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Act 008 of 1932 : Bengal Criminal Law Amendment (Supplementary) Act, 1932

Preamble

[Repealed by Act 48 of 1952, Section 2 and Schedule I]
[Passed by the Indian Legislature.]
(Received the assent of the Governor General on the 5th April, 1932.)

An Act to supplement the Bengal Criminal Law Amendment Act, 1930.

Whereas it is expedient to supplement the Bengal Criminal Law Amendment Act, 1930 (Act VI 1930); It is hereby enacted as follows:-

Section 1. Short title and duration

1. Short title and duration:- 2[* * *]

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Prior to repeal by Act 48 of 1952, Section 1 read as:

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1. Short title and duration.- This Act may be called the Bengal Criminal Law Amendment (Supplementary) Act, 1932.

1[Omitted]

1 Omitted by Act 26 of 1934, S. 2. Prior to omission it read:

It shall remain in force for a period not exceeding three years.

2 Repealed by Act 48 of 1952, Section 2 and Schedule I.

Section 2. Power to order custody in jail outside Bengal and

2. Power to order custody in jail outside Bengal and:- 4[* * *]

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Prior to repeal by Act 48 of 1952, Section 2 read as:

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2. Power to order custody in jail outside Bengal and.- The power of the Local Government under sub-section (1) of section 2 of the Bengal Criminal Law Amendment Act, 1930 (Act VI 1930) (hereinafter referred to as the local Act), to direct by order in writing that any person shall be committed to custody in jail shall be deemed to include a power to direct, by order in writing 1[* * *], that such person shall be committed to custody in any jail in British India; and, for all or any of the purposes of the local Act, an order so made shall be deemed to be an order made under section 2 of that Act, and all the provisions of that Act shall apply accordingly:

Provided that 2[no such order as aforesaid shall be made except with previous comsect of the Provincial Government of the 3[Part A State or Part C State] in which the jail is situated; and] the powers exercisable by the Local Government under section 11 of the local Act in respect of any person committed to custody in a jail outside Bengal, and under section 13 of that Act to provide for the manner of custody of any such person, shall be exercised by the Local Government of the 3[Part A State or Part C State] in which the jail is situated, and rules made by such Local Government in exercise of such powers shall be published in the local official Gazette.

1 The words "made with the previous sanction of the Governor General in Council" omitted by A.O. 1937, dt. 18-3-1937 (w.e.f. 1-4-1937).

2 Ins. by A.O., 1937 dt. 18-3-1937 (w.e.f. 1-4-1937).

3 Subs. for "Province" by A.L.O., 1950 [C.O. 4], w.e.f. 26-1-1950.

4 Repealed by Act 48 of 1952, Section 2 and Schedule I.

Section 3. Construction

3. Construction:- 1[* * *]

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Prior to repeal by Act 48 of 1952, Section 3 read as:

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3. Construction.- References to the local Act in sections 14 and 15 of that Act shall be deemed also to be references to the local Act as supplemented by this Act.

1 Repealed by Act 48 of 1952, Section 2 and Schedule I.

Section 4. Bar of certain legal proceedings

4. Bar of certain legal proceedings:- 1[* * *]

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Prior to repeal by Act 48 of 1952, Section 4 read as:

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4. Bar of certain legal proceedings.- The powers conferred by section 491 of the Code of Criminal Procedure, 1898 (V of 1898), shall not be exercised in respect of any person arrested, committed to or detained in custody Under the local Act or the local Act as supplemented by this Act.

1 Repealed by Act 48 of 1952, Section 2 and Schedule I.

Section 5. Repeals

5. Repeals.- 1[* * *].

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Prior to amendment by Act 1 of 1938, Section 5 read as:

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5. Repeals.- Sections 4, 5 and 6 of the Bengal Criminal Law Amendment (Supplementary) Act, 1925, are hereby repealed.

1 Repealed by Act 1 of 1938, S. 2 and Sch.