APPENDIX TWO
PROVISIONS OF OTHER ACTS REFERRED
TO IN DIVISION ONE
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Section of companies
act
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Section of the other acts referred to
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(1)
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(2)
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BANKING COMPANIES(ACQUISITION
AND
TRANSFER OF UNDERTAKINGS) ACT, 1970
[5 OF 1970]
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224a, Expln. (b
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2. Definitions.—In
this Act, unless the context otherwise
requires,—
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**
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(
d) "corresponding new bank",
in relation to an existing
bank, means the body corporate specified against such
bank in column 2 of the First Schedule;
FIRST SCHEDULE
[See
, and
]
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BANKING REGULATION ACT, 1949
[10 of 1949]
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2(5)
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5. Interpretation.
—In this Act, unless there is anything
repugnant in this subject or context,—
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**
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**
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(b)"banking"
means the accepting, for the purpose of
lending or investment, of deposits of money from the
public, repayable on demand or otherwise, and
withdrawable by cheque, draft, order or otherwise;
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(c)"banking
company" means any company which
transacts the business of banking in India.
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Explanation : Any company which
is engaged in the
manufacture of goods or carries on any trade and which
accepts deposits of money from the public merely for the
purpose of financing its business as such manufacturer or
trader shall not be deemed to transact the business of
banking within the meaning of this clause.
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215(1)(i)
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29. Accounts
& balance-sheet.—(1)**
** **
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(2) The balance-sheet and profit and loss account shall be
signed—
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(a)
in the case of a banking company incorporated in India,
by the manager or the principal officer of the company and
where there are more than three directors of the com-pany,
by at least three of those directors, or where there are not
more than three directors, by all the directors, and
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(b)
in the case of a banking company incorporated outside
India by the manager or agent of the principal office of the
company in India.
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CHARTERED ACCOUNTANTS ACT, 1949
[38 of 1949]
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226(1), 233A(1) and
233B(1)/proviso
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2. Interpretation.
—(1) In this Act, unless there is
anything repugnant in the subject or context,—
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** **
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(b)
"chartered accountant" means a person who is a
member of the Institute;
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**
**
**
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(e)
"Institute" means the Institute of Chartered Accountants of India constituted under
this Act;
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**
**
**
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(2) A member of the Institute shall be deemed, "to be in
practice", when individually or in partnership with
chartered accountants in practice, he, in consideration of
remuneration received or to be received,—
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(i)
engages himself in the practice of accountancy; or
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(ii)
offers to perform or performs services involving the
auditing or verification of financial transactions, books,
accounts, or records or the preparation, verification or
certification of financial accounting and related
statements or holds himself out to the public as an
accountant; or
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(iii)
renders professional services or assistance in or
about matters of principle or detail relating to
accounting procedure or the recording, presentation or
certification of financial facts or data; or
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(iv)
renders such other services as, in the opinion of the
Council, are or may be rendered by a chartered
accountant in practice,
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And the words "to be in practice" with their grammatical
variations and cognate expressions shall be construed
accordingly.
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Explanation : An associate or
a fellow of the Institute
who is a salaried employee of a chartered accountant in
practice or a firm of such chartered accountants shall,
notwithstanding such employment, be deemed to be in
practice for the limited purpose of the training of
articled clerks.
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CODE OF CRIMINAL PROCEDURE, 1973
[2 of 1974]
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624A
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24. Public Prosecutors.—(1)
For every High Court, the
Central Government or the State Government shall, after
consultation with the High Court, appoint a Public
Prosecutor and may also appoint one or more Additional
Public Prosecutors, for conducting in such Court, any
prosecution, appeal or other proceeding on behalf of the
Central Government or State Government, as the case may
be.
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(2) The Central Government may appoint one or more Public
Prosecutors, for the purpose of conducting any case or class
of cases in any district or local area.
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(3) For every district, the State Government shall appoint a
Public Prosecutor and may also appoint one or more
Additional Public Prosecutors for the district :
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Provided that the Public Prosecutor
or Additional Public
Prosecutor appointed for one district may be appointed also
to be a Public Prosecutor, or an Additional Public
Prosecutor, as the case may be, for another district.
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(4) The District Magistrate shall, in consultation with the
Sessions Judge, prepare a penal of names of persons who
are, in his opinion, fit to be appointed as Public Prosecutor or
Additional Public Prosecutor for the district.
