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Indian Evidence (Amendment) Act, 2002 Complete Act

Title: Indian Evidence (Amendment) Act, 2002

State: Central

Year: 2002

Preamble1 - INDIAN EVIDENCE (AMENDMENT) ACT, 2002 Section1 - Short title Section2 - Amendment of section 146 Section3 - Amendment of section 155

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Indian Evidence (Amendment) Act, 2002 Preamble 1

Title: Indian Evidence (Amendment) Act, 2002

State: Central

Year: 2002

THE INDIAN EVIDENCE (AMENDMENT) ACT, 2002 [Act, No. 4 of 2003] [31st December, 2002] PREAMBLE An Act further to amend the Indian Evidence Act, 1872. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

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Indian Evidence (Amendment) Act, 2002 Section 1

Title: Short Title

State: Central

Year: 2002

This Act may be called the Indian Evidence (Amendment) Act, 2002.

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Indian Evidence (Amendment) Act, 2002 Section 2

Title: Amendment of Section 146

State: Central

Year: 2002

In section 146 of the Indian Evidence Act, 1872 (1 of 1872) (hereinafter referred to as the principal Act), after clause (3), the following proviso shall be inserted, namely:-- "Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.".

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Indian Evidence (Amendment) Act, 2002 Section 3

Title: Amendment of Section 155

State: Central

Year: 2002

In section 155 of the principal Act, clause (4) shall be omitted.

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Prevention of Terrorism Act, 2002 [Repealed] Section 45

Title: Admissibility of Evidence Collected Through the Interception of Communications

State: Central

Year: 2002

Notwithstanding anything in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under this Chapter shall be admissible as evidence against the accused in the Court during the trial of a case: Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this Chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the Competent Authority, and accompanying application, under which the interception was authorised or approved not less than ten days before trial, hearing or proceeding: Provided further that, the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with the above information ten days before the trial, hearing or proceeding and that the accused will not be prejudiced by the delay in receiving such information.

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Prevention of Money-laundering Act, 2002 Section 50

Title: Powers of Authorities Regarding Summons, Production of Documents and to Give Evidence, Etc

State: Central

Year: 2002

.....shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code. (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that an Assistant Director or a Deputy Director shall not-- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Director.

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Multi-state Co-operative Societies Act, 2002 Section 58

Title: Admissibility of Copy of Entry as Evidence

State: Central

Year: 2002

(1) A copy of any entry in a book of a multi-State co-operative society regularly kept in the course of its business shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent, as the original entry itself is admissible. (2) No officer of a multi-State co-operative society and no officer in whose office the books of a multi-State co-operative society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society's books or documents the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, except under an order of a court or an arbitrator made for a special cause.

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Prevention of Money-laundering Act, 2002 Section 11

Title: Power Regarding Summons, Production of Documents and Evidence, Etc

State: Central

Year: 2002

(1) The Adjudicating Authority shall, for the purposes of this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-- (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a banking company or a financial institution or a company, and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) All the persons so summoned shall be bound to attend in person or through authorised agents, as the Adjudicating Authority may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (3) Every proceeding under this section shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code.

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NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002 Chapter III

Title: AMENDMENT TO THE BANKERS' BOOKS EVIDENCE ACT, 1891

State: Central

Year: 2002

In section 2 of the Bankers' Books Evidence Act, 1891 (18 of 1891),-- (a) for clause (3), the following clause shall be substituted, namely:-- '(3) "bankers' books" include ledgers, day-books, cash-books, account-books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a back-up or disaster recovery site of both;'; (b) in clause (5), after sub-clause (6), the following sub-clause shall be inserted, namely:-- "(c) a printout of any entry in the books of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry and such printout contains the certificate in accordance with the provisions of section 2A.".

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