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Start Free TrialCode of Criminal Procedure, 1973 Chapter 33
Title: Provisions as to Bail and Bonds
State: Central
Year: 1973
.....Penal Code (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act VI of 1908), is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or infirm person; (iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." .....
View Complete Act List Judgments citing this sectionCode 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 Schedule 1
Title: The First Schedule (Chapter Xi to Xix)
State: Central
Year: 1973
..... ______________________ 1.Vide Uttar Pradesh Act 47 of 1975, section 4 (w.e.f. 15-9-1975). 2.Vide West Bengal Act 34 of 1974, section 5 (w.e.f. 16-7-1974). 3.Vide Orissa Act 13 of 1962. 4.Vide Tamil Nadu Act 30 of 1984. 5.Vide Andhra Pradesh Act 16 of 1968, section 27. 6.Same as that of Maharashtra. 7.Vide Bombay Act 82 of 1958. 8.Vide Mysore Act 27 of 1951. 9.Inserted by Act 43 of 1986, section 11 (w.e.f. 19-11-1986). 10.Inserted by Act 42 of 1993, section 4 (w.e.f. 22-5-1993). 11.Substituted by Act 43 of 1983, section 5, for the entries relating tosection 376 (w.e.f. 25-12-1983). 12.Substituted by Act 30 of 2001, section 3 and Second Schedule (w.e.f.3-9-2001). 13.Substituted for the word "Non-bailable" by Code of CriminalProcedure (Amendment) Act, 2005. 14.Substituted for the word "Bailable" by Code of Criminal Procedure(Amendment) Act, 2005. 15.Substituted for the word "Ditto" by Code of Criminal Procedure(Amendment) Act, 2005.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation. "In this section and in sections 53-A 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 who possess.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at.....
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