r - * - 0 - 7 -^--.-- ____-.
_.-. _ ---
( . A
C1 4
<
.
"_ ^
. - "
---
e-
b.
.
ACT NO. VI OF
I
1924.
P
% *- - PASSED
Bn INDIAN T J ~
THE ~ ~ s
-
~ ~ ~ ~ ~ ~ .
P
(Receiued the assent of the Gove~nor ~ e n e r zon the 15th
March, 1924.)
4
*
An Act to conso&date the law relating to Criminal
, - Tribes
W HEREAS it is expedient to consolidate the law relating
to criminal tribes ; I t is hereby enacted as follows :-
Preliminary.
1.' (1) This Act may be called the Criminal Tribes Act, z;p;;ztt.
1924.
F6 - (2) I t extends to the whole of British India.
2. I n this Act, unless .&ere is anything reppgnant i n the Definitions.
subject or context,-
(1) " district " includes a Presidency-town and the town
of Rangoon ;
(2) " District Magistrate " means, in the case of a Pre-
sidency-town or fhe town of Rangoon, the Commissioner of
Police ;
(3) " prescribed " ineans prescribed by rules made under
t'k this Act; and "
F-
tC
@
(4) " Superintendent of Police " means, in the case of a
Presidency-town or the t,own of Rangoon, ally officer ap-
pointed by the Local Government to perform the duties of rt
II
I
Superintendent of Police under this Act. 1
*C
$. i
P
Q Notification of Crinzinal Tribes. 1
g 3. If the Local Governinent has reason to believe that any $,";;;et;ny
1
E I
p tribe, gailg or class of persons, or any part of a tribe, gang tclass
r ~ b ra,gang OT
c~iml-
bF. or class, is addicted t o the sy-sternatic c~mmission of lzon- nal"rik I
r 1 !
I
6 ,
[Price dour amtas and t h r ~ e~ i e q . , ] i
d.>
I
I
r
2
f.
* \
1
$$ i
b -- . I
k- -- - - - - - .-- - --1- -- ., I
I
Cri7nifiaZ Tribes. [1924.
-- - -,--.-
bailable offences, i t may, by notificel&nLiil E e local official
Gazette, declare t h a l such tribe, gang or class or, as the case
nlay Ke, t h a t such part 6f the tribe, gang or class is a criminal
tribe for the purposes of this Act.
Rey?:s[ration oj Members oj C~irninal Tribes.
4. The Local Government may direct t h e District Nagis-
trate to make or to Cause to be made a register of the nle~nbets
of any criminal tribe, or part of a criminal tribe, within his
district.
<%
, 5 . Upon receiving such direction, the District Magistrake
'
shall publish notice i n the prescrilhed manner a t the place
where the register is .to be made and a t such other places as
he ]nay tl~inlifit, calling upon all the members of the criminal
*tribe or part, as the case may be,-
(a) to appear a t a time and place therein specified before
a person appointed bj7 him i n [Link] behalf;
( b ) to give to *,hat person such information as may b e
necessary to enable h i m to inalre the register; and
( c ) to allow their fingcr-impressions to be recorded :
Provided ' that the District Magistrate may e x e ~ n p tany
illember f r o ~ nregistration and ]nay cancel any such exemption.
6, The register, when made, shall be l~lacedi n the lieeving
of the Superilltendent of Police, who shall, from time to time,
report to the District Magistrate any alterations which ought
in his opinion to be made therein, either by ivay of addition
OT erasure.
7. (1) After the register has been' placed in the keeping
of t,he Superintendent of. Police, no person's name shall be
added to the register, *and no registration sliall be cancel-
led, except by, or under a n order i n writing of, the District
Magistrate.
(2) Befoye t-lle name of any person is added to the register
u i ~ d e rthis section, the Magistrate shall give notice i n the prc-.
scribed manner30 the pcrson concerned-,
(0.)to appear before hi111 or a n authority appointed by
h i m i n this beha,lf a t a tiille apd ])lace therein
s~ecified3 ,,.
