Criminal Laws (U.P. Amendment) Act, 1961

Criminal Laws (U.P. Amendment) Act, 1961 1. Short Title. 2. 3.

The Criminal Laws (U.P. Amendment) Act, 1961

(U.P. Act No. 31 of 1961)

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An Act to amend the Indian Penal Code and the Criminal Procedure Code for certain purposes.

It is hereby enacted in the Twelfth Year of the Republic of India as follows :

1. Short Title.- This Act may be called the Criminal Laws (U.P. Amendment) Act, 1961.
2. For Section 441 of the Indian Penal Code, 1860, the following shall be substituted :

"441. Criminal trespass. - Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,

or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorised use of such property fails to withdraw from such property, or its possession or use when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,

is said to commit 'criminal trespass'."

3. In sub-section (6) of Section 251-A of the [Criminal Procedure Code, 1898],-

(a) for the full-stop at the end, a semi-colon shall be substituted; and

(b) after the semi-colon, the following shall be added :

"and shall summon the witnesses, documents or things, specified in any application, made on behalf of the prosecution before the said date, for summoning the same, unless, for the reasons to be recorded, he deems it unnecessary to summon all or any of them."