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(5) No person shall be appointed by the State Government as
the Public Prosecutor or Additional Public Prosecutor for the
district unless his name appears in the panel of names
prepared by the District Magistrate under sub-section (4).
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(6) Notwithstanding anything contained in sub-section (5),
where in a State there exists a regular cadre of Prosecuting
Officers, the State Government shall appoint a Public
Prosecutor or an Additional Public Prosecutor only from
among the persons constituting such cadre :
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Provided that where, in the
opinion of the State
Government, no suitable person is available in such cadre for
such appointment that Government may appoint a person as
Public Prosecutor or Additional Public Prosecutor, as the
case may be, from the panel of names prepared by the
District Magistrate under sub-section (4).
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(7) A person shall be eligible to be appointed as a Public
Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section
(3) or sub-section (6), only if he has been in practice as an advocate for
not less than seven years.
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(8) The Central Government or the State Government may
appoint, for the purposes of any case or class of cases, a
person who has been in practice as an advocate for not less
than ten years as a Special Public Prosecutor.
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(9) For the purposes of sub-section (7) and sub-section (8),
the period during which a person has been in practice as a
pleader, or has rendered (whether before or after the
commencement of this Code) service as a Public Prosecutor
or as an Additional Public Prosecutor or Assistant Public
Prosecutor or other Prosecuting Officer, by whatever name
called, shall be deemed to be the period during which such
person has been in practice as an advocate.
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10E(4D)
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195. Prosecution
for contempt of lawful authority of public
servants, for offences against public justice and for offences
relating to documents given in evidence.—(1) No Court
shall
take cognizance—
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(a)(
i) of any offence punishable under
to
(both inclusive) of the Indian Penal Code (45 of 1860), or
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(ii)
of any abetment of, or attempt to commit, such offence,
or
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(iii)
of any criminal conspiracy to commit such offence,
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except on the complaint in writing of the public servant concerned
or of some other public servant to whom he is
administratively subordinate;
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(b)(
i) of any offence punishable under any of the following
sections of the Indian Penal Code (45 of 1860), namely,
to
(both inclusive), ,
,
to
(both inclusive) and , when
such offence is alleged to
have been committed in, or in relation to, any proceeding in
any Court, or
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(ii)
of any offence described in ,
or punishable
under ,
or , of the
said
Code, when such offence is alleged to have been committed
in respect of a document produced or given in evidence in a
proceeding in any Court, or
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(iii)
of any criminal conspiracy to commit, or attempt to
commit, or the abetment of, any offence specified in sub-clause (i)
or sub-clause (ii),
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except on the complaint in writing of that Court, or of some
other Court to which that Court is subordinate.
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(2) Where a complaint has been made by a public servant
under clause (a) of sub-section
(1) any authority to which he
is administratively subordinate may order the withdrawal of
the complaint and send a copy of such order to the Court;
and upon its receipt by the Court, no further proceedings
shall be taken on the complaint :
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Provided that no such withdrawal
shall be ordered if the trial
in the Court of first instance has been concluded.
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(3) In clause (b)
of sub-section (1), the term "Court" means a
Civil, Revenue or Criminal Court, and includes a Tribunal
constituted by or under a Central, Provincial or State Act if
declared by that Act to be a Court for the purposes of this
section.
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(4) For the purposes of clause (b)
of sub-section (1), a Court
shall be deemed to be subordinate to the Court to which
appeals ordinarily lie from the appealable decrees or
sentences of such former Court, or in the case of a Civil
Court from whose decrees no appeal ordinarily lies, to the
principal Court having ordinary original civil jurisdiction
within whose local jurisdiction such Civil Court is situate :
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Provided that—
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(a)
where appeals lie to more than one Court, the Appellate
Court of inferior jurisdiction shall be the Court to which such
Court shall be deemed to be subordinate;
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(b)
where appeals lie to a Civil and also to a Revenue Court,
such Court shall be deemed to be subordinate to the Civil or
Revenue Court according to the nature of the case or
proceeding in connection with which the offence is alleged
to have been committed.
