{"_id": "gAk7Gdp0CX", "title": "", "text": "Title: Criminal breach of trust by public servant, or by banker, merchant or agent\nDesc: Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "NbrnTP3fAb", "title": "", "text": "Title: Equality before law\nDesc: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.\n"} {"_id": "LojIIf94Ch", "title": "", "text": "Title: Equality of opportunity in matters of public employment\nDesc: (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this Article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1 under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment. 2 (4A) Nothing in this Article shall prevent the State from making any provision for reservation 3 [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. 4 (4B) Nothing in this Article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year. (5) Nothing in this Article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. Substituted by the Constitution (Seventh Amendment) Act, 1956 , Section 29 and Schedule , for \"under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State\". Inserted by the Constitution (Seventy-seventh Amendment) Act, 1995 ,s. 2. Substituted for the words \"in matters of promotion to any class\" by the Constitution (Eighty-fifth Amendment) Act, 2001 ,Section 2,w.e.f.06-17-1995 Inserted by the Constitution (Eighty-first Amendment) Act, 2000 , Section 2 (w.e.f. 09-06-2000)\n"} {"_id": "rsK9EjHvIH", "title": "", "text": "Title: Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment\nDesc: Whoever abets any offence shall, if the act abelted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.-An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B of give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.\n"} {"_id": "AwFv0Yg7NZ", "title": "", "text": "Title: Certain laws not to be affected by this Act\nDesc: Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.] Substituted by the A.O. 1950, for the original section.\n"} {"_id": "zHzmA4KR1V", "title": "", "text": "Title: Procedure and powers of special Judge\nDesc: (1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant case by Magistrates. (2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code. (3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor. (4) In particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of sections 326 and 457 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a special Judge shall be deemed to be a Magistrate. (5) A special Judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted. (6) A special Judge, while trying an offence punishable, under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944(Ord. 38 of 1944).\n"} {"_id": "eNo41eoPni", "title": "", "text": "Title: Penalties\nDesc: 1 [(1) Subject to the provisions of sub-section (1A) if any person- (a) whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, Sells or distributes any article of food- (i) which is adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 or misbranded within the meaning of clause (ix) of that section or the sale of which is prohibited under any provision of this Act or any rule made there under or by an order of the Food (Health) Authority; (ii) other than an article of food referred to in sub-clause (i), in contravention of any of the provisions of this Act or of any rule made there under; or (b) whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, sells or distributes any adulterant which is not injurious to health; or (c) prevents a food inspector from taking a sample as authorised by this Act; or (d) prevents a food inspector from exercising any other power conferred on him by or under this Act; or (e) being a manufacturer of an article of food, has in his possession, or in any of the premises occupied by him, any adulterant which is not injurious to health; or (f) uses any report or certificate of a test or analysis made by the Director of the Central Food Laboratory or by a public analyst or any extract thereof for the purpose of advertising any article of food; or (g) whether by himself or by any other person on his behalf, gives to the vendor a false warranty in writing in respect of any article of food sold by him, he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than one thousand rupees: Provided that- (i) if the offence is under sub-clause(i) of clause (a) and is with respect to an article of food, being primary food, which is adulterated due to human agency or is with respect to an article of food which is misbranded within the meaning of sub-clause (k) of clause (ix) of section 2; or (ii) if the offence is under sub-clause (ii) of clause (a), but not being an offence with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1 A) of section 23 or under clause (b) of sub-section (2) of section 24. the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years, and with fine which shall not be less than five hundred rupees: Provided further that if the offence is under sub-clause (ii) of clause (a) and is with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1 A) of section 23 or under clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees.] 2 [(1 A) If any person whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes,- (i) any article of food which is adulterated within the meaning of any of the sub-clauses (e) to (1) (both inclusive) of clause (ia) of section 2; or (ii) any adulterant which is injurious to health, he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than one year but which may extend to six years and with fine which shall not be less than two thousand rupees: provided that if such article of food or adulterant when consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code, 1860 (45 of I860), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.) 3 [(1AA)] If any person in whose safe custody any article of food has been kept under sub-section (4) of section 10, tampers or in any other manner interferes with such article, he shall be punishable with imprisonment for a term which shall not be less man six months but which may extend to two years and with fine which shall not be less than one thousand rupees. 4 [(1B) If any person in whose safe custody any article of food has been kept under sub-section (4) of section 10, sells or distributes such article which is found by the magistrate before whom it is produced to be adulterated within the meaning of sub-clause (h) of clause (ia) of section 2 and which, when consumed by any person, is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code, 1860 (45 of 1860), then, notwithstanding anything contained in sub-section (1AA), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.] (1C) If any person contravenes the provisions of section 14 or section 14A, he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than five hundred rupees. (1D) if any person convicted of an offence under this Act commits a like offence afterwards, then, without prejudice to the provisions of sub-section (2), the court, before which the second or subsequent conviction takes place, may order the cancellation of the licence, if any, granted to him under this Act and thereupon such licence shall, notwithstanding anything contained in this Act, or in the rules made there under, stand cancelled. (2) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct. The expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. Substituted by Act 34 of 1976 , Section 12, for sub-section (1) (w.e.f. 1-4-1976). Inserted by Act 34 of 1976 , Section 12 for sub-section (1B) (w.e.f. 1-4-1976). Sub-section (1A) renumbered as sub-section (1AA) by Act 34 of 1976 , Section 12 (w.e.f. 1-4-1976). Substituted by Act 34 of 1976 , Section 12, for sub-section (1B) (w.e.f. 1-4-1976).\n"} {"_id": "RBT7qYHDBT", "title": "", "text": "Title: Procedure where Court considers that case should not be dealt with under section 480\nDesc: State(s): Delhi, Orissa, Punjab, West Bengal (1) If the Court in any case considers that a person accused of any of the offences referred to in section 480 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or, if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section, shall proceed to hear the complaint against the accused person in manner hereinbefore provided.\n"} {"_id": "YUPnmbpD0e", "title": "", "text": "Title: Prohibitions of manufacture, sale, etc., of certain articles of food\nDesc: No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute- (i) any adulterated food; (ii) any misbranded food; (iii) any article of food for the sale of which a licence is prescribed, except in accordance with the conditions of the licence; (iv) any article of food the sale of which is for the time being prohibited by the Food (Health) Authority1 [in the interest of public health;]2 [...] (v) any article of food in contravention of any other provision of this Act or of any rule made there under;3 [or] 4 [(vi) any adulterant] 5 [Explanation.-For the purposes of this section, a person shall be deemed to store any adulterated food or misbranded food or any article of food referred to in clause (iii) or clause (iv) or clause (v) if he stores such food for the manufacture therefrom of any article of food for sale.] Substituted by Act 49 of 1964 , Section 4, for certain words (w.e.f. 1-3-1965). The word \"or\" omitted by Act 34 of 1976 , Section 6 (w.e.f. 1-4-1976). Inserted by Act 34 of 1976 , Section 6 (w.e.f. 1-4-1976). Inserted by Act 34 of 1976 , Section 6 (w.e.f. 1-4-1976). Inserted by Act 34 of 1976 , Section 6 (w.e.f. 1-4-1976).\n"} {"_id": "n62tOy4Cqp", "title": "", "text": "Title: Saving of inherent power of High Court\nDesc: Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.\n"} {"_id": "8JHUdKF0j7", "title": "", "text": "Title: Penalty for giving or taking dowry\nDesc: 1 [(1)]If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2 [with imprisonment for a term which shall not be less than 3 [five years, and and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]; Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 4 [five years].] 