[Act 24 of 1852] [14th May, 1852] Repealed by Act 13 of 1864 Passed by the Governor General of India in Council,
on the 14th May, 1852. For amending and explaining Act XIV., 1839, and for
the better prevention of Crimping. For the amending and
better understanding of Act XIV., 1839, and for the better, prevention of the
offence of crimping as hereinafter defined. It is declared and enacted as
follows: Any
person who by force or fraud, unlawfully detains in any place or decoys to any
place any Native of India, with intent to force or prevail upon him to enter
into any service, or contract for service to be performed out of the
Territories under the Government of the East India Company into which he was
not minded to enter, without such force or fraud, or who, by means of false
imprisonment, intoxication, intimidation, force or fraud, causes any Native of
India to enter into any such service or contract for service, or who attempts,
by force or fraud or by any false promise, pretence or representation, to cause
any Native of India to depart either by land or water from the Territories
under the Government of the East India Company, is a crimp, and guilty of
crimping, within the meaning of this Act. The
departure of any person out of the Territories under the Government of the East
India Company, by land or water, is Emigration from the said Territories within
the meaning of Act XIV., 1839, and of this Act. After
the passing of this Act no person shall be liable to the penalties of Act XIV.
1839, for making, in good faith, any contract with any Native of India, for
labor to be performed in any Foreign Settlement on the mainland of India, or
for knowingly abetting or aiding any Native of India in emigrating from the
said Territories to any such Foreign Settlement. Provided that if any person
shall make any contract with any Native of India for service or labor to be
performed by such Native out of the Territories under the Government of the
East India Company, or cause any Native of India to depart from the Territories
under the Government of the East India Company, or knowingly aid or abet such
Native of India in emigrating from the said Territories to any such Foreign
Settlement with intent that such Native shall afterwards depart from India,
such person shall be deemed to be a crimp and guilty of crimping within the
meaning of this Act, and proof of the subsequent departure of such Native from
India, from any place out of the Territories under the Government of the East
India Company within the period of six months from the time of the departure of
such Native from the said Territories under the Government of the East India
Company, shall be prim? facie evidence
of such intent. Every
crimp within the meaning of this Act is liable to be imprisoned for a term not
exceeding six calendar months, and to pay a fine not exceeding five hundred
rupees. Every
person who shall, by means of intoxication, false imprisonment, or
intimidation, or by means of any false promise, pretence or representation,
force or decoy any Native of India out of the Territories under the Government
of the East India Company, or fraudulently cause any such Native to depart from
the said Territories shall be liable to be imprisoned for a term not exceeding
three years. In
every case in which, under this Act imprisonment may be ??? any offence it
shall be lawful for the Court, who may award such imprisonment, to sentence the
offender to be kept to hard labor during the whole or such period or periods of
such imprisonment as to such Court shall seem meet. In
every case in which an offender shall be liable to be imprisoned under Section
II., Act XIV., 1839, such offender shall be liable to be imprisoned, or
imprisoned and kept to hard labor for a term not exceeding three months for
every Native contracted with, provided that such imprisonment shall not in any
case exceed six months for any one offence. In
every case in which any person shall commit an offence under Section II., Act
XIV., 1839, as explained and amended by this Act, after having been previously
convicted, either before or after the passing of this Act, of an offence under
that Section, such person shall be liable, upon conviction before a criminal
Court of competent jurisdiction, to be imprisoned, or imprisoned and kept to
hard labor for any period not exceeding one year, and in every indictment,
information or other proceeding for such an offence committed after such
previous conviction, it shall be sufficient, after describing the offence, to
state that the offender was at a certain time and place convicted of an offence
under Section II., Act XIV., 1839, without otherwise describing such previous
offence or conviction, and a certificate of the previous conviction, purporting
to be signed by the Officer having the custody of such previous conviction, or
by the deputy or legally authorized Assistant of such Officer, shall, with
proof of the identity of the person of the offender, be sufficient prim? facie evidence of the
first conviction, without proof of the signature or official character of the
person appearing to have signed such certificate. The
term ?Magistrate? in Act XIV., 1839 shall extend to Joint Magistrates and
persons lawfully exercising the powers of a Magistrate. Crimping Act, 1852 [Repealed]