1[Tamil Nadu] Judicial Proceedings (Regulation of Reports) Act, 1960*
| 1[Tamil Nadu Act No. 21 of 1960]2 | [26th October, 1960] |
An Act to regulate the publication of reports of judicial proceedings so as to prevent the publication of observed or indecent matter and other matters the publication of which will not be in the public interest) in the 3[State of Tamil Nadu].
Whereas it is expedient to regulate in the 3[State of Tamil Nadu] the publication of reports of judicial proceedings so as to prevent the publication of obscene or indecent matter and other matters, the publication of which will not be in the public interest;
Be it enacted in the Eleventh Year of the Republic of India as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 16th April, 1960, Part IV-A, page 144.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Received the assent of the President on the 16th October, 1960; first published in the Fart St. George Gazette on the 26th October, 1960 (Kartika 4, 1882)
1. Short title, extent and commencement.- (1) This Act may be called the 1[Tamil Nadu] Judicial Proceedings (Regulation of Reports) Act, 1960.
(2) It extends to the whole of the 3[State of Tamil Nadu].
(3) It shall come into force on* such date as the Government may, by notification, appoint.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Came into force on the 30th November, 1960.
2. Definitions.- In this Act, unless the context otherwise requires-
(a) "book" includes every volume, part or division of a volume, pamphlet and leaflet, in any language and every sheet of music, map, chart or plan separately printed, cyclostyled or lithographed or otherwise mechanically produced;
(b) "document" includes any painting, drawing or photograph or other visible representation;
(c) "Government" means the State Government;
(d) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;
(e) "matrimonial matter" means any proceeding for dissolution or nullity of marriage, or for judicial separation, or for restitution of conjugal rights or any proceeding for-
(i) the maintenance of wife, husband or children; or
(ii) the alteration in the rate of such maintenance; or
(iii) the cancellation or modification of the order of, or decree for, such maintenance;
(f) "newspaper" means any periodical work containing public news or comments on public news.
3. Restrictions on circulation, printing of publication of reports of judicial Proceeding.- (1) Notwithstanding anything contained in any law for the time being in force, no person shall print, publish or circulate or cause to be printed, published or circulated-
(a) in relation to any judicial proceeding, any indecent or obscene matter, or any indecent or obscene which would be calculated to injure public morals;
(b) in relation to any matrimonial matter or any judicial proceeding in connection with an offence under section 497 of the Indian Penal Code (Central Act XLV of 1860), any particulars except the following particulars, namely:-
(i) the names of the parties; and
(ii) the order of the Court;
(c) in relation to any judicial proceeding in connection with an offence under sections 354, 366, 366-A, 366-B, 376, 377 or 498 of the Indian Penal Code (Central Act XLV of 1860) and the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956), any particulars except the following particulars, namely:-
(i) the name, occupation and address of the accused; and
(ii) the order of the court without disclosing the identity, or giving any particulars calculated to lead to the identification, of any person who may have been a victim of the offence.
(2) Nothing in this section shall apply to the printing of any pleading, transcript of evidence or other document for use in connection with any judicial proceeding or the communication thereof to persons concerned in the proceeding or to the printing or publishing of any notice or report in pursuance of the directions of the court or to the printing or publishing of any matter in a separate volume or part of any bona fide series of law reports or in any publication of a technical character bona fide intended for circulation among members of the legal or the medical profession.
4. Penalty.- If any person contravenes sub-section (1) of section 3-
(a) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which extend to one thousand rupees, or with both; and
(b) any newspaper, book or document (including all copies thereof) in respect of which that sub-section has been contravened,) shall, by order of the court, be liable to be forfeited to the Government.
5. Offences under the Act to be cognizable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 *(Central Act V of 1898) but subject to the provisions of sub-section (2), any offence under this Act shall be deemed to be a cognizable offence within the meaning of that Code.
(2) No court shall take cognizance of any offence under this Act except with the previous sanction of the Government.
(3) No court below that of a** Presidency Magistrate or of a Magistrate of the First-class shall try any offence under this Act.
* New the Code of Criminal Procedure, 1973, (Central Act 2 of 1974).
** According to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first-class and any reference to a Presidency Magistrate shall be construed as a reference to a Metropolitan Magistrate with effect on and from the 1st April, 1974.
6. Forfeiture and setzure of newspaper etc., under section 99A of Central Act V of 1898.- The provisions of sections 99-A, 99-B and 99-D of the Code of Criminal Procedure, 1898 *(Central Act V of 1898) are hereby amended as specified in the Schedule to this Act and the provisions of sections 99-A to 99-G of the said Code as amended as aforesaid shall, notwithstanding anything contained in section 4, apply in respect of any newspaper, book or document, which appears to the Government to contain any matter in contravention of the provisions of sub-section (1) of section 3.
* New the Code of Criminal Procedure, 1973, (Central Act 2 of 1974).
7. Savings.- Nothing in this Act shall exempt any person from any proceeding which might, apart from this Act, be brought against him.
8. Power to make rules.- (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.
Schedule
THE SCHEDULE
See section 6
In the Code of Criminal Procedure, 1898 *(Central Act V of 1898),-
(1) in sub-section (1) of section 99-A, after the words "appears to the State Government to contain", the words "in relation to any" judicial proceeding, any indecent or absence matter or any indecent or ??? details, which would be calculated to injure public morals, or" and after the words that is to say", the words, brackets, letter and figures "any matter referred to in clause (a) of sub-section (1) of section 3 of the 1[Tamil Nadu] Judicial Proceedings (Regulation of Reports) Act, 1960, or" shall be inserted;
(2) in section 99-B and in sub-section (1) of section 99-D, for the words "seditious or other matter", the word "matter" shall be Substituted.
* Now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.