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Making or possessing counterfeit seal, &c., with intent to forge valuable security or will
Making or possessing counterfeit seal, &c., with intent to forge other
TRADE AND PROPERTY-MARKS.
Fraudulent making or possessing die for counterfeiting property or trade-mark
Using false trade-mark
Using false property-mark
Using false trade or property-mark with intent to deceive or injure
Knowingly selling goods marked with counterfeit property or trademark
Breach of contract of service during voyage or journey.
OF OFFENCES RELATING TO MARRIAGE.
Cohabitation caused by man deceitfully inducing belief of lawful mar
Remarriage during life-time of husband or wife
Same offence with concealment of former marriage
Fraudulently going through marriage ceremony
Enticing, taking away, or detaining with criminal intent married
Merits of case decided in Court, or conduct of persons concerned ib. exc. 5
Censure passed in good faith by person having lawful au-
Accusation preferred in good faith to duly authorised person.
Caution intended for good of person to whom it is conveyed or
Punishment for defamation
Printing or engraving matter known to be defamatory
Sale of printed or engraved substance containing defamatory matter
ACT No. XLV OF 1860.
PASSED BY THE LEGISLATIVE COUNCIL
(Received the assent of the Governor-General on the 6th October 1860).
THE INDIAN PENAL CODE
[As amended by Acts Nos. VI of 1861, XIV of 1870,
WHEREAS it is expedient to provide a general Penal Code Preamble. for British India; It is enacted as follows:
1. This Act shall be called THE INDIAN PENAL CODE, and Title. shall take effect on and from the first day of January 1862 1 Commencethroughout the whole of the territories 2 which are or may Local become vested in Her Majesty by the statute 21 and 22 extent. Victoria, chapter 106, entitled 'An Act for the better government of India,' except the Settlement of Prince of Wales' Island, Singapore and Malacca 3.
'Act VI of 1861.
2 As to offences committed on the high seas, but within three miles from the coast of British India, see 8 Bom. H. C., Cr. Ca. 63. As to offences on the high seas, beyond that limit, 7 Bom. H. C., Cr. Ca. 89; and
see above, pp. 5, 6.
This exception is practically repealed by Act V of 1867, which extends the Code to the Straits Settlement. As to the operation of the Code in places outside British India, see above, p. 3.
2. Every person shall be liable to punishment under this committed Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within the said territories on or after the said first day of January 1862 1.
Offences 3. Any person liable, by any law passed by the Governorcommitted General of India in Council, to be tried for an offence com
but triable mitted beyond the limits of the said territories, shall be dealt with according to the provisions of this Code for any act2 committed beyond the said territories, in the same manner as if such act had been committed within the said territories 3.
Offences 4. Every servant of the Queen shall be subject to punishcommitted ment under this Code for every act or omission contrary to the by servant Queen provisions thereof, of which he, whilst in such service, shall be guilty on or after the said first day of January 1862, within the dominions of any Prince or State in alliance with the Queen by virtue of any treaty or engagement heretofore entered into with the East India Company, or which may have been or may hereafter be made in the name of the Queen by any Government of India.
Saving of certain laws.
5. Nothing in this Act is intended to repeal, vary, suspend, or affect any of the provisions of the Statute 3 & 4 William IV, Chapter 855, or of any Act of Parliament passed after that Statute in any wise affecting the East India Company, or the said territories, or the inhabitants thereof; or any of the provisions of any Act for punishing mutiny and desertion of Officers and Soldiers in the service of Her Majesty, or of any special or local law 6.
The meaning is that for acts and omissions theretofore treated as criminal offences, every person should in future be liable to punishment under the Code and not otherwise, provided such act or omission be contrary to its provisions, 3 Mad. H. C. Rulings, xvi, xvii.
2 Secs. 32, 33.
3 See 8 Bom. H. C., Cr. Ca. 92.
See sec. 14, below.
5 It is hard to see which of the unrepealed sections of this statute could in the absence of this saving have been affected by the Code. Possibly secs. 52, 73, 76, 80.
As to the effect of the last seven words see 3 Mad. H.. C. Rulings, xvii, xxi. For lists of special and local laws, see above, pp. 7-10.