Bare Act Search Results

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.....

Code 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.....

The 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.....

Code of Criminal Procedure, 1973 Chapter 8

Title: Security for Keeping the Peace and for Good Behaviour

State: Central

Year: 1973

.....sub-section (1) are (a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence, punishable under section 153A or section 153B or section 154 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. Section 107 - Security for keeping the peace in other cases ( 1 ) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or dis t urb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute.....

Code of Criminal Procedure, 1973 Section 116

Title: Inquiry as to Truth of Information

State: Central

Year: 1973

.....extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs : Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance.....

Code 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." .....

Code 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.....

Code 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.

The Code of Criminal Procedure, 1973 Complete Act

State: Himachal

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. 54. Examination of arrested person by medical practitioner at the request of the.....

The Code of Criminal Procedure, 1973 Complete Act

State: Rajasthan

Year: 1973

.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....