5 [(2)Nothing in sub-section (1) shall apply to, or in relation to (a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf); Provided that such presents are entered in a list maintained in accordance with the rules made under this Act. (b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf); Provided that such presents are entered in a list maintained in accordance with the rules made under this Act. Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given] Section 3 of the principal Act renumbered as sub-section (1) by Dowry Prohibition (Amendment) Act, 1984, section 3 (w.e.f. 2-10-1985). The words \"with imprisonment which may extend to six months, or with the fine which may extend to five thousand rupees, or with both\", substituted by section 3 Dowry Prohibition (Amendment) Act, 1984. Substituted by Act 43 of 1986, section 3(a), for certain words (w.e.f. 19-11-1986). Substituted by Act 43 of 1986, section 3(b), for \"six months\" (w.e.f. 19-11-1986). Sub-section 2 inserted by section 3 Dowry Prohibition (Amendment) Act, 1984\n"} {"_id": "nFbmOHnKYa", "title": "", "text": "Title: Penalty for demanding dowry\nDesc: If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment , impose a sentence of imprisonment for a term of less than six months] Substituted for original section by section 4 Dowry Prohibition (Amendment) Act, 1984\n"} {"_id": "TtLFxJpRa5", "title": "", "text": "Title: Punishment for voluntarily causing hurt\nDesc: Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.\n"} {"_id": "aVNqTIAae2", "title": "", "text": "Title: Acts done by several persons in furtherance of common intention\nDesc: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.] Substituted by Act 27 of 1870, section 1, for the original section.\n"} {"_id": "f7ZJ69PqcU", "title": "", "text": "Title: Attempt to murder\nDesc: Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1 [imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life convicts2 [When any person offending under this section is under sentence of 3 [imprisonment for life], he may, if hurt is caused, be punished with death.] Illustrations (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of 4 [the first paragraph of] this section. (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence defined in this section. A places the food on Z's table or delivers it to Z's servant to place it on Z's table. A has committed the offence defined in this section. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956). Inserted by Act 27 of 1870, section 11. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956) Inserted by Act 12 of 1891, section 2 and Schedule II.\n"} {"_id": "MbyIbNiCdx", "title": "", "text": "Title: Voluntarily causing hurt by dangerous weapons or means\nDesc: Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious 10 the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.\n"} {"_id": "td26fEeVVh", "title": "", "text": "Title: Punishment for voluntarily causing grievous hurt\nDesc: Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.\n"} {"_id": "ld6DYyeNdj", "title": "", "text": "Title: Punishable for using arms, etc.-\nDesc: (1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extends to seven years and shall also be liable to fine. (2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine. (3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.\". Substituted by Arms (Amendment) Act, 1988, (w.e.f. 27-05-1988).\n"} {"_id": "gMXAdx9G81", "title": "", "text": "Title: Power to examine the accused\nDesc: (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court- (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall after the witnesses for the prosecution have been examined and before he is called on for his defence question him generally on the case: Provided that in a summons-case where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b) . (2) No oath shall be administered to the accused when he is examined under sub-section (1) (3) The accused shall not render himself liable to punishment by refusing to answer such question, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he had committed. 1 [(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.] Inserted by Code of Criminal Procedure (Amendment) Act, 2008 w.e.f. 31-12-2009.\n"} {"_id": "nnBbuQzkCh", "title": "", "text": "Title: Punishment for murder\nDesc: Whoever commits murder shall be punished with death, or 1 [imprisonment for life], and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "8GrgmolaHr", "title": "", "text": "Title: Punishment for certain offences\nDesc: 1 [(1) Whoever- (a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or (b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or 2 [...] (d) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine 3 [(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention in section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine. (1AAA) Whoever manufacturers, sells, transfers, converts, repairs, tests or proves, or exposes or officers for sales or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extent to imprisonment for life and shall also be liable to fine.] 4 [ (1AAA)] Whoever has in contravention of a notification issued under section 24A in his possession or in contravention of a notification issued under section 24B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than 5 [three years, but which may extend to seven years] and shall also be liable to fine. (1B) Whoever- (a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or (b) acquires, has in his possession or carries in any place specified by notification under section 4 any arms of such class or description as has been specified in that notification in contravention of that section; or (c) sells or transfers any firearm which does not bear the name of the maker, manufacture's number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or (d) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or (e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; or (f) brings into, or takes out of India, any arms or ammunition in contravention of section 10; or (g) transports any arms or ammunition in contravention of section 12; or (h) fails to deposit arms or ammunition as required by sub-section (2) of section 3, or sub-section (1) of section 21; or (i) being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept, shall be punishable with imprisonment for a term which shall not be less than 6 [one year] but which may extend to three years and shall also be liable to fine: Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than 7 [one year]: (b) for sub-section (3), the following sub-section shall be substituted, namely:- 8 \"[(3) Whoever sells or transfers any firearm, ammunition or other arms- (i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfer of that firearm, ammunition or other arms; or (ii) before the expiration of the period of forty-five days from the date of giving such information to such district magistrate or the officer in charge of the police station, in contravention of the provisions of clause (a) or clause (b) of the proviso to sub-section (2) of section 5, shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both.\"] (2) Whoever being a person to whom sub-clause (i) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (3) Whoever having sold or transferred any firearms or ammunition or other arms under the proviso to section 5 fails to inform the district magistrate having jurisdiction or the officer in charge of the nearest police station, of such sale or transfer shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both. (4) Whoever fails to deliver-up a licence when so required by the licensing authority under sub-section (1) of section 17 for the purpose of varying the conditions specified in the licence of fails to surrender a licence to the appropriate authority under sub-section (10) of that section on its suspension or revocation shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both. (5) Whoever, when required under section 19 to give his name and address, refuses to give such name and address or gives a name or address which subsequently transpires to be false shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to two hundred rupees, or with both.9 [(1C) Notwithstanding anything contained in sub-section (1B), whoever commits an offence punishable under that sub-section in any disturbed area shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. Explanation.- For the purposes of this sub-section, \"disturbed area\" means any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order, and includes any areas specified by notification under section 24A or section 24B.'] Substituted by Arms (Amendment) Act, 1983, Section 8, (w.r.e.f. 22-06-1983). Omitted by Arms (Amendment) Act, 1988, (Act 42 of 1988), Section 5 (w.e.f. 27-05-1988). Inserted by Arms (Amendment) Act, 1988, Section 5 (w.e.f. 27-05-1988). Substituted by Arms (Amendment) Act, 1988, Section 5 (w.e.f. 27-05 1988). Substituted by Arms (Amendment) Act, 1985, Section 25 (w.e.f. 28-05-1985). Substituted by Arms (Amendment) Act, 1985, Section 25 (w.e.f. 28-05-1985). Substituted by Arms (Amendment) Act, 1985, Section 25 (w.e.f. 28-05-1985). Substituted by Arms (Amendment) Act, 1983, Section 8, (w.r.e.f. 22-06-1983). Inserted by Arms (Amendment) Act, 1985, Section 25 (w.e.f. 28-05-1985).\n"} {"_id": "CtlRJoWcUR", "title": "", "text": "Title: Forgery of valuable security, will, etc\nDesc: Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "q0Zf2pCLxb", "title": "", "text": "Title: Falsification of accounts\nDesc: Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any 2 [book, electronic record, paper, writing], valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such 3 [book, electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.] Added by Act 3 of 1895, section 4. Substituted by Act 21 of 2000, section 91 for Sch. I, for \"book, paper, writing\" (w.e.f. 17-10-2000). Substituted by Act 21 of 2000, section 91 for Sch. I, for \"book, paper, writing\" (w.e.f. 17-10-2000).