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Code of Criminal Procedure (Amendment) Act, 2005 Section 18

Title: Amendment of Section 176

State: Central

Year: 2005

In section 176 of the principal Act,-- (i) in sub-section (1), the words "where any person dies while in the custody of the police or" shall be omitted; (ii) after sub-section (1), the following sub-section shall be inserted, namely:--"(1A) Where,-- (a) any person dies or disappears, or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offences has been committed."; (iii) after sub-section (4), before the Explanation, the following sub-section shall be inserted, namely:-- "(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person.....

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The Code of Criminal Procedure (Amendment) Act, 2005 Complete Act

State: Central

Year: 2005

.....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.....

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