The Assam Criminal Law Amendment Act, 1935

Prea mble* Short tit le , commencement and extent . Inse rt io n of new sections in Am»xo Ac t I I I Of 1984. ASSAM ACT V II OF 1936. [Published in the Qazel te of the 4 th December 1935.] Pe nalty for poHseMiion of Certa in pro hi bi t­ ed documents. Pen al ty fo r possession of doc uments in ci ­ ti n g to or en­ courag ing the com niisbion of cert ain oQ- nces. TH E ASSAM CR IM IN A L LA W AM EN D­ M EN T ACT, 1935. W herkas it is exp edient to sup plement the Crim inal L aw in Assam and to th at end to amend the Assam Crim inal Law Am end ment Ac t, 1934 niotnis*. And whereas the previous sanction of the Governor Gen era l has been obta ined unde r sub­ section (3) o f sec tion 80A of the Gover nm ent of India Act to the passing of thi s A c t ; I t is hereby ena cted as follows :— 1. (1) This Act may be called the Assam Crim inal Law Am end ment Act, 1935 ; (2) I t ext end s to the whole of Assam. (3) I t shall come into force in such are a and on such date as the Local Gov ernment may by not ifica tion direct . 2. Af ter sect ion 30 of the Assam Ciimin al Law Amendment Act, 1934, the following sec­ tions shall be inse rted , nam ely : — “ 31. Whoever know ingly has in his possession any new spaper, book or oth er docu ment— (a) the im porta tion, of which has been prohibi ted under the Sea Customs Act , 1878, or vit ioi ws . (b) copies whereof have been dec lared to be for fei ted to His Ma jes ty under any law for the tim e being in forc e, shal l be punishable with imprisonment which may ext end to thr ee years or with fine or with both. “ 32. Who ever has in his possession any news­ pap er, book or other document which con tains any words, signs or visible represe nta tion s which— (a) inc ite to or encourage, or ten d to inci te to or to encourage, the commission of any offence of murder, robbery, dacoity , or criminal int imidat ion , or any offence punishab le under the Ind ian Arms Act. xi of 1878. 1878, th e Explosive Substan ces Ac t, v x ot woa. 190-*, o r under sections 121, I2 IA , 122, 124, 326, 3x9, 332, 3a6 , 399, 400 , 402, 435 436, 440, or 457 of the Ind ian 18«* IL V °‘ Penal Co de ; or Pr ice Engli sh— Id .] [Ind ia n— lanna. c 82. (I) directly or indirec tly express approval or adm iration of any such offence in a manner likely to encoura ge the com­ mission of the offence, shall, unless he proves th at he had such news­ pap er, book or doc ument in his possession— (i) in circ ums tanc es ind ica ting th at he did not intend th at it should , and did not know th at it could, be used for the purpose of dissem inat ing any doct rine ten din g to furth er or enco urage the ter ror ist movem ent ; or (i i) for th e purposes of bond fide research or stud y not con nec ted with th e fu rthe r­ ance or enc ourage ment of th e ter ro ris t movement, be punishab le with imp risonment which may extend to thr ee yea rs or with fine, or with both . Mowing of “ S3. Tn section s 31 and 32, ‘book’, ‘docum ent’ S " ' d andan <^ ‘newspaper’ have the same meaning as in ''newspaper”, clauses (1), (2) and (5) respec tive ly of section 2 of the Ind ian Press (Em erg enc y I owers) Ac t, 1931. Cognisance of ** 84. W No Cou rt shall tak e cognizance of an offences under offence punishable unde r section 31 or sect ion °" ’ " 32 except upon com pla int made by order of, or unde r au tho rity from, the Local Governmen t or a Di str ic t Magist rat e empowered by the Local Governmen t in thi s beh alf. (2) No complaint shall be made unde r sub ­ section (1) unless the Local Governme nt or the Di str ict Ma gis trat e, as the case may be— is satisfied th at the newspaper, book or doc ument in respect of which the offence is alleged to have been com­ mitted conta ins words, sign s or visible representatio ns which t end to furth er or encourage I he ter ro ris t movement or the commission of any offence in connection with th at mo vem ent j and (b) is of opinion th at the person all egel to have com mitted the offence— (i) intended that the newspaper, book or docume nt should, or knew th at it could_ be used for the purpose of XXI11 of 1031. («) c J 3 .«=• diss eminating any doc trine tendin g to fur the r or encou rage the ter ror ist • mov em en t; or (i i) is a person to whom the provisions of sub-section (1) of sec tion 16 of the Assam Crim inal Law Amendment Act, 1934, are applicable. oifcncMunder “ 85. No tw ith sta nd ing an yth ing contained in Code, an °®e n c e punishable under section cnsn iubie »nd 31 or sect ion 32 shall be cogn izab le and baila- uiuble. b l e .” Assam Act I II ’ 1934. A. G. P. (Leg .) No 189-9 50—25-6-1934 scan0001 scan0002 scan0003