The Criminal Law Amendment Act, 1961

 
 THE CRIMINAL LAW AMENDMENT ACT, 1961 
   
 ACT NO. 23 OF 1961 
   
 [17th May, 1961.] 
   
  
           An Act to supplement the criminal law. 
  
      BE  it enacted by Parliament in the Twelfth Year of the  Republic 
 of India as follows: - 
  
  
   
 1. 
   
 Short title and extent. 
   
  
      1.   (1)  Short  title and extent.  This Act may  be  called  the 
 Criminal Law Amendment Act, 1961. 
  
      (2)  It extends to the whole of India except the State  of  Jammu 
 and  Kashmir. 
  
   
 2. 
   
 Questioning  the  territorial  integrity or frontiers of  India  in  
amanner 
 prejudicial to the interests of safety and security of India. 
   
  
      2. Questioning the territorial integrity  or frontiers  of  India 
 in a manner prejudicial to the interests of safety  and   security  of 
 India. (1) Whoever by words either spoken or written, or by signs,  or 
 by  visible  representation or otherwise,  questions  the  territorial 
 integrity or frontiers of India in a manner which is, or is likely  to 
 be,  prejudicial to the interests of the safety or security of  India, 
 shall  be punishable with imprisonment for a term which may extend  to 
 three years, or with fine, or with both. 
  
    1*[(2) Whoever publishes a map of India, which is not in conformity 
 with the maps  of India as published by the Survey of India, shall  be 
 punishable  with  imprisonment which may be extend to six  months,  or 
 with fine, or with both. 
  
      (3) No court shall take cognizance of an offence punishable under 
 sub-section (2), except on a complaint made by the Government.] 
  
   
 3. 
   
 Statements,  etc.,  in a notified area prejudicial to  maintenance  
ofpublic 



 order,  etc., therein or to safety or security  of  India  
andregulation entry 
 of persons in such area. 
   
  
      3.     Statements,   etc.,  in  a notified  area  prejudicial  to 
 maintenance of public order, etc., therein or to safety or security of 
 India and regulation entry of persons in such area. (1) If the Central 
 Government  considers that in the interests of the safety or  security 
 of India or in the public interest, it is necessary or expedient so to 
 do, it may, by notification in the Official Gazette, declare any  area 
 adjoining  the  frontiers  of  India  to be  a  notified  area  ;  and 
 thereupon,  for  so long as the notification is in  force,  such  area 
 shall be a notified area for the purposes of this section. 
  
      (2)  Whoever makes, Publishes or circulates in any notified  area 
 any  statement, rumour or report which is, or is likely to be,  preju- 
 dicial  to  the maintenance of public order or essential  supplies  or 
 services  in  the  said  area or to the interests  of  the  safety  or 
 security  of India, shall be punishable with imprisonment for  a  term 
 which may extend to three years, or with fine, or with both. 
  
      (3)  On and after such day as may be specified in, and subject to 
 any  exemptions  for which provision may be made  by,  a  notification 
 issued under sub-section (1), no person who was not immediately before 
 the said day a resident in the area declared to be a notified area  by 
 the  notification  shall  enter or attempt to enter that  area  or  be 
 therein  except  in accordance with the terms of a permit  in  writing 
 granted to him by a person, not below the rank of a magistrate of  the 
 first class, specified in the said notification. 
  
  
 --------------------------------------------------------------------- 
      1 Renumbered and ins. by Act 9 of 1990, S. 2. 
  
      Extended  to  and brought into force in Dadra  and  Nagar  Haveli 
 (w.e.f. 1.7.65) by Reg. 6 of 1963, S.  2 & Sch.I. 
  
      Extended to Goa, Daman and Diu with  modifications, by Reg.12  of 
 1962, S. 3 and Sch. 
  
      The Act comes into force in Pondicherry on  1.10.1963 vide Reg. 7 
 of 1963, S. 3 and Sch. 
  
 ---------------------------------------------------------------------- 
  
  
 756 
  
  
      (4)  Any  police officer, not below the rank of sub-inspector  of 
 police,  may  search any person entering or attempting  to  enter,  or 
 being in, or leaving, a notified area and any vehicle, vessel,  animal 
 or article brought in by such person, and may, for the purpose of  the 
 search, detain such person, vehicle, vessel, animal or article: 
  
      Provided  that  no woman shall be searched in pursuance  of  this 



 sub-section except by a woman authorised in this behalf by the  police 
 officer. 
  
      (5)  If any person is in a notified area in contravention of  the 
 provisions  of sub-section (3), then, without prejudice to  any  other 
 proceedings which may be taken against him, he may be removed 
therefrom 
 by  or  under  the  direction of any police officer  on  duty  in  the 
 notified area, not below the rank of sub-inspector of police. 
  
      (6)  If any person enters or attempts to enter a notified area or 
 is  therein in contravention of any of the provisions  of  sub-section 
 (3),  he  shall be punishable with imprisonment for a term  which  may 
 extend to one year, or with fine, or with both. 
  
   
 4. 
   
 Power  to declare certain publications forfeited and to  issue  
searchwarrants 
 for the same. 
   
  
      4.  Power  to   declare   certain  publications  forfeited and to 
 issue search warrants for the same. (1) Where any newspaper or book as 
 defined in the Press and Registration of Books Act, 1867 (25 of 1867), 
 or  any  other  document, wherever   printed,  appears  to  the  State 
 Government  to  contain  any  matter  the  publication  of  which   is 
 punishable under section 2 or sub-section (2) of section 3, the  State 
 Government  may, by notification in the Official Gazette, stating  the 
 grounds  of  its  opinion,  declare every copy of  the  issue  of  the 
 newspaper containing such matter and every copy of such book or  other 
 document  to be forfeited to the Government, and thereupon any  police 
 officer  may seize the same wherever found and any magistrate  may  by 
 warrant  authorise  any  police officer not below  the  rank  of  sub- 
 inspector to enter upon and search for the same in any premises  where 
 any copy of such issue or any copy of such book or other document  may 
 be or may be reasonably suspected to be. 
  
      (2)  The powers conferred by sub-section (1) on the State Govern- 
 ment may also be exercised by the Central Government. 
  
      (3)  In sub-section (1) " document " includes also any  painting, 
 drawing or photograph, or other visible representation. 
  
   
 5. 
   
 Application to High Court to set aside order of forfeiture. 
   
  
      5.   Application   to    High   Court   to  set  aside  order  of 
 forfeiture. (1) Any person having any interest in any newspaper,  book 
 or other document in respect of which an order of forfeiture has  been 
 made  under  section 4 may, within two months from the  date  of  such 
 order,  apply to the High Court to set aside such order on  the  round 
 that the issue of the newspaper or the book or other 



  
  
  
  
                                  757 
  
  
  
 document  in respect of which the order was made did not  contain  any 
 matter  of  such  a nature as is referred to  in  sub-section  (1)  of 
 section 4. 
  
      (2)  The  provisions  of  sections  99C to 99F  of  the  Code  of 
 Criminal Procedure, 1898  (5 of 1898),  shall apply in relation to  an 
 application  under  subsection  (1) as they apply in  relation  to  an 
 application  under  section  99B of that Code  and  the  reference  in 
 section  99D  to  seditious or other matter of such  a  nature  as  is 
 referred  to in sub-section (1) of section 99A of that Code  shall  be 
 construed as a reference to any matter of such a nature as is referred 
 to in sub-section (1) of section 4 of this Act. 
  
      (3)  No  order  passed or action taken under section 4  shall  be 
 called in question in any court otherwise than in accordance with  the 
 provisions of this section.