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Code of Criminal Procedure, 1973 Complete Act

Title: Code of Criminal Procedure, 1973

State: Central

Year: 1973

.....PLEA BARGAINING Section265A - Application of the Chapter Section265B - Application for plea bargaining Section265C - Guidelines for mutually satisfactory disposition Section265D - Report of the mutually satisfactory disposition to be submitted before the Court Section265E - Disposal of the case Section265F - Judgment of the Court Section265G - Finality of the judgment Section265H - Power of the Court in plea bargaining Section265I - Period of detention undergone by the accused to be set off against the sentence of imprisonment Section265J - Savings Section265K - Statements of accused not to be used Section265L - Non-application of the Chapter Chapter 22 Section266 - Definitions Section267 - Power to require attendance of prisoners Section268 - Power of State Government to exclude certain persons from operation of section 267 Section269 - Officer in charge of prison to abstain from carrying out order in certain contingencies Section270 - Prisoner to be brought to Court in custody Section271 - Power to issue commission for examination of witness in prison Chapter 23 Section272 - Language of Courts Section273 - Evidence to be taken in presence of accused .....

Code of Criminal Procedure, 1973 Amending Act 2

Title: Code of Criminal Procedure (Amendment) Act, 2005

State: Central

Year: 1973

.....officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.". 8. Amendment of section 53 In section 53 of the principal Act, for the Explanation, the following Explanation shall be substituted, namely:-- 'Explanation.--In this section and in sections 53A and 54,-- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner.....

Code of Criminal Procedure, 1973 Chapter 31

Title: Transfer of Criminal Cases

State: Central

Year: 1973

.....192 to any other Magistrate and may require into or try such cases himself. Section 411 - Making over or withdrawal of cases by Executive Magistrates Any District Magistrate or Sub-divisional Magistrate may (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. Section 412 - Reasons to be recorded A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.

Code of Criminal Procedure, 1973 Section 164

Title: Recording of Confessions and Statements

State: Central

Year: 1973

.....it to the Magistrate by whom the case is to be inquired into or tried. STATE AMENDMENT 1Andaman and Nicobar Islands and Lakshadweep: After sub-section (1) of section 164 , the following sub-section shall be inserted, namely:- " (1A) Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of opin ion that it is necessary and expedient so to do that Government may, after consulting the High Court, specially empower any Executive Magistrate (not being a poli ce officer), to exercise the powers confe rred by s ub-section (1 ) on a Judicial Magistrat e, and thereupon references in section 164 to a Judicial Magistrate shall be construed as references to the Executive Magistrate so empowered." ___________________________ 1. Vide Regulation 1 of 1974 , section 5 (w.e.f . 30 -3 -1974 ). 2. Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text was : - "Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force." .....

Code of Criminal Procedure, 1973 Section 397

Title: Calling for Records to Exercise Powers of Revision

State: Central

Year: 1973

.....of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation.All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Code of Criminal Procedure, 1973 Amending Act 3

Title: Criminal Law (Amendment) Act, 2005

State: Central

Year: 1973

.....it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub-section (1). 265C. Guidelines for mutually satisfactory disposition.--In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely: (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that.....

The Code of Criminal Procedure (Amendment)act, 2010 No. 41 of 2010[21st September, 2010.] Complete Act

Title: The Code of Criminal Procedure (Amendment)act, 2010 No. 41 of 2010[21st September, 2010.]

Year: 2010

.....Gazette, appoint. 2. Amendment of section 41. On and from the date of commencement of section 5 of the Code of Criminal Procedure (Amendment) Act, 2008, in section 41 of the Code of Criminal Procedure, 1973 [as amended by section 5 of the Code of Criminal Procedure (Amendment) Act, 2008], in sub-section (1), in clause (b), the following proviso shall be inserted at the end, namely:- "Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.". 3. Amendment of section 41A. - On and from the date of commencement of section 6 of the Code of Criminal Procedure (Amendment) Act, 2008, in section 41A of the Code of Criminal Procedure, 1973 [as inserted by section 6 of the Code of Criminal Procedure (Amendment) Act, 2008],-(a) in sub-section (1), for the words "The police officer may", the words "The police officer shall" shall be substituted;(b) for sub-section (4), the following sub-section shall be substituted, namely:-"(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the.....

Code of Criminal Procedure, 1973 Section 275

Title: Record in Warrant-cases

State: Central

Year: 1973

.....accused of the offence.] (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative, by the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. ___________________________ 1. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.

Criminal Law (Amendment) Act, 2005 Chapter III

Title: Amendments to the Code of Criminal Procedure, 1973

State: Central

Year: 2005

.....it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub-section (1). 265C. Guidelines for mutually satisfactory disposition.--In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely: (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that.....

Code of Criminal Procedure, 1973 Section 281

Title: Record of Examination of Accused

State: Central

Year: 1973

.....Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. (3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable in the language of the Court. (4) The record shall be shown or read to the accused, or, if he docs not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. (5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. (6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.