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The Indian Penal Code and the Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1960

Act 25 of 1960

Keyword(s): Central Act Amendment, The Indian Penal Code and the Code of Criminal Procedure Act, 1898 Amendments appended: 42 of 1980, 13 of 1982, 10 of 1990, 28 of 1993, 29 of 2003

' T 6 ., > . .,3.i: ,

i960 : T.N. ~ c t 251 . Indim P m t code md the 549 Cot& ofi@&nj?tiial Procedure (Tam jl Nu& Amendment)

. ; *

I < $ 7

TAMIL .NADU] ACT No. 25. OF 1 9602. - * . > - .

+THE INDUN PENAL CODE A m S T H E CODE OF CRIMINAL PROCEDURE -(ADAMIL NADV

AMENDMENT) ACT, 1960. t;;i

[Received the assent of the ~residenj'bn the 25th ~ c f o b e r 1960 ; first published in the Fort Si. George Gazette on the 9th November 1960 (Kartikd 18, 1882).]

An Act further to amend the Indian. Penal Code and the Code of Criminal Procedure, 1898; in their application to the 3[State of Tamil ad^].

WHEREAS it is expedient further to amend the Indian Penal Code (Central Act XLV of 1860), and the Code of Criminal Procedure, 1898 (Central Act V of 1898), in their application to the 3IState of Tamil Nadu] for the purposes hereinafter appearing ;

BE it enacted in the Eleventh Year of the Republic of India as follows :-

1. (1) This Act may be called the Indian Penal Code and short title the Code of Criminal Procedure (l[Tamil Nadu] Amend- extant. ment) Act, 1960.

(2) It exrends to the whole of the 3[State of Tamil Nad LI] .

- --. -- - --+--- ---. - - --- --- - - - - I - These words were subst if uled fat. the word " Madras '' by ihe

'Tamil Nadu Adaplation cf Laws Order, 1969, as ame5ded by the Tamil Nadu Adaptation of Laws (Second Amendment) crder, 1969.

For Slateme nt of Objects and Reasons, See Fort st. ~ e ~ r . ~ ~ Gazette Extr~ordinary, dated the 6th April 1960, Part IV-A, pages

. 45-46.

This expression was substituted for the expression " :state of Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil I!Jadu Adaptation of Laws (Secorrd Amend- ment) Order, 1969.

550 It~clia~z Penal Code and the [I960 : T. N, Act 25 Code oj' Criminul Procedure (Tamil Mdu Amendment)

Amendment of 2. In section 202 of the Indian Penal Code (Central Act section 292, XLV of 1860) (hereinafter referred to as the said Code), for

Act the words ''shall be punished with imprisonment of either XLV Of description for a term which may extend to three months or with h e or with both", the fallowing shall be substituted, namely :-

" shall be punished with imprisonment of either description for. a term which miry extend to two years or * with fine or with both : j.

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of eithe r descriptionsfor a term which shall not be less than six months and not more than two years and withifine ."

Insertion of 3. After section ,292 of the said Code, the following section section shall be inserted, namely :-

2924 in Central rsct XLV qf - - 1860. "292-A. Printing, etc., of grossly indecent or scurrilous

mattet or matter intended for blackmail.--Whoever-

(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibiteo, to public view or distributes or causes to be distributed or in any mabner puts into circukition any picture or any printed or written document which ia grossly indecent, or is scurrilous or intcnded for blackmail, or

(b) sells or lets for hire, or. for purposes of sale or hire makes, produces or has in hi*; possession, any pfcture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail, or

( c ) conveys any picture or any printed or written documerLt which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire, dist-ibuted or publicly exhibited or in any manner put into circulation, or

,. .A*--L-. - s

,., _ ---- ~~lr-- - - - - - - - - - 9 ; ,. -

: %hi. A@-$!q 'hdian Penobco"de.&'d the 551 C& of Ciiminat~P?o~dttre

(Tmjl Nu& Amkndm 1 )

- (d) takes part ; in, . or receives &rofi&' Twm, any business in the course of which he knpws or has reason to believe that any such newspapd, pei?odical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased,-of

(e) advertises or makes known by any means what- soever that any person is engaged or is ready to engage in any act which is an offence under this seqtion, or that any such newspaper, periodical, qircular, picture or other printed or written documei~t which is grossly indecent or is scurrilous or intended for blackmail can be procured from or through any person, or

(,) offers or attempts to do any act which is an offence under this section,

shall be punished with imprisonment of , either description for a term which may extend to two years', or with fine, or with both :

r

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not ke less than six 111onths and not more than two years and with fine.

