LexThe Tamil Nadu Judicial Proceedings (Regulation of Reports) Act, 1960
Tamil Nadu · state statute
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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
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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 St. 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~SLGL?
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 in 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
commence-
ment.
(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 Laws 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
Go~e~ilm~nt may, by notification, appoint- .
~cfi~~itions. 2. In this Aa, unless the conlcxl O~~CI'W~SC
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 con-
taining 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 inat .&r. ohae 3
~~~dk:calculiattdto~~~rolr; 1
4
a I 7
* Came into force on the 301 h Mo~ernber 1 960.
t
1960 : T.N. Aet 21) Judicial P~oce - 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 :-
fi) 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 dnnl-
a~~.nt for usc in connection with any jutlicial proceeding
the commul~icatio~~ thereof to persons con-
ccrrled 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 tll~
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~tm 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 cogni-
zable 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'court 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 refe-
rence 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 indent
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, brac-
iftets, letter and figures " any matter referred to in clause (a) of sub-
section (1) of section 3 of the l[Tamil Nadu] Judicial F'roceedings
(Regulation of Reports) Act, 1960, or" shall te 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)-