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ACT No. XVII OF 1862.

PASSED BY THE LEGISLATIVE COUNCIL OF INDIA. (Received the assent of the Governor-General on the 1st May, 1862. Repealed by Act X of 1872.)

Preamble.

An Act to repeal certain Regulations and Acts relating to Criminal Law and Procedure. WHEREAS by Act XLV of 1860 a Penal Code has been prescribed for British India, and the said Code came into operation on the 1st day of January, 1862; and whereas by Act XXV of 1861, a Code of Procedure is provided for the Courts of Criminal Judicature not established by Royal Charter, and the said Code likewise came into operation on the 1st day of January, 1862, in the Presidencies of Bengal, Madras, and Bombay, and was at the same time, or has since been or hereafter may be extended to other parts of British India; and whereas it is expedient to repeal, in the manner hereinafter provided, certain Regulations and Acts relating to Criminal Law and Procedure, it is enacted as follows:

Repeal of Regulation and Acts providing for the punishment offences.

I. The several Regulations and Acts set forth in the Schedule hereunto annexed, so far as they provide for the punishment of offences, shall be held to have been and are hereby repealed from the 1st day of January, 1862, in the Presidencies of Bengal, Madras,

Exception.

of

Bombay, and in the other parts of British India in which such Regulations and Acts or any of them were in force on the said 1st day of January, 1862, except in so far as they repeal the whole or any part of any other Regulation or Act, and except as to any offence committed before the said 1st day of January, 1862.

Repeal of Regulations and Acts not repealed by last Section,

Code of Criminal Procedure came into operation on 1st January, 1862.

II. To the extent expressed in the Schedule annexed to this Act, the Regulations and Acts set forth therein, which are not repealed by the last preceding in places where Section, shall, except in so far as they repeal the whole or any part of any other Regulation or Act, and except as to any offence committed before the said 1st day of January, 1862, be held to have been and are hereby repealed from the said date in the Presidencies of Bengal, Madras, and Bombay, and in the other parts of British India in which such Regulations and Acts or any of them were in force on the said 1st day of January, 1862, and in which the said Code of Criminal Procedure came into operation on such date.

Repeal of the same Regulations

and Acts in places where the Code of Criminal Procedure did not come into operation 1st January,

III. To the extent expressed in the Schedule annexed to the Act, the Regulations and Acts set forth therein, which are not repealed by Section 1 of this Act, and which were in force on the said 1st day of January, 1862, in any part of British India in which the said Code of Criminal Procedure did not come into operation on the said 1st day of January 1862, shall, except in so far as they repeal the whole or any part of any other Regulation or Act, and except as to any offence committed before the date on which the said Code shall have been or shall hereafter

on

1862.

be extended to such part of British India, be held to have been or shall be repealed in such part of British India from the date on which the said Code shall have been or shall be so extended thereto.

Procedure and

IV. In the investigation and trial of offences committed before the said 1st day of January, 1862, the Criminal Courts of the several grades and the Officers of Police shall, after the passing of this

powers in the investigation and trial of offences committed before 1st January, 1862.

Act, be guided by the provisions of the Code of Criminal Procedure, so far as the same can be applied, where the said Code shall be in operation at the time of such investigation or trial, and for the trial and punishment of such offences such Courts shall exercise the jurisdiction and powers vested in them under the said Code of Criminal Procedure, provided that no person convicted of any such offence shall be liable to any other punishment than that to which he would have been liable had he been convicted of such offence before the said 1st day of January, 1862, and that no such person who shall claim the same, shall be deprived of any right of appeal or reference to a Sudder Court which he would have enjoyed had the trial been held under any of the Regulations or Acts hereby repealed.

Procedure in the investigation and trial, in places to which the Code to

V. In any part of British India to which the Code of Criminal Procedure shall be extended after the passing of this Act, the said Code shall, subject to the provisions of the last preceding Section, be followed in the investigation and trial of any offences committed before the date of such extension.

Criminal procedure is extended after passing of this

Act, of offences committed before date of extension.

Saving of certain sentences passed for offence committed before

Code of Criminal Procedure came into operation, by reason only of the

procedure of that Code having been

followed.

VI. No sentence passed before the passing of this Act for any offence which shall have been committed before the 1st day of January, 1862, (or whenever the said Code of Criminal Procedure shall not have been extended to any place in British India on the said 1st day of January, 1862, then before the date on which the said Code shall have been extended to such place,) shall be liable to be quashed or set aside by reason only of the Procedure in the investigation or trial of any such offence having been wholly or in part the procedure provided by the said Code of Criminal Procedure. Provided that, if in any such case it shall appear that the accused party has been deprived of any right of appeal or reference to a Sudder Court which he would have enjoyed had the trial been held under any of the Regulations or Acts hereby repealed, the Sudder Court or the highest Court of Criminal Jurisdiction may call for the proceedings in the case and pass such order thereon as it may deem just and proper.

Proviso.

VII. Nothing in this Act shall affect any sentence or order passed, or any proceeding held, or any act done, previously to the passing of this Act and in accordance with any Act or Regulation repealed by this Act.

Saving of certain &c, before passing

sentences passed,

of this Act.

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