., - , .. .:.- . . , - ..- ! -=,
.B . . . ' , ! .. ...,,:
v
-- - -
*
1924;I - CCFi%m5mm.7------ - 1-
,
P@ (6) to give to him or such authority such information-as
1 -
may be necessary to enable the entry to be made;
and
- t
( c ) to allom; his finger-impressions to be recorded.
& 8. Any person deeming himself aggrieved by any entry entries Complaiuta of ,
in
made, or proposed to be made, in such register, either when regkter.
3 the register is first made or subsequently, may complain to the I
(i District Magistrate against such entry, and the Magistrate
1
I
shall retain such person's name on the register, or enter it !
!.
therein or erase it therefro~ii,as he may think fit.
9. The Distlqict Magistrate or any officer empowered by Power to take
finger-imptes-
him in this behalf may at any time order the finger-impres- ;h~ at WY
siona of any registe+ed member of a criminal tribe to be taken.
y 10. The Local .Government may, by notification i n the be,
local official Gazette, issue in respect of any criminal tribe [Link] them-
! selves or notify
either or both of the following directions, namely, that every residence.
k'i registered meinber thereof shall, i n the prescribed manner,
( a ) report himself a t fixed intervals;
( h ) notify his place of residence and any change or
intended change of residence, and any absence or
intended absence from his residence.
R e s t r i c t i o n of m,ozlentents c ~ fC r i m i n n l Tvihc.~
11. ( I ) .If the Local Government considers that it is expe- Power
restrlcttomove- -
dient that any criminal tribe, or any part or member of a ~.~~~$~al
tribes.
criminal tribe, should be-
(a) restricted in its or his movements to any specified area,
01-
(b) settled in any place of residence, the I,ocal Govern-
~ n c n t q n y , by notification i n the local official
Gazette, declare tliat such criminal tribe, part or
meinber, as the case lnay be, shall be restricted in
its or his niovei~ientsto the area specified in the
notification, or shall be settled i n [Link] place of resi-
dence so specified, as the case may be.
(2) Befo_remaking any such declaration, the Local Govern-
ment shall consider the followilig matters, namely :-
( i ) the nature and the-circumstances of the offences in
~ybiclk ilie il~embersaf the ~ r i m i n a ltribe or part
e - - .
-
- -, - - "--
-.---- -- - - -
Gp?k?vi-b~t.~
-
34924
* ---.
or the indi'vidual member, as the case may be, are
or is-believed to have been concerned;
(ii)whether the criminal tribe, part or, member follows
any lawful occupation, and wheth'er such occupa- iI
tion is a real occupation or merely a pretence for the
i
purpose of facilitating the commission of crimes; 4
b
(iii)the suitability of the restriction area, or of the place
. of residence, as th'e case may be, which it is pro-
posed to specify in the notification; and
(iv)the manner-in which it is proposed that the persons
to be restricted or settled shall earn their living
within the restrictioh area or in the place of resi-
dence, and the adequacy of the arrangements which
are proposed therefor.
Power to vary
12. The Local Government may by a like notification vary
or place of resl- t he terms-of any notification issued by i t under section 11 for
dence.
the purpose of specifying another restriction area or another
place of residence, as the case may be, and any officer em-
powered in this behalf by the Local Government may, by
order in writing, vary any notification made under section 11
or under this section for the purpose of specifying another
restriction area, or, as the case may be, another place of resi-
dence, in the iame district.
Power of Local
Government to 13. Any notification rnade by the Local Government under
~ ~ ~ ~ section , " ~ 1~1 or~ section
" , t 12 ~ may specify, as the restriction area
another
province.
in or as the place of residence, a n area or place situated in any
other province, provided that the consent of the Local Govern-
ment of that province shall first have been obtained.
