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aforesaid, shall be liable, upon conviction before a magistrates to pay a fine not exceeding fifty rupees, or to undergo imprisonment of either description, as defined in the Indian
Penal Code, for any term not exceeding two months. Portion of fine may XVI. The magistrate trying the case may direct any porbe paid to an infor- tion of any fine which shall be levied under either of the two
last preceding sections to be paid to an informer. Notice of penalties XVII. The superintendent shall cause to be affixed, in a under Sections 14 and 15 to be affixed conspicuous place outside the jail, a notice, in English and outside the jail, in the vernacular language of the district in which the jail
is situated, setting forth the penalties that will be incurred by persons committing any offence in contravention of Sec
tions 14 and 15 of this Act. Government may con. XVIII. It shall be lawful for the Governor in Council to fer the powers of
punishment created confer upon any person, other than a superintendent of a jail, by this Act op of- who may be placed in charge of convicts, the whole or any ficers other than superintendents of part of the powers of punishment vested in the superintendjails.
ent of a jail by Sections 9, 11, and 12 of this Acts and the provisions of Section 13. shall be applicable to all such
officers. Persons of all classes XIX. The penal provisions of this Act shall apply to all
amepable to pun-
XX. This Act my be called “The Madras Jails Act, 1869."
A. D. 1869. ACT VII.
An Act to continue Act No. XX, of 1859 (An Act for the
suppression of outrages in the District of Malabar in the Presidency of Fort Saint George).
Passed on the 3rd December 1869. WAEREAS Act No. XX. of 1859 will expire on the 31st day of December 1869, and whereas it is expedient to continue the said Act beyond that period; it is enacted as follows:
1. Act No. XX. of 1859 (An Act for the suppression of ourrages in the District of Malabar, in the Presidency of Fort Saint George) shall continue in force from the passing of this Act until the Governor of Fort Saint George in
Act XX. of 1859 to
be continued in force.
Council shall, by an order published in the Fort Saint
Section 13 of that
Act repealed. III. This Act may be called “The Moplah Outrages Short title. Act continuance Act."
A. D. 1872. ACT I.
An Act to amen: A ct XXXI. of 1859 (An Act for the vetter
regulation of the Police within the territories subject to
Passed on the 30th May 1872. WHEREAS it is expedient to amend Act XXIV. of 1859 Preamble. (An Act for the better regulation of the Police within the territories subject to the Presidency of Fort St. George) ; it is hereby enacted as follows :I. Section 48 of the said Act shall be read as if it con- Amendment of Sec
tion 48 of Act tained the following words after the word “ town" in the XXIV of 1859. said section :-"or other place to which this section shall, by notification in the Fort St. George Gazette, be specially extended by Government.”
II. No sentence or order passed by, or proceeding had Indemnity clause. before any megistrate, or act done by any police officer, under the provisions of the said section, either by reason of any notification of the Governor of Fort St. George in Council, issued otherwise than under the authority of Section 13 of Madras Act I. of 1866 (An Act to repeal Madras Act IV. of 1865, and to make provision for the administration of Military Cantonments in the Presidency of Fort St. George), declaring the places to which the said Section 48 of Act XXIV. of 1859 shall be extended, or by reason of any notification to the like effect issued by any magistrate of a district, shall be deemed to be or to have been invalid ; and no suit shall lie in any court in respect of any such sentence, order, proceeding or act merely on the ground that the said Governor of Fort St. George in Council, or such magistrate of a district, was not empowered by law to issue such notification.
SCHEDULE I V. EXPLANATORY Notes. — 1st. The entries in the 2nd and 6th columns of the schedule, headed respectively “Offence" and "Punishment under the Indian Penal Code,” are not intended as definitions of the offences and punishments described in the several corresponding sections of the Indian Penal Code, or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the 1st column.
2nd.—The term “Whether bailable or not,” in column 5, is to be taken in connection with the provisions of Sections 388 and 389 of this code.
3rd. --Offences may be tried by a Court superior to the Court specifically mentioned in columu 7. For example, a Court of Session may try an offence entered in column 7 as triable by a Magistrate.
4th. The words “any Magistrate," as used in column Z, shall include any Magistrate of the 1st, 2nd or 3rd class.
5th. - In the territories in British India to which the General Regulations of Bengal, Madras and Bombay do not extend, the powers given by this Act shall be exercised by such officers as the Local Government of those territories respectively shall appoint.
-6th. --The last part of the schedule, headed “ Offences against other Laws,” shall not be taken to alter or affect any special provision contained in such laws regarding the procedure to be followed in the case of offences made punishable thereby.
7th.-The direction in column 4 is meant to indicate to Magistrates the mapuer in which the discretion vested in them by Sections 148, 149, and 150 is commonly to be used, but it is not to affect the definition of summons cases and warrant cases given in Section 4.
CHAPTER V.-Of Abetment.
CHAPTER V.-0f Abetment (continued.)
111 When one act is abetted and a May arrest with According as a According as the The game punishment as for the By the Court by
different act ix done, subject to out warrant if warrant offence abet- offence intended to be abetted. which the of
fence abetted is
Ditto Not bailable. Imprisonment of either descrip Ditto.
tion for 7 years and fine.
Ditto ... Imprisonment of either descrip Ditto.
tion for 14 years and fine.
Ditto ... According as Imprisonment extending to part Ditto.
offence of the longest term, and of any be pot committed in consequence
abetted is description provided for the of the abetment.
or offence, or fine, or both. Dot.