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gally caused to any person, in body, mind, reputation, or property 1.

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.' than a human being 2.

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."' used, 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 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 3, or to be used for the purpose of proof, whether in a Court of Justice or not 4.

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

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faith.'

CHAPTER III.

Punishments.

OF 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,

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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.

& 7 Ben. 165, 167.

bi. 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 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 c.

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 c.

III. Whoever, having been previously convicted of any one of the offences specified in the last preceding section, shall again be convicted of the same offence e, 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.

c

IV. Whoever, having been previously convicted off any one of the

Apparently the words and figures paragraphs 1 to 8 (both inclusive)' have been omitted per incuriam.

When
a prisoner convicted of house-
breaking in order to commit theft'
and of theft,' both offences being
portions of one continuous criminal
act, was sentenced, on the first head
of charge, to one year's rigorous im-
prisonment, and, on the second, to
twenty stripes, the High Court dis-
approved of the separate sentences,
as, though not illegal, they were con-
trary to the spirit and intention of
the Whipping Act, 5 Bom. H. C.,
Cr. Ca. 83.

3 Bom. H. C., Cr. Ca. 38. The previous conviction required by this section may be on the same day, and

the section does not mean 'previously
convicted and punished,' 5 Mad. H. C.
Rulings, xviii.

The section does not apply where
the second conviction is for an offence
committed previously to the first con-
viction, 3 Bom. H. C., Cr. Ca. 38: 7
ibid. Cr. Ca. 70.

It applies to juvenile, as well as to adult, offenders, 7 Bom. H. C., Cr. Ca. 70.

• i. e. the same specific offence, 5 Mad. H. C. Rulings, xxxix.

' and punished for, 4 Ben. App. Cr. 5. The object of this section is, 'that where a person, notwithstanding a previous conviction of dacoity and consequent punishment, and after having had a locus poenitentiae

sentence of

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.

II. 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 completing a previous sentence, commits the same offence, he shall be liable to whipping in addition to any sentence of imprisonment awarded. He has, that is to say, been undeterred by imprisonment, and therefore may be punished on the second occasion with stripes in addition,' 4 Ben. App. Cr. 5, 6.

This probably means 'Falsely charging any person with having

committed an unnatural offence (as defined in sec. 377 of the said Code), when the person making the charge intends to cause injury to the person charged, and knows that there is no just or lawful ground for such charge.'

This is the only attempt included among the offences specified in sec. 4; see 3 Bom. H. C., Cr. Ca. 37.

tion of

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

I Apparently the words and figures 'paragraphs 1 to 16, both inclusive,' should be added.

* i. e. an offender under 16 years of age, 6 All. 482. Under Act IV of 1879, 8. 44, boys under 12 may be punished with whipping for obstruct

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

ing a railway-line or throwing stones
at a train.

In revising this Code the enact-
ments contained in secs. I-VI of the
Whipping Act should be inserted in
their proper places.

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

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