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625(1)
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250. Compensation
for accusation without reasonable
cause.—(1) If, in any case instituted upon complaint or
upon
information given to a police officer or to a Magistrate, one
or more persons is or are accused before a Magistrate of any
offence triable by a Magistrate, and the Magistrate by whom
the case is heard discharges or acquits all or any of the
accused, and is of opinion that there was no reasonable
ground for making the accusation against them or any of
them, the Magistrate may, by his order of discharge or
acquittal, if the person upon whose complaint or information
the accusation was made is present, call upon him forthwith
to show cause why he should not pay compensation to such
accused or to each or any of such accused when there are
more than one; or, if such person is not present, direct the
issue of a summons to him to appear and show cause as
aforesaid.
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(2) The Magistrate shall record and consider any cause
which such complainant or informant may show, and if he is
satisfied that there was no reasonable ground for making the
accusation, may, for reasons to be recorded, make an order
that compensation to such amount, not exceeding the amount
of fine he is empowered to impose, as he may determine, be
paid by such complainant or informant to the accused or to
each or any of them.
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(3) The Magistrate may, by the order directing payment of
the compensation under sub-section (2), further order that, in
default of payment, the person ordered to pay such
compensation shall undergo simple imprisonment for a
period not exceeding thirty days.
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(4) When any person is imprisoned under sub-section (3), the
provisions of
and
of the Indian Penal Code
(45 of 1860) shall, so far as may be, apply.
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(5) No person who has been directed to pay compensation
under this section shall, by reason of such order, be
exempted from any civil or criminal liability in respect of the
complaint made or information given by him :
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Provided that any amount paid
to any accused person under
this section shall be taken into account in awarding
compensation to such person in any subsequent civil suit
relating to the same matter.
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(6) A complainant or informant who has been ordered under
sub-section (2) by a Magistrate of the second class to pay
compensation exceeding one hundred rupees, may appeal
from the order, as if such complainant or informant had been
convicted on a trial held by such Magistrate.
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(7) When an order for payment of compensation to an
accused person is made in a case which is subject to appeal
under sub-section (6), the compensation shall not be paid to
him before the period allowed for the presentation of the
appeal has elapsed, or, if an appeal is presented, before the
appeal has been decided; and where such order is made in a
case which is not so subject to appeal the compensation shall
not be paid before the expiration of one month from the date
of the order.
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(8) The provisions of this section apply to summons-cases as
well as to warrant-cases.
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CHAPTER XXVI
PROVISIONS AS TO OFFENCES
AFFECTING THE ADMINISTRATION
OF JUSTICE
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10E(4D)
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340. Procedure
in cases mentioned in .—(1)
When, upon an application made to it in this behalf or
otherwise, any Court is of opinion that it is expedient in the
interests of justice that an inquiry should be made into any
offence referred to in clause (b)
of sub-section (1) of , which
appears to have been committed in or in relation
to a proceeding in that Court or, as the case may be, in
respect of a document produced or given in evidence in a
proceeding in that Court, such Court may, after such
preliminary inquiry, if any, as it thinks necessary,—
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(a)
record a finding to that effect;
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(b)
make a complaint thereof in writing;
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(c)
send it to a Magistrate of the first class having
jurisdiction;
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(d)
take sufficient security for the appearance of the accused
before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary
so to do, send the
accused in custody to such Magistrate; and
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(e)
bind over any person to appear and give evidence before
such Magistrate.
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(2) The power conferred on a Court by sub-section (1) in
respect of an offence may, in any case where that Court has
neither made a complaint under sub-section (1) in respect of
that offence nor rejected an application for the making of
such complaint, be exercised by the Court to which such
former Court is subordinate within the meaning of sub-section (4) of .
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(3) A complaint made under this section shall be signed,—
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(a)
where the Court making the complaint is a High Court,
by such officer of the Court as the Court may appoint;
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(b)
in any other case, by the presiding officer of the Court.
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(4) In this section, "Court" has the same meaning as in
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341. Appeal.
—(1) Any person on whose application any
Court other than a High Court has refused to make a
complaint under sub-section (1) or sub-section (2) of , or against
whom such a complaint has been made by
such Court, may appeal to the Court to which such former
Court is subordinate within the meaning of sub-section (4) of
, and the
superior Court may thereupon, after
notice to the parties concerned, direct the withdrawal of the
complaint, or, as the case may be, making of the complaint
which such former Court might have made under , and if
it makes such complaint, the provisions of that
section shall apply accordingly.
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(2) An order under this section, and subject to any such
order, an order under ,
shall be final, and shall not
be subject to revision.
