| [Act 23 of 1932] | [19th December, 1932] |
An Act to supplement the criminal law
Whereas it is expedient to supplement the criminal law and to that end to amend the Indian Press (Emergency Powers) Act, 1931 (23 of 1931), and further to amend 1[* * *] the Indian Criminal Law Amendment Act, 1908 (14 of 1908), for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1 The word "temporarily" was repealed by the Criminal Law Amendment Act, 1935, Section 3.
1. Short title, extent, duration and commencement.-(1) This Act may be called the Criminal Law Amendment Act, 1932.
1[(2) It extends to the whole of India except 2[the territories which, immediately before the 1st November, 1956, were comprised in] Part B States.]
3[* * *]
(4) The whole of the Act except 4[* * *] Section 7 shall come into force at once, and the State Government may, by notification5 in the Official Gazette direct that 6[* * *] Section 7 shall come into force in any area on such date as may be specified in the notification.
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Prior to amendment by 3 A.L.O., 1956, Section 1 read as:
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1. Short title, extent, duration and commencement.-(1) This Act may be called the Criminal Law Amendment Act, 1932.
7[(2) It extends to the whole of India except Part B States.]
8[* * *]
(4) The whole of the Act except 9[* * *] Section 7 shall come into force at once, and the State Government may, by notification10 in the Official Gazette direct that 11[* * *] Section 7 shall come into force in any area on such date as may be specified in the notification.
1 Substituted by the A.O. 1950 for former sub-section.
2 Inserted by 3 A.L.O., 1956.
3 Sub-section (3), limiting the duration of the Act to three years from commencement was repealed by Criminal Law Amendment Act, 1935, Section 2.
4 The words and figure "Section 4 and" were repealed by Criminal Law Amendment Act, 1935, Section 4.
5 Section 7 was brought into force in-
Former Province of Bihar and Orissa from 26-12-1932 : see B.&O. Gazette Extraordinary, dated 26-12-1932;
The Delhi Province from 24-12-1932 : see Gazette of India, Extraordinary, 1932, p. 429;
The City of Bombay, the Bombay Suburban district and the districts of Kaira, Ahmednagar, East Khandesh, West Khandesh, Ratnagiri and Kanara from 29-12-1932 : see Bombay Gazette, Extraordinary, dated 27-12-1932;
Amritsar district from 31-12-1932 : see Punjab Gazette, Extraordinary, 1932, p. 163;
The districts of Cachar, Goalpara, Kamrup, Darrang, Nowgong, Sibsagar and Lakhimpur from 7th January, 1933 : see Assam Gazette, Extraordinary, dated 7-1-1933;
Ajmer-Merwara from 30-9-1933 : see Gazette of India 1933, Part II-A, p. 716.
6 The words and figure "Section 4 or" were repealed by the Criminal Law Amendment Act, 1935, Section 4.
7 Substituted by the A.O. 1950 for former sub-section.
8 Sub-section (3), limiting the duration of the Act to three years from commencement was repealed by Criminal Law Amendment Act, 1935, Section 2.
9 The words and figure "Section 4 and" were repealed by Criminal Law Amendment Act, 1935, Section 4.
10 Section 7 was brought into force in-
Former Province of Bihar and Orissa from 26-12-1932 : see B.&O. Gazette Extraordinary, dated 26-12-1932;
The Delhi Province from 24-12-1932 : see Gazette of India, Extraordinary, 1932, p. 429;
The City of Bombay, the Bombay Suburban district and the districts of Kaira, Ahmednagar, East Khandesh, West Khandesh, Ratnagiri and Kanara from 29-12-1932 : see Bombay Gazette, Extraordinary, dated 27-12-1932;
Amritsar district from 31-12-1932 : see Punjab Gazette, Extraordinary, 1932, p. 163;
The districts of Cachar, Goalpara, Kamrup, Darrang, Nowgong, Sibsagar and Lakhimpur from 7th January, 1933 : see Assam Gazette, Extraordinary, dated 7-1-1933;
Ajmer-Merwara from 30-9-1933 : see Gazette of India 1933, Part II-A, p. 716.
11 The words and figure "Section 4 or" were repealed by the Criminal Law Amendment Act, 1935, Section 4.
2. Dissuasion from enlistment.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
3. Tempering with public servants.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
4. Boycotting a public servant.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
5. Dissemination of contents of prescribed document.-(1) Whoever publishes, circulates or repeats in public any passage from a newspaper, book or other document copies whereof have been declared to be forfeited to Government under any law for the time being in force, shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) No Court shall take cognizance of an offence punishable under this section unless the State Government has certified that the passage published, circulated or repeated contains, in the opinion of the State Government, seditious or other matter of the nature referred to in sub-section (1) of Section 99-A of the Code of Criminal Procedure, 1898 (5 of 1898), or sub-section (1) of Section 4 of the Indian Press (Emergency Powers) Act, 1931 (23 of 1931).