\n"} {"_id": "DO4lKNEfvu", "title": "", "text": "Title: Dowry death\nDesc: (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called \"dowry death\", and such husband or relative shall be deemed to have caused her death. Explanation.-For the purpose of this sub-section, \"dowry\" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] Inserted by Act 43 of 1986, section 10 (w.e.f. 19-11-1986).\n"} {"_id": "B19sMLT6mn", "title": "", "text": "Title: Abetment of suicide\nDesc: If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.\n"} {"_id": "P9K63LSFZH", "title": "", "text": "Title: Husband or relative of husband of a woman subjecting her to cruelty\nDesc: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.-For the purpose of this section, \"cruelty\" means- (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any properly or valuable security or is on account of failure by her or any person related to her to meet such demand.]\n"} {"_id": "RcoreogrNw", "title": "", "text": "Title: Definition of dowry\nDesc: In this Act, \"dowry\" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before 1 [or at any time after the marriage] 2 [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies 3 [...] Explanation II.- The expression \"valuable security\" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860). Substituted by Act 43 of 1986, section 2, for \"or after the marriage\" (w.e.f. 19-11-1986). For the words \"as consideration for the marriage of the said parties, but does not include\", substituted by Dowry Prohibition (Amendment) Act, 1984, section 2(a) (w.e.f. 2-10-1995). Explanation I omitted by Dowry Prohibition (Amendment) Act, 1984 , section 2(b) (w.e.f. 2-10-1995).\n"} {"_id": "YsP6ihgIqL", "title": "", "text": "Title: Special leave to appeal by the Supreme Court\nDesc: (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.\n"} {"_id": "RCQ5WMO5AH", "title": "", "text": "Title: Every member of unlawful assembly guilty of offence committed in prosecution of common object\nDesc: If an offence is committed by any member of an unlawful assembly in prosecution of the common object of mat assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.\n"} {"_id": "erqtHioRRd", "title": "", "text": "Title: Remedies for enforcement of rights conferred by this Part\nDesc: (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this Article shall not be suspended except as otherwise provided for by this Constition.\n"} {"_id": "nuVxUZpfbH", "title": "", "text": "Title: Rioting, armed with deadly weapon\nDesc: Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.\n"} {"_id": "qWCA79ISjs", "title": "", "text": "Title: Punishment for rioting\nDesc: Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.\n"} {"_id": "BnD3XkfFNu", "title": "", "text": "Title: Protection against arrest and detention in certain cases\nDesc: (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply- (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. 1 [4)No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the said period of two months that there is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (a) of clause (7). Explanation.-In this clause, \"appropriate High Court\" means,- (i)in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for that State; and (iii)in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.] (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe- 2 [omitted]; 3 [(a) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention;] and 4 [(b) the procedure to be followed by an Advisory Board in an inquiry under 5 [clause (4)]] Substituted by the Constitution (Forty-fourth Amendment) Act, 1978 ,Section 3. sub-clause (a)omitted by Constitution (Forty-fourth Amendment) Act, 1978 ,Section 3. Sub-clause (b)re-lettered as sub-clause (a)by the Constitution (Forty-fourth Amendment) Act, 1978 ,Section 3. sub-clause (c)re-lettered as sub-clause (b)by the Constitution (Forty-fourth Amendment) Act, 1978 ,Section 3. Substituted for the words, brackets,letter andfigure\"sub-clause(a) of clause (4)\"by the Constitution (Forty-fourth Amendment) Act, 1978 ,Section 3.\n"} {"_id": "6JDWYlgAAC", "title": "", "text": "Title: Power to make orders detaining certain persons\nDesc: (1) The Central Government or the State Government or any officer of the Central Government, not below the rank of a Joint Secretary to that Government, specially empowered for the purposes of this section by that Government, or any officer of the State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from- (i) smuggling goods, or (ii) abetting the smuggling of goods, or (iii) engaging in transporting or concealing or keeping smuggled goods, or (iv) dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or (v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained: 1 [Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J and K Ordinance, 1 of 1988).] (2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order. (3) For the purposes of clause (5) of article 22 of the Constitution , the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention. Added by Act No. 46 of 1988 , Section 15 with effect from . 4-7-1988.\n"} {"_id": "QMgV0Lh8Wv", "title": "", "text": "Title: Power of High Courts to issue certain writs\nDesc: (1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose (2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated (4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32\n"} {"_id": "TP9gyv1plB", "title": "", "text": "Title: Power to make orders detaining certain persons\nDesc: (1) The Central Government or the State Government may, -- (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India, or (b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India, it is necessary so to do, make an order directing that such person be detained. (2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of Public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained. Explanation.--For the purposes of this sub-section, \"acting in any manner prejudicial to the maintenance of supplies and services essential to the community\" does not include \"acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community\" as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 , and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act. (3) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (2), exercise the powers conferred by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (4) When any order is made under this section by an officer mentioned in sub-section (3), he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words \"twelve days\", the words \"fifteen days\" shall be substituted. (5) When any order is made or approved by the State Government under this section, the State Government shall, within seven days, report the fact of the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.\n"} {"_id": "zKG5mSoyPs", "title": "", "text": "Title: Punishment for dacoity\nDesc: Whoever commits dacoity shall be punished with 1 [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "YTH8xIZM1J", "title": "", "text": "Title: Robbery, or dacoity, with attempt to cause death or grievous hurt\nDesc: If, at the time of commuting robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.\n"} {"_id": "u8zF9OHzlw", "title": "", "text": "Title: Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings\nDesc: (1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 2 [an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. (2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with standing orders applicable to a workman concerned in such dispute3 [or, where there are no such standing order, in accordance with the terms of the contract, whether express or implied, between him and the workman] (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or (b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) Notwithstanding anything contained in subsection (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceeding; or (b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. Explanation. - For the purposes of this subsection, a \"protected workman\", in relation to an establishment, means a workman who, being 4 [a member of the executive or other office bearer] of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf. (4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of subsection (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen. (5) Where an employer makes an application to a conciliation officer, Board,5 [an arbitrator, a] Labour Court, Tribunal or National Tribunal under the proviso to subsection (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass,6 [within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] 7 [Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit: Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this subsection had expired without such proceedings being completed.] Substituted by Act 36 of 1956 , section 21, for section 33 with effect from . 10-3-1957. Inserted by Act 36 of 1964 , section 18 with effect from . 15-12-1964. Inserted by Act 36 of 1964 , section 18 with effect from . 15-12-1964. Substituted by Act 45 of 1971 , section 5, for \"an officer\" with effect from . 15-12-1971. Inserted by Act 36 of 1964 , Section 18 (w.e.f 15-12-1964). Substituted by Act 46 of 1982 , section 17, for certain words with effect from . 21-8-1984. Inserted by Act 46 of 1982 , section 17 with effect from . 21-8-1984.\n"} {"_id": "Is9hVLXnGB", "title": "", "text": "Title: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State\nDesc: (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. 1 [(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges2 [...] : 3 [Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply-] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.] 