Amendment of Sections 222 and 223.

8. Sections two hundred and twenty-two and two hundred and twenty-three of the said Code shall be construed as if, after the word 'offence,' the following words were inserted (that is to say), "or lawfully committed to custody;"

And Section two hundred and twenty-two of the said Code shall be construed as if the following words were added thereto (that is to say), "or if the person was lawfully committed to custody."

9. After Section two hundred and twenty-five of the said Code, the following Section shall be inserted :

"225A.

Escape from

custody for fail

ing to furnish security.

Whoever escapes or attempts to escape from any custody in which he is lawfully detained for failing, under the Code of Criminal Procedure, to furnish security for good behaviour shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

10. After Section two hundred and ninety-four, and before Chapter XV of the Indian Penal Code, the following Section shall be inserted.

Keeping lottery office.

"294A. Whoever keeps any office or place for the purpose of drawing any lottery not authorized by Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

"And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing any thing for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number, or figure in

any such lottery, shall be punished with fine which may extend to one thousand rupees.

11. Section three hundred and seven of the said Code shall be read as if the following clause were added thereto :

Attempts by

"When any person offending under this Section is under sentence of transportation life-convicts. for life, he may, if hurt is caused, be punished with death."

12. After Section three hundred and four of the same Code the following Section shall be inserted :

"304A. Whoever causes the death of any Causing death person by doing any rash or negby negligence. ligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

Application of

13. The following Chapters of the same Code, namely, IV (General Exceptions), certain chapters V (Of Abetment), and XxXÍII (Of of Penal Code. Attempts to commit Offences), shall apply to offences punishable under the said Sections 121A, 294A, and 304A, and the said Chapters IV and V shall apply to offences punishable under the said Sections 124A and 225A.

Order of local Government

ne

14. No charge of an offence punishable under any of the said Sections 121A, 124A and 294A shall be entertained by any Court unless the prosecution be instituted by order of, or under authority from, the Local Government.

cessary to prose

estion under See

tion 121 A, 124 A

or 2944.

Saving of spe

Tawx

15. Nothing contained in this Act ami local shall be taken to affect any of the provisions of any special or local law.

SCHEDULE IV.

EXPLANATORY NOTES.-1st.-The entries in the 2nd and 6th columns of the Schedule, headed respectively "Offence' and "Punishment under the Indian Penal Code," are not intended as definitions of the offences and punishments described in the several corresponding Sections of the Indian Penal Code, or even as abstracts of those Sections, but merely as references to the subject of the Section, the number of which is given in the 1st column.

2nd.-The term "Whether bailable or not," in column 5, is to be taken in connection with the provisions of Sections 388 and 389 of this Code. 3rd.-Offences may be tried by a Court superior to the Court specifically mentioned in column 7. For example, a Court of Session may try an offence entered in column 7 as triable by a Magistrate.

4th.-The words "any Magistrate," as used in column 7, shall include any Magistrate of the 1st, 2nd or 3rd class.

5th.-In the territories in British India to which the General Regulations of Bengal, Madras, and Bombay do not extend, the powers given by this Act shall be exercised by such officers as the Local Government of those territories respectively shall appoint.

6th.-The last part of the Schedule, headed "Offences against other Laws," shall not be taken to alter or affect any special provision contained in such laws regarding the procedure to be followed in the case of offences made punishable thereby.

7th.-The direction in column 4 is meant to indicate to Magistrates the manner in which the discretion vested in them by Sections 148, 149, and 150 is commonly to be used, but it is not to affect the definition of summons cases and warrant cases given in Section 4.

as The same punishment as for the By the Court warrant the offence offence abetted. summons abetted is may issue for bailable the offence not. abetted.

OF ABETMENT.

OFFENCES AGAINST THE STATE.

CHAPTER VI.-OFFENCES AGAINST THE STATE.

121 Waging or attempting to wage war, or abet-Shall ting the waging of war against the Queen.

not arrest Warrant. without warrant.

Not bailable.

Death, or transportation for life, Court of Sesand forfeiture of property. sion.

iii