Verlflcation of 14. Every registered member of a criminal tribe, whose '
presence of
members of
+,ribewithin pre. inovements have been restrictred or who has been settled in a
scribed area or
place ofresi-d place of residence in pursuance of any notification under sec-
dence.
tion 11 or section 12, shall attend a t such place and at siich
time and before such person as inay be prescribed in this
behalf,
\
~ ~ ~ $ ~ ~ , O ~ r $ i -
15. (1) Where, in pursuance of any such notification, an?
lneniber of a criminal tribe is restricted in his movements to --
hom one pio-
or dLstllCt a n area, or is settled in a place of residence, situated in a pro-
to anotlier.
vince other than that by the Ijocal Government of which t%e
notification under section 3 relating t o the criminnl trilnc mns ,
issued, all the provisions pf this Act and the rules made there-
-
-
under shall apply to him as if the notification under section 3 1
had been issued by the Local Government of such ot,her
province. I \
(2) 1f any crikinal tribe, or any part of a criminal tribe,
which has been registered under section 4 in any district, or
any member of such tribe or part, is restricted in it; or his
movements to an area, or is settled in a place of residence,
situated. in another district (whether ill the same province or
not), the register or, as the case may be, the relevant entries
or entry therein shall be transferred to the Superintendent
of Police of the last mentioned district, and all the provis'
.]on5
of this Act and the rules made thereunder shall apply as if
the criminal tribe or part had been registered in that district,
and tho District Magistrato of that district shall have power
to cancel any exemption granted under section 5.
S e t t l e m e n t s and Schools.
\ 10. The Local Government may establish industrial, agri- tribe
Power to place
in set-
F cultural or reformatory settlements and may order t o be placed tlement.
>
in aqy such settlement any criminal tribe, or any part or
member of a criminal tribe, in respekt of which or of whom
E
a notification has been issu6d under section 11:
i. Provided that no such order shall be made unless the neces-
sity for making it has been established to the satisfaction of
the Local Government, after gn inquiry held by such autho-
f
I rity and in such manner as may he prescribed.
17.(1) The Local Government may establish industrial, :;",nipalce
t agricultnural or reformatory schools for children, and may school@and to
apprentice
F order to be separated and removed from their parents or p a r - them.
dians and to be placed in any such school or schools the
I children of members of any criminal tribe or part of a criminal
i tribe, in respect of which a notification has been issued under
'
C
section 11.
-
?
5'
( 2 ) For every school established under sub-section ( I ) , a
Superintendent shall be appointed by the Local Governmeut.
; ( 3 ) The provisions of sections 18 to 22 of the Reformatory
c 1 VIII of 1897.
. Schools Act, 1897, shall, so far as may be, apply in the cas:!
of- every school for children established under this section as
if the Superintendent of such school mere a Superintendelil.
-- - - - -
-
-. - 2
*
+ 9 .
---- .----
< ,
--
~ T & $ ? , j p p ~ - T -+ 'Pf924. -- *--
-
and th6 children placed in such'school mere youthful offenders .
within the meaning of that Act.
-(4) For the purposes of this section the term " children "
includes all persons under the age of eighteen and above the
age of six years. .
(5) The decision of the District Magistrate as to the age
of any person for the purposes of this section shall be final.
Power to dis- 18. The Ilocal Government or any officer authorised by i t
charge or trans-
fer persons from in this behalf may a t any time, by general or special- order,
' settlement or
direct any person who may be in any industrial, agricultural
or reformatory settlement cr school in the province,-
I (a) to be discharged, or
D (7,) to be transferred to some other settlement or school in
the province.
B "
&@- Power to direct 19. Any order made under section 16, section 17 or section
~,"J~t~z"~- 18 may specify as the settlement or school in which any per- -
schoolln
Brittsh India son is 10 be placed or to which he is to be transferred, as the
for 'emptiofl Of case may be, any industrial, agricultural or reformatory settle-
persons.
inent or school in any other province, provided that the
[
'
consent of the Local Government of that province shall first
have been obtained.
F
Rules.
Power to make
20. (I) The Local Government may inalre rules to carry
roles. out the purposes and objects of this Act.
( 2 ) I n particular and without prejltdice $0 the generality
of the foregoing power, such rules may provide for or
-
regulate-
( a ) the form and conteilts of the register referred to in
section 4;
(13) the manner in which the notice referred to in section
5 shall be published and the means by which the
persons whom it concerns, and the village-head-
men, village-watchmen and landowners and ocrw-
piers of the village in which such persons reside,
and the agents of such landowners or occupiers,
shall be informed of its publication;
(G) the addition of names to the register and the erasure
of names therein, and the mode i n which the notice
6
-- -
sk
'> .
