Section 41State of West Bengal Act

Section 41: Penalty for molestation

The Bengal Money-Lenders Act, 1940

Penalty for molestation. -

(1)

Whoever molests, or abets the molestation of, a debtor for the purpose of recovering or attempting to recover, a debt shall be punishable, on conviction, with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.Explanation.- For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,-

(a)

obstructs or uses violence to or intimidates such other person, or

(b)

persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof, or

(c)

loiters or does similar act at or near a house, building or place where such other person resides or works or receives his pay or wages or carries on business or happens to be-shall be deemed to molest such other person:

Provided that a person who attends at or near such house, building or place for the purpose only of making a formal demand for repayment of a loan due or of obtaining or communicating information shall not be deemed to molest.

(2)

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this section shall be cognizable and bailable.

(3)

Nothing in this section shall be deemed to restrict the provision of the Bengal Workmens Protection Act,[1935] [Figures substituted for the figures '1934' by W.B. Act 7 of 1948.].

Sec 40 — Entry of ah amount in a bond, etc., different to the amount actually lent to be an offence

Sec 42 — General provisions regarding penalties

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