\ 1

Explmalior~ I.--For the purposes of this section, the word ' scurrilous ' shall be deemed to include any mstier which is likely to be injurio~ls to morality or is calculated to injure any person :

Provided that it is not scurrilous to express in go& kith anything whatever respecting the conduct of-

k

(i) a public krvant in tLe dizckrg- of .his public 'unctions or respecting his character so far as his character rppears in that conduct and no further ; or

I

(ii) any person touching any public question, and -spe-+:qg his character, SO far as his character appears n that conduct and no further,

552 Indian Penal Code and tlve [I960 : T.N. Act 25 cod^ of Crimifial Procedure

(gbmil Nadir Amendment)

Explanation II.-In deciding whether any person has cornmitt ed an offence under this section, the Court shall have l6egard. inter alia, to the following considerations:-

(a) the general character of the person charged , and where relevant, the nature of his business;

'(b) the genera1 character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for black mai 1; i

i (e) any evidence offered or called by or on behalf of

the accused person as to his intention in committing any of the acts specified in this section."

Amendment 4. In seelion 293 of the said C ~ d w of sctioi~

293, Zantral AaXLV ( i ) f ~ r t h a ~ ~ r d s ' ~ a n y ~ ~ ~ h ~ b s c e n e ~ h j e c t a s i ~ r e f e r ~ e d

Of 1860. to in the last preceding section", the words, figures 2nd letter "any ~ c h obscene object as is referred to in section 292 or any such newspaper, periodical, ~iroular, picture or other prjnted or written document as is referred to in section 292-A" shall be substituted;

(ii) for the words "which may extend to six months", the words "which may extend to three years" shall be substituted;

(iii) in th s marginal note, after the words L~~bsceae objects", the words "and grossly indecent or scurrilous matter or matter intended for blackmail"sha11 be inserted.

Amendment 5. In the Code of Criminal Procedure, 1898 of Central (Central Act V of 1898), -- t

Act V of - , .),. 1898. i

( i ) in sub-ssction (1) of section 521, after, the word and figures "sectMi292", the -word, figures. and letter "section 292-A" shall; be inserted.

1960 :T.N. Act 251 IndiunPenal&~de~itd the 553 Code of Criminal Procedure (Tamil Nadu Amendment )

(ii) in Schedule 11, for ! he entries relating to sections 292 and 293, the following entrim shall be substituted, namely:-

"292 Sale, stc., of Do. Warrant. Do. Do. imprisonment Presidens J obscene. bd~ks, of either des- Magistrate ctc.

u : criF tion for or Ma&s- (wq Years, trate of or fine, or the first I

both. class.

292-A Printing, sale, Do. Do. Do. , Do. D 0. etc.. df

Do.

g r o s d ~ indecent o r scurrilou~ matter or mxtter in- tended for blackmail.

293 Sale, ctc., of Do. Do. Do. Do. Imprisollarnent of JDO, - obscene ob- ei t h r descri p- jects grossly tion for three ~ndecent, or years, or fine, t!icurrilous or hfk matter OZ matter i n- telSldod for klackmail to young persons

I 12 CO& of C r i m i d Procedure [I980 ; .'& N.. Act 4 ,.

(Tamil Nadu ~mendment)

TAMIL NADU ACT NO. 42 OF 1980.*

THE CODE 3F CRIMINAL PROCEDURE (TAMIL NADU AMENDMENT) ACT, 1980. .$ - . . . :

[Received the assent of the President on the 21st November 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 1st December 1980 (Karthigui 16, Rowthiri-2011- Tiruvalluvar Amdu). ]

An Act to amend the Co& of Criminal Procedure, 1973, in its applicathn to the State of Tamil ~Vadu.