6. Dissemination of false rumours.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
7. Molesting a person to prejudice of employment or business.-(1) Whoever-
(a) with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or intimidates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or
(b) loiters or does any similar act at or near the place where a person carries on business, in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place,
shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Explanation.-Encouragement of indigenous industries or advocacy of temperance, without the commission of any of the acts prohibited by this section is not an offence under this section.
(2) No Court shall take cognizance of an offence punishable under this section except upon a report in writing of facts which constitute such offence made by a police-officer not below the rank of officer in charge of a police-station.
8. Power to order parent or guardian to pay fine imposed on young person.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
9. Procedure in offences under the Act.-Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898),-
(i) no Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall try any offence under this Act;
(ii) an offence punishable under Sections 1[* * *] 5 2[* * *] or 7 shall be cognizable by the police;
3[* * *] and
(iv) an offence punishable under Section 7 shall be non-bailable.
1 The figures "2", "3" and "6" were repealed by the Criminal Law Amendment Act, 1935, Section 5.
2 The figures "2", "3" and "6" were repealed by the Criminal Law Amendment Act, 1935, Section 5.
3 Clause (iii) was repealed by the Criminal Law Amendment Act, 1935, Section 5.
10. Power of State Government to make certain offences cognizable and non-bailable.-(1) The State Government may, by notification1 in the Official Gazette, declare that any offence punishable under Section 186, 188, 189, 190, 228, 295-A, 298, 505, 506 or 507 of the Indian Penal Code (45 of 1860), when committed in any area specified in the notification shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), be cognizable, and thereupon the Code of Criminal Procedure, 1898, shall while such notification remains in force, be deemed to be amended accordingly.
(2) The State Government may, in like manner and subject to the like conditions, and with the like effect, declare2 that an offence punishable under Section 188 or Section 506 of the Indian Penal Code (45 of 1860) shall be non-bailable.
1 For such notifications, as to the former Province of Bihar and Orissa, see B.&O. Gazette, Extraordinary, dated 26-12-1932; and as to the former Presidency of Bombay, see Bombay Gazette, Extraordinary, dated 27-12-1932.
2 For such notifications, as to the former Province of Bihar and Orissa, see B.&O. Gazette, Extraordinary, dated 26-12-1932; and as to the former Presidency of Bombay, see Bombay Gazette, Extraordinary, dated 27-12-1932.
11. Amendment of Section 16, Act 14 of 1908.-[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
12. Amendment of Section 17, Act 14 of 1908.-[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
13. Insertion of new Sections 17-A to 17-F in Act 14 of 1908.-[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
14. Amendment of title and preamble of Act 23 of 1931.-[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
15. Amendment of Section 1, Act 23 of 1931.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
16. Amendment of Section 4, Act 23 of 1931.-[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
17. Cessation of effect of Section 62, Ordinance 10 of 1932.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]
18. Adoption and continuance of action taken under Ordinance 10 of 1932.-Anything done or any proceedings commenced in pursuance of the provisions of Chapter VI of the Special Powers Ordinance, 1932 (10 of 1932), shall, upon the commencement of this Act, be deemed to have been done or to have been commenced in pursuance of the corresponding provisions of the Indian Criminal Law Amendment Act, 1908 (45 of 1908), as amended by this Act, and shall have effect as if this Act was already in force when such thing was done or such proceedings were commenced.
19. Adoption and continuance of action taken under Act 23 of 1931 as amended by Ordinance 10 of 1932.-Anything done or any proceedings commenced in pursuance of the provisions of the Indian Press (Emergency Powers) Act, 1931 (23 of 1931), as amended by Section 77 of the Special Powers Ordinance, 1932 (10 of 1932), shall, upon the commencement of this Act, be deemed to have been done or to have been commenced in pursuance of the corresponding provisions of the Indian Press (Emergency Powers) Act, 1931, as amended by this Act, and shall have effect as if this Act was already in force when such thing was done or such proceedings were commenced.
20. Trial of, and completion of trials of, offences against Ordinance 10 of 1932.-[Repealed by the Criminal Law Amendment Act, 1935, Section 2.]