Straits Settlements.

The acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. online

. (page 24 of 98)
Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 24 of 98)
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defined in this Section.

(c.) A, a proprietor of bullocks, being bound by le^al contract to convey
floods on his bollocks from one place to another illegally omits to do so. A
lias committed the offence defined in this Section.

(d.) A, by unlawful means, compels B, a cooly, to carry his baggage. B
in the course of the journey puts down the bag^ge and runs away. Here,
.as B was not lawfully bound to carry the baggage, he has not committed any
offence.

Explanation. It is not necessary to this offence that the
contract should be made with the person for whom the service is
to be performed. It is sufficient if the contract is legally made
with any person, either expressly or impliedly, by the person who
is to perform the service.

Illustration.

A, a coachman, contracts with the owAer of a hacknev carriage to drive his
•carriage for a month. B hires the carriage for a month. A in the course of
the month voluntarily ceases to drive tho carriajB^e at a time when the carriage
is in use on a journey. Eere, althcngh A did not contract with B, A is
^Uty of an offence under this Section.

491. Whoever, being bound by a lawful contract to attend on or Breach of con-
to supply the wants of any person who by reason of youth, or of *'^** *<> attend
unsoundness of mind, or of a disease or bodily weakness, is helpless ^e wants of^^
or incapable of providing for his own safety or of supplying his helpless per-
own wants, voluntarily omits so to do, shall be punished with •^°*-



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182 [IV. OF 1871.] PENAL CODE.

imprisonment of either description for a term which may extend to
three months, or with fine which may extend to One Hundred
Dollars, or with both.

Breach of & 492. *Whoever, being bound by lawful contract iu wilting to

contract to work for another person as an artificer, workman, or labourer, for a

dStomrplaoe Period not more than three years, at any place within the Colony

to which the to which by virtue of the contract he has been or is to be conveyed

^errtntu ^^ the expense of such other, voluntarily deserts the service of that

Sbe^ater's other during the continuance of his contract, or without reasonable

expense. cause refuses to perform the service which he has contracted to

M. perform, such service being reasonable and proper service, shall be

punished with imprisonment of either description for a term not

exceeding one month, or with fine not exceeding double the amount

of such expense, or with both ; unless the employer has ill-treated

him or neglected to perform the contract on his part.



CHAPTER XX.

Of Offences RELAnNo to Mariuage.

Cohabitation 493. Every man who by deceit causes any woman who is not
caused hj a lawfully married to him, to believe that she is lawfully married to
SdSdhga*^^ him and to cohabit or have sexual intercourse with him in that
belief of litwfiil belief, shall be punished with imprisonment of either description
^A^nsge- for a term which may extend to ten years, and disM also b^ liable
to fine.

Marryinff acain 494. Whoever, having a husband or wife living, marries in any
dnring^enfe- case in which such marriage is void by reason of its taking place
Smd OT^iSfe. during ^hi® ^fo ^f ®^^ husband or wife, shall be punished with

imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fin&

Exception. This Section does not extend to any person whose
marriage, with such husband or wife, has been declared void by a
Court of competent jurisdiction, nor to any person who contracts a
marriage during the life of a former husband or wife, if such
husband or wife, at the time of the subsequent marriage, shall have
been continually absent from such person for the space of seven
years, and shall not have been heard of by such person aa being
alive within that time, provided the person contracting such subse*
quent marriage shall^ before such marriage takes place, inform the
person with whom such marriage is contracted, of the real state of
facts so far as the same are within his or her knowledge.

Same offence 495. Whoever commits the offence defined in the last preceding
•with conceal- Section, having concealed from the person with whom the subse-

ment of the ' 2__

former mar- • " '

riage firom the « So much of this section as relates to persons within the operation of Ordinance I.
of 1882, as defined in section 1 thereof, is repealed. See the Lahoor Contracts
Ordinance, 1682 (Ordinance I. of 1882), section 83, at amended hj Ordinance XXL
of 1889.



