Repealed or not in force · As amended up to 2026-08
2. After section 4 of the Whipping Act, `1864,` as of `1864` Addition of nem section amended by the Indian Criminal Law Amendment after section ~ c t , 1895, the following shall be added, namely :- 111 of 189: 4, Act TI, `1864.` '(4A. Wllenever any Local Government has, with Additional ,nni6h,,nt the previous sanction of tlie Quvernor General in of whipping Council, by ilotification in the local official Gazette, for rape in declared the provisions of this section to be in fol-ce ocrtuin cases. in any local area within its province, any person in that local area, mrho, being a member of an assembly of two or more persons, the common object of which assembly is to commit rape as defined in section 375 of the Indian Penal Code, abets, commits or attempts x ~ v to commit such offence, may be punish~d mith 1860. wllipping in nddition to any other punish~nent to which, for such abetment, offence or atteml~t, mav be liable under the said Code." w
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w Substitution of ilem sec3. For section 5 of t.he TVhipping Act, 1864, as ra amended by sectio~z 6 of tho Indian Criminal La,w
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`1x1` of 1895; Amendment Act, 1898, the following shall be substi- tion tion for 6, Aot sea- tuted, namely `:a` VI, 1864. " 6. Any juvenile offender who abets, commits or Juvenile attempts to commit- offenders
offenders when punishable with
fa) any offence which is punishable under the w h i ~ ~ i " g * Indian Penal Code otherwise than with death, or
XLV of 1860.
( b ) any offence which is punishable under any other law with imprisonment,
may be punished with whipping in lieu of any other punishment to which he may for such offence, abetment or attempt be liable :
Provided that the Governor General in Council may, by notification in the Gazette of India, direct tl~a t he punishment of whipping shall not be inflicted in respect of such offences falling under clause
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(b) as he mag think fit to specify in this behalf.
.Explumation.-In this section the expression 'juvenile offender ' means an offender whom the Court, after making such enquiry (if any) as may be deemed necessary, shall find to be under sixteen years of age, the finding af the Court in all cases being final and conclusive."
Source: India Code