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persons is liable for that act in the same manner as if it common intention. were done by him alone.”
II. For Section 40 of the said code, the following section shall be substituted
" 40. Except in the chapter and sections mentioned in Offence. clauses 2 and 3 of this section, the word offence' denotes a thing made pudishable by this code.
“In Chapter IV and in the following sections, namely, Sections 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word offence' denotes a thing puwishable under this code, or under any special or local law as hereinafter defined:
"And in Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word 'offence' has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine."
III. Section 56 of the said code shall be read as if the following proviso were added thereto : "Provided that, where a European or American offender Proviso as to sentence
for term exceeding would, but for such Act, be liable to be sentenced or order
ten years but not ed to be transported for a term exceeding ten years, but not
for life. for life, he shall be liable to be sentenced or ordered to be kept in penal servitude for such term exceeding six years as to the court seems fit, but not for life.”
IV. After Section 121 of the said code, the following section shall be inserted : “121A. Whoever within or without British India con- Conspiracy to commit
offences pudishable spires to commit any of the offences punishable by Section
by Section 121. 127, or to deprive the Queen of the sovereignty of British India or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Government of India or any local Government, shall be punished with transportation for life or any sborter term, or with imprisonment of either description which may extend to ten years.
Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.”
V. After Section 124 of the said code, the following
section shall be inserted : Exciting disaffection
"]24A. Whoever by words, either spoken or intended to be read, or by signs, or by visible representation, or otherwise, excites or attempts to excite feelings of disaffection to the Government established by law in British India, shall be punished with transportation for life or for any term, to which fine may be added, or with imprisonment for a term which may extend to three years, to which fine may be added, or with fine.
Explanation.-Such a disapprobation of the measures of the Government as is compatible with a disposition to render obedience to the lawful authority of the Government, and to support the lawful authority of the Government against unlawful attempts to subvert or resist that authority, is not disaffection. Therefore, the making of comments on the measures of the Government, with the intention of exciting •only this species of disapprobation, is not an offence within
this clause." Addition to Section VI. Section 131 of the said code shall be read as if the 131.
following explanation were added hereto :
Explanation.-In this section the words officer and soldier' include any person subject to the Articles of War for the better government of Her Majesty's Army, or to
the Articles of War contained in Act No. V. of 1869." Amendment of Sec
VII. Sections 194 and 195 of the said code shall be read tions 194 and 195. as if after the words "by this code,' the words 'or the law
of England' were inserted. Amendment of Sec. VIII. Sections 222 and 223 of the said code shall be tions 222 and 223. construed as if after the word 'offence,' the following words
were inserted (that is to say), “or lawfully committed to custody :"
and Section 222 of the said code shall be construed as if the following words were added thereto (that is to say), " or if the person was lawfully committed to custody."
IX. After Section 225 of the said code, the following section shall be inserted :
“ 225A. Whoever escapes or attempts to escape from any Escape from custody
for failing to furcustody in which he is lawfully detained for failing, under
nish security. the Code of Criminal Procedure, to furnish security for good behaviour, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."
X. After Section 294 and before Chapter XV of the Indian Penal Code, the following section shall be inserted :-) “294A.. Whoever keeps any office or place for the pur- Keeping lottery
office. pose of drawing any lottery not authorized by Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
" And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.”
XI. Section 307 of the said code shall be read as if the following clause were added thereto :
“When any person offending under this section is under Attempts by lifesentence of transportation for life, he may, if hurt is caused, convicts. be punished with death.”
XII. After Section 304 of the same code, the following section shall be inserted :“304A. Whoever causes the death of any person by Causing death by
negligence. Going any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
XIII. The following chapters of the same code, namely, Application of certain IV (General Exceptions), V (Of Abetment), and XXIII
chapters of Penal
Code. (Of attempts to commit Offences) shall apply to offences punishable under the said Sections 121A, 294A and 304A,
and the said Chapters IV and V shall apply to offences
punishable under the said Seotions 124 A and 225A. Order of local XIV. No charge of an offence punishable under any of Government necessary to prosecution the said Sections 121 A, 124A and 294A shall be entertained under
Section by any court unless the prosecution be instituted by order 121A, 124A, or 294A.
of, or under authority from the local Government. Saving of special and
XV. Nothing contained in this Act shall be taken to local laws.
affect any of the provisions of any special or local law.
XVI. & XVII. and Schedules I. & II. Repealed by Act X. of 1872.
A. D. 1871. ACT I.
THE CATTLE TRESPASS ACT, 1871. An Act to consolidate and amend the law relating to trespass by cattle.
Passed on the 13th January 1871. WHEREAS it is expedent to consolidate and amend the law relating to trespasses by cattle : it is hereby enacted as follows:
I. This Act may be called 'The Cattle-trespass Act, 1871.' It extends to the whole of British India except the presidency towns and such districts or traots of country as the local Government, with the sanction of the GovernorGeneral in Council, may exclude from its operation;
and it shall come into force on the passing thereof.
II. The Acts mentioned in the schedule hereto annexed are repealed.
References to any of the said Acts passed subsequently thereto shall be read as if made to this Act,
All pounds, establishọd, pound-keepers appointed, and · villages determined, under Act No. III. of 1857 (relating to trespasses by Cattle), shall be deemed to be respectively established, appointed, and determined under this Act.
III. In this Act:
Officer of police includes also village watchman, and Interpretation.clause *Cattle’ includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, and kids.
POUNDS AND POUND-KEEPERS.
IV., Pounds shall be established at such places as the Establishment of magistrate of the district, subject to the general control of
pounds. the local Government, from time to time directs.
The village by which every pound is to be used shall be determined by the magistrate of the district.
V. The pounds shall be under the control of the magis- Control of pounds. trate of the district, and he shall fix, and may from time to Rates of charge for time alter the rates of charge for feeding and watering im
cattle, pounded cattle. VI. The magistrate of the district shall also appoint for Appointment
of each pound a pound-keeper :.
pound-keepors. Provided that, in the Presidency of Fort Saint George, Ec-officio
poundthe heads of villages, and in the Presidency of Bombay, the
and Bombay. Police pátils, or (where there are no police pátils) the heads of villages shall be ex-officio the keepers of village-pounds.
Every pound-keeper appointed by the magistrate of the Suspension or removal district be suspended or removed by such magistrate.
of pound-keepers. may Any pound-keeper may hold simultaneously any other Pound-keepers may office under Government.
hold other offices. Every pound-keeper shall be deemed a public servant Pound-keepers to bo within the meaning of the Indian Penal Code.
keepers in Madras
DUTIES OF POUND-KEEPERS.
VII. Every pound-keeper shall keep such registers and to keep registers and furnish such returns as the local Government from time to furnish returns. time directs.
VIII. When cattle are brought to a pound, the pound. To registor seizures. keeper shall enter in his register
(a) tho number and description of the animals,