DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
The Tamil Nadu Judicial Proceedings (Regulation of Reports) Act, 1960 Act 21 of 1960 Keyword(s):
Book, Document, Judicial Proceeding, Matrimonial Matter, Newspaper - ---- 2-j ,, - . -- . - -- .L- . , . -- k. -4 * I-- 6 1960 : T.W. Act 211 Judicial .. %. Proceedirtgs , 53 1 F: ( Regldatio n of Reports) '[TAMIL NADU] ACT No. 21 QF 1960eP THE '[TAMIL NADUJ JUDICIAL PROCEEDINGS (REGULATION OF REPORJ?S) ACT, 1960.
[Received the assent of the President on the 16th October 1960 ; $rst published in the Fart S t . George aazette on the 26th October 1960 (Kartika 4 , 138%).]
An Act to regulate the publication of reports of judicial proceedings so as to prevent tile publication of O ~ S L G L ?
or indecent matter and other matters the publication of which will not be in the public interest, in the 3[State of Tamil Nadu].
WHEREAS it is expedient to regulate in the aptate of Tamil Nadu] the publication of reports of judicial proceedings so as to prevent the publication of: obscene or indecent matter and other matters, the publication of which will not be in the public interest ;
BE it enacted i n the Eleventh Year of ' tne Republic of India as follows :-
1. ( I ) This Act may be called the '[Tamil Nado] Short title?
Judicial Proceedings (Regulation of Reports) Act, 1960. extent and commencement.
(2) It extends to the whole of the 8[Statl: of Tamil Nadu] .
These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of L a w s thdc;l, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
a For Statement of Objec ts and Reasons, see Fort St. George Gazette Extraordinary, dated the 16th April 1960, Part IV-A, VAge 14.
i This expression was substituted for the expression " State of Madras " byitthe Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amend.
ment) Order, 1969, Judicial Procec cIi~tgs [I960 : T,N, Act 21 (Regulation of Reports)
(3) 1: shall come into force on* such dale as the G o ~ e ~ i l m ~ n t may, by notification, appoint- .
~ c f i ~ ~ i t i o n s . 2. In this Aa, unless the conlcxl O ~ ~ C I ' W ~ S C r\:qttircs-
(a) 6'book" includes every volume, part or division of ;r voluine, pamphlet and leaflet, in any I~.ngui!ge ancl every sheet of music, map, chal-t or plm separately printed, cYclostyled or liihcgrsphed or othtlrw i se lnechani call y produced ;
(b) " document " includes any painting, drawing or photograph og other visible representation ;
(c) " Government" means the State Government ;
(d ) " judicial proceeding " includes any proceeding in the come of which evidence is or may be legally taken on oath ;
(e) " matrimonial matter " means any proceedlllg for dissolution or nullity of marriage, or for judicial separation, or fog restitution of conjugal rights or any proceeding for- (ij the maintenance of wife, husband or children ;
04
(ii) tlie alteration in the rate of such maintena~lc~ ;
or
(iii) the cancallation or modification of the order of, or decree fof, such maintenance ;
(f) " newspaper " means any periodical work containing p~lblic news or comments on public news.
ustriotioeg 3. (1) Notwithstanding anything contained in any law on circula- for the time being in force, no person shall print, publish 'ions prin- or circulate or cause to be printed, published or circulated.- ting or pu@cat ion of reports (a) in relation to any judicial proceeding, any 8 b of judicial indeca~t ox obs%ne matter, ar {my i n a t .&r. o h a e 3 ~ ~ ~ d k : c a l c u l i a t t d t o ~ ~ ~ r o l r ; 1 4 a I 7 * Came into force on the 301 h Mo~ernber 1 960.
t 1960 : T.N. Aet 21) Judicial P ~ o c e - din.gs 533 (Regulation Q %port:<)
(6) in relation to any matrimonial matter or ally judicial proceeding in connection with an offence under section 497 of the Indian Penal Code (Central Act XLV of 1 860), any particulars except the following particulars, r;.imely :-
(i) the nalnes of the parties ; and -
(ii) the order of the Court ;
jc) in relation to any judicial proceeding in connection with an off ance under sections 354 ,366 ,3664 366-B, 376, 377 or 498 of the Indian Penal Code (Central Act XLV of 1860) and the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956), any particulars except the foliowing particulars, namoly :- f i ) the namc, o~cup,ation and address of the accused ; and H
(ii) the order of tho court without ilisclosing tllc identity, or giving any pahculars oalculated to lead to the identification, of any person who may have heen a victim of the offence.
