West bengal act 007 of 1934 : Bengal Criminal Law Amendment Act, 1934

Preamble

Bengal Criminal Law Amendment Act, 1934¹

[West Bengal Act No. 7 of 1934]

[29th March, 1934]

Repealed in Part	..	Ben. Act XVI of 1946 (a) The Government of India (Adaptation of Indian Laws) Order, 1937.
Adapted	..	(b) The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. (c) The Adaptation of Laws Order, 1950.

An Act to supplement the criminal law in Bengal.

Whereas it is expedient to supplement the criminal law in Bengal for the purpose of dealing more effectively with the terrorist movement and to that end to amend the Indian Arms Act, 1878 (XI of 1878), the Explosive Substances Act, 1908 (VI of 1908), and the Indian Press (Emergency Powers) Act, 1931 (XIII of 1931), in Their application to Bengal, and also to amend the Bengal Criminal Law Amendment Act, 1930 (Ben. Act VI of 1930), and the Bengal Suppression of Terrorist Outrages Act, 1932 (Ben. Act XII of 1932), in the manner hereinafter appearing;

And whereas the previous sanction or the Governor General has been obtained under sub-section (3) of section BOA of the Government of India Act to the passing of this Act (5 & 6 Geo. V.c. 61; 6 & 7 Geo. V.c. 37; 9 & 10 Geo. V.c. 101).

It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see the Calcutta Gazette of Pt. IV, page 101 and for Report of the Select Committee, see ibid, page 106; and for Proceedings of the Council, see the Proceedings of the Bengal Legislative Council, Vol. XLIII, No. 2, pages 30 and ibid. No. 4, pages 442, 492, 533, 579, 630 and 698.

Section 1. Short title

1. Short title.- This Act may be called the Bengal Criminal Law Amendment Act, 1934.

Section 2. Amendment of Indian Arms Act, 1878, Explosive Substances Act, 1908, and Indian Press (Emergency Powers) Act, 1931

2. Amendment of Indian Arms Act, 1878, Explosive Substances Act, 1908, and Indian Press (Emergency Powers) Act, 1931.- The Indian Arms Act, 1878, the Explosive Substances Act, 1908, and the Indian Press (Emergency Powers) Act, 1931, shall, in their application to ²[West Bengal] be amended in the manner provided in this Act.

2 The words within square brackets were substituted for the word "Bengal" by Art. 3(2) of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

Section 3. Amendment of section 19A of Act XI of 1878

3. Amendment of section 19A of Act XI of 1878.- In section 19A of the Indian Arms Act, 1878 (XI of 1878), for the words, brackets and letters "under clause (c) or clause (c) or clause (f)" the words, brackets and letters "under clause (a), (c), (e) or (f)" shall be substituted.

Section 4. Insertion of new sections 20A in Act XI of 1878

4. Insertion of new sections 20A in Act XI of 1878.- After section 20 of the Indian Arms Act, 1878, the following section shall be inserted, namely:-

"20A. Enhanced punishment in certain cases.- Notwithstanding anything contained in this Act, whoever goes armed with a pistol, revolver, rifle or other fire cases arm in contravention of the provisions of section 13, or has any such fire-arm in his possession or under his control in contravention of the provisions of section for section 15, under circumstances indicating that he intended that such fire-arm should be used for the commission of any offence of murder shall, if he is tried by Commissioners appointed under the Bengal Criminal Law Amendment Act, 1925, be punished with death, or with transportation for life or any shoter term or with imprisonment for a term which may extend to fourteen years, to which fine may be added".

Section 5. Insertion of now section 5A in Act VI of 1908

5. Insertion of now section 5A in Act VI of 1908.- After section 5A of the Explosive Substances Act, 1908 (VI of 1908), the following section shall be inserted, namely:-

"5B. Enhanced punishment in certain cases.- Notwithstanding anythingconlaincd in this Act, any person who makes or has in his possession any explosive substance under circumstances indicating that he intended that such explosive substance should be used for the commission of any offencc of murder shall, if he is tried by Commissioners appointed under the Bengal Criminal Law Amendment Act, 1925, be punished with death, or with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to fourteen years, to which fine may be added."

Section 6. Insertion of now section 2A in 2B in Act XXIII of 1931

6. Insertion of now section 2A in 2B in Act XXIII of 1931.- After section 2 of the Indian Press (Emergency Powers) Act, 1931 (XXIII of 1931), the following sub-heading and sections shall be inserted, namely:-

"Prohibition of publication of certain information.

2A. Power to prohibit publication of certain information.- The ¹[State Government] may, by notification in the ²[Official Gazette], prohibit either absolutely or subject to such conditions and restrictions as may be specified in the notification, the publication in any newspaper, news-sheet, pamphlet, leaflet or other document of any class of information which, in the opinion of the ¹[State Government], tends to excite sympathy with, or secure adherents to, the terrorist movement.

2B. Prohibition of publication of names, etc. of certain witnesses.- Neither the name nor the designation nor any words, signs or visible representations disclosing the identity of any witness in a trial by Commissioners appointed under the Bengal Criminal Law Amendment Act, 1925, or in a trial by a Special Magistrate under the Bengal Suppression of Terrorist Outrages Act, 1932 (Ben. Act XII of 1932), shall, without the permission of the Commissioners, or of the Special Magistrate, as the case may be, or of the ¹[State Government], be published in any newspaper, news-sheet, pamphlet, leaflet, or other documents."

1 The words "Provincial Government" were on gin ally substituted for the words "Local Government" by para. 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word "State" was substituted for the word "Provincial" by para. 4(1) of the Adaptation of Laws Order, 1950.

2 The words within square brackets were substituted for the words "Local Official Gazette by ??? of the Government of India ???

1 See foot-note 1 on page 252, ante.

Section 7. Amendment of section 4 of Act XXIII of 1931

7. Amendment of section 4 of Act XXIII of 1931.- In sub-section (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931, after clause (i), the following words and clauses shall be inserted, namely:-

"or which

(j) give any information in contravention of a notification published under section 2A, or

(k) disclose the identity of any witness in contravention of the provisions of section 2B."

Section 8. Amendment or section 4 of Act XXIII of 1931

8. Amendment or section 4 of Act XXIII of 1931.- In sub-section (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931, before Explanation/the following proviso shall be inserted, namely;-

"Provided that no such declaration shall be made in a case to which clause (j) applies unless the keeper of the printing-press has had an opportunity of showing cause why such declaration should not be made."

Section 9. [Repealed]

9. [Repealed].- ¹[* * *]