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PENAL CODE. [IV. OF 1871.] 183

qnent marriage is contracted the fact of the former marriage, shall person with
be punished with imprisonment of either description for a term que^^mawiaffe
which maj extend to ten years, and shall also be liable to fine. is contracted,

496. Whoever dishonestly or with a fraudulent intention goes Marriage cere-
through the ceremony of being married, knowing that he is not ^^^ h^^th
thereby lawfully married, shall be punished with imprisonment of fraudulent
either description for a term which muy extend to seven years, and intent without
shall also be liable to fine. J?.^ "^-

nage.
498t. Whoever takes or entices away any woman who is and Enticing or
whom he knows or has reason to believe to be the wife of any ^^^^'^^^
other man, from that man, or from any person having the care of j^g ^t^ I
her on behalf of that man, with intent that she may have illicit criminal intent
intercourse with any person, or conceals, or detains with tha< * "J^^
intent any such woman, shall be punished with imprisonment of -^ g
either description for a term which may extend to two years, or m.*
with fine, or with both.



CHAPTER XXL
Of Defamation.



499. Whoever, by words either spoken or intended to be read Defamation,
or by signs, or by visible representations, makes or publishes any
imputation concerning any person, intending to harm, or knowing
or having reason to believe that such imputation will harm the
reputation of such person, is said, except in the cases hereinafter
excepted, to defame that pei'son.

Explanation 1. It may amount to defamation to impute any-
thing to a deceased person, if the imputation would harm the
reputation of that person if living, and is intended to be hurtful
to the feelings of his family or oi£ier near relatives.

Explanation 2. It may amount to defamation to make an
imputation concerning a company, or an association or collection of
persons as such.

Explanation 3. An imputation in the form of an alternative, or
expressed ironically, may amount to defamation.

Explanation 4. No imputation is said to harm a person's repu-
tation^ unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character of
that person, or lowers the character of that person ia respect of
his caste or of his calling, or lowers the credit of that person, or
causes it to be believed that the body of that person is in a
loathsome state, or in a state generally considered as disgraceful.

* 11 punishment adequate.

t There is no section nombered 497. In the Indian Penal Code thut section deals
■with the offence of adnlteiy.



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• 184r [IV. OP 1871.] PENAL CODE.

niustrations.

(a.) A says — ** Z is an honest man ; he nerer stole B's watch ; " intending
to catfse it to be believed that Z did steal B's watch. This is defamation,
nnlesH it fall within one of the Exceptions.

(b.) A is asked who stole B's watch. A )x>int8 to Z, intending to cause it
to be believed that Z stole B*s watch. This is de&unation, unless it &11 within
one of the Exceptions.

(c.) A draws a picture of Z runnuig away with B's watch, intending it to
be believed that Z stole B's watch. This is defamation, unless it fall within
one of the Exceptions.

Jjip«t»*jMi of First Exception. It is not defamation to impute anything which

So ijSbUo lood is true concerning any person, if it be for the public good that the

S2dS«r imputation should be made or published Whether or not it is for

pubiuhad. ^^ public good is a question of fact.

Pablio oondact Second Exception. It is not defamation to express in good faith
of public any opinion whatever respecting the conduct of a public servant in
the discharge of his public functions, or respecting his character, so
far as his character appears in that conduct, and no farther.

Conduct of Third Exception. It is not defamation to express in good faith

toucUn^^im ^^^ opinion whatever respecting the conduct of any person touching
public question. ^^^7 public question, and respecting his character, so far as his
character appears in that conduct, and no farther.

Illustration.

It is not defamation in A to express in good faith any opinion whatever
respecting Z's conduct in petitioning Government on a pnhlic question, in
signing a requisition for a meeting on a public question, in presiding or
attending at such a meeting, in forming or joining anj society which invites
the public support, in roting or canvassing for a particular candidate for
any situation in the efficient aischarge of the duties of which the public is
interested.

Publication of Fourth Exception. It is not defamation to publish a substantially
re^yriaotYO' true report of the proceedings of a Court of Justice, or of any
0)urtf of* Legislative Assembly, or of the result of any such proceedings.
Justice, &c. Explanation. A Justice of the Peace or other Officer holding an

enquiry in open Court preliminary to a trial in a Court of Justice,
is a Court within the meaning of the above Section.

ileritsofa Fifth Exception. It is not defamation to express in good faith

case decided j^j^y opinion whatever respecting the merits of any case, civil or
Justice ° or* Criminal, which has been decided by a Court of Justice, or respecting
conduct of the conduct of any person as a party, witness, or agent, in any such
witneBseaand ^^g^Q^ qj respecting the character of such person, as far as his
ctroedtheroiD. character appears in that conduct, and no farther.

