Section 0

ACT No. XI OF i858. + PASSED `BY` THE LEGISLATTVR COUNCIL OF IND~A, [Received the assent of the Governor Gel~erul on the `4iK` April 1 8 58J AN ACT t o a~tt/LoTiZe't/re in,,iction Of co~oral~~unisbn6nt `in` certain cases. W~IEREBS, in consequence of the destruction of the Jails in anany parts of India, and the want under existing circumstances Preamble. of means for the confinement of Convicts and for the due enforcennent of prison-discipline, it. is cxpeciient to authorize the substitution of corporal pnnishrnent for impriconrne~zt in certain cases ; It is enacted as follows :- I. Ef any person shall be charged before a Magistrate with having committed any of the offences hereinafter mentioned, it Nagistrale empowershall be lawful for ssuclz Magistrate, i11 Lieu of comniitting ed to sentence offenders to corporal pullishment the offender for trial, or sentencing him to any other for certain offences. punishment to which he may be liable, to sentence the oEender npon conviction to corporal punishm ell t not exceeding thirty stripes with a ratan. The offences are-robbery not attended with aggravating circumstances, burglary, theft, knowingly receiving stolen or plundered property, wilf~d destruction of or injury to poperty, and the attempt to commit any of the above-mentioned offences. TI. I t shall a190 be competent to a Magistrate to impose a fine not exceeding five hrandred Rupees on convictiolz for any Corporal pnnishmerlt may be inflict ed dso ill offence under section XXV Act XX%TIII[ of 1857 ; and certain cases in mhlch a fine is imposed and not[in ][such case, ][as ][well as ][in ][any case in which ][a ][fine shall ] paid. be imposed under the provisions or Section VIE1 Act X I of 1857, or of Section X'gd'IP Section XXII, or Section XXVBI Act XXVPBB of 1857, or for assaults or affrays, it shall be lawful for the Nagistrate to order that corporal punishment, not exceeding thirty stripes with a ratan, shall be inflicted on the offender in liein of the fine, i n case such fine be not paid ACT No. XI OF 1858. paid. I n a,ny case in %vhicll the Magistrate sha.11 make such order, he shall no:; sentence the ogendcr to imprisonment ip additioil to the fine. Act not to authorize 12%. Nothing in this Act shall he deemed to authe c,orporal punishment ofEuropeans and thorize the infliction of corporal punishnienC upon any others. European or American or upon any female. ITa The word " "Magistrate" shall include an! person lawf~~lly exey~ ~ ~ t ~ ~ * ~eking the full powers ~ ~ t ~ t i ~ ~ !of . a Magistrate, and also any c c Magistrate." Assistant to a Magistrate or Deputy Magistrate specially antl~orized by the Executive Government to exercise the powers vested in a Xagise~ate by this Act ; and the word " European" shall include any person u European." nsnally designated a European British subject, ~ c t to take effect 0111 l g V. This Act shall take effect only in the Districts in Disl~icts or places to which it is cHtcnded by or places to which the Governor General in Cou-mil or Government. t,he Executive Government of any Presidency or place shall .' think it necessary to extend it. TI. This Act shall continue in force for two Dnration of ,4ct. years.