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gally caused to any person, in body, mind, reputation, or
property?

45. The word "life' denotes the life of a human being, 'Life.' unless the contrary appears from the context.

46. The word death ’denotes the death of a human being, 'Death.' unless the contrary appears from the context.

47. The word 'animal' denotes any living creature, other · Animal.'

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than a human being ?

48. The word vessel' denotes anything made for the "Vessel.' conveyance by water of human beings, or of property.

49. Wherever the word 'year' or the word 'month' is 'Year.' psed

, it is to be understood that the year or the month is to “Month.' be reckoned according to the British calendar.

50. The word "section' denotes one of those portions of a 'Section.' chapter of this Code which are distinguished by prefixed

a

numeral figures.

51. The word oath' includes a solemn affirmation sub-Oath. stituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a Court of

Justice or not

52. Nothing is said to be done or believed in good faith, 'Good which is done or believed without due care and attention 5.

faith.'

see

1 And 'to injure' (sec. 482, etc.) means to cause illegally harm.

* Sec. 47 is not superfluous : sections 324, 326, 349, cl. 3.

See Act V of 1869 (Articles of War, Part III ( ); X of 1873 (the Indian Oaths Act). Declaration' admissible under the Civil Procedure

i Sec. 21.

Code, and Acts XXVII of 1866, IV such of 1869, I of 1879, etc.

5 This is not a definition of good faith, but merely a declaration that the expression 'good faith,' wherever it occurs in the Code, implies the presence of such care and attention

as ander the circumstances are proper. here includes the affidavits made or fides) the absence of all fraud and

It also implies (like the Roman bona
unfair dealing.

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CHAPTER III.

OF PUNISHMENTS,

Punishments.

53. The punishments to which offenders are liable under the provisions of this Code are-

First,-Death;
Secondly,Transportation;
Thirdly,-Penal servitude;

Fourthly,-Imprisonment, which is of two descriptions, namely:

(1) Rigorous, that is, with hard labour.

(2) Simple.
Fifthly,--Forfeiture of property.
Sixthly,-Fine

1 To these the punishment of whipping was added by Act VI of

1864, entitled An Act to authorise the punishment of whipping in certain cases, the unrepealed provisions of which are as follows:

WHEREAS it is expedient that in certain cases offenders should be liable, under the provisions of the Indian Penal Code, to the punishment of whipping ; It is enacted as follows:

I. In addition to the punishments described in section 53 of the Indian Penal Code, offenders are also liable to whipping under the provisions of the said Code a.

II. Whoever commits any of the following offences may be punished with whipping in lieu of any punishment b to which he may for such offence be liable under the Indian Penal Code, that is to say :

1. Theft, as defined in section 378 of the said Code.

2. Theft in a building, tent, or vessel, as defined in section 380 of the said Code.

b

7 Ben. 165, 167.

i. e. any other punishment. The effect of sec. 2 is that the sections therein mentioned are to be read respectively as if to each the follow

ing words had been added : or in lieu of such punishment (or punishments) the offender may be punished with whipping,' F. B. Rulings, 1874, p. 953

54. In every case in which sentence of death shall have Commutabeen passed, the Government of India or the Government of tion of

sentence of the place within which the offender shall have been sentenced death.

3. Theft by a clerk or servant, as defined in section 381 of the said Code.

4. Theft after preparation for causing death or hurt, as defined in section 382 of the said Code.

5. Extortion by threat, as defined in section 388 of the said Code.

6. Putting a person in fear of accusation in order to commit extortion, as defined in section 389 of the said Code.

7. Dishonestly receiving stolen property, as defined in section 411 of the said Code.

8. Dishonestly receiving property stolen in the commission of a dacoity, as defined in section 412 of the said Code.

9. Lurking house-trespass, or house-breaking, as defined in sections 443 and 445 of the said Code, in order to the committing of any offence punishable with whipping under this section o.

10. Lurking house-trespass by night, or house-breaking by night, as defined in sections 444 and 446 of the said Code, in order to the committing of any offence punishable with whipping under this section

III. Whoever, having been previously convicted d of any one of the offences specified in the last preceding section, shall again be convicted of the same offence , may be punished with whipping in lieu of or in addition to any other punishment to which he may for such offence be liable under the Indian Penal Code. IV. Whoever, having been previously convicted off any one of the