4 (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.] Substituted by the Constitution (Fifteenth Amendment) Act, 1963 , s. 10, for cls. (2) and (3), (w.e.f. 5-10-1963) The words \"and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry\" omitted by the Constitution (Forty-second Amendment) Act, 1976 , Section 44 (w.e.f. 3-1-1977). Substituted by Constitution (Forty-second Amendment) Act, 1976 Section 44 for certain words (w.e.f. 3-1-1977). Substituted by Constitution (Fifteenth Amendment) Act, 1963, s. 10 (w.e.f. 5-10-1963).\n"} {"_id": "8IRh1E2JDB", "title": "", "text": "Title: Recruitment and conditions of service of persons serving the Union or a State\nDesc: Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor1 [...] of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this Article , and any rules so made shall have effect subject to the provisions of any such Act. The words \"or Rajpramukh\" omitted by Constitution (Seventh Amendment) Act, 1956ConstitutionSeventhAmendmentAct1956_10191956_.xml s. 29 and Sch. (w.e.f. 1-11-1956)\n"} {"_id": "9NIQ0Wobtq", "title": "", "text": "Title: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases\nDesc: (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 1 if the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. 2 (3) Where such a certificate is given, 3 any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 4 . . Explanation.-For the purposes of this Article , the expression \"final order\" includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978 , Section 17, for \"if the High Court certifies\" (w.e.f. 1-8-1979). Clause (2) omitted by Constitution (Forty-fourth Amendment) Act, 1978 Section 17 (w.e.f. 1-8-1979). The words \"or such leave is granted\" omitted by Constitution (Forty-fourth Amendment) Act, 1978 Section 17 (w.e.f. 1-8-1979). The words \"and, with the leave of Supreme Court, on any other ground\" omitted by Constitution (Forty-fourth Amendment) Act, 1978ConstitutionFortyFourthAmendmentAct1978_4301979_.xml Section 17 (w.e.f. 1-8-1979).\n"} {"_id": "ZESFqZ8pIx", "title": "", "text": "Title: Punishment of offences committed beyond, but which by law may be tried within, India\nDesc: Any person liable, by any 1 [Indian law] to be tried for an offence committed beyond 2 [India] shall be dealt with according to the provisions of this Code for any act committed beyond 3 [India] in the same manner as if such act had been committed within 4 [India]. Substituted by the A.O. 1937 for \"law passed by the Governor General of India in Council\". The original words \"the limits of the said territories\" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above. The original words \"the limits of the said territories\" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above. The original words \"the said territories\" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule, to read as above.\n"} {"_id": "Y7gbtP7ySe", "title": "", "text": "Title: Punishment of criminal conspiracy\nDesc: (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1 [imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956.)\n"} {"_id": "Xoblu17rNy", "title": "", "text": "Title: Punishment for wrongful restraint\nDesc: Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.\n"} {"_id": "9OBGhnuKon", "title": "", "text": "Title: Murder\nDesc: Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- Secondly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or- Thirdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- Fourthly.-If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.-When culpable homicide is not murder.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:- First.-That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Secondly.-That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly.-That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.-Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z\"s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to, A, A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z's nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.-Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.-Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. Explanation.-It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.-Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z\"s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.\n"} {"_id": "P1uRr6YICt", "title": "", "text": "Title: Punishment for culpable homicide not amounting to murder\nDesc: Whoever commits culpable homicide not amounting to murder shall be punished with 1 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which me death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "3npgW2zMj5", "title": "", "text": "Title: Documents of which registration is compulsory\nDesc: (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they of have been executed on or after the date on which, Act No. XVI of is 1864, or the Indian Registration Act, 1866 ( 20 of 1866), or the Indian Registration Act, 1871 (8 of 1871), or the- Indian Registration Act, 1877 (3 of 1877), or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 1 [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] Provided that the 2 [State Government[ may, by order published in the 3 [Official Gazette], exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. 4 [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.] (2) Nothing in clauses (b) and (c) of sub-section (1) applies to- (i) any composition deed; or (ii) any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or (iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv) any endorsement upon or transfer of any debenture issued by any such company; or (v) 5 [any document other than the documents specified in sub section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or (vi) any decree or order of a Court 6 [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding]; or (vii) any grant of immovable property by 7 [Government]; or (viii) any instrument of partition made by a Revenue-officer; or (ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act,1883 (19 of 1883); or (x) any order granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that Act; or 8 [(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or] (xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or (xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-officer. 9 [Explanation.- A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.] (3) Authorities to adopt a son, executed after the first day of January, 1872, and not conferred by a will, shall also be registered. STATE AMENDMENTS Andhra Pradesh: In section 17,\u2014 (a) in sub-section (1),\u2014 (i) for clause (d), substitute the following clause, namely:\u2014 \"(d) leases of immovable property;\" (ii) after clause (e) but before the proviso, insert the following clauses, namely:\u2014 \"(f) any decree or order or award or a copy thereof passed by a Civil Court on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899 (2 of 1899), such as registered title deed produced by the plaintiff, where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property; and (g) agreement of sale of immovable property of the value of one hundred rupee and upwards;\" (b) in sub-section (2),\u2014 (i) in clause (v), for the words \"any document not in itself creating\", substitute the words \"any document except an agreement of sale as mentioned in clause (g) of sub-section (1) not in itself creating\"; (ii) in clause (vi), for the words \"any decree or order of a Court\", substitute the words \"any decree or order of a Court, not being a decree or order or award falling under clause (f) of sub-section (1)\"; (iii) omit Explanation. [Vide Andhra Pradesh Act 4 of 1999, sec. 2 (w.e.f. 1-4-1999).] Gujarat: In section 17,\u2014 (i) in sub-section (1), after clause (a), insert the following clause, namely:\u2014 \"(aa) instruments which purport or operate to effect any contract for transfer of any immovable property;\" (ii) after sub-section (1), insert the following sub-section, namely:\u2014 \"(1A) The provisions of section 23 shall apply to an instrument referred to in clause (aa) of sub-section (1) and executed before the commencement of the Registration (Gujarat Amendment) Act, 1982 as if in that section for the words \"from the date of its execution\" the words, figures and letters \"from the 1st March, 1982\" has been substituted \" (iii) in sub-section (2), omit Explanation. [Vide Gujarat Act 7 of 1982, sec. 2 (w.e.f. 18-12-1981).] Kerala: In section 17, in sub-section (2), omit clauses (ix) and (x). [Vide Kerala Act 7 of 1968, sec. 2 (w.e.f. 22-2-1968).] Maharashtra: In section 17, in sub-section (2), in clause (x),\u2014 (a) after the words and figures \"Agriculturists' Loans Act, 1884\", insert the words \"or under the Bombay Non-Agriculturists' Loans Act, 1928\": (b) for the words \"under that Act\", substitute the words \"under either of those Acts\". [Vide Maharashtra Act 19 of 1960, sec. 2 (w.e.f. 24-10-1960).] Orissa: In section 17, after clause (e), insert the following clauses, namely:\u2014 \"(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser; (g) Power-of-attorney relating to transfer of immovable property possession where of has been or is handed over to the purported attorney holder.\" [Vide Orissa Act 8 of 2002, sec. 3.] Pondicherry: In section 17, in sub-section (3), for the words \"the first day of January, 1872\", substitute the words \"the 9th day of January, 1969\". [Vide Pondicherry Act 17 of 1970, sec. 2 (w.e.f. 1-11-1970).] Rajasthan: In section 17, in sub-section (2),\u2014 (i) in clause (xii), at the end, insert the word \"or\"; and (ii) after clause (xii), insert the following clause, namely:\u2014 \"(xiii) any instrument referred to in sub-section (5) of section 89.\" [Vide Rajasthan Act 16 of 1976, sec. 2 (w.e.f. 13-2-1976).] (a) in sub-section (1), after clause (e) and before the proviso, add the following clauses, namely:\u2014 \"(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser; (g) irrevocable power of attorney relating to transfer of immovable property in any way;\" and (b) in sub-section (2), omit the existing Explanation. [Vide Rajasthan Act 18 of 1989, sec. 2 (w.e.f. 18-9-1989).] Tamil Nadu: In section 17, in sub-section (1), after clause (e), add the following clause, namely.