\ - referred to in sub-section (2) of section 7 shall li76
given ;
. (d) the manner in which persons mentinned i n section
1Qshall report themselves, or notify their residence
or any change or intended change of residence, or
any absence or intended absence;
.._[e! [he nature of the restrictions to be observed hy per-
sons whose pnovements have been restricted by
notifications under section 11 or section 12;
(f) the circumstances i n which members of a criminal
trihe shall be required to possess and produce for
inspection certificates of identity, and the manner
in which such ~ert~ificates shall be granted;
(9)the copditions as to holding passes under which per-
sons may be permitted to leave the place in whi'c'ch
they are settled or confined, or the area to which
their movements are ~qestricted;
(h) the conditTons to be inserted in any such pass in
regard to-
&
(i) the places where the holder of the pass mar gci
or reside;
Ei
(ii) the persons before whom, from time to time, he
shall be bound to present himself; and
(iii) the time during whicli he may absent himself;
(i)the place'anii time a t which, and the persons before
whom, nleinbers of a criminal tribe shall attend in
accordance with the provisions of section 14;
( j ) the authority by whom and the manner in which the
inquiry referred to in section IG shall be held;
(k) the inspcctioii of the residences and villages of any
crimihal tribe ;
(I) the terms up011 urhich registered members of crilni~ial
tribes lllng be discharged from the operation of this
Act;
E (7n) the n~anage~iient, contiol and supervision of inclus-
Fb t(ria1, agricultural or reforlliatory settlellientfi end
schools ;
5-
~ ; 2 ( . ? I ) the works on which, and the hours during which,
k pcrsous ylaccd in an industrial, agricultural 01,
7
- reformatory settlement shall be employed, the rate '
at which they shall be paid, and 'the dispoial, for
the benefit of such persons, of the surpl~isproceeds
of their labour; and
(o) the discipline to which persons endeavouring to escape
from any industrial, agricultural or reformatory
settlement or school; or otherwise offending against
the rules for the tiine being in force, shall be sub- ,
ject, the periodical visitation of such settlemenj or
school and the removal from i t of such persons as "
it shall seeiii expedient to remove.
21. Whoever, being a member of a criminal-tribe, without
lawful excuse, the burden of proving which shall lie upon
him,-
( a ) fails to appear in compliance with a notice issued
under section -5 or section 7, or
(b) intentionally olnits to furnish any information re-
quired under either of those sectio~~s, or,
(c) when required to furnish information under eithkr
of those sections, furnishes as true any information
,
which he knows or has reason to believe to bc false,
or
( d ) ~efusesto allow his finger-impressions to be taken by
any person acting under an order passed Gnder
section 9,
!nay he arrested without warrant, and shall be punishable
with imprisonment for a term which rnay extend to six months,
ur with fine which may extend to two hundred rupees, or wilh
both.
22. (1) IVhoever, being a registered lnernber of a crimi-
' nal tribe, contravenes a rule made under clause ( e ) , clause ( 9 )
or clause (h) of section 20 shall be punishable with impr;ison-
~ n c a tfor a tern1 which may extend,-
(a) on a first conviction, to one year,
(b) on a secoild conviction, to two years, and
( c ) on nriy subscqnent conviction, to three years,
or with fine which may extend to five hundred rApees, or with
both.
F (2) whoever, being a registered member of a criminal ,
k
tribe, contravenes any other rule made under section 20 shall
be punishable,- . - --
(a) on a first conviction, with imprisonment for a term
which may extend to six months, or with fine which
may extend to two hundred rupees, or with both;
\
, and
(h) on any subsequent conviction, with imprisonment for .
- a term which may extend to one year, or with fine
k which may extend to five hundred rupees, or with
. both.
(3) Any person who commits or is reasonabiy suspected of -
having committed an offence made punishable by this section
which is not a cognizable offence as defined in the Code of
Criminal -Procedure, i898, may be arrested without a wairant
by any officer in charge of a police-station or by any police-
officer not below the rank of a sub-inspector.