Illustrations.

(a.) A says — "I think Z's evidence on that trial is so contradictory that
he must be stupid or dishonest." A is within this Exception if he says this
in good faith; inasmuch as the opinion which he expresses respects Z's
character as it appears in Z's conduct as a witness, and no farther,

(b.) But if A says — ** I do not believe what Z asserted at that trial, because
I know him to be a man without veracity ; " — A is not within this Exception,
inasmuch as the opinion which he expresses of Z's character, is an opinion
not founded on Z's conduct as a witness.



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VZSML CODK. [IV. OF ,1871] llfiS

Sixth Exception. It is not defamation to express in good faith Merits of a
any opinion respecting the merit? of any performance which its Public per-
author has submitted to the judgment of the public, or respecting ^'™"*^
the character of the author so far as his character appears in such
performance, and no farther.

Explanation. A performance may be submitted to the judgment
of the public expressly or by acts on the part of the author which
imply such submission to the judgment of the public.

Illustrations,



jndgi



(a.) A person who publishes a book, submits that book to the judgment of
the public.

b.) A person who makes a speech in pnblic, submits that speech to the
Igment of the public.

(c.) An actor or tdnger who appears on a public stage, submits his acting
or singing to the judgment of the public.

(d.) A sajs of a book {inblished by Z, — " Z's book is foolish, Z must be a
weak man. Z's book is indecent, Z must be a man of impure mind." A is
within this Exception, if he says this in good faith, inasmuch as the opinion
which he expresses of Z respects Z's character only so far as it appears in
Z's book, and no farther.

(e.) But if A says — '* I am not surprised that Z*s book is foolish and in-
decent, for he is a weak man and a libertine," A is not within chis Exception,
inasmuch as the opinion which he expresses of Z's character is an opinion
not founded on Z's book.

Seventh Exception. It is not defamation in a person having over Censore passed
another any authority, either conferred by law, or arising out of a in good faith
lawful contract made with tliat other, to pass in good faith any ha^'^^^u^ul
censure on the conduct of that other in matters to which such authonty over
lawful authority relates. another.

Illustration^,

A Judge censuring in good faith the conduct of a witness or of an officer
of the Court ; a Hesd of a Department censuring in good faith those who are
under his orders ; a parent censuring in good faith a child in the presence
of other children ; a schoolmaster, whose authonty is derived from a parent,
censuring in good faith a pnpil in the presence of other pupils ; a master
censuring a servant in good faith for remissness in service ; a banker cen-
suring in good faith the cashier of his Bank for the conduct of such cashier
us such cashier— are within this Exception.

Eighth Exception. It is not defamation to prefer in good faith Accusation
an accusation against any person to any of those wlio have lawful ^"^^f^^h t
authority over that person with respect to the subject-matter of a^uiy^autho-
ACCUsation. rised person.

Illustration.

If A in good faith accuses Z before a Magistrate; if A in good faith
complains of the conduct of Z, a servant, to Z's master ; if A in good faith
complains of the conduct of Z, a child, to Z's father — A is within this
Exception.

. Ninth Exception. It is not defamation to make an imputation ^JJ"^^^
on the character of another, provided -that the imputation be made faith by a
in good faith for the protection of the interests of the person person for the
making it, or of any other person, or for the public good. Si^^temtef



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M& [IV* OF 1871.] l^BNAI. OODK.



lUiXBtrations.



(a.) A, a shopkeeper, sajs to B,,wlio manages his busiqess — '* SeU ^othiue



to Z unle&s he pays you readv money, for I have no opinion of hiff honesty.
A is within the Exception, if he has made this impntation on Z in good
faith for the protection of his own interests.

(b.) A, a Magistrate, in making a report to his snperior officer, casts an
imputation on the character of Z. Here, if the imputation is made in good
faith and for the public good, A is within the Exception.

CantioD intended Tenth Exception. It is not defamation to convey a caution, in
Se^w»n1o^ good faith, to one person against another, provided that such
i^v^edOTfor ca^^ou be intended for the good of the person to whom it is con-
the public good, veyed, or of some person in whom that person is interested, or for
the public good.

t(2.) In proving the existence of circumstances as a defence
under the 2nd, 8ra, 5tb, 6th, 7th, 8th, 9th, or 10th exception, good
faith shall be presumed unless the contrary appear.t

Fonishmeiit 500. Whoever defames another shall be punished with simple

for de&mation. imprisonment for a term which may extend to two years, or with
^' fine, or with both.