\u2014 \"(f) instruments of agreement relating to construction of multi unit house or building on land held by several persons as referred to in clause (i) under Article 5 of Schedule I to the Indian Stamp Act, 1899 (2 of 1899).\" [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 1-1-1988).] Uttar Pradesh: In section 17,\u2014 (a) in sub-section (1)\u2014 (i) in clauses (b) and (e), omit the words \"of the value of one hundred rupees and upwards\", (ii) after clause (e), insert the following clause, namely:\u2014 \"(f) any other instrument required by any law for the time being in force, to be registered;\"; (iii) omit proviso; (b) in sub-section (2)\u2014 (i) in clause (v), after the words \"any document\" occurring in the beginning, insert the words \"other than contract for sale\", and omit the words \"of the value of the one hundred rupees and upwards\", (ii) omit Explanation; (c) in sub-section (3), after the words \"by a will\", insert the words \"and an instrument recording adoption of a child executed after the first day of January, 1977\" [Vide Uttar Pradesh Act 57 of 1976, sec. 32 (w.e.f. 1-1-1977).] Added by Act 21 of 1929, section 10. Substituted for 'Provincial Government' by A.O. 1950. Substituted for 'Local Official Gazette' by A.O. 1937. Inserted by The Registration And Other Related Laws (Amendment) Act, 2001 w.e.f. 24-09-2001. Substituted for words \"any document\" by the Registration And Other Related Laws (Amendment) Act, 2001, w.e.f. 24-09-2001. Substituted by Act 21 of 1929, section 10, for \"and any award\". Substituted for 'Crown' by A.O. 1950. Inserted by Act 39 of 1948, section 2. Inserted by Act 2 of 1927, section 2.\n"} {"_id": "3UDqpNVGMr", "title": "", "text": "Title: Revision\nDesc: 1 [(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a ) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: 2 [Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.] 3 [(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. 4 [(3) A revision shall not operate as a stay Of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] Explanation.-In this section, the expression \"any case which has been decided\" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.] STATE AMENDMENTS Madhya Pradesh :-(i) For Section 115 of the principal Act, the following section shall be substituted, namely:- \"115. Revision.-The High Court in cases arising out of original suits or proceedings of the value of twenty thousand rupees and above and the District Judge in any older case may call for record of any case which has been decided by any Court subordinate to such High Court or District Judge, as the case may: Provided further that the High Court or the District Court shall not under this section vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where,- (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings, or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the part against whom it was made. Explanation.-In this section, the expression 'any case which has been decided' includes any order deciding an issue in the course of suit or other proceeding.\" [Vide M.P. Act 29 of 1984, section 4 (w.e.f. 14-8-1984)]. (ii) For Section 115 of the principal Act, the following Section shall be substituted namely:- \"115. Revision.-The High Court may call for the record of any cases which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: Provided that the High Court shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of a suit or other proceedings except where:- (a) the order, if it had been made in favour of the party applying for the revision, would have finally disposed of the suit or proceeding; or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. (2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto Explanation.-In this section, the expression \"any case which has been decided\" includes any order made, or any order deciding an issue in the course of a suit or other proceeding. {Vide M.P. Act 4 of 1994, section 2 (W.e.f. 15-3-1994).] Orissa.-In the Code of Civil Procedure, 5 of 1908, for Section 115, the following section shall be substituted namely:- \"115. Revision.-The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure (Orissa Amendment) Act, 1991 , may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court or the District Court, as the case may be, make such order in the case as it thinks fit: Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court atone shall be competent to make an order under this section: Provided further that the High Court or the District Court shall not, under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings; except where- (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings ;or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. Explanation.-In this section, the expression \"any case which has been decided\" includes any order deciding an issue in the course of a suit or other proceeding\". Saving-The amendment made by this Act shall not affect the validity invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under Section 115 of the Code of Civil Procedure, 5 of 1908 prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court\". [Vide Orissa Act 26 of 1991, section 2] Uttar Pradesh.-(i) For section 115 of the said Code the following section shall be substituted, namely:- \"115A.-Revision.-The High Court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, including such suits or other proceedings institute before August 1, 1978, and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any Court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity: the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit: Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order under this section: Provided further that the High Court or the District Court shall not under this section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where,- (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. Explanation.-In this section, the expression 'any case which has been decided' includes any order deciding an issue, in the course of a suit or other proceeding.\" [Vide The Code of Civil Procedure (Uttar Pradesh Amendment) Act 31 of 1978, section 3 (w.e.f.1-8-1978)] (ii) In section 115 of the Code of Civil Procedure, 1908 hereinafter in this chapter referred to as the said code- (a) for the words \"of the value of the twenty thousand rupees and above including such suits or other proceeding instituted before August 1, 1978\" the following words shall be substituted, namely:- \"of the value exceeding one lakh rupees or such higher amount not exceeding five lakhs rupees as the High Court may from time to time fix, by notification published in the Official Gazette including such suit or other proceeding instituted before the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or as the case may be, the date of commencement of such notification\". (b) after the second proviso, the following proviso shall be inserted, namely:- \"Provided also that where a proceeding of the nature in which the District Court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the High Court, such Court shall proceed to dispose of the same\". [Vide U.P. Act 17 of 1991, section 7 (w.e.f. 15-1-1991).] West Bengal:-After section 115, the following section shall be inserted:- \"115A. District Court's powers of revision.-(1) A District Court may exercise all or any of the owers which may be exercised by the High Court under Section 115. (2) Where any proceeding by way of revision is commenced before a District Court in pursuance of the provisions of sub-section (1), the provisions of Section 115 shall, so far as may be, apply to such proceeding and references in the said section to the High Court shall be construed as references to the District Court. (3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall be final and no further proceeding by way of revision shall be entertained by the High Court or any other Court. (4) If any application for revision has been made by any party either to the High Court under Section 115 or to the District Court under this section, no further application by the same party shall be entertained by the High Court or any other Court. (5) A Court of Additional Judge shall have and may exercise all the powers of a District Court under this section in respect of any proceeding which may be transferred to ii by or under any general or special order of the District Court.\" [Vide West Bengal Act 15 of 1988, section 3 (w.e.f. 5-11-1988)]. Section 115 re -numbered as sub-section (1) of that section by Act 104 of 1976 , section 43 with effect from . 1-2-1977. Substituted by the Code of Civil Procedure (Amdt.) Act, 1999 ; with effect from . 1-7-2002. Prior to substitution it read as under:- \"3[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where- (a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding, or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.]\" Inserted by Act 104 of 1976 , section 43, with effect from . 1-2-1977. Inserted by the Code of Civil Procedure (Amdt.) Act, 1999 ; with effect from . 1-7-2002.\n"} {"_id": "0lnXv2Rra6", "title": "", "text": "Title: Grounds for setting aside award\nDesc: An award shall not be set aside except on one or more of the following grounds, namely :- (a) that an arbitrator or umpire has misconducted himself or the proceedings ; (b) that an award has been made after the issue of an order by the Court superseding the arbitration or after arbitration proceedings have become invalid under section 35 ; (c) that an award has been improperly procured or is otherwise invalid.\n"} {"_id": "2qFl41sNLj", "title": "", "text": "Title: Written statements to be signed and verified\nDesc: Written statements shall be signed and verified in the manner hereinbefore provided for signing and verifying plaints, and no written statement shall be received unless it be so signed and verified.