said code. 12. Forgery, as defined in Section 463 of the said code. 13. Forgery of a document, as defined in Section 466 of the said code. 14. Forgery of a document, as defined in Section 467 of the said code. 15. Forgery for the purpose of cheating, as defined in Section 468 of the said code. 16. Forgery for the purpose of harming the reputation of any person, as defined in Section 469 of the said code. 17. 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. 18. Lurking house-trespass by night or house-breaking by night, as defined in Sections 444 and 446 of the said code, in order to the committing of any offence punishable with whipping under this section. V. Any juvenile offender who commits any offence which is not by the Indian Penal Code punishable with death, may, whether for a first or any other offence, be punished with whipping in lieu of any other punishment to which he may for such offence be liable under the said code. VI. Whenever any local Government shall by notificafied in Section IV tion in the official gazette, have declared the provisions of may be punished with whipping in this section to be in force in any frontier district or any wild tract of country within the jurisdiction of such local Government, any person who shall in such district or tract of country, after such notification as aforesaid, commit any of the offences specified in Section IV of this Act, may be punished with whipping in lieu of any other punishment to which he may be liable under the Indian Penal Code. frontier districts and wild tracts. VII. No female shall be punished with whipping, nor shall any person who may be sentenced to death, or to transportation, or to penal servitude, or to imprisonment for more than five years, be punished with whipping. VIII. Repealed by Act X. of 1872. IX. When the punishment of whipping is awarded in addition to imprisonment, by a court whose sentence is open to revision by a superior court, the whipping shall not be inflicted until fifteen days from the date of such sentence, or if an appeal be made within that time, until the sentence is confirmed by the superior court; but the whipping shall be inflicted immediately on the expiry of the fifteen days, or in case of an appeal immediately on the receipt of the order of the court confirming the sentence, if such order shall not be received within the fifteen days. Whipping if awarded in addition to imprisoment, when to be inflicted. X. In the case of an adult, the punishment of whipping Mode of inflicting the shall be inflicted with such instrument in such mode and on punishment. such part of the person as the local Government shall direct, and in the case of a juvenile offender, it shall be inflicted. in the way of school discipline with a light rattan. In no case, if the cat-of-nine-tails be the instrument employed, shall the punishment of whipping exceed one hundred and fifty lashes, or if the rattan be employed, shall the punishment exceed thirty stripes. The punishment shall be inflicted in the presence of a justice of the peace, or of an officer authorized to exercise any of the powers of a magistrate, and also, unless the court which passed the sentence shall otherwise order, in the presence of a medical officer. XI. & XII. Repealed by Act X. of 1872. A. .D. 1864. ACT XXI.* AN ACT for the extension of the jurisdiction of the Magistrates of Police in Calcutta. Passed on the 1st April 1864. WHEREAS it is expedient to empower the magistrates of Preamble. it is enacted as follows: Extended to the Magistrate of Police in the Madras Town in 1864. Persons guilty of cer- I. Every case in which any person is charged before a tain offences may be tried summarily magistrate of police in Calcutta with having within the limits by a magistrate of of the said town, or within the limits of the port of Calcutta police. Sections 62, 63, 308. 309, 310, 311, 312, 313, and 314 of the Code of Criminal Procedure extended to Calcutta. Magistrate may take cognizance of offences without complaint made. Procedure in such cases. as those limits are or may hereafter be defined under Act XXXII. of 1855 (for the regulation of Ports and Port-dues), committed any offence under any of the provisions contained in Chapter XIV of the Indian Penal Code, except Sections 280 & 281, may be heard and determined by such magistrate in a summary way: and every such person shall, on conviction by such magistrate, be punished in the manner provided by the Indian Penal Code for the punishment of the offence of which he shall be convicted. Provided that no magistrate shall under this Act be competent to pass sentence in respect of any offence beyond the following limits, that is to say :Imprisoment of either description not exceeding six months, or fine not exceeding two hundred rupees, or both imprisonment and fine in cases in which both punishments are authorized by the Indian Penal Code. Provided also that the magistrate may commit to the high court for trial any such case which he may in his discretion think it proper so to commit. II. Sections 62, 63, 308, 309, 310, 311, 312, 313, and 314 of the Code of Criminal Procedure are hereby extended to and shall have operation within the town of Calcutta and within the limits of the port of Calcutta defined as aforesaid, and the words "Magistrate" and "Magistrate of a District" as used in the said sections, shall denote any magistrate of police in Calcutta who may be authorized in that behalf by the local Government. III. Any magistrate of Police in Calcuttta authorized as aforesaid, may without any complaint take cognizance of any offence which he has power to hear and dispose of in a summary manner, which may come to his knowledge, and he may issue a summons, or, in cases where a warrant may issue, a warrant of arrest against the person known or suspected to have committed such offence, in the same manner as if a complaint had been made against such person. IV. Save as in this Act otherwise provided the procedure contained in Act XIII. of 1856 (for regulating the police of the Towns of Calcutta, Madras and Bombay), as amended by Act XLVIII. of 1860 (to amend Act XIII. of 1856), shall be applicable to offences committed and charges made under this Act. V. This Act shall come into operation on the first day Commencement of May 1864. VI. This Act may by an order of the Governor in Council of Fort St. George, or of the Governor in Council of Bombay respectively, to be published in the official gazette, be extended to the towns and ports of Madras and Bombay, and when so extended by such order, shall take effect in the town and port to which the order shall relate from the date of the publication of such order. When so extended to either the town and port of Madras or the town and port of Bombay, this Act shall in all respects apply to such town and port as if the name of such town and port had appeared in this Act wherever the name of Calcutta appears. Act. of Act may be extended by Governors in Council of Madras and Bombay. A. D. 1865. ACT XIII. AN ACT to amend the procedure of Her Majesty's High Courts of Judicature in the exercise of their original Criminal Jurisdiction, and to provide for the exercise of such jurisdiction at places other than the Presidency Towns. Passed on the 21st March 1865. WHEREAS it is expedient to amend the procedure of the Preamble. Preliminary. I. This Act may be cited as " The High Courts' Criminal Short title. Procedure Amendment Act, 1865." |