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342. Power
to order costs.—Any Court dealing with an
application made to it for filing a complaint under or an appeal
under section 341, shall have power to
make such order as to costs as may be just.
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343. Procedure
of Magistrate taking cognizance.—(1) A
Magistrate to whom a complaint is made under
or shall,
notwithstanding anything contained in
Chapter XV, proceed, as far as may be, to deal with the case
as if it were instituted on a police report.
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(2) Where it is brought to the notice of such Magistrate, or of
any other Magistrate to whom the case may have been
transferred, that an appeal is pending against the decision
arrived at in the judicial proceeding out of which the matter
has arisen, he may, if he thinks fit, at any stage, adjourn the
hearing of the case until such appeal is decided.
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344. Summary
procedure for trial for giving false
evidence.—(1) If, at the time of delivery of any judgment
or
final order disposing of any judicial proceeding, a Court of
Session or Magistrate of the first class expresses an opinion
to the effect that any witness appearing in such proceeding
had knowingly or wilfully given false evidence or had
fabricated false evidence with the intention that such
evidence should be used in such proceeding, it or he may, if
satisfied that it is necessary and expedient in the interest of
justice that the witness should be tried summarily for giving
or fabricating, as the case may be, false evidence, take
cognizance of the offence and may, after giving the offender
a reasonable opportunity of showing cause why he should
not be punished for such offence, try such offender
summarily and sentence him to imprisonment for a term
which may extend to three months, or to fine which may
extend to five hundred rupees, or with both.
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(2) In every such case the Court shall follow, as nearly as
may be practicable, the procedure prescribed for summary
trials.
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(3) Nothing in this section shall affect the power of the Court
to make a complaint under
for the offence, where
it does not choose to proceed under this section.
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(4) Where, after any action is initiated under sub-section (1),
it is made to appear to the Court of Session or Magistrate of
the first class that an appeal or an application for revision has
been preferred or filed against the judgment or order in
which the opinion referred to in that sub-section has been
expressed, it or he shall stay further proceedings of the trial
until the disposal of the appeal or the application for
revision, as the case may be, and thereupon the further
proceedings of the trial shall abide by the results of the
appeal or application for revision.
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345. Procedure
in certain cases of contempt.—(1) When any
such offence as is described in ,
,
,
or of the
Indian Penal
Code (45 of 1860) is committed in the view or presence of
any Civil, Criminal or Revenue Court, the Court may cause
the offender to be detained in custody and may, at any time
before the rising of the Court on the same day, take
cognizance of the offence and, after giving the offender a
reasonable opportunity of showing cause why he should not
be punished under this section, sentence the offender to fine
not exceeding two hundred rupees, and, in default of
payment of fine, to simple imprisonment for a term which
may extend to one month, unless such fine be sooner paid.
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(2) In every such case the Court shall record the facts constituting
the offence, with the statement (if any) made by the
offender, as well as the finding and sentence.
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(3) If the offence is under
of the Indian Penal
Code (45 of 1860), the record shall show the nature and
stage of the judicial proceeding in which the Court
interrupted or insulted was sitting, and the nature of the
interruption or insult.
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346. Procedure
where Court considers that case should not
be dealt with under .—(1)
If the Court in any
case considers that a person accused of any of the offences
referred to in
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 , 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 person before such
Magistrate, or if sufficient security is not given shall forward
such person in custody to such Magistrate.
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(2) The Magistrate to whom any case is forwarded under this
section shall proceed to deal with, as far as may be, as if it
were instituted on a police report.
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347. When
Registrar or Sub-Registrar to be deemed a Civil
Court.—When the State Government so directs, any
Registrar or any Sub-Registrar appointed under the Indian
Registration Act, 1908 (16 of 1908), shall be deemed to be a
Civil Court within the meaning of
and
.
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348. Discharge
of offender on submission of
apology.—When any Court has under
adjudged
an offender to punishment, or has under
forwarded him to a Magistrate for trial, for refusing or
omitting to do anything which he was lawfully required to do
or for any intentional insult or interruption, the Court may, in
its discretion, discharge the offender or remit the punishment
on his submission to the order or requisition of such Court,
or on apology being made to its satisfaction.
