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Start Free TrialCriminal Law Amendment Act, 1938 Section 2
Title: Dissuasion from Enlistment and Instigation to Mutiny or Insubordination After Enlistment
State: Central
Year: 1938
.....public or any person to do, after entering any such Force, anything which is an offence punishable as mutiny or insubordination under section 27 of the Indian Army Act, 1911, or sections 10,12 and 14 to 17inclusive of the Indian Navy (Discipline) Act, 1934 or sections 35 to 37 inclusive of the Indian Air Force Act,1932, as the case may be, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. No person shall be prosecuted for any offence under this Act except with the previous sanction of the State Government. Exception 1. - The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment. Exception II. - The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependants.
View Complete Act List Judgments citing this sectionCriminal Law Amendment Act, 1938 Complete Act
State: Central
Year: 1938
.....mutiny or insubordination under section 27 of the Indian Army Act, 1911, or sections 10,12and14to17inclusive of6[* * *]the Indian Navy (Discipline) Act, 1934orsections 35to37inclusive of the Indian Air Force Act, 1932, as the case may be, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. No person shall be prosecuted for any offence under this Act except with the previous sanction of the 7[State Government]8. Exception 1.- The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment. Exception II.- The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependants. 2. Words "except Part B States"were omitted by the Part B States Laws Act, 1951 (3 of 1951), S. 3 and Sch. (1-4-1951). 3. Substituted for 'Province' by A.L.O., 1950. 4. The Act came into force- (i) in.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 33
Title: Provisions as to Bail and Bonds
State: Central
Year: 1973
.....Penal Code (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act VI of 1908), is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or infirm person; (iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." .....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation. "In this section and in sections 53-A and 54," (a) "examination" shall include the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possess.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 438
Title: Direction for Grant of Bail to Person Apprehending Arrest
State: Central
Year: 1973
.....that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). STATE AMENDMENTS 1 Maharashtra: For section 438, the following section shall be substituted, namely:- "438 Direction far grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and High Court.....
View Complete Act List Judgments citing this sectionKarnataka Co-operative Societies Act, 1959 Section 39E
Title: Officers Etc. at Election Not to Act for Candidates or to Influence Voting
State: Karnataka
Year: 1959
(1) No person who is a returning officer, or an assistant returning officer or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shallendeavour,-- (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to dissuade any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both. (4) An offence punishable under sub-section (3) shall be cognizable.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Chapter III
Title: Electoral Offences
State: Central
Year: 1951
.....or broadcast or display on any electronic media.] _______________________________ 1. Inserted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010. Section 126B - Offences by companies 1[(1) Where an offence under sub-section (2) of section 126A has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance.....
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 129
Title: Officers, Etc., at Elections Not to Act for Candidates or to Influence Voting
State: Central
Year: 1951
(1) No person who is1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavour-- (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vole at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both. 2[(4) An offence punishable under sub-section (3) shall be cognizable.] ______________________ 1. Substituted by Act 47 of 1966, Section 55, for " a returning officer" w.e.f. 14-12-1966. 2. Inserted by Act 47 of 1966,s ec. 55 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 5
Title: Arrest of Persons
State: Central
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 1 Explanation.- In this section and in sections 53A and 54,-- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 41
Title: When Police May Arrest Without Warrant
State: Central
Year: 1973
.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or.....
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