BE it enacted by the Legislature of the State of Tamil Nadu In the Thirty-first Year of the Republic of India as follows :-

1. (1) This Act .yay be called the Code of Criminal Pro- cedure (Tamil Nadu Amendment) Act, 1980. and extent*

(2) It extends to the whole of the State of Tamil Nadu.

Amendment 2. In section 24 of the Code of Criminal Procedure, or section 24, 1973 (GntraI Act 2 of 1974),- Central Act 2 of 1974. (a) in sub-section (6), after the expression "sub-

section (5)", the following shall be inserted, namely :-

"but subject to the provisions of sub-section (6-A)";

(b) afbr sub-section (6), thc following sub-section shall be inserted, namely - - _ :-

"(6-A) Notwithstanding anythiog contained in sub- section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the didrict and it shall not be necessary -- - - V w n s , see TamU~a& Gov- eminent Sazette Extraordlmry, dated the 8th August 1980, Part IV &action 1, page 408.

ibso : T. N. Act 433 Cade 8 Criminal Procedure 111 (Tamil Nadu dmendment)

to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons con* stituting the Cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this anb- section." ;

(c) in sub-section (7), after the expression ccsub- section (6)", the expression "or sub-section (6-A)" shall be inserted.

'790 Indian Penal Code and the [19182: TN. Act 13 Code of Criminal Procedure (Tamil Nadu Amendment j

TAMIL WADI] ACT NO, 13 OF 1982*. *

THE INDIAh PENAL aODE AND THE CODE OF ORIMINAL PROaEDURE (TAMIL NADU KMBND K ENT) AaT, 1982.

[Received the airsent of the Presirlerzt on the 12th March 1982, mt published in the Tamil Nadu Government Gazette Extraordinary, on the 13th March 1982 (w 29, Thunmathi, ThiruvaZZuvnr Aanchi-20 1 3).]

I

< : . &I Act further to amend the InGian Penal Code and the a Code of Criminal Procedure, 1973 in their applicatfon

I to the State of Tamil Nadu. J'

BE it enacted by the Legislature of the State of Tamil Nadu in tlie Thirty- third Year of the Republic of India as follows--

. ,

shorttitle, - 1. (1) This Act may be called the Indian Penal Oode

~ and and the Uode of Criminal Procedure (Tamil Nadu.Amend- CO~e~Cament . ment) AL4. 1982.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall be deemrd to have come into force on the 21st Septenzber '981.

Amendmen4 of 2. In section 292-A of the Indian Penal Uode (Central 292*A Act XLV of 1860),- Central Act

XLV of 1860,

(i) for the words " shall be punished w.th imprison- acpt of either description for a term which may extend t o two years, or with fine, or with both ", the following shall lie substituted, namely :- - .

A 4 . . ' , ' I

* .. * For Statement of Objects and Reasons,see Tamil Nadg Govern- mentGazette Extraordinary, dated 8th February 1982, Part 1 ~ - Scztion 1, page 1%

c 5

1982 : T.N. Act 131 Indian Penal Code and the 791 Code of Criminal Procedure (Tamil Nadu Amendment)

" 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 tjie eveat of a second or subsequent conviction, with im- prisonment of either description for a term which may extend to five years, and also with fine" ;

(iii'i' iF the proviso, the words " and not morc than two years " shall be omitted.

3. In the Code of Criminal Pr~cedure, 1973 (Central ~ m e n d m ~ n t of Act 2 of 1974),-- Central ~ c t 2

Of f f 75.

(i) in sub-section (1) of sectlon 455, after the word add figures " section 292 ", the word, figures an d letter G8 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 :-

6.292-A Printing, etc., of grossl~ in- decent or s c ~ ~ i l ous matter or matter in- tended for Slackmai 1.

On first convic- Cogni- Non- Any tion with in;- zable. baiIa Mag;. prisonment for ble. strate. 2 years, or fine or both, and in the event of second or sub- sequent convic- tion, with im- prisoment for 5 ears, and wit h fine.