\n"} {"_id": "HSUPwePut0", "title": "", "text": "Title: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.\nDesc: (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order 1 prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).\n"} {"_id": "QR6FEecAtp", "title": "", "text": "Title: Protection of life and personal liberty\nDesc: No person shall be deprived of his life or personal liberty except according to procedure established by law.\n"} {"_id": "O4ZektUJrh", "title": "", "text": "Title: Protection of certain rights regarding freedom of speech, etc.\nDesc: (1) All citizens shall have the right- (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions 1 [or co-operative societies]; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; 2 and 3 (g) to practise any profession, or to carry on any occupation, trade or business. 4 (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of 5 the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 6 the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 7 the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in 8 sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, 9 nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,- (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise. Inserted by Constitution (Ninety-seventh Amendment) Act, 2011. Inserted by the Constitution (Forty-fourth Amendment) Act, 1978 , Section 2 (w.e.f. 20-6-1979). Sub-clause (f) omitted by Section 2, ibid. (w.e.f. 20-6-1979) Substituted by the Constitution (First Amendment) Act, 1951 , Section 3, for Clause (2) (with retrospective effect) Inserted by the Constitution (Sixteenth Amendment) Act, 1963 , Section 2. Inserted by the Constitution (Sixteenth Amendment) Act, 1963 , Section 2. Inserted by the Constitution (Sixteenth Amendment) Act, 1963 , Section 2. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978 , Section 2, for \"sub-clauses (d), (e) and (f)\" (w.e.f. 20-6-1979) Substituted by the Constitution (First Amendment) Act, 1951 , Section 3, for certain words.\n"} {"_id": "phlhHVlnES", "title": "", "text": "Title: Publication of preliminary notification and powers of officers thereupon\nDesc: (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose 1 [or for a company], a notification to that effect shall be published in the Official Gazette 2 [and in two daily newspapers circulating in that locality of which at least one shall be in the regional language] and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality 3 [the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification]. (2) Thereupon it shall be lawful for any officer, either, generally or specially authorised by such Government in this behalf, and for his servants and workmen, to enter upon and survey and take levels of any land in such locality; to dig or bore in the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. Inserted by section 4(a) of Land Acquisition (Amendment) Act, 1984 . Inserted by section 4(b) of Land Acquisition (Amendment) Act, 1984 , with effect from . 24-9-1984. Inserted by section 4(c) of Land Acquisition (Amendment) Act, 1984 , with effect from . 24-9-1984.\n"} {"_id": "4HZKjht3X1", "title": "", "text": "Title: Arbitration agreement or award to be contested by application\nDesc: Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide that question on affidavits : Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit.\n"} {"_id": "SstzyshA6P", "title": "", "text": "Title: Power to stay legal proceedings where there is an arbitration agreement\nDesc: Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.\n"} {"_id": "DIq2AnHTmt", "title": "", "text": "Title: Past performance\nDesc: Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that2 where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof. Inserted by Act 20 of 1929 , Section 16. The words \"the contract, though required to be registered, has not been registered, or,\" omitted by The Registration And Other Related Laws (Amendment) Act, 2001 with effect from 24.09.2001\n"} {"_id": "OjkeaBKsoR", "title": "", "text": "Title: Power to summon persons to give evidence and produce documents\nDesc: 1 [(1) Any gazetted officer of custom shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making under this Act.] (2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under control of the person summoned, (3) All persons so summoned shall be bound to attend either in person or by an authorised agent as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject, respecting which they are examined or make statements and produce such documents and other things as may be required: Provided that the exemption under section 132 of the Code of Civil Procedure, 1908 (5 of 1908), shall he applicable to any requisition for attendance under this section. (4) Every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). Substituted by Taxation Laws (Amendment) Act, 2006 w.e.f. 13-07-2006.\n"} {"_id": "zNmREpOaUV", "title": "", "text": "Title: Recording of confessions and statements\nDesc: (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: 1 [Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.] (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:- \"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A.B. Magistrate\". (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. 2 [(5A)(a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (7) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed. (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.\"] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: After sub-section (1) of section 164, the following sub-section shall be inserted, namely:- \"(1A) Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient so to do that Government may, after consulting the High Court, specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial Magistrate shall be construed as references to the Executive Magistrate so empowered.\" [Vide Regulation 1 of 1974, sec, 5 (w.e.f. 30-3-1974)]. Substituted by Section 13 of the Code of Criminal Procedure (Amendment) Act, 2008 Inserted by the Criminal Law (Amendment) Act, 2013(13 of 2013), w.e.f. 03-02-2013.\n"} {"_id": "SmNqE40fAr", "title": "", "text": "Title: Cheating and dishonestly inducing delivery of property\nDesc: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.\n"} {"_id": "wmq6OLkTkx", "title": "", "text": "Title: Forgery for purpose of cheating\nDesc: Whoever commits forgery, intending that the 1 [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Substituted by Act 21 of 2000, section 91 and Schedule I, for \"document forged\" (w.e.f. 17-10-2000).\n"} {"_id": "XRvj7uff0L", "title": "", "text": "Title: Intentional insult with intent to provoke breach of the peace\nDesc: Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Substituted by Act 4 of 1898, section 6, for the original section 505.\n"} {"_id": "fSEVQOEXfn", "title": "", "text": "Title: Punishment for criminal intimidation\nDesc: Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1 [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with line, or with both. STATE AMENDMENT 2 Uttar Pradesh Imprisonment of 7 years, or fine or both-Cognizable-Non-bailable-Triable by Magistrate of the first class-N on-compoundable. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956). Vide Notification No. 777/VI1I 9-4(2)-87, dated 31st July, 1989, Published in U.P. Gazette, Extra., Pt. A, section (kha), dated 2nd August, 1989 .\n"} {"_id": "3MsHarAJOC", "title": "", "text": "Title: Punishment For forgery\nDesc: Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.\n"} {"_id": "QsKDGAUuRq", "title": "", "text": "Title: Control over subordinate courts\nDesc: The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this Article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.\n"} {"_id": "hPInRVkLUh", "title": "", "text": "Title: Report of police officer on completion of investigation\nDesc: (1) Every investigation under this Chapter shall be completed without unnecessary delay. 1 [(1A) The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer in charge of the police station.] (2) (i) As soon as it is completed, the officer in charge of ihe police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating- (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under section 170. 2 [(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376A, 376B, 376C or 3 [376D or 376E of the Indian Penal Code .] (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any whom the information relating to the commission of the offence was first given. (3) Where a superior officer of police has been appointed under section 158, the report, shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. (4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. (5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report- (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceeding or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5) . (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding, such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2) . Inserted by Section 16 of the Code of Criminal Procedure (Amendment) Act, 2008 Inserted by Section 16 of the Code of Criminal Procedure (Amendment) Act, 2008 Substituted by the Criminal Law (Amendment) Act, 2013 (13 of 2013), w.e.f. 03-02-2013.\n"} {"_id": "8H6h8l7qgA", "title": "", "text": "Title: Report of police-officer\nDesc: State(s): Delhi, Orissa, Punjab, West Bengal 1 [(1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the police-station shall- (a) forward to a Magistrate empowered to take cognizance of the offence on a police-report a report, in the form prescribed by the State Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and (b) communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.] (2) Where a superior officer of police has been appointed under section 158, the report shall, in any cases in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police-station to make further investigation. (3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. 