British Statutes (Application To India) Repeal Act, 1960

Act No. 57 of 1960

[26th December, 1960]

An Act to repeal certain British statutes in their application of India.BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:-

1. Short title.- This Act may be called the British Statutes (Application to India) Repeal Act, 1960.

THE SCHEDULE

2. Repeal of certain British statutes in their application to India.- The British statues specified in the Schedule, in so far as they extend to, and operate as part of the law of, India or any part thereof, are hereby repealed.

3. Savings.- For the removal of doubts, it is hereby declared that the repeal by this Act of any British statute shall not affect the operation of any such statute in relation to India and to persons and things in any way belonging to or connected with India in any country to which the India (Consequential Provision) Act, 1949 (12, 13 and 14 Geo VI, c.92), extends.

(See section 2)

BRITISH STATUTES REPEALED IN THEIR APPLICATION TO INDIA

No. 7 – The Habeas Corpus Act, 1679 No. 47 – The Habeas Corpus Act, 1862 Note.- “According to the Law Commission itself, there is no room for the application of these Statutes since the commencement of our Constitution and the procedural provisions relating to this remedy in India will now be laid down by the Supreme Court and the High Courts under their rule-making powers. The Commission has stated that this power is subject to legislation and that the question whether legislation should be undertaken for ensuring uniformity is for consideration.Having regard to the provisions of Article 226 of the Constitution and also of Section 491 of the Code of Criminal Procedure, 1898, which empower the High Court to issue directions of the nature of Habeas Corpus and to the other provisions contained in the Code with regard to bail, it is considered unnecessary to keep these British Statutes in force in India any longer”.- S. O. R.No. 16 – The Prisoners of War (Escape) Act, 1812 Note.- “This Act deals with the punishment of persons aiding or assisting prisoners of war to escape from Her Majesty’s Dominions. The Law Commission has stated that in India Section 130 of the Indian Penal Code provides the corresponding law and that this Statute may therefore be dispensed with. The Commission has added that the provision in Section 3 of this Statute which deals with the offence committed on the high seas should be imported into the Indian law.As Sections. 128, 129 and 130, of the Indian Penal Code contain ample provisions in this behalf and as special provisions are likely to be made regarding prisoners of war during an emergency (see in this connection Rule 28 of the Defence of India Rules, 1939), it is considered that there is no need to have any special enactment at present for replacing this British Statute”. – S.O.R.No. 23-(1) The Evidence on Commission Act, 1831.No. 27-(2) The Debtors (Ireland) Act, 1840.No. 38-(3) The Foreign Tribunals Evidence Act, 1956.No. 40-(4) The Evidence by Commission Act, 1859No. 81-(5) The Evidence by Commission Act, 1885. Note.- “While the first, second, fourth and fifth Acts contain provisions for examining witnesses on commission, the third Act enables a Court in Her Majesty’ Dominions to examine witnesses in relation to civil or commercial matters pending before foreign tribunals upon an application made in that behalf, supported by the certificate of the diplomatic agent of such foreign country. In regard to civil cases, the provisions of sections 77 and 78 and Order 26, rules 5 and 19 to 22 of the First Schedule of the Code of Civil Procedure, 1908, may be referred to regarding criminal cases, Chap. XL of the Code of Criminal Procedure, 1898. contains provisions relating to commissions for examining witnesses. Having regard to these provisions, it seems unnecessary to retain these Acts on the Indian statute book any longer. It is, therefore, proposed to repeal them”. -S.O.R.No. 27-The Debtors (Ireland) Act, 1840Note.- Sec under No. 23.No. 32-The Naval Deserters Act, 1847No. 33-The Portuguese Deserters Act, 1849No. 63-The Statute Law Revision (Substituted Enactments) Act, 1876.Note. – “The first Act provides for the apprehension of deserters from the British Navy and the second Act gives effect to the treaty between the U.K. and Portugal and provides for the apprehension of deserters from Portuguese vessels, if found in India or in any Dominion port on the application of the Portuguese Counsul. The extant section of the third Act provides how the penalty imposed by the second Act is to be recovered. After examination, it is felt that it is unnecessary to retain these Statutes and that they may he repealed”. -S.O.R.No. 33-The Portuguese Deserters Act, 1849Note.- See under No. 32.No. 37-The Registration of Births, Deaths and Marriages (Scotland) Act, 1854.No. 130-The Registration of Births, Deaths and Marriages (Scotland) Amendment Act, 1910. Note. – “The Law Commission has included the first Act in the list of enactments with respect to which legislation in India appears to be prima facie necessary.The only section in the Act which is applicable in India is section 58 and it provides that every extract of an entry in the register of births, deaths and marriages in Scotland shall be admissible in all parts of Her Majesty’s Dominions without further proof. This law makes provision in respect of one country only and even then in respect of only a part thereof. The ordinary law of evidence may be allowed to operate to prove all foreign births, deaths and marriages and so these Acts are being repealed”. – S.O.R.No. 38 – The Foreign Tribunals Evidence Act, 1856Note.- See under No. 23No. 40 -The Evidence by Commission Act, 1859Note.- See under No. 23.No. 43-The Malicious Damage Act, 1861Note.- “This Statute penalises the act of maliciously setting fire to, or casting away or otherwise destroying a ship or vessel. The Law Commission has stated that such a provision is necessary for India and may be inserted in the Indian Penal Code. The provisions of sections 425, 437, etc., of the Indian Penal Code seem to be sufficient for our present purposes. The Law Commission is also examining the Indian Penal Code. In the circumstances, it is proposed to repeal this Statute”. – S.O.R.No. 45 – The Domicile Act, 1861Note. – “The Law Commission, while stating that this statute as such is not necessary, has added that the point whether similar legislation is required with respect to the relations of India with foreign States, may be considered. It is felt that this Statute may be repealed for the present and that the point raised by the Commission may be pursued separately later on, if necessary”.-S.O.R.No. 47-The Habeas Corpus Act, 1862Note.- See under No. 7.No. 53-The Documentary Evidence Act, 1868No. 74-The Documentary Evidence Act, 1882No. 100-The Documentary Evidence Act, 1895 Note.- “These Statutes provide how certain documents are to be proved and penalise the art of forging such documents. The Law Commission, while stating that if these provisions are to be retained they may be included in the Indian Penal Code and the Evidence Act. 1872, has not stated that such provisions are really necessary. Both the Indian Penal Code and the Evidence Act, 1872. are under examination by the Law Commission, and these Statutes may be repealed for the present”. – S.O.R.No. 63-The Statute Law Revision (Substituted Enactment) Act, 1876Note.-See under No. 32.No. 81- The Evidence by Commission Act, 1885Note.- See under No. 23.No. 74- The Documentary Evidence Act, 1882Note.- See under No. 53No. 100 -The Documentary Evidence Act, 1895Note.- See under No. 53.No. 130 -The Registration of Births, Deaths and Marriages (Scotland) Amendment Act, 1910Note.- See under No. 37.No. 223-The Treachery Act, 1940 Note. – “This Act was a war time measure which applied only to acts done until February, 1946. Treachery, according to this Act, is the doing of any act with intent to help enemy operations or to impede the operations of His Majesty’s Forces. The first part of the above provision seems to be covered by section 121 of the Indian Penal Code. Further, it may be assumed that if any emergency arises during which special provisions have to be made to deal with treacherous acts. necessary steps would be taken in that behalf. This Act may, therefore, be repealed”. -S.O.R.