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BENGAL CRIMINAL LAW AMENDMENT ACT, 1925
THE BENGAL CRIMINAL LAW AMENDMENT ACT, 1925
[21st March, 1925.]
No number was given to this Act. It was made by the Governor of Bengal under section 72E of the Government of India Act.
An Act to supplement the ordinary criminal law in Bengal.
Whereas it is expedient to supplement the ordinary criminal law in Bengal;
And Whereas the previous sanction of the Governor General has been obtained under sub-section (3) of section 80A of the Government of India Act to the passing of this Act;
It is hereby enacted as follows :-
1. Short title, commencement and extent. –
(1) This Act may be called the Bengal Criminal Law Amendment Act, 1925.
(2) It shall come into force on such date as the [appropriate Government] may, by notification in the [Official Gazette], direct;
(3) It extends to the whole of [West Bengal];[*]
[* * * * * * *]
2. Definition. –
(1) In this Act, unless there is anything repugnant in the subject or context, "the Code" means the Code of Criminal Procedure, 1898.
[(2) In this Act "the appropriate Government" means the Central Government in relation to any of the matters enumerated in List I in the Seventh Schedule to][the Constitution] and the [State] Government in relation to other matters.
3. Power of appropriate Government to direct trial by Commissioners in certain cases. –
(1) The [appropriate Government] may, by order in writing, direct that any person accused of any offence specified in the First Schedule shall be tried by Commissioners appointed under this Act.
(2) No order under sub-section (1) shall be made in respect of, or be deemed to include, any person who has been committed under the Code for trial before a High Court, but save as aforesaid an order under that sub-section may be made in respect of, or may include, any person accused of any offence specified in the First Schedule whether such offence was committed before or after the commencement of this Act.
4. Appointment and qualification of Commissioners. –
(1) Commissioners for the trial of persons under this Act shall be appointed by the [appropriate Government].
(2) Such Commissioners may be appointed for the whole of [West Bengal] or for any part thereof, or for the trial of any particular accused person or persons.
(3) All trials under this Act shall be held by three Commissioners, of whom at least two shall be persons who at the time of appointment under this section are serving as, and have for at least three years served as or exercised the powers of, Sessions Judges or Additional Sessions Judges, or are persons qualified under [clause (2) of article 217 of the Constitution], for appointment as Judges of a High Court.
[(4) At any time before the commencement of the trial of any person under this Act, the][appropriate Government] may, by an order in writing stating the reasons therefor, withdraw the case of such person from the Commissioners appointed for the trial and transfer it for trial to three other Commissioners appointed in this behalf.
5. Procedure of Commissioners. –
(1) Commissioners appointed under this Act may take cognisance of offences without the accused being committed to them for trial, and in trying accused persons, shall [subject to the provisions of section 9A] record evidence in the manner prescribed in section 356 of the Code and shall, in other respects also, subject to this Act and to any rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates.
(2) In the event of any difference of opinion among the Commissioners, the opinion of the majority shall prevail.
6. Powers of Commissioners. –
(1) The Commissioners may pass upon any person convicted by them any sentence authorised by law for the punishment of the offence of which such person is convicted :
[Provided that where the Commissioners convict any person of any offence punishable under the first paragraph of section 307 of the Indian Penal Code, committed after the commencement of the Bengal Criminal Law Second Amendment Act, 1932, they may pass on such person a sentence of death or of transportation for life.]
(2) If in any trial under this Act it is found that the accused person has committed any offence, whether such offence is or is not an offence specified in the First Schedule, the Commissioners may convict such person of such offence and pass any sentence authorised by law for the punishment thereof.
7. Application of Code of Criminal Procedure to proceedings of Commissioners. –
The provisions of the Code, so far only as they are not inconsistent with the provisions of, or the special procedure prescribed by or under, this Act shall apply to the proceedings of Commissioners appointed under this Act, and such Commissioners shall have all the powers conferred by the Code on a Court of Sessions exercising original jurisdiction.