2 [(4) After forwarding a report under this section, the officer in charge of the police-station shall, before the commencement of the inquiry or trial, furnish or cause to be furnished to the accused, free of cost, a copy of the report forwarded under sub-section (1) and of the first information report recorded under section 154 and of all other documents or relevant extracts thereof, on which the prosecution proposes to rely, including the statements and confessions, if any, recorded under section 164 and the statements recorded under sub-section (3) of section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (5) Notwithstanding anything contained in sub-section (4), if the police-officer is of opinion that any part of the statement recorded under sub-section (3) of section 161 is not relevant to the subject- matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, he shall exclude such part from the copy of the statement furnished to the accused and in such a case, he shall make a report to the Magistrate stating his reasons for excluding such part: Provided that at the commencement of the inquiry or trial, the Magistrate shall, after perusing the part so excluded and considering the report of the police-officer, pass such orders as he thinks fit and if he so directs, a copy of the part so excluded or such portion thereof, as he thinks proper, shall be furnished to the accused.] Substituted by Act 18 of 1923, s. 40, for the original sub-section (1). Substituted by Act 26 of 1955, s. 23, for the former sub-section (4) which was ins. by Act 18 of 1923, s. 40.\n"} {"_id": "VHWGaub52Z", "title": "", "text": "Title: Criminal misconduct by a public servant\nDesc: (1) A public servant is said to commit the offence of criminal misconduct,- (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or (d) if he,- (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.-For the purposes of this section, \"known sources of income\" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than 1 [four years] but which may extend to 2 [ten years] and shall also be liable to fine. Substituted by the Lokpal and Lokayuktas Act, 2013 (1 of 2014) for the words \"one year\". Substituted by the Lokpal and Lokayuktas Act, 2013 (1 of 2014) for the words \"seven years\".\n"} {"_id": "Arp5B1Id9Z", "title": "", "text": "Title: Duty of the State to raise the level of nutrition and the standard of living and to improve public health\nDesc: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.\n"} {"_id": "IqK3yn9Ffc", "title": "", "text": "Title: Voluntarily causing grievous hurt by dangerous weapons or means\nDesc: Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1 [imprisonment For life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f. 1-1-1956).\n"} {"_id": "elKPoh3pKM", "title": "", "text": "Title: Powers to control production, supply, distribution, etc., of essential commodities\nDesc: (1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, 1 [or for securing any essential commodity for the defence of India or the efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 2 [(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, (c) to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1: An order made under this clause in relation to food-grains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such food grains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2-For the purposes of this clause, \"production\" with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 3 [...] which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 4 [(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefor, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5 [(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination.] (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such article, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act: 6 [(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefor as hereinafter provided: (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 7 [(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of subsection (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (20), there shall be paid to the seller as the price therefor- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price: (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 8 [(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of food grains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in subsection (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to - (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 9 [(3C) Where any producer is required by an order made with reference to clause (f) of sub-section (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. 10 [Explanation I.-For the purposes of this sub-section:- (a) \"fair and remunerative price\" means the price of sugarcane determined by the Central Government under this section; (b) \"manufacturing cost of sugar\" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) \"producer\" means a person carrying on the business of manufacturing sugar; (d) \"reasonable return on the capital employed\" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 11 [Explanation II.-For the removal of doubts, it is hereby declared that the expressions 'fair and remunerative price' referred to in clause (a), 'manufacturing cost of sugar' referred to in clause (b) and 'reasonable return on the capitalemployed' referred to in clause (d), of this sub-section do not include the pricepaid or payable under any order or any enactment of any State Government and any price agreed to between theproducer and the grower or a sugarcane growers' co-operative society.] 12 [(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded godowns of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.-For the purposes of sub-section (3D) and this sub-section,-- (a) \"producer\" means a person carrying on the business of manufacturing sugar; (b) \"recognised dealer' means a person carrying on the business of purchasing, selling or distributing sugar; (c) \"sugar\" includes plantation while sugar, raw sugar and refined sugar. whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for mainting or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. 13 [...] (5) An order made under this section shall,- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS 14 Bihar In section 3,-- (i) in sub-section (2), for clause (f), substitute the following clause which shall be deemed always to have been substituted, namely:-- \"(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling any essential commodity to sell the whole or a specified part of the quantity held in stock or produced or caused to be produced or likely to be manufactured or produced or caused to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation.--An order relating to foodgrains made with reference to this clause,-- (i) may specify the prices, fixed by the Central/State Government in this behalf, after taking into account the recommendations, if any of the Agricultural Prices Commission and with the prior concurrence of the Central Government as the amount which shall be paid for the foodgrain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers.\" (ii) in sub-section (3), for clause (c), substitute the following clauses which shall be deemed always to have been substituted, namely:-- \"(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any specified in the said order; (d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\" (iii) in sub-section (3B), after clause (a), insert the following clause which shall be deemed always to have been inserted, namely:-- \"(aa) in the case of foodgrains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said order made with reference to clause (f) of sub-section (2) for such grade or variety of foodgrains; or\" 15 Maharashtra In section 3,-- (a) in sub-section (2), for clause (f), substitute the following clause which shall be deemed always to have been substituted, namely:-- \"(f) for requiring any person holding in stock, or likely to hold in stock, or engaged in the manufacture or production or processing of, or in the business of buying or selling, any essential commodity, to sell, the whole or a specified part of the quantity of the essential commodity held in stock or likely to be held in stock by him or manufactured or produced or processed or likely to be manufactured or produced or processed by him or received or likely to be received by him in his business of buying or selling to the Central Government or the State Government or to an officer or agent of any Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation.--An order made under this clause in respect of foodgrains may fix or provide for fixation of the quantity to be sold by a producer with reference to the nature and extent of his holding or the land revenue payable by him with certain weightages which may be prescribed for certain crops or lands enjoying irrigation or other facilities and also fix or provide for fixation of the quantity to be sold on a graded basis having regard to the size of the holdings of different producers.\" (b) In sub-section (3), for clause (c), substitute the following clause which shall be deemed always to have been substituted, namely:-- \"(c) where neither clause (a) nor clause (b) applies, in the case of foodgrains, the amount, if any, specified in or calculated in accordance with the order made under clause (f) of sub-section (2) read with sub-section (3B), and in the case of any other essential commodity, the price calculated at the market rate prevailing in the locality at the date of sale.