[Act
8 of 1870] [18th
March, 1870] Repealed by Act 48 of 1952 PASSED BY THE GOVERNOR GENERAL OF
INDIA IN COUNCIL. (Received the assent of the Governor
General on the 18th March 1870). An Act for the prevention of the
murder of Female Infants. Whereas the murder of female
infants is believed to be commonly committed in certain parts of British India; and whereas it is necessary to make better
provision for the prevention of the said offence; It is hereby enacted as
follows. If it
shall appear to the Local Government that the said offence is commonly
committed in any district, or by any class, or family, or persons residing therein,
the Local Government may, with the previous sanction of the Governor General of
India in Council, declare, by notification published in the official Gazette,
and in such other manner as the Local Government shall direct, that measures
for the prevention of such offence shall be taken under this Act, in such
district, or in respect of such class, or family, or persons. The
notification shall define the limits of such district, or shall specify the
class, or family, or persons to whom such notification is to be deemed to
apply. When
such notification shall have been published as aforesaid, it shall be lawful
for the Local Government, subject to the provisions of section three, from time
to time to make rules consistent with this Act, for all or any of the following
purposes. (1)
For making and maintaining registers of
births, marriages, and deaths occurring in such district, or in or among the
class, family, or persons to whom such notification has been made applicable;
and for making, from time to time, a census of such persons, or of any other
persons residing within such district. (2)
For the entertainment of any police force in
excess of the ordinary fixed establishment of police, or for the entertainment
of any officers or servants, for the purpose of preventing or detecting the
murder of female infants in such district, or in or among such class, family,
or persons, or for carrying out any of the provisions of this Act. (3)
For prescribing how and by whom information
shall be given to the proper officers of all births, marriages, and deaths
occurring or about to occur in such district, or in or among such class,
family, or persons. (4)
For the regulation and limitation of expenses
incurred by any person to whom such notification applies on account of the
celebration of marriage or of any ceremony or custom connected therewith. (5)
For regulating the manner in which all or any
of the expenses incurred in carrying into effect rules made under this section
shall be recovered from all or any of the inhabitants of such district, or from
the persons to whom such notification is applicable. (6)
For defining the duties of any officer or
servant appointed to carry out any rule made under this section. No
rule or alteration made under section two shall take effect until it shall have
been confirmed by the Governor General of India in Council and published in
the Gazette of India and also in the local Gazette. Copies
of every such rule shall be affixed in such places, and shall be distributed in
such manner, as the Local Government may direct. Whoever
disobeys any such rule shall, on conviction before any officer exercising the
powers of a, Magistrate, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both. Nothing
in this Act, or in any rule made and published as aforesaid, shall prevent any
person from being prosecuted and punished under any other law for any offence
punishable under this Act: Provided that no person shall be punished twice for
the same offence. If it
appears to the Magistrate of the District that any person to whom the
notification mentioned in section one applies, neglects to make proper
provision for the maintenance of any female child for whose maintenance he is
legally responsible, and that the life or health of such child is thereby
endangered, such Magistrate may, in his discretion, place the child under such
supervision as he may think proper, and shall, if necessary, remove the child
from, the custody of such person. The
Magistrate of the District may order him to make a monthly allowance for the
maintenance of the child at such monthly rate not exceeding fifty rupees as to
such Magistrate shall seem reasonable, and if such person wilfully neglects to
comply with such order, such Magistrate may, for every breach of the order, by
warrant direct the amount due to be levied in manner provided by section
sixty-one of the Code of Criminal Procedure. Nothing
in this section shall affect the powers of Magistrates under section three
hundred and sixteen of the same Code. This
Act shall, in the first instance, extend only to the North-Western Provinces,
to the Panj?b, and to Oudh; but the Governor General of India in Council may by
order extend it to any part of the territories (other than Oudh) under the
immediate administration of the Government of India; and the Governor of Madras
in Council, the Governor of Bombay in Council, and the Lieutenant Governor of
Bengal, may severally by order extend it to any part of the territories under
their respective governments. Every
order under this section made by the Governor General of India in Council shall
be published in the Gazette of India. Every other order made under
this section shall be published in the local official Gazette.Female
Infanticide Prevention Act, 1870 [Repealed]
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