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Code of Criminal Procedure, 1973 Complete Act

Title: Code of Criminal Procedure, 1973

State: Central

Year: 1973

.....interested Section480 - Practising pleader not to sit as Magistrate in certain Courts Section481 - Public servant concerned in sale not to purchase or bid for property Section482 - Saving of inherent power of High Court Section483 - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates Section484 - Repeal and savings Schedule1 - THE FIRST SCHEDULE Schedule1 - THE FIRST SCHEDULE (Chapter XI to XIX) Schedule1 - THE FIRST SCHEDULE (Chapter XX to XXIII) Schedule2 - THE SECOND SCHEDULE Amending Act1 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001 Amending Act2 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) Act, 2005 Amending Act3 - CRIMINAL LAW (AMENDMENT) ACT, 2005 Amending Act4 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) AMENDING ACT, 2006

Code of Criminal Procedure, 1973 Amending Act 2

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

State: Central

Year: 1973

.....such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-- (i) the name and address of the accused and of the person by whom he was brought, (ii) the age of the accused, (iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall,.....

Code of Criminal Procedure, 1973 Chapter 31

Title: Transfer of Criminal Cases

State: Central

Year: 1973

.....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

THE CRIMINAL LAW (AMENDMENT) ACT, 2005 [Act, No. 2 of 2006] [11th January, 2006] PREAMBLE An Act further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-- 1. Short title and commencement (1) This Act may be called the Criminal Law (Amendment) Act, 2005. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act. 2. Insertion of new section 195A After section 195 of the Indian Penal Code(45 of 1860), the following section shall be inserted, namely: "195A. Threatening or inducing any person to give false evidence.--Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with Fine, or with both; and if innocent person is.....

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

.....(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 throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: Provided further that the accused may, if he so desires, participate in such meeting with his pleader, if any, engaged in the case; (b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a.....

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.