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CRIMINAL LAWS (TAMIL NADU AMENDMENT) ACT, 1993
Part IV-Section 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 18th June 1993 and is hereby published for general information:—
CRIMINAL LAWS (TAMIL NADU AMENDMENT) ACT, 1993
ACT No.28 OF 1993
An Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1973 in its application to the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fourth Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act may be called the Criminal Laws (Tamil Nadu Amendment) Act, 1993.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
PART II
AMENDMENTS TO THE INDIAN PENAL CODE
Amendment of section 380
2. Section 380 of the Indian Penal Code (hereafter in this Part referred to as the principal Act), shall be renumbered as sub-section (1) of that of section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—
“(2) Whoever commits theft’ in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.”.
Amendment of section 411
3. Section 411 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—
“(2) Whoever dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than two years but which may extend to three years with fine which shall not be less than two thousand rupees.
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.”.
Amendment of section 454
4. Section 454 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—
“(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”.
Amendment of section 457
5. Section 457 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered the following sub-section shall be added, namely:—
“(2) Whoever commits lurking house-trespass by night or house-breaking by night in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.”.
