Act 23 of 1932 : The Criminal Law (Amendment) Act, 1932

18 Dec 1932
Department
  • Department of Internal Security
Ministry
  • Ministry of Home Affairs
Enforcement Date

1932-12-18T18:30:00.000Z

The Criminal Law (Amendment) Act, 1932

ACTNO. 23 OF 1932
19 December, 1932

Section 1: Short title, extent, duration and commencement .

(1) This Act may be called the Criminal LawAmendment Act, 1932.

1[(2) It extends to the whole of India except 2[the territories which, immediately before the 1stNovember, 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 StateGovernment may, by notification5 in the Official Gazette direct that 6 section 7 shall come into forcein any area on such date as may be specified in the notification.

STATE AMENDMENTS

Karnataka

Amendment of Central Act 23 of 1932.--In the Criminal Law Amendment Act, 1932 (Central Act23 of 1932), in sub-section (2) of section 1 after the words and letters u201cPart B Statesu201d, the followingwords, brackets, letters and figures shall be added, namely:--

"other than the territories specified in clause (a) and clause (c) of sub-section (1) of section 7 of theStates Reorganisation Act, 1956 (Central Act 37 of 1956)."

Vide Karnataka Act 29 of 1975, s. 3].

1. Subs. by the A.O. 1950, for the sub-section (2).

2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States".

3. Sub-section (3) limiting the duration of the Act to three years from commencement, rep. by Criminal Law Amendment Act,1935, s. 2.

4. The words and figure "section 4 and" omitted. by s. 4, ibid

5. S. 7 was brought into force in

Former Province of Bihar and Orissa, from 26th December, 1932: see B. & O. Gazette, Extraordinary, dated 26thDecember, 1932;

The Delhi Province, from 24th December, 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, WestKhandesh, Ratnagiri and Kanara, from 29th December, 1932: see Bombay Gazette, Extraordinary, dated 27thDecember, 1932;

Amritsar district, from 31st December, 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 7th January, 1933;

Ajmer-Merwara, from 30th September, 1933: see Gazette of India, 1933, Pt. II-A, p. 716.

6. The words and figure "section 4 or" omitted by the Criminal Law Amendment Act, 1935, s. 4.

Section 2: [Repealed.].

[Dissuasion from enlistment.] Rep. by the Criminal Law Amendment Act, 1935, s. 2.

Section 3: [Repealed.].

[Tampering with public servants.] Rep. by s. 2, ibid.

Section 4: [Repealed.].

[Boycotting a public servant.] Rep. by s. 2, ibid.

Section 5: Dissemination of contents of prescribed document.

(1) Whoever publishes, circulates orrepeats in public any passage from a newspaper, book or other document copies whereof have beendeclared to be forfeited to Government under any law for the time being in force, shall be punishedwith 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 StateGovernment has certified that the passage published, circulated or repeated contains, in theopinion of the State Government, seditious or other matter of the nature referred to in1sub-section (1) of section 99A of the Code of Criminal Procedure, 1898 (5 of 1898), orsub-section (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931 (23 of 1931).

1. Now see sub-section (1) of section 95 of the Code of Criminal Procedure, 1973 (2 of 1974).

Section 6: [Repealed.].

[Dissemination of false rumours.] Rep. by the Criminal Law Amendment Act, 1935,s. 2.

Section 7: Molesting a person to prejudice of employment or business.

(1) Whoeveru2014

(a) with intent to cause any person to abstain from doing or to do any act which suchperson has a right to do or to abstain from doing, obstructs or uses violence to or intimidatessuch person or any member of his family or person in his employ, or loiters at or near a placewhere such person or member or employed person resides or works or carries on business orhappens to be, or persistently follows him from place to place, or interferes with any propertyowned 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 sucha way and with intent that any person may thereby be deterred from entering or approaching ordealing at such place,

shall be punished with imprisonment for a term which may extend to six months, or with fine which mayextend to five hundred rupees, or with both.

