The Criminal Law Amendment Act, 1946

An Ordinance to make special provision in regard to certain offences.

Whereas an emergency has arisen which renders it necessary to make
special provision in regard to certain offences;
Now, therefore, in exercise of the powers conferred by Section 72 of
the Government of ndia !ct, as set o"t in the Ninth Sched"le to the
Government of ndia !ct, #$%&, the Governor General is pleased to
make and prom"lgate the following ordinance'
1. Short title, extent and commencement. ? (#) *his +rdinance
may be called the ,riminal -aw !mendment +rdinance, #$./'
(2) t extends to the whole of ndia except the State of 0amm" and
1ashmir, and applies also to citi2ens of ndia o"tside ndia'
(%) t shall come into force at once'
2. Special rules of evidence. ? (#) n any trial of or in3"iry by a
co"rt into an offence specified in the Sched"le, the fact that an
acc"sed person is in possession, for which he cannot satisfactorily
acco"nt, of pec"niary reso"rces or property disproportionate to his
known so"rces of income, or that he has at or abo"t the time of the
alleged offence, obtained an accretion to his pec"niary reso"rces or
property for which he cannot satisfactorily acco"nt, may be proved and
may be taken into consideration by the ,o"rt as if it were a relevant
fact within the meaning of the ndian 4vidence !ct, #572'
(2) Where in any trial of or in3"iry by a ,o"rt into an offence
p"nishable "nder Section #/# or #/& of the ndian 6enal ,ode it is
proved that an acc"sed person has accepted or obtain, or has agreed
to accept or attempted to obtain, for himself or for any other person
any gratification (other than legal rem"neration) or any val"able thing
from a person or the agent of a person seeking to obtain facilities for
transport or holding or seeking to obtain a contract from 7is 8a9esty:s
Government in the ;nited 1ingdom or in any part of 7is 8a9esty:s
dominions, or the ,entral or a State Government or a department of
any s"ch Government or a local a"thority or from any person acting on
behalf on any s"ch Government or a local a"thority or from any person
acting on behalf of any s"ch Government or department or a"thority it
shall be pres"med "nless the contrary is proved that he accepted or
obtained, or agreed to accept or attempted to obtain, that gratification
or that val"able thing, as the case may be, as a motive or reward s"ch
as is mentioned in the said Section #/# or, as the case may be,
witho"t consideration or for consideration which he knows to be
inade3"ate'
Explanation. < =or the p"rposes of this s"b>section <transport<
incl"des the carriage whether of persons or property of any description
by rail, road, air, sea or inland waters'
3. Special provisions regarding punishment. ? (#)
Notwithstanding anything to the contrary contained in the ndian 6enal
,ode or the ,ode of ,riminal 6roced"re, #5$5
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[1], relating to sentences
and the powers of ,o"rts to impose sentences, where any person is
fo"nd g"ilty of an offence specified in the Sched"le the ,o"rt
convicting him, whether or not it imposes a sentence of imprisonment,
shall impose, in addition to s"ch sentence of fine, if any, as it wo"ld
otherwise have imposed, a f"rther sentence of fine which shall be
e3"ivalent to the amo"nt of money or val"e of other property fo"nd by
the ,o"rt to have been proc"red by the convicted person by means of
the offence'
(2) 4xcept where the offence of which the person is fo"nd g"ilty is an
offence specified in item # or item & of the Sched"le, when it appears
that the offence has ca"sed loss to more than one Government
referred to in the Sched"le or local a"thority, the ,o"rt shall in its
order of conviction record a finding indicating the amo"nt of loss
s"stained by each s"ch Government or local a"thority'
(%) When a person is fo"nd g"ilty at the same trial or in the same
proceedings of one or more offences specified in item # or item & of
the Sched"le and of one or more offences specified in any of the other
items of the Sched"le, the ,o"rt shall in its order of conviction record
a finding indicating separately the amo"nts proc"red by means of the
two classes of offences'
(.) Where an additional fine is imposed "nder s"b>section (#) for an
offence, it shall, after ded"ction of the costs of recovery as determined
by the ,o"rt, be credited to the Government (being a Government
referred to in the Sched"le) or local a"thority to which the offence has
ca"sed loss, or where there is more than one s"ch Governments or
local a"thority, be distrib"ted among them in proportion to the loss
s"stained by each?
6rovided that the provisions of this s"b>section shall not apply in
respect of any additional fine imposed for an offence specified in item
# or item & of the Sched"le, or in a case of the nat"re referred to in
s"b>section (%), in respect of s"ch portion of the additional fine as is
e3"ivalent to the amo"nt fo"nd "nder that s"b>section to have been
proc"red by means of offences specified in those items'
(&) Nothing in this section shall apply to any case to which the
provisions of Section #2 of the ,riminal -aw !mendment +rdinance,
#$.. apply'
*74 S,74@;-4<
ASee Sections 2(#) !nd %B
#' !n offence p"nishable "nder Section #/# or Section #/& of the
ndian 6enal ,ode or any conspiracy to commit or any attempt to
commit or any abetment of s"ch offence'
2' !n offence p"nishable "nder Section #C/ or Section #C5 or Section
.C$ of the ndian 6enal ,ode, where the property in respect of which
the offence is committed is property entr"sted by 7is 8a9esty:s
Government in the ;nited 1ingdom or in any part of 7is 8a9esty:s
dominions or the ,entral or a State Government or a department of
any s"ch Government or a local a"thority or a person acting on behalf
of any s"ch Government or department or a"thority'
%' !n offence p"nishable "nder Section .## or Section .#. of the
ndian 6enal ,ode where the stolen property in respect of which the
offence is committed is property s"ch as is described in the preceding
item and in respect of which an offence p"nishable "nder any of the
sections mentioned in that item has been committed'
.' !n offence p"nishable "nder Section .#7 or Section .2C of the
ndian 6enal ,ode, where the person deceived is 7is 8a9esty:s
Government in the ;nited 1ingdom or in any part of 7is 8a9esty:s
dominion or the ,entral or a State Government or a department of any
s"ch Government or a local a"thority or a person acting on behalf of
any s"ch Government or department or a"thority'
&' !n offence p"nishable "nder the 7oarding and 6rofiteering
6revention +rdinance, #$.% or "nder any r"le made or deemed to
have been made "nder the @efence on ndia !ct, #$%$ or any
conspiracy to commit or any attempt to commit or any abetment of
s"ch offence'
/' !ny conspiracy to commit or any attempt to commit or any
abetment of any of the offences specified in item 2, % and .'
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