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said, the offender shall be committed for trial before the sessions judge, if the evidence given before such magistrate, joint magistrate, or other officer as aforesaid shall appear to such magistrate, joint magistrate, or other officer sufficient for the conviction of the accused. XXXVI. Except as aforesaid, all offences declared to be District in which cer
tain offences shall punishable under this Act with fine, or fine and imprison be tried. ment, may be tried in the district or place in wbich the offence was committed, or in which the person charged with the same is apprehended. XXXVII. A magistrate may refer for trial and decision Magistrate may refer
offences punisbable any charge of an offence hereby made punishable by fine
with fine to his only, to any of his assistants, and in such case every such assistants for trial, assistant may exercise all the powers vested in a magistrate by any law for the time being in force, subject to all the rules applicable to criminal cases deputed to such assistant acting judicially. XXXVIII. The local Government may give general.Local Government
may authorize asauthority to any such assistant to exercise, without refer
sistants to exercise ence by a magistrate, any of the powers which they are such powers with.
out reference by hereby rendered competent to exercise upon reference by a Magistrate. mågistrate, subject to appeal to the magistrate from any conviction by such assistant within one month from the date of conviction. XXXIX. A magistrate may at any time call from any Magistrate may call
any case pending of his assistants, any case pending before sucu assistant.
before such assist. XL. If any offence whish by this Act is declared to be Jurisdiction orer Bri
tish subjects compunishable with fine and imprisonment, or imprisonment
mitting certain ofonly, shall be committed by a European British subject fences beyond the
limits of Supreme beyond the local limits of the jurisdiction of Her Majesty's
Court. supreme courts of judicature, the offender shall be liable, upon conviction before one of the said supreme courts of judicature, to the punishment to which by this Act the offender is declared to be liable upou conviction.
XLI. If any offence which by this Act is declared to be Summary jurisdiction punishable with fine or with fine and imprisonment not
in respect of certain
offences com initted exceeding six months shall be committed by any person
within the limits of
Supreme Court. within the local limits of the jurisdiction of any court of judi
cature established by Royal Charter, such offence shall be puoishable upon summary conviction by any police magistrate of the presidency town or station in which such court
is held. Conviction to be XLII. No conviction, order, or judgment under the last
quashed on merits ouly.
preceding section shall be quashed for error of form or procedure, but only on the merits; and it shall not be necessary to state on the face of the conviction, order, or judg. ment the evidence on which it proceeds, but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment in obedience to any writ of certiorari, and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall
be aided by what so appears in such depositions. All other
XLIII. All other offences punishable under this Act committed within which shall be cominitted within the local limits of any limits of Supreme Court punishable court of judicature established by Royal Charter, shall be by such Court.
punishable by such court. Levy of forfeiture and XLIV. All forfeitures or penalty imposed under the pealties by dis- authority of this Act for offences punishable by any magistrest.
trate of police or by any magistrate, or person lawfully exercising the powers of a magistrate, or assistant magis. trate, may, in case of non-payment thereof, be levied by distress and sale of the goods and chattels of the offender by warrant under the hand of any of the abovenamed
officers. Procedure until re XLV. In case any such forfeiture or penalties shall not
vf dis- be forthwith paid, any such officer may order the offender
to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such officer for his appearance at such place and tiine as shall
be appointed for the return of the warrant of distress. Imprisonment if dis XLVI. If upon the return of such warrant it shall appear iress Dot sufficient.
that no sufficient distress can be had whereon to levy such fine, and the same shall not be forth with paid, or in case it shall appear to the satisfaction of such officer, by the confession of the offender or otherwise, that he has not sufficient
turn is made to
goods and chattels whereupon such fine or sum of money could be levied if a warrant of distress were issued, any such officer may, by warrant under his hand, commit the offender, provided he is not a European British subject, to prison, there to be imprisoned, according to the discretion of such officer, for any term not exceeding two calendar months when the amount of fine shall not exceed fifty rupees, and for any term not exceeding four calendar months when the amount shall not exceed one bundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount. XLVII. If the ofender shall be a European British Levy of fines from
European British subject, the magistrate shall record the fact and transmit
subjects. such record to the district court of the district wherein the offender is convicted, and the amount of the fine and costs (if any) shall be levied in the manner provided for the execution of decrees of the civil court.
