Female Infanticide Prevention Act 1870


PREAMBLE. Preamble
1. Power to take measures under Act in particulars district
2. Power to make rules
3. Confirmation and publication of rules
4. Punishment for breach of rules
5. Saving of prosecutions under other laws
6. Power to place neglected children under supervisions
7. Extent of Act
Female Infanticide Prevention Act 1870

THE FEMALE INFANTICIDE PREVENTION ACT, 1870

Short title given by the Short Titles Act, 1897 (14 of 1897).

ACT No. VIII of 1870

(For Statement of Objects and Reasons, see Gazette of India, 1870, Pt. V, p. 15 ; for Proceedings in Council, see ibid., Supplement, pp. 53, 131 and 473. As to the operation of the Act in the Bombay Presidency, see note to s. 7, infra.)

[18th March, 1870]


An Act for the Prevention of the murder of Female Infants


Preamble. WHEREAS the murder of female infants is believed to be com*monly committed in certain parts of (Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation " which was subs., for " British India " by A. O., 1949, Arts. 3(2) and 4.)[Pakistan] ; and whereas it is necessary to make better provision for the prevention of the said offence ; It is hereby enacted as follows :‑


1. Power to take measures under Act in particulars district. If it shall appear to the (Subs. by A. O., 1937, for " L. G.".) [Provincial Government] that the said offence is commonly committed in any district, or by any class, or family, or persons residing therein, the (Subs. by A. O., 1937, for " L. G.".) [Provincial Gov*ernment] may, (The words "with the previous sanction of the G. G of India in C." rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I.)* * * declare by notification published in the official Gazette, and in such other manner as the (Subs. by A. O., 1937, for " L. G.".) [Provincial 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 family or persons to whom such notification is to be deemed to apply.

2. Power to make rules. When such notification shall have been published as aforesaid, it shall be lawful for the (Subs. by A. O., 1937, for "L. G.")[Provincial Government], subject to the provisions of section 3, from time to time to make rules consistent with this Act for all or any of the following pur*poses

(1) for making and maintaining registers of births, mar*riages 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 pur*pose 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 dis*trict, 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 cere*mony 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 ap*pointed to carry out any rule made under this section.

3. Confirmation and publication of rules. No rule or alteration made under section 2 shall take effect until it shall have been (The words "confirmed by the G. G of India in C. and" rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I.)* * * published (The words " in the Gazette of India and also " rep. ibid.)* * * in the (Subs. by A. O.,1937, for "local Gazette".) [official Gazette].

Copies of every such rule shall be affixed in such places, and shall be distributed in such manner‑ as the (Subs. by A. O., 1937, for "L. G.") [Provincial Govern*ment] may direct.

4. Punishment for breach of rules. Whoever disobeys any such rule shall, on conviction before any officer exercising the powers of a Magistrate, be pun*ished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

5. Saving of prosecutions under other laws. 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.

6. Power to place neglected children under supervisions. If it appears to the Magistrate of the District that any person, to whom the notification mentioned in section 1 applies, under super 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 super*vision 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 pro*vided by section 61(See now the Code of Criminal Procedure, 1898 (5 of 1898), ss. 386 and 387.) of the Code of Criminal Procedure.

Nothing in this section shall affect the powers of a Magistrate under section 316(See now ibid., s. 488.) of the same Code.

7. Extent of Act. This Act shall, in the first instance, extend(The Act has been declared to extend and to have extended from the 21st December, 1870, to the Presidency of Bombay, by s. 2 of Bom. Act 3 of 1897 (to amend Act 8 of 1870).) only to (The original words "the North Western Provinces, to the Punjab and to Oudh" have been amended by A. O., 1949, Sch. and the Federal Laws (Revision and Declaration) Act, 1951(26 of 1951), s. 4 and III Sch., to read as above.)[the Punjab] ; but (The original words " 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 " have been successively amended by Act 38 of 1930, A. O., 1937 and A. O., 1949, Sch., to read as above.) [the Provincial Government of any (The word "other" omitted by the Central Laws (Statute Reform) Ordi*nance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).)* Province may, by notification published in official Gazette extend it to any part of the territories under the administration of that Provincial Government].