Printing or 501. Whoever prints or engraves any matter, knowing or having

mSS^own S^^^ reason to believe that such matter is defamatory of any
tobedefama« person, shall be punished with simple imprisonment for a term
tory- which may extend to two years, or with fine, or with both.

Q.S.

Sale of printed 502. Whoever sells or ofBarg for sale any printed or engraved
orengcaTed substance, containing defamatory matter, knowing thatit^co^tains
tB^^T^^^^^ matter, shall be punished with simple imprisonnoent- for a
tory matter. ^rm which may extend to two years, or with fine, or with both.



CHAPTER XXII.
Of Criminal Intimidation, Jnsult, and Annoyance.

Criminal in- 603. Whoever threatens another with any injury to his person,

timidation. reputation, or property, or to the person or reputation of any one in
whom that person is interested, with intent to cause alarm to that
person, or to cause that person to do any act which he is not legally
bound to do, or to omit to do any act which that person is legally
entitled to do, as the means of avoiding the execution of such threat,
commits criminal intimidation.

Explanation. A threat to injure the reputation of any deceased
erson in whom the person threatened is interested, is within this
tion.

Illustration.

A, for the purpose of inducing B to desist from proBecntiag a 4^iTU.siiit»
threatens to Dom B*g house. A is goilty of criminal intimi4^ioT>< ..

I *

* If poniahment adeqoate. . <

t This tub-tection waa added bj Ordinance XVI. of 1891, section 10.



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PEN AX CODE. [IV. OF 1871.] 187

504. Whoever intentionally insults,and thereby gives provocation intenticmai
to any person, intendinxr or knowing it to be likely that such pro- ?"*^* ^^

L' ^ '11 \^^^ X r 1 ^ T_T 1. 'J. intent to pro-

vocation Will cause him to break the public peace, or bo commit yoke a breach

any other o£fence, shall bo punished with imprisonment of either of the peace.

description for a term which may extend to two years, or with fine, Q.S.

or with both.

505. Whoever circulates or publishes any statement, rumour, or Cironlatbg
report, which he knows to be false, with intent to cause any officer, ^^ J^^^^
soldier, or sailor in the Army or Navy of the Queen to mutiny, or cauro mutiny
with intent to cause fear or alarm to the public, and thereby to or an offence
induce any person to commit an offence against the State or against ^JJ*^^®
the public tranquillity, shall be punished with imprisonment of Qg'
either description for a term which may extend to two years, or

with fine, or with both.

506. Whoever commits the offence of criminal intimidation shall Punishment
be punished with imprisonment of either de^ription for a term ^^^^Sj^L
which may extend to two years, or with fine, or with both ; and if t£xu^ i^ ^
the threat be to cause death or grievous hurt, or to cause the ctnse death
destruction of any property by fire, or to cause an offence punishable or grieTous
with death or penal servitude, or with imprisonment for a term ^'"^' ^^
which may extend to seven years, or to impute unchastity to a ^'^'^
woman, shall be punished with imprisonment of' either description

for a term which may extend to seven years, or with fine, or with
both.

607. Whoever commits, the offence of criminal intimidation by Cnmuial
an anonymous communication, or by having, taken precautions to intimidation by
conceal the name or abode of the person from, whom the threat ^i^^^
comes, shall be punished with imprisonment of either description tion.
for a term which may extend to two years, in addition to the QS.
punishment provided for the offence by the last preceding Section.

508. Whoever voluntarily causes or attempts to cause any person Act caused by
to do anything which that person is not legally bound to do, or to inducing a
omit to do anything which he is legally entitled to do, by inducing beSeve that
or attempting to induce that person to believe that ha, or any he will be
person i^ whom he is interested, will become or will be rendered by '?J^'®^2^
some act of the offender an object of Divine displeasure if he does jyi^^^ ^
not do the thing which it is the object of the ofiender to cause him displeasure,
to do, or if he does the thing which it is the object of the offender Q.8.
to cause him to omit, shall be punished with imprisonment of either ^•*
description for a term which may extend to one year, or with fine,
or with both.

Illustrations.