[7A. Procedure for trial of co-accused who surrenders or is arrested after commencement of trial or conclusion of previous trial. –
Notwithstanding anything contained in this Act or in any other Act-]
(1) (a) if after the commencement of a trial by Commissioners under this Act any person surrenders or is arrested who, in the opinion of the [appropriate Government] might, if he had surrendered or been arrested before the commencement of the trial, have been tried jointly with the persons under trial the [appropriate Government] may direct that he shall be placed on his trial jointly with such other persons at the said trial:
Provided that the name of such person was included with the names of the persons under trial in the order under sub-section (1) of section 3 directing their trial or in the report under clause (a) of sub-section (1) of section 173 of the Code;
(b) when any person in respect of whom a direction has been made under sub-clause (a) is produced before the Commissioners, any evidence already recorded in the trial may be admitted as evidence against him or in his favour;
(2) in a trial by Commissioners under this Act of any person who has surrendered or been arrested after the conclusion of a previous trial under this Act at which, in the opinion of the Commissioners, he might, if he had surrendered or been arrested before the commencement of such previous trial, have been tried jointly with the persons then tried any evidence recorded in such previous trial may be admitted as evidence against him or in his favour:
Provided that the name of such person was included with the names of the persons previously tried in the order under sub-section (1) of section 3 directing their trial or in the report under clause (a) of sub-section (1) of section 173 of the Code;
(3) where any evidence recorded in the absence of the accused person is admitted under sub-clause (b) of clause (1) or clause (2) the Commissioners may on their own motion recall any witness who has given such evidence in order that he may be further examined or cross-examined and shall, at the instance of the accused person or his pleader, recall any such witness for such purpose, unless, in the opinion of the Commissioners, for reasons to be recorded in writing, it is not necessary in the interest of justice that the witness should be recalled;
(4) the provisions of this section shall apply -
(i) to the trial of persons who surrendered or were arrested before the date of the commencement of the Bengal Criminal Law Amendment Act, 1934, in respect of any offence for which they have not at such date been placed on trial, as well as to the trial of persons who surrender or are arrested after that date;
(ii) to the admission of any evidence recorded, whether such evidence was recorded before or after the said date in a trial under this Act.
8. Tender of pardon. –
(1) Commissioners trying an offence under this Act may, with a view to obtaining the evidence of any person supposed to have been directly concerned in, or privy to, the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof.
(2) Where, in the case of any offence for the trial of which by Commissioners an order has been made under sub-section (1) of section 3, a pardon has, before the passing of such order, been tendered to and accepted by any person under section 337 of the Code, the provisions of sub-sections (2) and (3) of that section of the Code shall apply as if the accused person had been committed for trial to the Commissioners.
(3) For the purposes of sections 339 and 339A of the Code pardons tendered under sub-section (1) and sub-section (2) shall be deemed respectively to have been tendered under sections 338 and 337 of the Code.
[8A. Power to exclude persons or public from place of trial. –
(1) In any trial by Commissioners appointed under this Act, the Commissioners may, if they think fit, order at any stage of the trial that the public generally or any particular person shall not have access to, or be or remain in, the room or building used for the trial.]
(2) Where in the course of any such trial, the Advocate-General certifies in writing to the Commissioners that it is expedient in the interests of the public peace or safety, or of the peace or safety of any of the witnesses in the trial that public generally should not have access to, or be or remain in, the room or building used for the trial, the Commissioners shall order accordingly.
[8B. Power to deal with refractory accused. –
(1) Where any accused, in a trial by Commissioners appointed under this Act, has by his voluntary act rendered himself incapable of appearing before the Commissioners or resists his production before them or behaves before them in a persistently disorderly manner, the Commissioners may, at any stage of the trial, by order in writing made after such inquiry as they may think fit, dispense with the attendance of such accused for such period as they may think fit, and proceed with the trial in his absence.]
