Power to Governor General of India in Council to appoint a Barrister to hold sittings under Commission

before referred to.

44. From and after the commencement of this Act it shall be lawful for the Governor General of India in Council by his Commission to authorize and direct any Barrister-at-law of not less than five years' standing, although not a at places not herein Judge of any High Court, to hold sittings at any place in British India, other than the usual place of sitting of such Court, and other than any place referred to in the twenty-second, twenty-third, and twenty-fourth Sections of this Act, or at several such places by way of circuit. The Barrister acting under such Commission, in the places and manner therein directed, shall have and exercise the same jurisdiction, power, and authority as (subject to the provisions hereinbefore contained) would be had and exercised by a Judge of the High Court acting under any such Commission as aforesaid.

45. This Act shall commence and come into operation on such date as the Governor General of India in Council shall appoint by Notification in the Gazette of India.

Commencement

of Act.

Act not to extend

46. This Act shall not extend to the Settlement of Prince of Wales' Island, Singapore, and Malacca.

to Straits' Settlement.

ACT No. XXXI OF 1867.

PASSED BY THE GOVERNOR GENERAL OF INDIA
IN COUNCIL.

(Received the assent of the Governor General
on the 26th June, 1867.)

(An Act to render penal certain offences committed by servants of Railway Companies.)

Preamble.

WHEREAS it is expedient to extend certain provisions of the Indian Penal Code relating to public servants to persons in the employment of Railway Companies; It is hereby enacted as follows:

Clause.

1. In this act "Railway Company means the proprietors for the time being of Interpretation every railway or tramway situate in the territories vested in Her Majesty or Her Successors under the Statute 21 & 22 Vic., cap. 106 (An Act for the better Government of India), or (so far only as regards British subjects within the dominions hereinafter mentioned) situate in the dominions of Princes and States in the East Indies in alliance with Her Majesty or Her Successors, and the lessees, representatives, and assigns of such proprietors.

2. Every officer and servant of a Railway ComRailway officer pany shall be deemed a "public servant" within the meaning of Sections 161, 162, 163, 164, and 165 of the Indian Penal Code.

and servants to be public servants' within meaning

of Penal Code.

"Government

3. In the definition of legal remuneration contained in the said Section 161, the to include a Rail- word "Government" shall, for the way Company. purposes of this Act, be deemed to

include a Railway Company.

Short title.

4. This Act shall be called "The Railway Servants' Act, 1867."

The following Act of the Governor-General of India in Council received the assent fo His Excellency the Governor General on the 25th November, 1870, and is hereby promulgated for general information :

ACT NO. XXVII OF 1870.

An Act to amend the Indian Penal Code.

For the purpose of amending the Indian Penal Code, it is hereby enacted follows:

Preamble.

as

1. For Section thirty-four of the said Code the following Section shall be substituted :

"34.

When a Criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done

Liability for act done by several persons in furtherance of common intention.

alone."

by him

2. For Section forty of the said Code the following Section shall be substituted :—

"40. Except in the Chapter and Sections mentioned in clauses two and three of this Section, the word "offence" denotes a thing made punishable by this Code.

"Offence."

"In Chapter IV and in the following Sections, namely, Sections 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389, and 445, the word 'offence' denotes a thing punishable under this Code, or under any special or local law as hereinafter defined :

"And in Sections 141, 176, 177, 201, 202, 212, 216, and 441, the word 'offence' has the same meaning when the thing punishable under the

special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine."

3. Section fifty-six of the said Code shall be read as if the following proviso were added thereto :— "Provided that, where an European or American offender would, but for such Act, be liable to be sentenced or ordered to be transported for a term exceeding ten years, but not for life, he shall be liable to be sentenced or ordered to be kept in penal servitude for such term exceeding six years as to the Court seems fit, but not for life."

Proviso as to sentence for term exceeding ten years, but not for life.

4. After Section one hundred and twenty-one of the said Code the following Section shall be inserted :

Conspiracy to commit offences

"121A. Whoever within or without British India conspires to commit any of the offences punishable by Section one punishable by hundred and twenty-one, or to deSection 121. prive the Queen of the sovereignty of British India or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Government of India or any Local Government, shall be punished with transportation for life or any shorter term, or with imprisonment of either description which may extend to ten years.

"Explanation.-To constitute a conspiracy under this Section it is not necessary that any act or illegal omission shall take place in pursuance thereof."

5. After Section one hundred and twenty-four of the said Code, the following Section shall be inserted :

Exciting disaffection.

"124A. Whoever by words, either spoken or intended to be read, or by signs, or by visible representation, or otherwise, excites or attempts to excite feelings of disaffection to the Government established by law in British India, shall be punished with transportation for life or for any term, to which fine may be added, or with imprisonment for a term which may extend to three years, to which fine may be added, or with fine."

"Explanation.-Such a disapprobation of the measures of the Government as is compatible with a disposition to render obedience to the lawful authority of the Government, and to support the lawful authority of the Government against unlawful attempts to subvert or resist that authority, is not disaffection. Therefore, the making of comments on the measures of Government, with the intention of exciting only this species of disapprobation, is not an offence within this clause.'

6. Section one hundred and thirty-one of the said Code shall be read as if the following explanation were added thereto :

Addition to Section 131.

words

Explanation. In this Section the "officer" and "soldier" include any person subject to the Articles of War for the better Government of Her Majesty's Army, or to the Articles of War contained in Act No. V of 1869."

Amendment of Sections 194 and

7. Sections one hundred and ninety-four and one hundred and ninety-five of the said Code shall be read as if, after the words 'by this Code,' the words 'or the law of England' were inserted.

195.