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Bengal Presidency - Section

Section 541 in Police Regulations, Bengal , 1943

541. Conviction register. [§ 12, Act V, 1861].

(a)A register of persons convicted shall be maintained in all headquarters Courts in B.P. Form No. 107.
(b)The names of all persons convicted of the following offences shall be entered in it :-
(i)Offences or attempt at or abetment of - under Chapters XII and XVII of the Indian Penal Code, punishable with whipping or with imprisonment for three years or upwards.
(ii)Personating or attempt at or abetment of - a public servant, etc. - Sections 170 and 171 of the Indian Penal Code.
(iii)Causing hurt or attempt at or abetment of - Section 328 of the Indian Penal, Code.
(iv)Swindling or attempt at or abetment of - Section 417 of the Indian Penal Code.
(v)Offences or attempt at or abetment of - relating to forgery of currency notes or bank notes - Sections 489A, 489B, 489C, 489D of the Indian Penal Code.
(vi)Criminal conspiracy, when the offence which is the object of the conspiracy is exclusively triable by the Court of Sessions-Section 120B of the Indian Penal Code.
(vii)Offences mentioned in the schedule to the Indian Criminal Law Amendment Act, 1908 (XIV of 1908), when the trial has proceeded according to the provisions of that Act.
(viii)Badlivelihood - Sections 109 and 110 of the Code of Criminal Procedure.
(ix)Gambling - Sections 3, 4 and 11 of Bengal Act II of 1867.
(x)Opium - Section 9 of Act I of 1878.
(xi)Arms - Sections 19 (a), (c), (f); 20 of Act XI of 1878.
(xii)Offences under the Criminal Tribes Act, 1924 (VI of 1924).
(xiii)Offences under the Explosives Substances Act, 1908 (VI of 1908).
(xiv)Offences under the Goondas Act, 1923 (Ben. Act I of 1923).
(xv)Offences in connection with political agitation punishable with rigorous imprisonment for a term of one year or upwards.
(xvi)Offences under the Motor Vehicles Act, 1939 - Sections 116-118, 123 and 124 (Act IV of 1939).
(xvii)Offences under sections 3 and 4 of the Bengal Criminal Law (Industrial Areas) Amendment Act, 1942.
(xviii)Offences under section 2 of the Howrah Offences Act, 1957 (Act XXI of 1957).
(xix)Offences under the Telegraph Wires (Unlawful Possession) Act, 1950 (Act No. LXXIV of 1950).
Note. - First offender bound down under section 562 of the Code of Criminal Procedure, shall be treated as convicted.
(c)Entries shall be made as soon as sentence is passed. If the sentence is quashed or modified on appeal, necessary corrections shall be made by noting in the column of remarks the date and purport of the order of the Appellate Court. The names of identifying officers shall be entered from the record of the cases and from the release notice of the prisoner, which shall be sent to the police-station concerned through the headquarters Court officer.
(d)Convictions at the Sessions shall be registered at the headquarters Court of the district from which the case was committed.
(e)At subdivisions entries of convictions shall be made as they occur during the month on loose sheets of the printed form which shall be forwarded to the headquarters Court within the first week of the following month, and fastened into the headquarters register at the end of the entries for the same month.
(f)The conviction sheets shall be put up once a week for examination and signature at subdivisions before the Sub-divisional Magistrate, and at headquarters before the Magistrate to whom the duty is made over. The Magistrates shall certify that the entries in the conviction sheets have been checked with the Magistrate's general and complaint registers and that all necessary entries have been made.
(g)The completed volumes of the register, after they are neatly bound, shall be kept in the Magistrate's record-room or other safe place, the current volume and the index only being kept by the Court officer in his office under safe custody.
(h)Extracts of entries regarding criminals residing in another district or changing their residence shall be forwarded to the sadar Court officer of the district in question for entry in the headquarters Court conviction register. After entry the communication shall be returned with a note stating the page and volume of the register in which the contents have been duly entered. Such extracts shall be sent after orders as to P.R. have been passed when the convict is likely to be made P.R. or any appeal preferred has been disposed of or the period of such appeal has expired.
(i)The conviction roll of any person born or resident at Chandernagore, who has been convicted of any of the offences enumerated above, shall be sent direct to the Magistrate of Police, Chandernagore. Similar rolls will be received from the French authorities in respect of persons born or resident in British India, who are convicted of the same offences.
(j)All cases in which the real names and residences of persons convicted of offences under Chapters XII and XVII of the Indian Penal Code, are not known, shall be entered in red ink.
(k) When a convict is made P.R., or| P.R.T| by the Superintendent or is ordered by the Magistrate to notify, after release from jail, his residence or change of residence under
section 565 of the Code of Criminal Procedure, the letters P.R.| P.R.T.| or| P.R.T.565| , as the case may be, shall be entered against his name in the remarks column in red ink,
and the number of the P.R. slip or the despatch cheque shall be noted in the column "Whether finger-print taken". The classification formula supplied by the Finger Print Bureau on the counterfoil of the despatch cheque shall on receipt be transcribed in the register and communicated to the district where extracts from the conviction register have been sent according to clause (h). Where a person convicted in a case of arms smuggling is known to be a seaman, the words "Seaman-arms smuggler" shall also be entered in red ink against his name in the remarks column.
(l)Conviction rolls of homeless offenders having previous convictions in Calcutta shall be sent to the Commissioner of Police, Calcutta, who shall return the rolls with a note that the contents have been duly entered in his register,