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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX III                                                      759

(2) The imprisonment awarded under this section may be in addition to a sub-
stantive sentence of imprisonment for the maximum term awarded by the Magistrate
under section 32.

Sec. 34. Higher powers of certain District Magistrates.—The Court of a Magistrate
specially empowered under section 30 may pass any sentence authorized by law except
a sentence of death or of transportation for a term exceeding seven years or of imprison-
ment for a term exceeding seven years.

Imprisonment.—There are two grades of imprisonment, viz. rigorous (hard labour)
and simple. Hard labour consists chiefly in grinding corn, oil pressing, Soorkhi pounding,
paper pounding and polishing, digging and carrying earth, drawing water, cutting fire-
wood, latrine work, bowing wool, blacksmith's work, etc. Simple imprisonment means
nothing more than confinement in jail, subject to the jail rules as to diet, etc., and pri-
soners undergoing such a sentence cannot lawfully be put to any work against their
will. There is, however, no objection to their being employed on any trade or occupation
permitted by the jail rules, if they, of their own free will, express their desire for
employment.

Whipping.—In the Indian Act there is no provision as to how the punishment of
whipping has to be inflicted on youthful offenders, but the State Government is autho-
rized to prescribe it. According to English law whipping has to be carried out in
private by a policeman in the presence of an Inspector and the number of stripes to be
inflicted has been fixed according to the age. Thus, six stripes for a child of six,
twelve for a boy under fourteen. The Government of Uttar Pradesh *• has pres-
cribed the following rules to be observed as regards the place and mode of inflicting
the punishment of whipping: —

(1)  All judicial whippings shall in future be inflicted in private, either at a jail or
in an enclosure near the court-house.

(2)  Wherever it is possible to do so Magistrates shall secure the presence of a
medical officer at the whipping;

Note.—The presence of a superior medical officer is not necessary at whipping. It
will be sufficient if a competent sub-assistant surgeon is present but in any doubtful
case the man to be whipped should be sent beforehand to the civil surgeon for in-
spection. The civil surgeon will have to certify whether the man can stand a whipping.
Any advanced organic disease should be regarded as a contra-indication. It should
also be remembered that the medical officer might be asked during the whipping if the
person's health was likely to suffer from its completion. Severe haemorrhage in the case
of a haemophiliac or signs of physical collapse should be the signal to stop the
punishment.

(3)  the practice shall invariably be adopted of spreading a thin cloth soaked in
some antiseptic over the prisoner's buttocks during the operation;

(4)  the cane employed shall never exceed the legal minimum of half-an-inch in dia-
meter in the case of persons of over sixteen years of age [section 392  (i)   of
the Criminal Procedure Code] ; and in the case of juvenile offenders a still
lighter cane shall be employed.

Sec. 42. Public when to assist Magistrates and Police.—Every person is bound to
assist a Magistrate or police-officer reasonably demanding his aid, whether within or
without the presidency-towns,—

(a)  in  the  taking  or  preventing  the   escape   of   any  other  person  whom   such
Magistrate or police-officer is authorized to arrest;

(b)  in the prevention or suppression of a breach of the peace, or in the prevention
of any injury attempted to be committed to any railway, canal, telegraph or
public property.

Sec. 44. Public to give information of certain offences.—(1) Every person, whether
within or without the Presidency-towns, aware of the commission of, or of the intention
of any other person to commit any offence punishable under any of the following
sections of the Indian Penal Code (namely), 121, 121-A, 122, 123, 124, 124-A, 125, 126,
130, 143, 144, 145, 147, 148, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397, 398. 399% 402,
435, 436, 449, 450, 456, 457, 458, 459 and 460 shall, in the absence of reasonable excuse,
the burden of proving which will lie upon the person so aware, forthwith give informa-
tion to the nearest magistrate or police-officer of such commission or intention.

(2) For the purpose of this section the term " offence" includes any act com-
mitted at any place out of India which would constitute an offence if committed in India.

Punishment.—Omission to give information under the section is punishable under
sections 118, 176 and 202, Indian Penal Code.

Sec. 45. Village headmen, accountants, landholders and others bound to report
certain matters.—(1) Every village headman, village accountant, village watchman, village
police-officer, owner or occupier of land, and the agent or any such owner or occupier

1.   Manual of Government Orders, Vol. I, Part IV, para 924.