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Code of Criminal Procedure, 1973 Section 438

Title: Direction for Grant of Bail to Person Apprehending Arrest

State: Central

Year: 1973

.....that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:-- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and. (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days.....

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Merchant Shipping Act, 1958 Section 438

Title: Cognizance of Offences

State: Central

Year: 1958

4381. Cognizance of offences The penalties to which masters and owners of2[special trade passenger] and pilgrim ships are made liable by section 436 shall be enforced only on information laid at the instance of the certifying officer, or, at any port or place where there is no such officer at the instance of such other officer as the Central Government may specify in his behalf. ________________________ 1. Section 438 came into force on 1st April, I960 - 2. Substituted for the words "unberthed passenger" by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2 (1-2-1976).

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Companies Act, 2013, Section 438

Title: Application of Code to Proceedings Before Special Court

State: Central

Year: 2013

Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.

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Companies Act, 1956 Section 438

Title: Jurisdiction of High Court Under Sections 435, 436 and 437 to Be Exercised at Any Time and at Any Stage [Repealed]

State: Central

Year: 1956

[Repealed by the Companies (Second Amendment) Act, 2002, Section 53.]

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Karnataka Municipal Corporations Act, 1976 Section 438

Title: Wrongful Restraint of Commissioner and His Delegates

State: Karnataka

Year: 1976

Every person who prevents the Commissioner or any person to whom the Commissioner has lawfully delegated his power from exercising his power of entering on any land or into any building shall be deemed to have committed an offence under section 341 of the Indian Penal Code.

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Indian Penal Code (45 of 1860) Section 438

Title: Punishment for the Mischief Described in Section 437 Committed by Fire or Explosive Substance

State: Central

Year: 1860

Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ________________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

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