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349. Imprisonment
or committal of person refusing to
answer or produce document.—If any witness or person
called to produce a document or thing before a Criminal
Court refuses to answer such questions as are put to him or
to produce any document or thing in his possession or power
which the Court requires him to produce, and does not, after
a reasonable opportunity has been given to him so to do,
offer any reasonable excuse for such refusal, such Court
may, for reasons to be recorded in writing, sentence him to
simple imprisonment, or by warrant under the hand of the
Presiding Magistrate or Judge commit him to the custody of
an officer of the Court for any term not exceeding seven
days, unless in the meantime, such person consents to be
examined and to answer, or to produce the document or thing
and in the event of his persisting in his refusal, he may be
dealt with according to the provisions of
or
.
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350. Summary
procedure for punishment for non-attendance
by a witness in obedience to summons.—(1) If any witness
being summoned to appear before a Criminal Court is legally
bound to appear at a certain place and time in obedience to
the summons and without just excuse neglects or refuses to
attend at that place or time or departs from the place where
he has to attend before the time at which it is lawful for him
to depart, and the Court before which the witness is to appear
is satisfied that it is expedient in the interests of justice that
such a witness should be tried summarily, the Court may
take cognizance of the offence and after giving the offender
an opportunity of showing cause why he should not be
punished under this section, sentence him to fine not
exceeding one hundred rupees.
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(2) In every such case the Court shall follow, as nearly as
may be practicable, the procedure prescribed for summary
trials.
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351. Appeals
from convictions under ,
,
and
.—(1)
Any person sentenced by any Court other than
a High Court under ,
, ,
or
may, notwithstanding
anything contained in this
Code appeal to the Court to which decrees or orders made in
such Court are ordinarily appealable.
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(2) The provisions of Chapter XXIX shall, so far as they are
applicable, apply to appeals under this section, and the Appellate Court may alter or reverse
the finding, or reduce or
reverse the sentence appealed against.
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(3) An appeal from such conviction by a Court of Small
Causes shall lie to the Court of Session for the sessions
division within which such Court is situate.
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(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed
to be a Civil Court by virtue of a direction
issued under
shall lie to the Court of Session for
the sessions division within which the office of such
Registrar or Sub-Registrar is situate.
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352. Certain
Judges and Magistrates not to try certain
offences when committed before themselves.—Except as
provided in , ,
and ,
no Judge of a
Criminal Court (other than a Judge of a High Court) or
Magistrate shall try any person for any offence referred to in
, when such
offence is committed before himself
or in contempt of his authority, or is brought under his notice
as such Judge or Magistrate in the course of a judicial
proceeding.
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CONSTITUTION OF INDIA
SEVENTH SCHEDULE
[Article 246]
LIST I - UNION LIST
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2(49)
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43. Incorporation, regulation
and winding up of trading
corporations, including banking, insurance and financial
corporations but not including co-operative societies.
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44. Incorporation, regulation
and winding up of corporations,
whether trading or not, with objects not confined to one
State, but not including universities.
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COST AND WORKS ACCOUNTANTS ACT, 1959
[23 of 1959]
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233B
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2. Definitions
and interpretation.—(1) In this Act, unless the
context otherwise requires,—
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**
** **
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(b)"cost
accountant" means a person who is a member of the
Institute;
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**
**
**
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(f)"Institute"
means the Institute of Cost and Works
Accountants of India constituted under this Act;
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**
**
**
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(2) Save as otherwise provided in this Act, a member of the
Institute shall be deemed "to be in practice" when,
individually or in partnership with one or more members of
the Institute in practice, he, in consideration of remuneration
received or to be received,—
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(i)
engages himself in the practice of cost and works
accountancy; or
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(ii)
offers to perform or performs services involving the
costing or pricing of goods or services or the preparation,
verification or certification of cost accounting and related
statements or holds himself out to the public as a cost
accountant in practice; or
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(iii)
renders professional services or assistance in or about
matters of principle or detail relating to cost accounting
procedure or the recording, presentation or certification of
costing facts or data; or
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(iv)
renders such other services as, in the opinion of the
Council, are or may be rendered by a cost accountant in
practice,
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and the words "to be in practice", with their grammatical
variations and cognate expressions, shall be construed
accordingly.
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Explanation : A member of the
Institute who is a whole-time
salaried employee of any person shall not be deemed to be in
practice within the meaning of this sub-section.