23. :(I) Whoever, being a member of any criininal tribe Epunishment
nhanced
+nd having been convicted of any of the offences under the ~offences
O certain
I
membersby of
1ndian Penal Codc specified in Schedule I, is convicted pf the cr~rninal
. tdbe
same or of any other such offence shall, in the absence of after previous
conviction.
special reasons to the contrary which shall be stated i n the
judgment of the Court, be punished,-
(a) on p second conviction, with irr;lprisonment for a
term of not less than seven years, and
(h)*on a third or any subsequent conviction, with trans-
portation for life :
Provided that not more than one, of any such convictions
whidh may have occurred before the first day of March, 1911,
shall be taken into account for the purposes of this sub-sec-
tion.
(2) Nothing in this section shall affect the liability of such
person to any further or other punishment to which he may be
liable under the Indian Pcnal Code or any other. law.
24. Whoever, being a registered member of any criminal registered
Punishment for
tribe, is found in any place under such circumstances as to members of
criminal tribe
satisfy the COU+~,-- sos~lcious
found undercir-.
cumStanoes.
(a) that he was about to commit or aid in the com~nission
of, theft or robbery, or .
may be arrested without warrant by any police-officer, village-
. . ,
. headman- or ~ i l l a ~ ~ ~ m a t c h mand
a n ,may be- taken before a -
Magistrate, who, on proof of the facts, shall order him to be
removed to. such area o r place or to such .settlement-or s c h o o ~
as the case may be, there to be dealt with in accordance with
' . . ' this
. . Act or any. rules made thereunder. . , . .
( 2 ) The rules for the time being in force for .the removal
of prisoners shall apply to all persons removed under this-
.sectlion dr under any other provision of this Act:
Provided that an order from the Local Government p r from
the Inspector-General of Prisons shall not be necessary for-
the removal of such persons.
26. ( I ) ,Every-village-headmag and village-watchman i n a
viilage-wat&- village in which any members of a criminal tribe reside, and
men and ownela
vupte,lsof every oTvner or occupier of land on which any such persons
informa-, reside, and [Link] agent of any such owner or occupier, shall
forthwith comniunicate to t h e officer in ,charge of the nearest
police-station any informati011 which he may [Link] of-.
( a ) the failure of any such pei-son to appear and give
:
-2-
information when required to d o so. by a notice
issued under section 5 ; or
(b) the departure of any registered member of a criminal
. .. 'tribe fr,om such. village ,or' from such. land, as the
. .
case may be.
10 \
9
( 2 ) Every _ vilAa-$~-hqadpla~and village-matchmail ia ri
-- yilhge, aha etery owner 6r occupier of lapd and the agent,
of any such owner or, occupier, shall forthwith communicate
t o the officer in charge of the nearesbpolice-station -any infor-
mation which he may obtain of the arrival a t such village or
on such land, as the case mav be, of any persons w6o may,
reasonably be suspected of being members of any criminal
tribe.
27. Any village-headman, village-watchman, owner or
'
occupier of land, and the agent of any such owner or occupier, &,":of_snc'l
who fails to comply with the requirenzeilts of section 2G, shall
'
be deemed t o have committed a n offence punishable under the
xr,voiIsao. first part of section 176 of the Indian Penal Code.
28. The Local Governi~ient,if it i s satisfied that adeqnate POW to dr-
port certaln
p~.ovisioixhits been r~vadeby the law of any State in India for oriminal tlibes
to States In
the restriction of the inovements or the settlement in a place India.
of reiidencc of persons such as are referred to in section 3,
and for securing the welfare of persons so restricted or settled,
may, with the consent of the Prince or Chief of that State,
' direct the removal to that State of any criminal tribe, or part
of a criminal tribe, for the time being in the province, and
. may authorise the taking of all measures necessary to effect
such removal :
Provided that no person shall be so removed if the Locnl
c Government is satisfied that he i s a subject of His Majesty.
&
. . .
Sz~ppZenteataZ. - . .
. . I
29. No Court shall question the [Link] of any notifioa- ~ a otjurisaic-
r !
tion of Courts
tion issued under section 8,seetion 11, or section 12, on the in,;;ggr-
ground that the provisions hereinbefore contained or anp am notjflon-
them hive not been complied with, or shall entertain in any
ji0r.n mhatever the question whether they have been. coinplied
Gith; but every such notification shall be conclusive proof
that i t has been issued -in accordance with law.