\" (c) for sub-section (3B), substitute the following sub-section which shall be deemed always to have been substituted, namely:-- \"(3B) where, by an order made with reference to clause (f) of sub-section (2), any person is required to sell any grade or variety or foodgrains, edible oilseeds or edible oils to the Central Government or a State Government or an officer or agent of such Government or a corporation owned or controlled by such Government or to a person or class of persons specified in the order, and either no notification in respect of such foodgrains, edible oilseeds or edible oils has been issued under sub-section (3A) or any such notification having been issued, has ceased to remain in force by efflux of time then, notwithstanding anything contained in sub-section (3), there shall be paid to the person concerned an amount determined by the Central Government or the State Government, as the case may be,-- (a) having regard to the Controlled price, if any, fixed under this section or by or under any law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils, or (b) having regard to the prices recommended by the Agricultural Prices Commission for the concerned essential commodity, where no controlled price in relation to such commodity, has been fixed by or under any law [ for the time being in force. 16 Orissa In section 3,-- (a) in sub-section (2), for clause (f), substitute the following clause which shall be deemed always to have been substituted, namely:-- \"(f) for requiring any person holding in stock or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or caused to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation.--An order relating to foodgrains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers.\" (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- \"(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\" (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- \"(ia) in the case of foodgrains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of foodgrains; or\" Uttar Pradesh In section 3,-- 17 [(i) in sub-section (2), in clause (f), for Explanation 1, substitute the following Explanation, namely:-- \"Explanation 1.--An order made under this clause in relation to rice, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis.\"] 18 [(ii) in sub-section (2), after clause (f), insert the following clause, namely:-- \"(ff) for preventing the hoarding of any essential commodity;\"] 19 [(iii) in sub-section (3), for clause (c), substitute the following clauses which shall be deemed always to have been substituted, namely:-- \"(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the amount, if any, specified in the said order made with reference to clause (f) of sub-section (2); (d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated, at the market rate prevailing in the locality at the date of sale.\"] Inserted by Act 36 of 1967 , section 3 (w.e.f. 30-12-1967). Clause (f) as Substituted by Act 28 of 1957 , section 2 (w.e.f. 17-9-1957) and again Substituted by Act 92 of 1976 , section 3 (w.e.f. 2-9-1976). Omitted the following \"or cotton textiles\" by the Essential Commodities (Amendment) Act, 2006 , with effect from . 12.02.2007. Inserted by Act 17 of 1961 , section 2 (w.e.f. 10-5-1961). Substituted by Act 66 of 1971 , section 2 for clause (j) (w.e.f. 23-12-1971). Substituted by Act 92 of 1976 , section 3, for sub-clause (iii) (w.e.f. 2-9-1976). Inserted by Act 13 of 1957 , section 2 (w.e.f. 4-6-1957). Sub-section (3B) inserted by Act 25 of 1966 , section 2 (w.e.f. 3-9-1966) and Substituted by Act 92 of 1976 , section 3 (w.e.f. 2-9-1976). Substituted by the Essential Commodities (Amendment and Validation) Act, 2009 w.r.e.f.01-10-2009 Explanation renumbered as Explanation I tereof by Act 35 of 2010 w.r.e.f. 1-10-2009. Inserted by Essential Commodities (Amendment) Act, 2010 w.r.e.f. 1-10-2009. Inserted by Act 37 of 2003 section 2 (w.r.e.f. 14.06.1999). Sub-sections 4A, 4B and 4C as inserted by Act 14 of 1967 w.e.f. 1-4-1967 ceased to have effect from 31-3-1968. Vide Bihar Act 9 of 1978 , section 3 (w.e.f. 6-9-1978). Vide Maharashtra Act 1 of 1976 , section 3 (w.r.e.f. 12-11-1975). Vide Orissa Act 8 of 1976 , section 2 (w.e.f. 29-3-1976). Vide Uttar Pradesh Act 16 of 1978 , section 3 (2) w.e.f.27-4-1978. Vide Uttar Pradesh Act 9 of 1974 , section 2. Vide Uttar Pradesh Act 18 of 1975 , section 3 (b).\n"} {"_id": "22wjZRL9Oa", "title": "", "text": "Title: How much of information received from accused may be proved\nDesc: Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.\n"} {"_id": "aSQHqNgAC7", "title": "", "text": "Title: Punishment for robbery\nDesc: Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.\n"} {"_id": "18Y2bTu5X1", "title": "", "text": "Title: Definition\nDesc: In this Part, unless the context otherwise requires, \"the State\" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.\n"} {"_id": "5F21rWz5FY", "title": "", "text": "Title: Punishment for criminal breach of trust\nDesc: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.\n"} {"_id": "850kEnydx9", "title": "", "text": "Title: Assault or criminal force to woman with intent to outrage her modesty\nDesc: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, 1 [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine]. STATE AMENDMENTS 2 Andhra Pradesh for section 354, the following section shall be substituted, namely- 354. Assault or criminal force to woman with intent to outrage her modesty Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years and shall also be liable to fine: Provided that the court may for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term which may be less than five years but which shall not be less than two years. 3 Orissa In the First Schedule to the code of Criminal Procedure, 1973 in the entry under column 5 relating to section 354 of the Indian Penal Code 1860 for the word 'bailable' the word 'non-bailable' shall be substituted. Substituted by the Criminal Law (Amendment) Act, 2013 (13 of 2013), w.e.f. 03-02-2013. Vide Andhra Pradesh Act 6 of 1991. Vide Orissa Act 6 of 1995, section 3 (w.e.f. 10-3-1995).\n"} {"_id": "YqWg21nYCs", "title": "", "text": "Title: Statements to police not to be signed; use of such - statements in evidence1\nDesc: State(s): Delhi, Orissa, Punjab, West Bengal 1 (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made : Provided that when any witness, is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872, and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 32, clause (1) of the Indian Evidence Act, 1872, or to affect the provisions of section 27 of that Act.] Substituted by Act 26 of 1955, s. 22.\n"} {"_id": "xavU07zUHL", "title": "", "text": "Title: Statements to police not to be signed: Use of statements in evidence\nDesc: [(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) ; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.] (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act. Explanation.-An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.\n"} {"_id": "UMVmI5BRh8", "title": "", "text": "Title: Dacoity with murder\nDesc: If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1 [imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Substituted by Act 26 of 1955, section 117 and Schedule, for \"transportation for life\" (w.e.f.1-1-1956).\n"} {"_id": "9vOWOU6mbj", "title": "", "text": "Title: Lists of common and special jurors\nDesc: State(s): Delhi, Orissa, Punjab, West Bengal (1) The 1 [Clerk of the State] shall, before the first day of April in each year, and subject to such rules as the High Court from time to time prescribes, prepare - (a) a list of all persons liable to serve as common jurors ; and (b) a list of persons liable to serve as special jurors only. (2) Regard shall be had, in the preparation of the latter list, to the property, character and education of the persons whose names are entered therein. (3) No person shall be entitled to have his name entered in the special jurors' list merely because he may have been entered in the special jurors' list for a previous year. 2 [(4) The State Government may exempt any salaried servant of the Government from serving as a juror.] (5) Discretion of officer preparing lists : The 3 [Clerk of the State] shall, subject to such rules as aforesaid, have full discretion to prepare the said list as seems to him to be proper, and there shall be no appeal from, or review of, his decision. Substituted by the A.O. 1950 for \" Clerk of the Crown \". Substituted by the A.O. 1937 for the original sub-section (4). Substituted by the A.O. 1950 for \" Clerk of the Crown \".\n"} {"_id": "tUeC99enq5", "title": "", "text": "Title: Extension of Code to extra-territorial offences\nDesc: The provisions of this Code apply also to any offence committed by- 2 [(1) any citizen of India in any place without and beyond India; (2) any person on any ship or aircraft registered in India wherever it may be.] 3 [Explanation-In this section- (a) the word \"offence\" includes every act committed outside India which, if committed in India, would be punishable under this Code; (b) the expression \"computer resource\" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000(21 of 2000).'] 4 [(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.\"] 5 [Illustration] 6 [...] A, 7 [who is 8 [a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 9 [India] in which he may he found. 10 [...] Substituted by Act 4 of 1898, section 2, for the original section. Substituted by the A.O. 1950, for clauses (1) to (4). Substituted vide IT Amendment Act, 2008 previous text was :- \"Explanation - In this section the word \"offence\" includes every act committed outside India which, if committed in India, would be punishable under this Code.\" Inserted vide IT Amendment Act, 2008. Substituted by Act 36 of 1957, section 3 and Schedule II, for \"Illustrations\" (w.e.f. 17-9-1957). The brackets and letter \"(a)\" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957). Substituted by the A.O. 1948, for \"a coolie, who is a Native Indian subject\". Substituted by the A.O. 1950, for \"a British subject of Indian domicile\". The words \"British India\" have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above. Illustrations (b), (c) and (d) omitted by the A.O. 1950.\n"}