THE INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE (KARNATAKA AMENDMENT) ACT, 2009
(Received the assent of the President on the Eighth day of May, 2014)
KARNATAKA ACT NO 40 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Second day of June, 2014)
An Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1973 in their application to the State of Karnataka.
Whereas it is expedient further to amend the Indian Penal Code (Central Act 45 of 1860) and the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in their application to the State of Karnataka for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Fifty-ninth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Indian Penal Code and the Code of Criminal Procedure (Karnataka Amendment) Act, 2009.
(2) It shall come into force at once.
2. Amendment of Central Act 45 of 1860 .- In the Indian Penal Code (Central Act 45 of 1860), for section 441, the following shall be substituted, namely:-
“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 Indian Penal Code and the Code of Criminal Procedure (Karnataka Amendment) Act, 2009, with the intention of taking unauthorized possession or making unauthorized 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. Amendment of Central Act 2 of 1974.- In the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in the First Schedule, in section 447, in the entries in column (5), for the word “Bailable”, the word “Non-bailable” shall be substituted.
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