CHAPTER IV
PENALTIES
21. Blockade of hostile pr unfriendly tribe.
In the event of any frontier tribe, or of any section or members of such tribe, acting in a hostile or unfriendly manner towards the British Government or towards persons residing within British India, the Deputy Commissioner may with the previous sanction of the Commissioner, by order in writing, direct.
the seizure, wherever they may be found, of all or any of the members of such tribe and of all or any property belonging to them or any of them",
the detention in safe custody of any person or -property so seized and; the confiscation of any such property; and may, with the like sanction by public proclamation; debar all or any member of the tribe from all access into 20British India; and prohibit all or any persons within the limits of 20British India from all inter-course or communication of any kind whatsoever, or of any specified kind or kinds with such tribe or any section or members thereof.
22. Fines on Communities accessory to crime.
Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part, of a village, or any of them, have - connived at, or in any way abetted, the commission of an offence; or failed to render all assistance in their power to discover the offenders or to effect their arrest; connived at the escape of, or harboured, any offender or person suspected of having taken part in the commission of an offence; or combined to suppress material evidence of the Commission of an offence; the Deputy Commissioner may, with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole.
23. Fines on communities where murder or culpable homicide is committed or attempted. —
Where, within the area occupied by a village community or part of a village-community, a person is dangerously or fatally wounded by an unlawful act, or the body is found of a person believed to have been unlawfully killed, the members of the village community or part there of shall be deemed to have committed an offence under Section 22,unless the headmen of the village-community or part thereof can show that the members thereof –
had not an opportunity of preventing the offence or arresting the offender; or have used all reasonable means to bring the offender to justice.
24. Recovery of fines. —
Fines imposed under Section 22 4th all in default of payment, be recoverable as if they were areas" of land revenue due by the members of the community or part thereof upon whom the fine is imposed.
25. Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime. —
Where a village-community or part of a village-community has become liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part, and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community unity or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.
26. Forfeiture of public emoluments etc. of persons guilty of serious offences or of conniving at crime. —
Where it is shown to the satisfaction of the Deputy Commissioner, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence, or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, 'to render loyal and proper assistance to the authorities to the best of his ability, the Deputy Commissioner may, in addition to. any other penalty to which such person may be liable under any law for the time being in force, direct the, forfeiture, in whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be.
Explanation. — For the purposes of this section the expression "serious offence" means any offence punishable with transportation or with imprisonment a term which may extend to three years or more..
27. Powers to direct forfeiture. —
Forfeiture under Section 25 or Section 26 may be adjudged by order of the Deputy Commissioner for a term, which may extend to three years, and by order of the Commissioner for any longer term or in perpetuity.
28. Powers of Provincial Government saved. —
Nothing in Sections25, 26 and 27 shall affect the powers of the 21[Provincial Government] with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or re-mission of land-revenue or of any allowance paid out of public funds.
29. Preparation to commit certain offences. –
Where a person is found carrying arms in such manner 'or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, or is found after sunset and before sunrise within the limits of any military camp cantonment or of any municipality, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both, and the arms carried by him may be confiscated.
30. Adultery. —
(1) A married woman .who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband is guilty of the offence of adultery, and shall be punishable with imprisonment for .a term which may extend to five years, or with tine, or with both.
22[(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the women or in his absence, by a person who had care of. the women on his behalf at the time when the offence was committed.]