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GENERAL CLAUSES ACT, 1897
[10 of 1897]
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658
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6. Effect
of repeal.—Where this Act, or any Central Act or
Regulation made after the commencement of this Act,
repeals any enactment hitherto made or hereafter to be made,
then, unless a different intention appears, the repeal shall
not—
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(a)
revive anything not in force or existing at the time at
which the repeal takes effect; or
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(b)
affect the previous operation of any enactment so repealed or anything duly done or suffered
thereunder; or
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(c)
affect any right, privilege, obligation or liability acquired,
accrued or incurred under any enactment so repealed; or
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(d)
affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against any enactment so
repealed; or
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(e)
affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid;
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and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed as if the repealing
Act or Regulation had not been passed.
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GENERAL INSURANCE (EMERGENCY
PROVISIONS) ACT, 1971
[17 of 1971]
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224A, Expln. (a)
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2. Definitions.
—
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** **
**
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(c)"general
insurance business" means fire, marine or
miscellaneous insurance business, whether carried on singly
or in combination with one or more of them, but does not
include capital redemption business and annuity certain
business :
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INCOME-TAX ACT, 1961
[43 of 1961]
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418(3)
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2. Definitions.
—
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**
**
**
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(38)"recognised
provident fund" means a provident fund
which has been and continues to be recognised by the Chief
Commissioner or Commissioner in accordance with the rules
contained in Part A of the Fourth Schedule, and includes a
provident fund established under a scheme framed under the
Employees’ Provident Funds Act, 1952 (19 of 1952);
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INDIAN PENAL CODE, 1860
[45 of 1860]
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388C(2)
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21. "Public
servant".—The words "public servant" denote
a
person falling under any of the descriptions hereinafter
following, namely :—
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[Clause first omitted]
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Second—Every Commissioned
Officer in the Military, Naval
or Air Forces of India;
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Third—Every Judge including
any person empowered by
law to discharge, whether by himself or as a member of any
body of persons, any adjudicatory functions;
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Fourth—Every officer of
a Court of Justice (including a
liquidator, receiver or Commissioner) whose duty it is, as
such officer, to investigate or report on any matter of law or
fact, or to make, authenticate, or keep any document, or to
take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or
to preserve order in the Court, and every person specially
authorized by a Court of Justice to perform any of such
duties;
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Fifth—Every juryman, assessor,
or member of a panchayat
assisting a Court of Justice or public servant;
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Sixth—Every arbitrator
or other person to whom any cause
or matter has been referred for decision or report by any
Court of Justice, or by any other competent public authority;
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Seventh—Every person who
holds any office by virtue of
which he is empowered to place or keep any person in
confinement;
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Eighth—Every officer of
the Government whose duty it is,
as such officer, to prevent offences, to give information of
offences, to bring offenders to justice, or to protect the public
health, safety or convenience;
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Ninth—Every officer whose
duty it is, as such officer, to
take, receive, keep or expend any property on behalf of the
Government, or to make any survey, assessment or contract
on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on
any matter
affecting the pecuniary interests of the Government, or to
make, authenticate or keep any document relating to the
pecuniary interests of the Government, or to prevent the
infraction of any law for the protection of the pecuniary
interests of the Government;
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Tenth—Every officer whose
duty it is, as such officer, to
take, receive, keep or expend any property, to make any
survey or assessment or to levy any rate or tax for any
secular common purpose of any village, town or district, or
to make, authenticate or keep any document for the
ascertaining of the rights of the people of any village, town
or district;
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Eleventh—Every person
who holds any office by virtue of
which he is empowered to prepare, publish, maintain or
revise an electoral roll or to conduct an election or part of an
election;
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Twelfth—Every person—
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(a)
in the service or pay of the Government or remunerated
by fees or commission for the performance of any public
duty by the Government;
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(b)
in the service or pay of a local authority, a corporation
established by or under a Central, Provincial or State Act or
a Government company as defined in
of the
Companies Act, 1956 (1 of 1956).
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Illustration
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A Municipal Commissioner is a public servant.
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Explanation 1: Persons falling
under any of the above
descriptions are public servants, whether appointed by the
Government or not.
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Explanation 2: Wherever the
words "public servant" occur,
they shall be understood of every person who is in actual
possession of the situation of a public servant, whatever legal
defect there may be in his right to hold that situation.
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Explanation 3: The word "election"
denotes an election for
the purpose of selecting members of any legislative,
municipal or other public authority, of whatever character,
the method of selection to which is by, or under, any law
prescribed as by election.