(a.) A performs a oeremony at Z*b door with the intention of causing it to
be believed that by so doing he renders Z an object of Divine displeasure. A.
has committed the offence defined in this Section.

(b.) A threatens Z that miless Z performs a certain act, A will kill one of
A's own children, nnder such circumstances that the killing woold be
befieved to render Z an object of Divine displeasure, A has conunitted the
offence defined in this Section.



* If offence be punishable with not more than two years' imprisomaent and fine.
t If ponishment adequate.



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J198



[IV. OF 1871.]



PENAL CODE.



Word or 609. Whoever, intending to insult the modesty of any woman,

JJJS^Tto iMolt ^**®™ *^y word, makes any sound or gesture, or exhibits any
the modMtj of object, intending that such word or sound shall be heard, or that
a woman. such gesture or object shall be seen by such woman, or intrades
Q.S. upon the privacy of such woman, shall be punished with simple

^** imprisonment for a term which may extend to one year, or with

fine, or with both.



Miieondact in
pablio hy
adranken
person.



510. Whoever, in a state of intoxication, appears in any public
place, or in- any place which it is a trespass in him to enter, and
there conducts himself in such a manner as to cause annoyance to
any person, shall be punished with simple imprisonment for a
term which may extend to ten days, or with fine which may
extend to Five Dollars, or with both.



CHAPTER XXm.

Of Attempts to CoMMir Offences.

Pomihment 51L Whoever attempts to commit an ofience punishable by this

for attempting Code with penul servitude! or imprisonment, or to cause such an

offOTicMpun. ^ff^^c® ^ ^ committed, and in such attempt does any act towards

ishable with the commission of the offence, shall, where no express provision is

penal semtude made by this Code for the punishment of such attempt, be punished

^JJj^P"*^^" with penal servitude or imprisonment of any description provided

for the offence, for a term of penal servitude or imprisonment which

may extend to one-half of the longest term provided for that ofience,

or with such fine as is provided for the offence, or with both.

Illustrations.

(a.) A makes an attempt to steal some jewels by breaking open a box, and
finds after so opening the box that there is no jewel in it. He has done an act
towards the commission of theft, and therefore is guilty under this Section.

(b.) A makes an attempt to pick the pocket of Z by thrusting his hand
into Z's pocket. A fails in the attempt in cansequenoe of Z's having nothmg
in his pocket : A is guilty under this Section.

* If punishment adequate.

"t* The words *' penal senritnde *' substituted for the word " transportation " by
the Penal Code Amendment Ordinance, 1872 (Ordinance III. of 1872), section 7, which
came into operation at the same time as the Penal Code.



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IXOEX TO PENAL CODE. [IV. OP 1871.] 189



index:* to the penal code.



Seetion

ABDUCmON. See Kidnapping.

whatls *". . . . . . . 302

EimiBhment for • • • • . 363
ow pnuishable when tlie abduction is for the purpose of

mnrder -..-.-.. 3^4

when abduction is for the purpose of wrongful confinement - 865

of wcman, to seduce her or force her to marry - - 366

of a person, to subject him to CTievous hurt or slavery - - 367

concealing oriieeping person abducted ... 868

of a child under 10 years, to take property from it • • 869

ABETMENT^ ■ ' - •

definitions and examples of - • - •" 107-108

abetment is an offence ...... 108

punishment of, where the act abetted is committed • • 109

where the person abdtted has a different intention or knowledge 110

where act is different from that which has been abetted - 111

liability to double punishment in such a case - . 112
when an act for which abettor is liable, causes an effect different

fropi that intended - - - • - -113

when the abettor is present when the act is done - - 114
if offence abetted is punishable with death or penal servitude for

life, or if act abeoted causes hurt to any person - . 115
if offence abetted is punishable with imprisonment, and that

offence is not committed, &o., and if abettor or person abetted

is a public gervant, &c. - - - -116

punishment for abetment of an offence by the public generally,

or by persons exceeding ten in number - - - 117
concealment of design to commit an offence punishable' with

death or penal servitude .... 118

concealment by public servant of design to commit an offence - 119
concealment of design to commit an offence punishable with

imprisonment - - - - - • -120

of certain offences against the State ... 121B

ABETTOB. See Abetment.

ABORTION. See Miscarriage. Child.

punishment for causing - .-.. 312

without the woman's consent - - • • 313

where the act causes the woman's death .... 814



Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 24 of 98)