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Report No. 35

Appendix XXVIII

Amendments Relevant to Capital Punishment, after the Passing of the Indian Penal Code, 1860

Amendments to Indian Penal Code after it was passed may be noted:-

Sections 302, 303, 121, 132, 194, 194, 305, 307, Indian Penal Code. "Imprisonment for life" has been substituted for "transportation for life", (Act 26 of 1955, section 117 and Schedule), with effect from.-1-1956.
Section 121 Sentence of forfeiture was replaced by fine, by Act 16 of 1921, section 2.

In gang-robbery attended with murder.-The position according to the Hedaya1 was this-if any one of a gang of robbers commits murder, the prescribed punishment is inflicted upon the whole; because the punishment in this instance is considered as a penalty for the assault of the whole, which is established by each of them being aiding and abetting to the other.2

Section 304A Indian Penal Code (Inserted).-Causing death by negligence-"whoever caused the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

(Inserted by Act 27 of 1870 section 12).
Section 307, 2nd para., Indian Penal Code "Imprisonment for life" has been substituted for "transportation for life."
[Act 26 of 1955, section 117 and Schedule (w.e.f..-1-1956)]
Section 367(5), Criminal Procedure Code Reasons for lesser sentence need not be given (1955 amendment).
Verbal amendments, in Indian Penal Code and Criminal Procedure Code. Verbal charges made by Adaptation of laws orders made from time to time, and by Act 36 of 1957.
Sections 60-61, Criminal Procedure Code, (Forfeiture) Omitted by Act 16 of 1921.

1. See Beaufort Digest of Criminal Law, (1846), p. 37, para. 129.

2. Hed. Trans., Vol. 2, p. 133.



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