bombay act 039 of 1957 : Abolition of Whipping Act, 1957

Abolition of Whipping Act, 1957

BOMBAY ACT 039 OF 1957

28 September, 1957

An Act to provide for the abolition of whipping as a punishment in the State of Bombay.

Whereas Parliament has enacted the Abolition of Whipping Act, 1955 (XLIV of 1966), for the purpose of the abolition of whipping as a punishment;

And Whereas it is expedient to provide for the abolition of whipping as a punishment in the State of Bombay and for that purpose to repeal the Bombay (Emergency Powers) Whipping Act, 1947 (Bom. XXVII of 1947) and further to amend the Bombay prevention of Prostitution Act, 1923 (Bom. XI of 1923) and also the Prisons Act, 1894 (IX of 1894) in the areas in the State to which it extends but excluding the Saurashtra area; It is hereby enacted in the Eighth Year of the Republic of India as follows:

Section 1. Short title

This Act may be called the Bombay Abolition of Whipping Act, 1957.

Section 2. Repeal of Bom. XXVII of 1947

The Bombay (Emergency Powers) Whipping Act, 1947 (Bom. XXVII of 1947), is hereby repealed.

Section 3. Amendment of sections 5, 6, 7 and 8 and deletion, of section 8A, of Bom. XI of 1923

In the Bombay prevention of prostitution Act, 1923 (Bom. XI of 1923),

(1) in each of the following, that is to say, in sub-section (1) of section 5, sections 6 and 7 and sub-section (1) of section 8, for the words or with whipping, or with any two of those punishments the words or with both shall be substituted;

(2) section 8A shall be deleted.

Section 4. Amendment of sections 46, 47, 50 and 51 and deletion of section 53 of Act IX of 1894

In the Prisons Act, 1894 (IX of 1894),

(1) in section 46,

clause (12) shall be deleted; and in the proviso thereto, the words or to whipping shall be deleted;

(2) in section 47, in sub-section (1), clause (4) shall be deleted;

(3) in section 50, in sub-section (1) the words or of whipping , shall be deleted;

(4) in section 51, in sub-section (2) the words beginning with the words and, in the case of offences and ending with the words reasons therefor shall be deleted;

(5) section 53 shall be deleted.

1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, page 144.