Sale etc., of On flrst convic- Cogni- Bai- Any obseenc ob- tion with irn- zable. lablee Magi- jects to prisonment for strate. young per- 3 years, and sons. with fine of

2,000 rupees and in the event of second or subsequent con- viction, with imprisonment for 7 years and with fin=, of 5,000 rupeef

&peal and . saving.

792 I n d j ~ n penal Code and the Code [1982: T.N. of Criminal Procedure (Tamil

Nudl~ Arne ndment)

4. (1) The lndim Pens\ Gh :itid dxa &) Criminal Proce. lure (Tamil Nadu Amecd~wnt) Ordi 1981 (Tamil hadu Ordinance 12 of 1981) is-he repealed

(2) Notwithstanding such repeal, anything an3 action taken under the Indian Penal Code Act XLV of 1860) or the Code of Criminal Pr 1973 (Central Act 2 of 1974) as amend4 by Ordinance shall be deemed to have been done under the said Indian Penal Code or the said Criminal Procedure, as the case may be, as ame this ~ c t .

J3iU-No. 3-1930

THJ3 CODE OF CRIMLNAL PROCEDURE (AMENDMEWT) ,- BEEL, 1990

(AS PASSED BY

BP jut he^ to; amend the Code of C~iri~inal . Procedure, 1873.

BE it enacted by Parliament in the Forty-first Year of the Republic af India as follows:-

1. (1) This Act may be called the Code of Criminal Procedure short (Amendment) Act, 1990. . , ti ile

(2) It shall be deemed to have come into force on the 19th day of and Corn- , , . , February, 1990. mence-

ment.

2. In the Code of Criminal Procedure, 1973 (hereinafter referred to Insertion as the Code of Criminal Procedure), in Chapter XI, after section 166, of new

the following sections shall be inserted, namely:- - sections 166A and

"166A. (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence an application is made by the investigating officer or any o£Eicer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent ta deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and t o record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to

Letter of request to compe. tent authority for inves- tigation in a country Or place outside India.

ili i

Letter of request from a country or place outside India to a Court or an autho- rity for investi ga- tion in India. -

iiepeal and saving.

the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.

(2) The- letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub-section (I) shall be deemed to be the evidence collected during the course of investigation under this Chapter.

166B. (I) Upon receipt of a letter of request from a Court or an authoritg in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or plac.2, the Central Government may, if it thinks fit-

(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropoljtan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall therelipon summon the p'erson before him and record his state- ment or cause the document or thing to be produced; or

( i i ) send the letter to any police oflicer for investigation, ' who shall thereupon investigate into the offence in the same

manner, .

as if the offence bad been committed within India. . ,

(2) All the evidence taken or collected under sub-section ( I ) , or authenticated copies thereof or the thing so collected, shall be for- warded by the Magistrate or police officer, as the case may be, to the Central Government for transmission t q the Court or the authority issuing the letter of request in such manner as the Central Gwern-

' ment may deem fit.".

3. (1) The Code of Criminal Procedure (Amendment) Qdiqance, 1990 is hereby repealed.

(2) Notwithstanding such repeaI, anything done or any actiop taken under the Code of CriminaI Procedure, as amended by the said Ordi- nance, shall be deemed to have been done or taken under the Code of Criminal Procedure, as amended by this Act. i

t Registered No3 M-1 ~ "$@y --

I f ' , * **, r 4' L ( ~ P e d 3 0 paise

i*

. q - .

- ,.-a..--- . -

I I . < . , '-.

'bf &e T&&' &;du Legialatlve Assembly received the 8

on the A$& Jpne 1993 and is hereby published fca

1. (1) This Act may be called the '~nrnina1 Laws (Tamil Sadn Alllent1 Short title, I T ~ C ~ ) &it, 1993. extent and

commence- (2) It extends fa the whole of the State of Tamil ~ a d u .

(3) It shall comc into force on such date :is thc State Ciovernment ma:-, hy notification, appoint.

PBT-11. A,MRNl>i\lENTS TO THE '~NDIAA' PENAl, COI>E.

