CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing etc., instrument not duly stamped - (1) Any person-
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1[payable otherwise than on demand] 2 * * * or promissory note without the same being duly stamped, or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or voting or attempting to vote under any proxy not duly stamped ;
1Inserted by Act 5 of 1927, section 5 (7).
2The word “cheque” omitted by ibid.
shall for every such offence be punishable with fine which may extend to five hundred rupees :
Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company shall be punishable with fine which may extend to five hundred rupees.
63. Penalty for failure to cancel adhesive stamp - Any person required by section 12 to cancel an adhesive stamp and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to one hundred rupees.
64. Penalty for omission to comply with provisions of section 27 - Any person who, with intent to defraud the Government,-
executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth ; or
being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances ; or
does any other act calculated to deprive the Government of any duty or penalty under this Act;
shall be punishable with fine which may extend to five thousand rupees.
65. Penalty for refusal to give receipt and for devices to evade duty on receipts - Any person who-
being required under section 30 to give a receipt, refuses or neglects to give the same; or
with intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered ;
shall be punishable with fine which may extend to one hundred rupees.
66. Penalty for not making out policy or making one not duly stamped - Any person who-
receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration make out and execute a duly stamped policy of such insurance; or
makes, executes or delivers out any policy which is not duly stamped or pays or allows in account, or agrees to pay or allow in account any money upon, or in respect of, any such policy;
shall be punishable with fine which may extend to two hundred rupees.
67. enalty for not drawing full number of bills or marine policies purporting to be in sets -Any person drawing or executing a bill of exchange 1[payable otherwise than on demand] or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
1Inserted by Act 5 of 1927, section 5 (8).
68. Penalty for postdating bills, and for other devices to defraud the revenue - Any person who-
with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made ; or
knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts; pays or receives payment of, such bill or note, or in any manner negotiates the same ; or
with the like intent practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force ;
shall be punishable with fine which may extend to one thousand rupees.
69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale- (a) Any person appointed to sell stamps who disobeys any rule made under section 74, and
(b) any person not so appointed who sells or offers for sale any stamp (other than 1[ten naye paise or five naye paise] adhesive stamp) ;
(c) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
70. Institution and conduct of prosecutions - (1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed shall be instituted without the sanction of the Collector or such other officer as the 2[State Government] generally, or the Collector specially, authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.
1Substituted by the Indian Stamp (Amendment) Act, 1958 (19 of 1958, section 10.
2Substituted for the words “Collecting Government” by the Adaptation of Laws Order, 1950, First Schedule.
71. Jurisdiction of Magistrates - No Magistrate other than a Presidency Magistrate or a Magistrate, whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.
72. Place of trial - Every such offence committed in respect of any instrument may be tried in any district or presidency-town in which such instrument is found, as well as in any district or presidency-town in which such offence might be tried under the Code of Criminal Procedure for the time being in force.