. .
.,.A
,- ..
80. The enactments lnent,ioned in- Schedule IS: are htireby Repeals.'
g:. ; f e ~ e a l e [Link] the extent sliecified in the fourth coluinn' thereof.
!p
k,. . .
;:.$;
k. :
g.
Ir:?' . 2
I 19
1: ....
..
g.; :
,
- ...
-- . . ,
i
I
I
!
!
i I
I ,
I
I
i
' 231. Counterfeiting coin.
232. Counterfeiting Queen's coin.
233. Making or selling instrument for counterfeiting coin.
234. Making or selling instrument for counterfeiting
Queen's coin.
235. +Possession of instrument or material for %he purpose
of using &he same for counterfeiting coin.
239. Delivery of coin, possessed with the knowledge that it
is counterfeit.
\ 240. Delivery of Queen's coin possessed with the knowledge
that it is counterfeit.
242. Possession of counterfeit coin by a person who knew I
it to be counterfeit when he became possessed i
thereof. *
243. Possession of Qucen's coin by a person who knew i t to
be counterfeit when he became possessed thereof.
CHAPTER - X V I .
299. Culpable homicide.
307. Attempt to murder.
308. Attempt to commit culpable homicide.
- 310. Being a thug.
322. Voluntarily causing grievous hurt. - t
324;. Voluntarily causing h u r t by dingerous weapons or
means.
326. Voluntarily causing grievous hurt by dangerou*
weapons or means.
\
/
327. Voluntarily causing hurt to extort property or to
constrain to an illegal act.
i2 t
- - --
rr, \:
' I
' I
L'~ I
t
1924.1 Crimidal Tribes,
i.
I .
SECTIONS. -
-
I $28. C n ~ ~ s i nhurt
g by means of poison, etc., with intent t t ~
r ' commit an offence.
1k 329. Valuntarily causing grievous hurt, to extort propcrtty --&
or to constrain t o an illegal act.
i
b 332. Voluntarily causing hurt to detcr public servant from
his duty.
333. Voluntarily causing grievous hurt to deter public ser-
vant from his duty. B
1
369. Kidnapping child under ten-years with intent t o steal
from its person.
CHAPTER XVII.
I
382. Theft after preparation made for causing death, hurt
or restraint, in order to the committing of the theft.
383. Extortion.
385. Piittinv person in fear of injury in order ho commit 1
extortion.
I
386. Extortion by putting a person in fear of death or
grievous hurt. ,. 1
I
387. Putting person in fear of death or of grievous h u r t in
order to commit extdrtion.
390. Robbery.
I
391. Dacoity.
393. Attempt to commit robbery. 1
394. Voluntarily causing hurt in committing robbery.
397. Robbery or dacoity, with attempt t o cause death or
1
1
grievous hurt.
398. Attempt to comirlit robbery or dacoity when armed
\ .
with deadly weapon. .
399. Malring preparation to coililllit dacoity.
402. Assellihling for purpose of coi~imitt~ing aacoity.
457. Lurlring house-trespass or liouse-b~ealringby night in
order t-o the conilnissiou of an offence punishable
with iinprisoninent. I
1 13
, restraint. , , . . ,
\ *
459. Grizvous hurt caused whilst committing lurking house-
trespass or house-breaking. '
460. A11 persons jointly concerned in lurking house-trespass
or house-brealring by night punishable where death
or grievous hurt caused by one of them.
SCI%I~'~DUTJIJE
11.
a
%
;
(See section 30.)
year. I Number. 1 Short title. 1
1
Extent of repesl.
The CriminalTribes Act, So much of the Act as has n o t
been repealed.
The Repealing and So m;c% of Schedule IJ as
Amending Act, 1914. relates t o the Criminal Tribes
Act, 1911.
XI The Repealing an& Am- So much of Schedule I as re-
ending Act, 1915. lates t o the Criminal Tribes
Act, 1911. L
I.
X X X V I I I The Devolution Act, 1920 So much of Schedule I as
rdates t o the Criminal
Tribes Act, 1911.
I The Criminal
(Am6ndtnent)
1923.
Tribes
Aot,
1 The whole Act.
.