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

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Indim P m t code md the Cot& ofi@&nj?tiialProcedure (Tamjl Nu& Amendment)

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TAMIL .NADU] ACT No. 25. OF 19602.

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+THEINDUN 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'bnthe 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^]. WHEREASit 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] Amendextant. ment) Act, 1960. (2) It exrends to the whole of the 3[State of Tamil Nad LI]. ---. - - --- --- These words were subst ifuled 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. -

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For Slateme nt of Objects and Reasons, See Fort st. ~ e ~ 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 Amendment) Order, 1969.

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Amendment of section 292, Act

XLV Of

It~clia~z Penal Code and the Code oj' Criminul Procedure (Tamil Mdu Amendment)

[I960 : T. N, Act 25

2. In section 202 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter referred to as the said Code), for the words ''shall be punished with imprisonment of either 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 : 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

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Insertion of 3. After section ,292 of the said section section shall be inserted, namely :2924 in Central rsct XLV - qf 1860.

Code, the

following

"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

documerLtwhich 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

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'hdian Penobco"de.&'d the 551 C& of Ciiminat~P?o~dttre (Tmjl Nu& A m k n d m 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 whatsoever that any person is engaged or is ready to engage in any act which is an offenceunder this seqtion, or that any such newspaper, periodical, qircular, picture or other printed or written documei~twhich 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 offence under this section,

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shall be punished with imprisonment o f , 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. \

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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 ofk

(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,

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Indian Penal Code and tlve cod^ of CrimifialProcedure (gbmil Nadir Amendment)

[I960 : T.N. Act 25

Explanation II.-In deciding whether any person has cornmitted 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 mai1;

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(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 of sctioi~ 293, Zantral AaXLV Of

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

(i)f~rtha~~rds'~any~~~h~bscene~hjectasi~refe in the last preceding section", the words, figures 2nd letter "any ~ c obscene h 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;

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(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 of Central (Central Act V of 1898),-Act V of 1898.

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(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~itdthe Code of Criminal Procedure (Tamil Nadu Amendment )

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(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. obscene. bd~ks, ctc.

292-A Printing, sale,

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Warrant.

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Do. imprisonment of either descriF tion for (wq Years, or fine, or both.

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Do. Do. Imprisollarnent of ei t h r description for three years, or fine, or h f k

etc.. df

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Presidens J Magistrate or Ma&strate of the first class. Do.

grosd~ indecent o r scurrilou~ matter or mxtter intended for blackmail. 293

Sale, ctc., of obscene objects grossly ~ndecent,or t!icurrilous

matter

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matter i ntelSldod for klackmail to young persons

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I 12 CO& of C r i m i d Procedure (Tamil Nadu ~mendment)

[I980;.'& N.. Act 4 ,.

TAMIL NADU ACT NO. 42 OF 1980.*

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

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[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.

and extent*

BEit 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 Procedure (Tamil Nadu Amendment) Act, 1980. (2) It extends to the whole of the State of Tamil Nadu.

2. In section 24 of the Code of Criminal Procedure, Amendment 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 subsection (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

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n s , see TamU~a& Goveminent Sazette Extraordlmry, dated the 8th August 1980, Part IV &action 1, page 408.

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ibso :T. N. Act 433

Cade 8Criminal 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 anbsection." ; (c) in sub-section (7), after the expression ccsub-

section (6)",the expression "or sub-section (6-A)" shall be inserted.

[19182:TN. Act 13

'790 Indian Penal Code and the 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 1982.

KMBND K ENT) AaT,

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

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

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n and after. sub-section (I) aa so renumhcrecl, thc fnlln~~rjngs~l~,-\cxc.r shcJ1 be added, namely :-t

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(2) Whoever commits theft' in respect of any idol or icon in a n y !mildin%usncl as a place of wor&ip shall be punished with rigorbus impriwrment for a term which shall not be lesa than two yeays but' which ma?- , > x t c ~ , ! +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

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