14. In section 510 of the same Code, for the word "the" before Amendment of section 510. New section to follow section 541. "541A. the words "Chemical Examiner" where those words first occur, the word "any" shall be substituted. 15. After section 541 of the same Code the following shall be inserted, namely:— (1) If any person liable to be imprisoned or committed to Removal to criminal jail of criminal jail of custody under this Code is in confinement in accused or convicted persons who a civil jail, the Court or Magistrate ordering are in confinement in civil jail, the imprisonment or committal may direct that and their return to the civil jail. the person be removed to a criminal jail. "(2) When a person is removed to a criminal jail under sub-section (1), he shall, on being released therefrom, be sent back to the civil jail, unless either "(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under section 342 of the Code of Civil Procedure; or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be discharged under section 341 of the Code of Civil Procedure." Addition of new section after section 558. Officers concerned in sales not to purchase or bid for property. bid for the property." 16. After section 558 of the same Code the following section shall be added, namely: "559. A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or 17. In Schedule II. of the same Code, between the two lines of entries Correction of omission in Schedule II. against section 211 of the Indian Penal Code R. ✓ of 98 5. 2 sch 1 "If offence charg- Ditto... Ditto... Ditto... Ditto... Imprisonment ed be punishable with imprison ment for seven years. of either de- seven years Court of Session, dule II. 18. In the same Schedule, for section 225A and the line of entries Further amendment of Sche- against that section the following shall be substituted, namely : "225B Resistance May arrest Warrant Ditto. Ditto. Imprisonment Ditto." or obstruc tion to law ful appre hension, or escape or cases not 19. In the part of Schedule III. of the same Code entitled “IV. Correction of omission in Schedule III. Ordinary Powers of a Sub-divisional Magistrate," the following shall be inserted after the second article, namely: "(2A) Power to require security for good behaviour, section 110." Bombay District Police Act, 1867. Amendment of Bombay District Police Act. 21. (1) In the second Amendment of sections 40 and 64 of the Indian Penal Code. 20. The last nine words of section 23 of Rx/9,1-201) the Bombay District Police Act, 1867, are hereby repealed. Indian Penal Code. clause of section 40 of the Indian Penal Code, (2) In the second clause word "punishable" the words inserted. of section 64 of the same Code, after the, In section 75 of the same Code, for the words "or to double Amendment of section 75 of the Indian Penal Code. "or to imprisonment of either description for a term which may extend to ten years." Addition to section 216 of the Indian Penal Code. 23. After the first paragraph of section 216 of the same Code the following shall be inserted, namely: "Offence' in this section includes also any act or omission of which a person is alleged to have been guilty out of British India which, if he had been guilty of it in British India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or under the Fugitive Offenders Act, 1881(a), or otherwise, liable to be apprehended or detained in custody in British India; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in British India." Substitution of new sections for section 225A of the Indian Penal Code, and repeal of section 651 of the Code of Civil Procedure. "225A. Omission to apprehend, or sufferance of escape, on part of public servant in cases not otherwise provided for. 24. (1) For section 225A of the same Code the following sections shall be substituted, namely: Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished "(a) if he does so intentionally, with imprisonment of either de- S. 23 (a).-The Act is 44 and 45 Vic., c. 69. "(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both. "225B. Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for. escapes or attempts to escape from any custody in which he is lawfully Xq12 (2) Section 651 of the Code of Civil Procedure is hereby repealed. 28. 111/00 Substitution of new sections for sections 30, 31 and 32 of the S. $3 Prisoners Act. Removal from one jail to another in territories under same Local Government. 2 25. For sections 30, 31 and 32 of the Prisoners Act, 1871, the following shall be substituted, namely: "30. When any person is, or has been, sentenced to imprisonment by any Court, or, in default of giving security for keeping the peace or maintaining good behaviour, has been committed to, or is detained in, prison under section 123 of the Code of Criminal Procedure, 1882, the Local Government, or (subject to its orders and under its control) the Inspector General of Prisons, may order his removal during the period for which he has been sentenced to imprisonment or the security has been ordered to be given, as the case may be, from the jail or place in which he is confined to any other jail or place of imprisonment within the territories subject to the same Local Government. "31. (1) Whenever it appears to the Local Government that any person detained or imprisoned under any order Removal of lunatic prisoners. or sentence of any Magistrate or Court is of unsound mind, that Government, by a warrant setting forth the grounds of belief that the person is of unsound mind, may order his removal to a lunatic asylum or other place of safe custody within the territories subject to the same Local Government, there to be kept and treated as the Local Government directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment then until he is discharged according to law. "(2) When it appears to the Local Government that the prisoner has become of sound mind, that Government, by a warrant directed to the person having charge of the prisoner, shall, if the prisoner is still liable to be kept in custody, remand him to the prison from which he was removed or to another prison within the territories subject to the same Local Government, or if the prisoner is no longer liable to be kept in custody, order him to be discharged. "(3) The provisions of section 9 of Act XXXVI. of 1858 (relating to Lunatic Asylums) shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall be reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Magistrate or Court to undergo. "(4) In any case in which a Local Government is competent under sub-section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the territories subject to the same Local Government, the Governor General in Council may order his removal to any lunatic asylum or other place of safe custody in any part of British India; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed by order of a Local Government shall, so far as they can be made applicable, apply to a prisoner removed by order of the Governor General in Council. "32. When any person Removal of prisoners from territores under one Local Government to territories under another.. is, or has been, sentenced to imprisonment by any Court, or, in default of giving security for maintaining good behaviour, has been committed to, or is detained in, prison under section 123 of the Code of Criminal Procedure, 1882, the Governor General in Council may order his removal during the period for which he has been sentenced to imprisonment or the security has been ordered to be given, as the case may be, from the jail or place in which he is confined to any other jail or place of imprisonment in British India." Act No. XI. of 1886. RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 12TH MARCH, 1886. THE INDIAN TRAMWAYS ACT, 1886. |