(2) Nothing in thi: section shall apply to the y rii~tiop of ally pleading, transcript of cvtdence or other dnnla ~ ~ . n t for usc in connection with any jutlicial proceeding the commul~icatio~~ thereof to persons conccrrled in tho proceeding or to tho printing OF publishing of any notice or report in pursuance of tlie dimctions ,,f tfle court or to the pduting or publishing of any ttcr in a separate volume or part of ally bona Jidc series of law reports or in any publication of e teclinical cbracter bbna fide intended for circulation among membcrs of t l l ~ legal or tho medical paofcssion.
4. ~f any person contravenes sub-section (1) of section Penany.
3- ((1) he shall be punishable with imprisonment fop p t ~ t m which may extend to six months, or with fine .wfcb may extend to one thousancimms, or With itboth ; sod 534 Judicial f'rnceedinp~' [1960: .T.N.Act 21 (Regulation of Reports) ( p ) any .newspaper, book or document (including all coples thereof) in respec, of which that sub-section has been contravened,( shall, by ordm of the cougt, be liable to . be forfeited to the Government. . > . , Offences 5. (1) Notwithstanding anything contaiqed in the under he Code c f Criminal -'Procedure, 1898 *(Central ' Act V of Act to be 1898) but subject to the provisions of s~b~section (2), coanizable- any ofknce under t%s Act shirllqbe deemed to be a cognizable offence within the meaning of that Code.
, (2) No court shall take cognizanc~ of any offence under this Act except with the previous sanction of tho Government.
(3) ~ d ' c o u r t below that of a** Presidency Magistrate or of a Magistrate of the First-clrss shall try 6ny offence under this Act.
Forfcil ure and sc zure 6. The provisiohs of sections 99-A, 99-B and 99-D of newspaper of the Code of Criminal Procedure, 1898 *(Central Act v etc., under of 1898) are hereby amended 8s specified in the Schedule section 99A to this .Act and the provisions of sections 99-A to 99-G of Central of the said Code &s amended as afoiesaid shall, not- Act 1898. ' Of wiihstanding anything containeol in section 4, apply ir respect of any newspaper, book or document, which appears to the Government to contain any matter in contravention of the provisions of sub-section (1) of section
3.
Savirlgs. 7. Nothing in this &L allall I ;xen~pt any person fi.0111 any procer:ding which might, apart from this Act, be brcaght against him.
- * New the Code of Criminal Procedure, 1973-(Central Act 2 of 1974)- ** ~cwlrding to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Prccedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate ofJhe first class shall be construed as a reference to a Judicial Mag~strate of the first-class and any reference to a Presidency Magistrate shall be construed as a reference t;o .a.Metropolitan Magistrate with effect on and 'from the 1st April 1974. * - .-. -. - . - . - - .
1960 : T.N. Act 211 Judicial Proceedhgs 595 (Regulation of Reports)
8. (1) The Government may, by notification, make power to - rules for carrying out the purposes of this Act. make rules,
(2) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislaturr may make either in the same session or in the ncxt session.
THE SCHEDULE.
[See sectioll 6.1 In the Code of Crialinhl Pwzc&.r,, 1898 *(Central ct V of 1898),-
(1) in sub-section (I) of section 9.3-A, after the words " appears to e State Govement to contain ", the words " in relation to any icial proceeding, any indecent or obsence matter or any i n d e n t cl-,--ene details, wl~ich would be calculated to injure public c msr~ls, or" and after the words " that is to say ", the words, braciftets, letter and figures " any matter referred to in clause (a) of subsection (1) of section 3 of the l[Tamil Nadu] Judicial F'roceedings (Regulation of Reports) Act, 1960, or" shall t e inserted;
(2) in section 99-B and in sub-section (1) of section 99-D, for the ds " seditious or other matter ", the word " matter" shall be tituted.
-- -- - - 1 These words were substituted for thb word " Madras by the amil Nadu Adaptation of Laws Order, 1969, as amended by the amil Nadu Adaptation of Laws (Second Amendment) Order, 1969. I * Now the Code of Criminal Procedure, 1973 (Cknt,ral Aa 2 of 4)-