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**
** **
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625(5)
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68. Imprisonment
to terminate on payment of fine.—The
imprisonment which is imposed in default of payment of a
fine shall terminate whenever that fine is either paid or
levied by process of law.
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69. Termination
of imprisonment on payment of proportional
part of fine.—If, before the expiration of the term of
imprisonment fixed in default of payment, such a proportion
of the fine be paid or levied that the term of imprisonment
suffered in default of payment is not less than proportional to
the part of the fine still unpaid, the imprisonment shall
terminate.
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Illustration
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A is sentenced to a fine of one hundred rupees and to four
months’ imprisonment in default of payment. Here, if
seventy-five rupees of the fine be paid or levied before the
expiration of one month of the imprisonment, A will be
discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time
of the expiration of
the first month, or at any later time while A continues in
imprisonment, A will be immediately discharged. If fifty
rupees of the fine be paid or levied before the expiration of
two months of the imprisonment, A will be discharged as
soon as the two months are completed. If fifty rupees be
paid or levied at the time of the expiration of those two
months, or at any later time while A continues in
imprisonment, A will be immediately discharged.
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**
**
**
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454(7) and 551(4)
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182. False
information, with intent to cause public servant to
use his lawful power to the injury of another
person.—Whoever gives to any public servant any
information which he knows or believes to be false,
intending thereby to cause, or knowing it to be likely that he
will thereby cause, such public servant—
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(a)
to do or omit anything which such public servant ought
not to do or omit if the true state of facts respecting which
such information is given were known by him, or
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(b)
to use the lawful power of such public servant to the
injury or annoyance of any person,
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shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
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Illustrations
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(a)
A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty
of neglect of duty
or misconduct, knowing such information to be false, and
knowing it to be likely that the information will cause the
Magistrate to dismiss Z. A has committed the offence
defined in this section.
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(b)
A falsely informs a public servant that Z has contraband
salt in a secret place, knowing such information to be false,
and knowing that it is likely that the consequence of the
information will be a search of Z’s premises, attended with
annoyance to Z. A has committed the offence defined in this
section.
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(c)
A falsely informs a policeman that he has been assaulted
and robbed in the neighbourhood of a particular village. He
does not mention the name of any person as one of his
assailants, but knows it to be likely that in consequence of
this information the police will make inquiries and institute
searches in the village to the annoyance of the villagers or
some of them. A has committed an offence under this
section.
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** **
**
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10E(4D)
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193. Punishment
for false evidence.—Whoever intentionally
gives false evidence in any stage of a judicial proceeding, or
fabricates false evidence for the purpose of being used in any
stage of a judicial proceeding, shall be punished with
imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine;
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and whoever intentionally gives or fabricates false evidence
in any other case, shall be punished with imprisonment of
either description for a term which may extend to three
years, and shall also be liable to fine.
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Explanation 1 : A trial before
a court-martial is a judicial
proceeding.
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Explanation 2 : An investigation
directed by law preliminary
to a proceeding before a Court of Justice, is a stage of a
judicial proceeding, though that investigation may not take
place before a Court of Justice.
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Illustration
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A, in an enquiry before a Magistrate for the purpose of ascertaining
whether Z ought to be committed for trial, makes on
oath a statement which he knows to be false. As this enquiry
is a stage of a judicial proceeding, A has given false
evidence.
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Explanation 3 : An investigation
directed by a Court of
Justice according to law, and conducted under the authority
of a Court of Justice, is a stage of a judicial proceeding,
though that investigation may not take place before a Court
of Justice.
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Illustration
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A, in an enquiry before an officer deputed by a Court of
Justice to ascertain on the spot the boundaries of land, makes
on oath a statement which he knows to be false. As this
enquiry is a stage of a judicial proceeding, A has given false
evidence.
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**
**
**
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10E(4D)
|
196. Using
evidence known to be false.—Whoever corruptly
uses or attempts to use as true or genuine evidence any
evidence which he knows to be false or fabricated, shall be
punished in the same manner as if he gave or fabricated false
evidence.
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**
**
**
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228. Intentional
insult or interruption to public servant
sitting in judicial proceeding.—Whoever intentionally
offers
any insult, or causes any interruption to any public servant,
while such public servant is sitting in any stage of a judicial
proceeding, shall be punished with simple imprisonment for
a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
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