Indian Penal Code and the Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1982*
| [Tamil Nadu Act No. 13 of 1982]* | [13th March, 1982] |
An Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1973 in their application to the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated 8th February, 1982, Part IV-Section 1, page 10.
* Received the assent of the President on the 12th March, 1982, first published in the Tamil Nadu Government Gazette Extraordinary, on the 13th March, 1982 (Masi 29, Thunmathi, Thiruvalluvar Aandu-2013)
1. Short title, extent and commencement.- (1) This Act may be called the Indian Penal Code and the Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1982.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be deemed to have come into force on the 21st September, 1981.
2. Amendment of section 292-A Central Act XLV of 1860.- In section 292-A of the Indian Penal Code (Central Act XLV of 1860),-
(i) for the words "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both", the following shall be substituted, namely:-
"shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, or with fine, or with both, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine";
(ii) in the proviso, the words "and not more than two years" shall be omitted.
3. Amendment of Central Act 2 of 1974.- In the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-
(i) in sub-section (1) of section 455, after the word and figures "section 292", the word, figures and letter "section 292-A" shall be inserted;
(ii) in the First Schedule, for the entries relating to section 293, the following entries shall be substituted, namely:-
| (1) | (2) | (3) | (4) | (5) | (6) |
| "292-A | Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail. | On first conviction with imprisonment for 2 years, or fine or both, and in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine. | Cognizable | Non-bailable. | Any Magistrate. |
| 293 | Sale etc., of obscene objects to young persons. | On first conviction with imprisonment for 3 years, and with fine of 2,000 rupees and in the event of second or subsequent conviction, with imprisonment for 7 years and with fine, of 5,000 rupees. | Cognizable. | Bailable. | Any Magistrate. |
4. Repeal and saving.- (1) The Indian Penal Code and live Code of Criminal Procedure (Tamil Nadu Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 12 of 1981) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Indian Penal Code (Central Act XLV of 1860) or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) as amended by the said Ordinance shall be deemed to have been done or taken under the said Indian Penal Code or the said Code of Criminal Procedure, as the case may be, as amended by this Act.