The Assam Criminal Law Amendment Act, 1935
# ASSAM ACT VII OF 1936.

[Published in the _Qazelte of the 4th December 1935.]_

THE ASSAM CRIM IN AL LA W AMEN D­

MEN T ACT, 1935.

**Prea mble*** W herkas it is expedient to supplement the

Crim inal Law in Assam and to th at end to amend
the Assam Criminal Law Amendment Act, 1934 niotnis*.

And whereas the previous sanction of the

Governor General has been obtained under sub­
section (3) of section 80A of the Government of
India Act to the passing of this A c t;

I t is hereby enacted as follows :—

**Short** **title,** 1. (1) This Act may be called the Assam

**commencement**
**and extent.** Criminal Law Amendment Act, 1935 ;

(2) It extends to the whole of Assam.
(3) It shall come into force in such are a and on

such date as the Local Government may by

notification direct.

**Inse rtion** **of** 2. After section 30 of the Assam Ciiminal

**new sections in**
**Am»xo Ac t I I I** Law Amendment Act, 1934, the following sec­
**Of 1984.** tions shall be inserted, nam ely : —

**Penalty** **for** “ 31. Whoever knowingly has in his possession

**poHseMiion of**
**Certain pro hibit­** any newspaper, book or other document—
**ed documents.**

_(a)_ the importation, of which has been

prohibited under the Sea Customs

Act, 1878, or vitioiws.

_(b) copies whereof have been declared to be_

forfeited to His Majesty under any
law for the tim e being in force,

shall be punishable with imprisonment which may
extend to three years or with fine or with both.

**Pen alty possession** **fo rof** “ 32. Whoever has in his possession any news­

**doc uments inci­** paper, book or other document which contains any
**ti ng to or en­**
**couraging** **the** words, signs or visible representations which—

**com niisbion** **of**

**certain oQ- nces.** _(a) incite to or encourage, or ten d to incite_

to or to encourage, the commission of
any offence of murder, robbery, dacoity,
or criminal intimidation, or any offence
punishable under the Indian Arms Act. xi **of 1878.**

1878, th e Explosive Substances Act, v [x ] _[ot][ woa. ]_

190[-]*, or under sections 121, I2IA , 122,

124, 326, 3x9, 332, 3a6, 399, 400, 402,
435 436, 440, or 457 of the Indian 18«* [IL V] °‘

Penal Co de; or

# Price English— Id .] [Ind ian— lanna.


-----

_(I) directly or indirectly express approval_

or adm iration of any such offence in a

c

manner likely to encourage the com­
mission of the offence,

shall, unless he proves th at he had such news­
paper, book or document in his possession—

_(i)_ in circumstances indicating th at he did

not intend that it should, and did not
know that it could, be used for the
purpose of disseminating any doctrine
tending to further or encourage the
terrorist movement ; or

_(ii)_ for the purposes of _bond fide research or_

study not connected with th e furthe r­
ance or encouragement of the terrorist

movement,

be punishable with imprisonment which may

extend to three years or with fine, or with

both.

Mowing of “ S3. Tn sections 31 and 32, ‘book’, ‘docum ent’

S " ' [d] and[an<]^ ‘newspaper’ have the same meaning as in
''newspaper”, clauses (1), (2) and (5) respectively of section 2

of the Indian Press (Em ergency I owers) Act,

**XXI11 of 1031.**

1931.

Cognisance of ** 84. **W** No Court shall take cognizance of an

offences under offence punishable under section 31 or section

82. °" ’ " 32 except upon complaint made by order

of, or under autho rity from, the Local

Government or a District Magistrate

empowered by the Local Government in this

behalf.

(2) No complaint shall be made under sub­

section (1) unless the Local Government

or the District Magistrate, as the case

may be—

_(«)_ is satisfied th at the newspaper, book

or document in respect of which the
offence is alleged to have been com­

mitted contains words, signs or visible
representations which tend to further
or encourage I he terrorist movement
or the commission of any offence in
connection with th at movem ent j

and

_(b) is of opinion th at the person allegel_

to have com mitted the offence—

_(i)_ intended that the newspaper, book or

document should, or knew th at it
could_ be used for the purpose of


-----

# 3

.«=• disseminating any doctrine tending

to furthe r or encourage the terrorist

    - movem ent; or

**_(ii)_** is a person to whom the provisions of

sub-section (1) of section **16** of the
Assam Criminal Law Amendment **Assam Act I II**
Act, 1934, are applicable. **’ 1934.**

oifcncMunder “ 85. No twithstanding anyth ing contained in

Code, an °®[e n c e] punishable under section

**cnsniubie** **»nd** 31 or section 32 shall be cognizable and baila-
uiuble. b l e [.”]

**A. G. P. (Leg.) No 189-9 50—25-6-1934**


-----

