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Start Free TrialCode of Criminal Procedure, 1973 Section 438
Title: Direction for Grant of Bail to Person Apprehending Arrest
State: Central
Year: 1973
.....that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). STATE AMENDMENTS 1 Maharashtra: For section 438, the following section shall be substituted, namely:- "438 Direction far grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and High Court.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 20
Title: Trial of Summons-cases by Magistrates
State: Central
Year: 1973
.....to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. Section 256 - Non-appearance or death of complainant (1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 69
Title: Service of Summons on Witness by Post
State: Central
Year: 1973
.....or carries on business or personally works for gain. (2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: In section 69,-- (a) in sub-section (1), after the words "to be served by registered post" the words "or of the substance thereof to be served by wireless message" shall be inserted. (b) in sub-section (2), for the words "that the witness refused to take delivery of the summons" the words "or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be" shall be substituted. ________________________ 1. Vide Regulation 6 of 1977, section 2 (w.e.f. 17-1-1977).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 71
Title: Power to Direct Security to Be Taken
State: Central
Year: 1973
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall State (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before the Court. (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 87
Title: Issue of Warrant in Lieu Of, or in Addition To, Summons
State: Central
Year: 1973
A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 62
Title: Summons How Served
State: Central
Year: 1973
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
View Complete Act List Judgments citing this sectionCoal Mines (Nationalisation) Act, 1973 Section 5
Title: Power of Central Government to Direct Vesting of Rights in a Government Company
State: Central
Year: 1973
.....to have become the lessee in relation to such coal mine as if a mining lease in relation to the coal mine had been granted to the Government company and the period of such lease shall be the entire period for which such lease could have been granted under the Mineral Concession Rules; and all the rights and liabilities of the Central Government in relation to such coal mine shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company. (3) The provisions of sub-section (2) of section 4 shall apply to a lease which vests in a Government company as they apply to a lease vested in the Central Government and references therein to the "Central Government" shall be construed as references to the Government company.
View Complete Act List Judgments citing this sectionKarnataka Urban Water Supply and Drainage Board Act, 1973 Section 66A
Title: Directions by the State Government
State: Karnataka
Year: 1973
1[66A. Directions by the State Government (1) In the discharge of its functions the Board shall be guided by such directions on questions of policy as may be given to it by the State Government : Provided that such directions shall be given after consultation with the Board. (2) In case of any difference of opinion as to what is a question of policy the decision thereon of the State Government shall be final.] ________________________ 1. Section 66A to 66H inserted by Act 45 of 1981 w.e.f. 1.10.1981.
View Complete Act List Judgments citing this sectionKonkan Passenger Ships (Acquisition) Act, 1973 Section 4
Title: Power of Central Government to Direct Vesting of Konkan Passenger Ships in a Government Company
State: Central
Year: 1973
(1) Notwithstanding anything contained in section 3, the Central Government may, if it is satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the ownership in relation to the Konkan passenger ships shall, instead of continuing to vest in the Central Government, vest in that Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the direction. (2) Where an order vesting the ownership of the Konkan passenger ships in any Government company is made under sub-section (1), all the rights, liabilities and obligations of the Central Government in relation to such ships shall, on and from the date of such vesting, be deemed to have become the rights, liabilities and obligations, respectively, of the Government company.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 206
Title: Special Summons in Cases of Petty Offence
State: Central
Year: 1973
.....convicting the accused person in hi s absence on a plea of guilty. 2[( 3 ) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1 ) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would me et the ends of justice.] _______________________ 1. Now, the Motor Vehicles Act, 1988 (59 of 1988). 2. Inserted by Act 45 of 1978, Section 18 (w.e.f. 18-12-1978). 3. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005. 4. Substituted vide The Code of Criminal Procedure (Amendment) Act, 2005, previous text was "one hundred".
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