(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty.
(3) An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or of being present in person if he has become capable of appearing or appears before the Commissioners and undertakes to behave in an orderly manner.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no finding, sentence or order passed in a trial by Commissioners appointed under this Act shall be held to be illegal by any Court by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attendance has been dispensed with under sub-section (1).
9. Special rule of evidence. –
Notwithstanding anything contained in the Indian Evidence Act, 1872, when the statement of any person has been recorded by any Magistrate, such statement may be admitted in evidence in any trial before Commissioners appointed under this Act if such person is dead or cannot be found or is incapable of giving evidence, and the Commissioners are of opinion that such death, disappearance, or incapacity has been caused in the interests of the accused.
[9A. Special provisions for recording evidence. –
(1) In any trial by Commissioners appointed under this Act, a Commissioner may dictate the evidence of any witness in narrative form to a stenographer or typist, who shall take down the same :]
Provided that the Commissioners may cause any particular question or answer to be so taken down.
(2) The evidence taken down under sub-section (1), or a transcript or copy thereof, shall be signed by the Commissioners after they have corrected any clerical errors therein, and on such signature shall form part of the record.
(3) Notwithstanding anything contained in section 356 of the Code, where evidence is recorded in the manner provided in sub-sections (1) and (2) it shall not be necessary for the Commissioners to record any memorandum of such evidence.
10. Rule making powers of appropriate Government. –
The [appropriate Government] may, by notification in the [Official Gazette], make rules consistent with this Act to provide for all or any of the following matters, namely :-
(i) the times and places at which Commissioners appointed under this Act may sit;
(ii) the procedure of such Commissioners, including the appointment and powers of their President, and Hie procedure to be adopted in the event of any Commissioner being prevented from attending throughout the trial of any accused person;
(iii) the conduct of and the procedure at trials, the manner in which prosecutions before such Commissioners shall be conducted and the appointment and powers of persons conducting such prosecutions;
(iv) the execution of sentences passed by such Commissioners;
(v) the temporary custody or release on bail of persons referred to or included in any order made under sub-section (1) of section 3, and the transmission of records to the Commissioners; and
(vi) any matter which appears to the [appropriate Government] to be necessary for carrying into effect the provisions of this Act relating or ancillary to trials before Commissioners.
11 to 22. - Repealed by Bengal Act 3 of 1930.
23. Publication of rules. –
All rules made under this Act shall be published in the [Official Gazette], and on such publication shall have effect as if enacted in this Act.
24, 25. - Repealed by Bengal Act 3 of 1930.
The First Schedule.
(See sections 3 and 6.)
[( 1) Any of the following offences, if in the opinion of the][appropriate Government] there are reasonable grounds for believing that such offence has been committed by a member or a person controlled or instigated by a member, of any association of which the objects or methods include the commission of any of such offences, namely :-
(a) any offence punishable under any of the following sections of the Indian Penal Code, namely, sections [121,121A, 122,123,148,216], 302, 304, 326, 327, 329, 332, 333, 385, 386, 387, 392, 394, 395, 396, 397, 398, 399, 400, 401, 402, 431, 435, 436, 437, 438, 440, 454, 455, 457, 458, 459, 460, and 506;
(b) any offence under the Explosive Substances Act, 1908;
(c) any offence under the Indian Arms Act, 1878;
(d) any attempt or conspiracy to commit, or any abetment of any of the above offences.
[(2) Any offence under the Indian Arms Act, 1878, or any attempt or conspiracy to commit, or any abetment of, such offence, if, in the opinion of the][appropriate Government], there are reasonable grounds for believing that such offence, or such attempt, conspiracy or abetment, has been committed for the purpose of making, or assisting any person to make, unlawful gain by trafficking in arms or ammunition without a license under the said Act.
The Second Schedule. - Repealed by Bengal Act 3 of 1930.
