Criminal Laws (Tamil Nadu Amendment) Act, 1993*
| [Tamil Nadu Act No. 28 of 1993] | [22nd June, 1993] |
An Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1973 in its application to the State of Tamil Nadu
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fourth Year, of the Republic of India as follows:-
* Received the assent of the Governor on the 18th Jane, 1993 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 333, dated June 22, 1993.
PART-I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the Criminal Laws (Tamil Nadu Amendment) Act, 1993.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
PART-II
AMENDMENTS TO THE INDIAN PENAL CODE
2. Amendment of section 380.- Section 380 of the Indian Penal Code (???) (hereafter in this Part ??? to as the principal Act), shall be renumbered as sub-section (1) ??? of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
"(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigonous imprisonment for a term which shall not be less than two years but which may ??? to three years and with fine which shall not be less than two thousand rapees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years."
3. Amendment of section 411.- Section 411 of the ??? shall be ??? section (1) of that section and after sub-section (1) as ??? following sub-section shall be added namely:-
"(2) Whoever dishonestly ??? or retains any idol or ??? from any building used as a place ??? knowing or ??? believe the same to be stolen property shall, notwithstanding ??? in sub-section (1), be punished with ??? shall not be lees than two years but ??? with fine which shall not be less than two thousand rupees.
Provided that the court may for adequate and ??? mentioned in the judgment, impose a sentence of ??? less than two years."
4. Amendment of section 454.- Section 454 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
"(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may expend to ten years and with fine which shall not be less than five thousand rupees;
Provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than years."
5. Amendment of section 457.- Section 457 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered the following sub-section shall be added namely:-
"(2) Whoever commits lurking house-trespass by night or housebreaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and ??? fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than three vears."
PART-III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
6. Amendment of section 427.- In section 427 of the Code of Criminal Procedure 1973 (Tamil Nadu Act ??? 1974) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1-A) Notwithstanding anything contained in sub-section (1), when Person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of section 380 of the Indian Penal Code for an offence of theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced."
Date:M MUNURAMAN,