Apparently the words and figures the section does not mean 'previously paragraphs 1 to 8 (both inclusive)' convicted and punished,' 5 Mad. H.C. have been omitted per incuriam. Rulings, xviii. When a prisoner convicted of house- The section does not apply where breaking in order to commit theft' the second conviction is for an offence and of theft, both offences being committed previously to the first conportions of one continuous criminal viction, 3 Bom. H. C., Cr. Ca. 38: 7 act, was sentenced, on the first head ibid. Cr. Ca. 70. of charge, to one year's rigorous im- It applies to juvenile, as well as to prisonment, and, on the second, to adult, offenders, 7 Bom. H. C., Cr. twenty stripes, the High Court disapproved of the separate sentences, • i. e. the same specific offence, 5 as, though not illegal, they were con- Mad. H. C. Rulings, xxxix. trary to the spirit and intention of

I and punished 4 Ben. App. the Whipping Act, 5 Bom. H. C., Cr. 5. The object of this section is, Cr. Ca. 83

'that where a person, notwithstand3 Bom. H. C., Cr. Ca. 38. The ing a previous conviction of dacoity previous conviction required by this and consequent punishment, and after section may be on the same day, and having had a locus poenitentiae

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Ca. 70.

6

may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

following offences, shall be again convicted of the same offence, may be punished with whipping in addition to any other punishment to which he may be liable under the Indian Penal Code, that is to

say :

1. Giving or fabricating false evidence in such manner as to be punishable under section 193 of the Indian Penal Code.

2. Giving or fabricating false evidence with intent to procure conviction of a capital offence, as defined in section 194 of the said Code.

3. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with transportation or imprisonment, as defined in section 195 of the said Code.

4. Falsely charging any person with having committed an unnatural offence, as defined in sections 211 and 377 of the said Code 8.

5. Assaulting or using criminal force to any woman with intent to outrage her modesty, as defined in section 354 of the said Code.

6. Rape, as defined in section 375 of the said Code.

7. Unnatural offences, as defined in section 377 of the said Code.

8. Robbery or dacoity, as defined in sections 390 and 391 of the said Code.

9. Attempting to commit robbery h, as defined in section 393 of the said Code.

10. Voluntarily causing hurt in committing robbery, as defined in section 394 of the said Code.

11. Habitually receiving or dealing in stolen property, as defined in section 413 of the said Code.

12. Forgery, as defined in section 463 of the said Code.

13. Forgery of a document, as defined in section 466 of the said Code. afforded to him, again, after complet- committed an unnatural offence as ing a previous sentence, commits the defined in sec. 377 of the said Code), same offence, he shall be liable to when the person making the charge whipping in addition to any sentence intends to cause injury to the person of imprisonment awarded. He has, charged, and knows that there is no that is to say, been undeterred by just lawful ground for such imprisonment, and therefore may be charge.' punished on the second occasion with h This is the only attempt instripes in addition,' 4 Ben. App. Cr. cluded among the offences specified 5, 6.

in sec. 4; see 3 Bom. H. C., Cr. Ca. 8 This probably means 'Falsely 37. charging any person with having

or

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sentence

55. In every case in which sentence of transportation for Commutalife shall have been passed, the Government of India or the tion of Government of the place within which the offender shall have of transbeen sentenced may, without the consent of the offender, com- for life.

portation mute the punishment for imprisonment of either description for a term not exceeding fourteen years 1.

14. Forgery of a document, as defined in section 467 of the said

a Code.

15. Forgery for the purpose of cheating, as defined in section 468 of the said Code.

16. Forgery for the purpose of harming the reputation of any person, as defined in section 469 of the said Code.

17. Lurking house-trespass or house-breaking, as defined in sections 443 and 445 of the said Code, in order to the committing of any offence punishable with whipping under this section i.

18. Lurking house-trespass by night or house-breaking by night, as defined in sections 444 and 446 of the said Code, in order to the committing of any offence punishable with whipping under this section i

V. Any juvenile offender k who commits any offence which is not by the Indian Penal Code punishable with death, may, whether for a first or any other offence, be punished with whipping in lieu of any other punishment to which he may for such offence be liable under the said Code.

VI. Whenever any Local Government shall, by notification in the official Gazette, have declared the provisions of this section to be in force in any Frontier District or any wild tract of country within the jurisdiction of such Local Government, any person who shall in such district or tract of country after such notification as aforesaid commit any of the offences specified in section IV of this Act, may be punished with whipping in lieu of any other punishment to which he may be liable under the Indian Penal Code 1

| Apparently the words and figures ing a railway-line or throwing stones paragraphs 1 to 16, both inclusive,' at a train. should be added.

1 In revising this Code the enacttie. an offender under 16 years of ments contained in secs. I-VI of the age, 6 All. 482. Under Act IV of Whipping Act should be inserted in 1879, s. 44, boys under 12 may be their proper places. punished with whipping for obstruct

Where the judge passing such a sentence considers that there are grounds for remitting it, he should

address the Local Government,5 Suth., Cr. Letters, 2. See Cr. P. Code, ss. 401, 402.

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