XLVIII. Any fine or penalty levied from any person Rewards to informers. convicted of an offence under this Act, or any portion of such fine or penalty, may be awarded to the person on whose information the conviction shall take place. XLIX.* No suit, action, or other proceeding shall be notice and limitation
of suits. commenced or prosecuted against any person for anythivg done in pursuance of this Act without giving to such person a month's previous notice in writing of the intended action and of the cause thereof, nor after the expiration of three months from the accrual of the cause of action or other proceeding.
L. It shall be lawful for the Governor General of India Parts of district may in Council, or for the Executive Government of any presidency, be withdrawn from or for any Lieutenant Governor, or with the sanction of the Act and again made Governor General of India in Council, for any Chief Commis
subject to it. sioner of any province, from time to time to withdraw from the operation of all or any of the provisions of this Act, any part or parts of any district or place; and in like manner,
*So much of this section as relates to the limitation of suits, repealed by Act IX of 1871.
as occasion shall require, to subject the same again to the
operation of all or any of the provisions of this Act. Act not intended to LI. Nothing in this Act shall be construed to alter or alter of affect any effect the provisions of any law or other regulation for the
law to licences. time being in force relating to licences.
LII. Repealed by Act XIV. of 1870. Grant of licences in LIII. All licences which may by this Act be granted Presidency towns, by a magistrate may, in the presidency towns, be granted
by a commissioner of police. Interpretation of the LIV. The word "India" in this Act shall mean the word " India.”
territories which are or may become vested in Her Majesty by the statute 21 & 22 Vic. c. 106, entitled “ An Act for the better Government of India."
LV. Repealed by Acts VI of 1866 and XIV. of 1870.
A. D. 1860*. ACT XLV.
The Indian Penal Code.
CHAPTER I. Preamble.
WHEREAS it is expedient to provide a general code for Bri
tish India; it is enacted as follows :Title and extent of
I. This Act shall be called THE INDIAN Penal CODE, operation of the and shall take effect on and from the first day of May 1861, Code.
throughout the whole of the territories which are or may become vested in Her Majesty by the Statute 21 & 22 Victoria, Chapter 106, entitled “ An Act for the better Government of India,” except the Settlement of Prince of Wales'
Island, Singapore and Malacca. Punishment of offen. II. Every person shall be liable to punishment under
ces committed with. in the said terri: this code, and not otherwise, for every act or omission contories.
trary to the provisions thereof, of which he shall be guilty within the said territories on or after the said first day of May 1861.
* Vide Act No. XVII. of 1862, and also Act XVIII. of 1862.
The operation of this Act was suspended to 1st January 1862, vide Act VI. of 1861.
III. Any person liable, by any law passed by the Punishment of of
fences committed Governor General of India in Council, to be tried for an beyond, but which offence committed beyond the limits of the said territories,
by law may be tried
within the territoshall be dealt with according to the provisions of this code ries. for
any act committed beyond the said territories, in the same manner as if such act had been committed within the said territories. IV. Every servant of the Queen shall be subject to Punishment of offen
ces committed by a punishment under this code for every act or omission con
the trary to the provisions thereof, of which he, whilst in such Queen within a
foreign allied state. service, shall be guilty, on or after the said first day of May 1861, within the dominions of any prince or state in alliance with the Queen, by virtue of any treaty or engagement heretofore entered into with the East India Company, or which may bave been or may hereafter be made in the name of the Queen by any Government of India.
V. Nothing in this Act is intended to repeal, vary, sus. Certain laws not to be pend, or affect any of the provisions of the Statute 3 & 4,
affected by this Act. William IV, "Chapter 85, or of auy Act of Parliament passed after that statute in any wise affecting the East India Company, or the said territories, or the inhabitants thereof; or any of the provisions of any Act for punishing mutiny and desertion of officers and soldiers, in the service of Her Majesty* or of arly special or local law.
GENERAL EXPLANATIONS. VI. Throughout this code every definition of an offence, Definitions in the
Code to be underevery penal provision, and every illustration of every such stood subject to definition or penal provision, shall be understood subject to
exceptions. the exceptions contained in the chapter entitled “General Exceptions,” though those exceptions are not repeated in such definition, penal provision, or illustration.
Illustration. (a.) The sections in this code which contain definitions of offences, do not express that a child under seven years of age cannot commit such offenses ; but the definitions are to be understood subject to the
# Vide Act XIV. of 1870.