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1 - 10 of 33 (0.26 seconds)The Police Act, 1949
Section 188 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 143 in The Indian Penal Code, 1860 [Entire Act]
The Bombay University Act, 1974
The Code of Criminal Procedure, 1973
Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
Emperor vs Abdul Hamid Rajabali on 31 October, 1917
It is argued that Section 23(3) read with Section 127 of the City of Bombay Police Act makes a new offence and that therefore there can be no conviction under the Indian Penal Code as the penalty is provided by the statute which makes the new offence. What however is the real nature of the principle enunciated in Hawkins' Pleas of the Crown is obvious from the cases quoted in King-Emperor v. Abdul Hamid, and particularly from the first two cases. In the first case the offence was created by the Parliamentary Registration Act of 1843 which provided as penalty a fine by the revising barrister or an action of debt by the party aggrieved. It was held, therefore, that there was no remedy by indictment and the indictment was quashed. In the second case the offender was brought before the Sessions Court whereas the penalty provided was a fine to be recovered by summary conviction in a summary Court. The principle then is that where a new offence is created and the particular manner in which proceedings should be taken is laid down, then proceedings cannot be taken in any other way. In this case, however, the procedure is the same whether the accused are prosecuted for an offence under Section 127 of the City of Bombay Police Act or under Section 188 of the Indian Penal Code and no special procedure is laid down in the Police Act in connection with the new offence. The principle, therefore, enunciated in Hawkins Pleas of the Crown does not apply to the present case. It seems anomalous that the accused should be convicted under the general law rather than under Section 127 of the City of Bombay Police Act which applies more particularly to the case. But this is allowable under Section 131 of the City of Bombay Police Act as also under Section 27 of the Bombay General Clauses Act, Bombay I of 1904.