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Code of Criminal Procedure (Amendment) Act 2008 Section 2

Title: Amendment of Section 2

State: Central

Year: 2008

In section 2 of the Code of Criminal Procedure, 1973(2 of 1974) (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:-- '(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir;'.

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Code of Criminal Procedure (Amendment) Act 2008 Section 29

Title: Amendment of Section 372

State: Central

Year: 2008

In section 372 of the principal Act, the following proviso shall be inserted, namely:-- "Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 30

Title: Amendment of Section 416

State: Central

Year: 2008

In section 416 of the principal Act, the words "order the execution of the sentence to be postponed, and may, if it thinks fit" shall be omitted.

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Code of Criminal Procedure (Amendment) Act 2008 Section 7

Title: Amendment of Section 46

State: Central

Year: 2008

In section 46 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:-- "Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 9

Title: Insertion of New Section 55a

State: Central

Year: 2008

After section 55 of the principal Act, the following section shall be inserted, namely:-- "55A. Health and safety of arrested person -It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 10

Title: Insertion of New Section 60a

State: Central

Year: 2008

After section 60 of the principal Act, the following section shall be inserted, namely:-- "60A. Arrest to be made strictly according to the code - No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 11

Title: Amendment of Section 157

State: Central

Year: 2008

In section 157 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-- "Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 18

Title: Amendment of Section 198

State: Central

Year: 2008

In section 198 of the principal Act, in sub-section (6), for the words "fifteen years of age", the words "eighteen years of age" shall be substituted.

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Code of Criminal Procedure (Amendment) Act 2008 Section 19

Title: Amendment of Section 242

State: Central

Year: 2008

In section 242 of the principal Act, in sub-section (I), the following proviso shall be inserted, namely:-- "Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.".

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Code of Criminal Procedure (Amendment) Act 2008 Section 3

Title: Amendment of Section 24

State: Central

Year: 2008

In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:-- "Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.".

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