Explanation.u2014Encouragement of indigenous industries or advocacy of temperance, without thecommission 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 upona report in writing of facts which constitute such offence made by a police-officer not below therank of officer in charge of a police-station.

Section 8: [Repealed.].

[Power to order parent or guardian to pay fine imposed on young person.] Rep. by the CriminalLaw Amendment Act, 1935, s. 2.

Section 9: Procedure in offences under the Act.

Notwithstanding anything contained in the Code ofCriminal Procedure, 1898 (5 of 1898),

(i) no Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall tryany offence under this Act;

(ii) an offence punishable under sections 1 5 2 or 7 shall be cognizable by the police;police;

3 and

(iv) an offence punishable under section 7 shall be non-bailable.

1. The figures "2", "3" omitted by the Criminal Law Amendment Act, 1935, s. 5.

2. The figures "6" omitted by s. 5, ibid.

3. Clause (iii) omitted by s. 5, ibid.

Section 10: Power of State Government to make certain offences cognizable and non -bailable.

(1) The State Government may, by notification1in the Official Gazette, declare thatany offence punishable under section 186, 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of theIndian 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), becognizable, and thereupon the Code of Criminal Procedure, 1898, shall, while such notificationremains in force, be deemed to be amended accordingly.

(2) The State Government may, in like manner and subject to the like conditions and withthe like effect, declare1that an offence punishable under section 188 or section 506 of the IndianPenal Code (45 of 1860), shall be non-bailable.

1. For such notifications, as to the former Province of Bihar and Orissa, see B. & 0. Gazette, Extraordinary, dated 26thDecember, 1932; and as to the former Presidency of Bombay, see Bombay Gazette, Extraordinary, dated 27thDecember, 1932.

Section 11: [Repealed.].

[Amendment of section 16, Act 14 of 1908.] Rep. by the Repealing Act, 1938 (1 of 1938),s. 2 and the Schedule.

Section 12: [Repealed.].

[Amendment of section 17, Act 14 of 1908.] Rep. by s. 2 and the Schedule. ibid.

Section 13: [Repealed.].

[Insertion of new sections 17A, 17B, 17C, 17D, 17E and 17F in Act 14 of 1908.] Rep bythe s. 2 and the Schedule, ibid.

Section 14: [Repealed.].

[Amendment of title and preamble of Act 23 of 1931.] Rep. by the Repealing Act, 1938(1 of 1938), s. 2 and the Schedule.

Section 15: [Repealed.].

[Amendment of s. 1, Act 23 of 1931. Rep.] by the Criminal Law Amendment Act, 1935,s. 2.

Section 16: [Repealed.].

[Amendment of s. 4, Act 23 of 1931.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2and Schedule.

Section 17: [Repealed.].

[Cessation of effect of s. 62, Ordinance 10 of 1932.] Rep. by the Criminal Law Amendment Act,1935, s. 2.

Section 18: Adoption and continuance of action taken under Ordinance 10 of 1932.

Anythingdone or any proceedings commenced in pursuance of the provisions of Chapter VI of theSpecial Powers Ordinance, 1932 (10 of 1932), shall, upon the commencement of this Act, bedeemed to have been done or to have been commenced in pursuance of the correspondingprovisions of the Indian Criminal Law Amendment Act, 1908 (45 of 1908), as amended by thisAct, and shall have effect as if this Act was already in force when such thing was done or suchproceedings were commenced.

Section 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 theprovisions of the Indian Press (Emergency Powers) Act, 1931 (23 of 1931), as amended bysection 77 of the Special Powers Ordinance, 1932 (10 of 1932), shall, upon the commencementof this Act, be deemed to have been done or to have been commenced in pursuance of thecorresponding provisions of the Indian Press (Emergency Powers) Act, 1931, as amended by thisAct, and shall have effect as if this Act was already in force when such thing was done or suchproceedings were commenced.

Section 20: [Repealed.].

[Trial of, and completion of trials of, offences against Ordinance 10 of 1932.] Rep. by theCriminal Law Amendment Act, 1935, s. 2.