2 . S'ection 580 of the Indian Penal Code (hereaft@ in thig Part rcfvi: Amendment to a.: the pi-incipal Act), shall be renumbered aa3 sib-section (I of th;~! of xctio,.

- t r.:i(>n and after. sub-section (I) aa so renumhcrecl, thc fnlln~~rjng s~l~,-\cxc.r - 0

shcJ1 be added, namely :- ( 4 (2) Whoever commits theft' in respect of any idol or icon in any

!mildin% usncl as a place of wor&ip shall be punished with rigorbus impriwr- ment for a term which shall not be lesa than two yeays but' which ma?- ,>xtc~,! +o three years and with fine which shall not be le,is than t11-o t h ( ~ ~ s i t ~ ~ ( l r*;!;?:315L :

Provided that the court may, for adequate and spccjal seasons tlo l ~ c mentioned in the judgment. impose a sentence of imprisonment fori a t~rir , of less than two years. ".

i :t.-uc) IV-2 Ex.(333)--1 [ 101 1

I

knrepddment of I section 1457.

. .

., . "(2) Whoever commits lurking house-trespws or hous~~-l1rca8n~ in

any building used as a place of worship, in order ta the #;ommittkg of the offence ef theft of any idol or icon from mch building, shall notwi,thstnnding anytbing contained in s u b - S ~ C ~ O ~ <I), be punished with rigorouq imprison- ment which not b~ less than three years but v-ni~h map to ten Years and with fine which &all not be less than five tthoumd -pees;

Provided that the COUI-t may, for a d e w e and special rmsons to in the judgment, impose a sentence of imptisonment for a term les years.".

,!<+

9

5. Section 457 of thk principal ~ o t ' shall be renumbrd hs., + section (1); o f that section and after sub-section (1) as so r e n b m w the following sub-section shall be addd , namely;- !

"(2) Whoever commits lurking house-trespws by ni breaking by night in any building used as a place of wars to the committing of the offence of theft of any idol o,. . . building, shall, notwithstanding angyfhing cont&ed (11, be punishad with rigorous imprisonment than three years but wbich may extend to fine wbich shall not be less than five thousand rupees:

, % >,a-, '

Provided that the c p r t may, for ad ta be mentioned in the judgement, impose a for a term of less than three vears.':

I rrlce : Ke. U-uu valse. I

2601 CHENNAI, MONDAY, SEPTEMBER 22, 2003 Purattasi 5, Subhanu, Thiruvalluvar Aandu-2034

Part IV---Section 2 Tamil Nadu Acts and Ordinances.

--

IF, 4

r u ..*

RNhlENT OF TAMII, NAIIU (Hegd. Nu. TN/PR.iG (CCR)-2 17t2003-05. ,,.. - a n - - .

TAMIL NADU GOVERNMENT GAZETTE

- The following Act of the Tamil Nadu Legislative Assembly received the assent of the

President on the 17th September 2003 and is hereby published for general information:-- -

r Act No.29 of 2003. ... t r L. An Act further to amend the Code of Criminal Procedure. 1973'in its application to

C , . the State of Tamil Nadu.

h BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the Republic of India as follows:-- ,< h

1. (1j This Act may be called the Code of Criminal Procedure (Tamil Nadu Short title,

Amendment) Act, 2003. extent and commence-

(2) It extends to the whole of the State of Tamil Nadu. men t.

F' (3) It shall come into force at once.

2 In section 167 of the Code of Criminal Procedure, 1973,- Amendment o f

( 1 ) in the lo sub-section (2). for clause (b), the following clause shall be section 167.

substituted, namely:--

"(b) no Magistrate shall authorise the detention of an accused person under this section, -

(i) if the accused is in the custody of police, urlless the acc~~sed is physically produced before him; and

(ii) ifthe accused is detained otherwise than in the custody ofpolice, unless the accused is produced before him either In person or through the media ol'electronic video linkage".

r (2) in the Explanation-Il under sub-section (2). after the expression "an accused

person was produced", the expression " in person or, as the case may be. through the media of electronic video linkage" shall be inserted.

t (B$ order of the (iovenlor)

I?. I