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Report No. 33

Appendix 2

List of Provisions Apparently Analogous to Section 44, Code of Criminal Procedure, or Section 176, Indian Penal Code

(Acts are arranged alphabetically)

Act

Section

Punishment-Imprisonment or fine, if given in the section

1

2

3

Arms A ct, 1959 (54 of 1959). Section 36 read with section 30. 3 months or Rs. 500 or both.
Atomic Energy Act, 1962 (33 of 1962). Sections 7 and 24(2). 1 year or fine or both.
Central Excises and Salt Act, 1944 (1 of 1944). Section 9(c) read with section 37(2)(x). 6 months or Rs. 2,000 or both.
Central Silk Board Act, 1948 (61 of 1948). Section 14(1) (a) read with section 13(1)(xviii (furnishing false information). 1 year or Rs. 1,000 or both.
Census Act, 1948 (37 1948). Section 11(1)(g) read with section 10. Rs. 1,000
Coroners Act, 1871 (4 1871). Section 17, second paragraph (disobeying a summon issued by a Corner). Any persons disobeying such summons shall be deemed to have committed an offence under sections 174, 175,176, Indian Penal Code as the case may be.
Cotton Ginning and Pressing Factories Act, 1925 (12 of 1925). Section 5 and section 5A. Fine upto Rs. 50.
Cotton Textiles Cess Act, 1948 (7 of 1948). Section 8(a) read with section 9(1) (furnishing false information). 6 months or 2,000 rupees or both.
Dramatic Performances, etc., Act, 1876 (19 of 1876). Section 7 (obligation to furnish information called by State Governments, etc., regarding an intended public dramatic performance). Whoever contravenes the section shall be deemed to have committed an offence under section 176, Indian Penal Code.
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (3 of 1959). Section 7(1) and section 7(2). Elaborate provisions as to fine.
Indian Explosives Act, 1884 (4 of 1884). Section 8(1) and section 8(2). Fine up to Rs. 500. But if the accident is attended by loss of human life, then imprisonment upto 3 months or fine or both.
Indian Forest Act, 1927 (16 of 1927). Section 79(1) and section 79 (2)(a). One month or 200 rupees or both.
Factories Act, 1948 (63 of 1948). Sections 88, 89 and 92 (Reporting of accidents, and diseases contracted by workers). 3 months or Rs. 500 (plus Rs. 75 per day if offence continues after conviction).
Foreigners Act, 1946 (31 of 1946). Sections 6 and 7 read with section 14 (Obligation of masters of vessel or aircraft, etc., passengers and hotel keepers, to give required information regarding foreigners). 5 years, and also fine.
Foreign Exchange Act, 1947 (7 of 1947). Section 19(1) and section 23(1A). Varying penalties.
Land Acquisition Act, 1894 (1 of 1894). Section 9(1) and section 10(1) and 10 (2). Sections 175 and 176, Indian Penal Code applied.
Medical and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955). Section 7 (c) read with section 19(1)(ix). 6 months or Rs, 2,000.
Mines Act, 1952 (35 of 1952). Sections 23, 70, 85A (Giving notice of accidents, etc.). Section 70(1)-3 months or Rs. 500 or both. Section 85A applies the provisions of section 176, Indian Penal Code.
Motor Vehicles Act, 1939 (4 of 1939). Sections 88, 89(b), 113 (2) (Reporting of accidents, etc.). 1 month or Rs. 200 or both.
Multi-unit Co-operative Societies Act, 1942 (6 of 1942). Section 5. Rs. 50.
Petroleum Act, 1934 (30 of 1934). Section 23(f) read with section 27 (Reporting of accidents). Rs. 500.
Plantations Labour Act, 1951 (69 of 1951). Section 33 3 months or Rs. 500 or both..
The Railway Property (Unlawful Possession) Act, 1966 (29 of 1966). Section 4.-This section punishes a person wilfully conniving at an offence according to the provision of this Act. It applies only to the owner of a land, or occupier of land, or his agent. Imprisonment for five years or fine or both
The Railway Property (Unlawful Possession) Act, 1966 (29 of 1966). Section 6.-According to this section an officer of the Railway Protection Force who has arrested a person for an offence against the provisions of the Act, is empowered to conduct an "enquiry". Further, the, officer is empowered to exercise powers under the Code of Criminal Procedure, like any officer-in-charge of a Police Station. (There are further provisions as to producing the accused before a Magistrate, etc.).  
The Railway Property (Unlawful Possession) Act, 1966 (29 of 1966). Section 9.-According to this section, an officer of the Railway Protection Force is empowered to summon persons to give "evidence", and to produce documents for the purposes of enquiry.  
  Such power indudes the authority to summon specified documents or things relating to the matters in enquiry.  
  This power is subject to the exemption under sections 132 and 133 of the Code of Civil Procedure (1908), regarding attendance.  
  Every such enquiry is deemed to be a "judicial proceeding" within sections 193 and 228 of the Indian Penal Code.  
The Railway Property (Unlawful Possession) Act, 1966 (29 of 1966). Section 12.-This section requires all officers of the Government and village officers to assist the superior officers and members of the Railway Protection Force in the enforcement of the Act. No punishment in the Act.
(Indian) Railways Act, 1890 (9 of 1890). Sections 83-84 read with section 96 (Reporting of accidents, etc.). The Railway Company shall forfeit to the Central Government Rs, 100 for every day, during which omission continues,
Indian) Registration Act, 1908 (16 of 1908). Section 82 and 84(2).-(Every person legally bound to furnish information required by registering Officer).  
Treasure Trove Act, 1878 (6 of 1878). Section 20. 1 year or fine or both.
Wald Act, 1954 (29 of 1954). Section 41. Fine up to Rs, 1,000.
Sarais Act, 1867 (22 of 1867). Sections 7 and 8 (Duties of Keepers of Sarais) read with section 14. Rs. 20, and further penalty of Re. 1. per day during which omission continues.
(Indian) Succession Act, 1925 (39 of 1925). Section 317(3) (Failure by executor or administrator to file inventory when required by Court). Section 176, Indian Penal Code applied.
(Indian) Works of Defence Act, 1903 (7 of 1903). Section 11 read with sections 9(2) and 10 (obligation to make a statement in response to a notice proposing restrictions to be imposed on the use of the land). Sections 175, 176, Indian Penal Code applied.


Section 44, Code of Criminal Procedure, 1898 Back




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