act 002 of 1856 : Offences Affecting the Public Act, 1856 [Repealed]

Offences Affecting the Public Act, 1856 [Repealed]

ACTNO. 2 OF 1856

02 April, 1856

Offences affecting the public

Repealed by Act, 17 of 1862

Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 4^th February 1856.)

An Act to enable Magistrates and certain other Officers to take cognizance of certain offences without requiring a written complaint.

PREAMBLE

Whereas it is expedient to enable Magistrates and, certain other Officers to take cognizance of all offences which affect the public, without requiring a complaint in writing or the attendance of a complainant: It is enacted as follows:

Section 1. Laws repealed

So much of Section V Regulation IX. 1793, of Section V Regulation VI. 1803, of Section VI Regulation IX. 1807, of the Bengal Code, and so much of Section XV Regulation IX. 1816 of the Madras Code, and so much of any other enactment, as require a complaint in writing to be preferred to a Magistrate, or the attendance of a complainant, shall not apply to any offence which, affects the public.

Section 2. Magistrate may take cognizance of offences affecting the public on information sworn, &c

A Magistrate or other Officer having jurisdiction over such offence may, on the information of a Police Officer or other person, to be given on oath or affirmation, or on his own personal knowledge, (having first recorded the grounds thereof in his own hand-writing), proceed against any person for such offence, in the same manner as if a complaint in writing had been preferred and duly deposed to.

Section 3. Appeal

All proceedings under this Act shall be subject the like appeal as other proceedings of such Magistrates and Officers.