Section 438 - Bare Acts

Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 18

Title: Section 438 of the Code Not to Apply To-persons Committing an Offence Under the Act

State: Central

Year: 1989

Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on ah accusation of having committed an offence under this Act.

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Code of Criminal Procedure (Amendment) Act, 2005 Section 38

Title: Amendment of Section 438

State: Central

Year: 2005

.....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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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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Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act, 2011, (Central) Section 2

Title: Substitution of New Sections for Sections 15 and 16

State: Central

Year: 2011

.....sections shall be substituted, namely:-- "15. Penalty.-- (1) Whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 7 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4 or wilfully does any act prohibited under section 9, shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) Whoever wilfully makes or causes to make any unauthorised connection with or removes, destroys, damages or displaces any pipeline laid under section 7, or wilfully inserts any device to extract petroleum product or minerals from such pipeline, or wilfully disrupts supplies being made through the pipeline, shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine. (3) If any person convicted of an offence under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with rigorous imprisonment for the second and for every subsequent offence for a term which shall not be less than three years but which may extend to ten years: Provided that.....

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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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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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Unlawful Activities (Prevention) Amendment Act 2008 Section 12

Title: Insertion of New Sections 43a to 43f

State: Central

Year: 2008

.....in his or its possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this Act. (2) The failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (3) Notwithstanding anything contained in the Code, an offence under sub-section (2) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said Code [except sub-section (2) of section 262] shall be applicable thereto.'.

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Companies (Second Amendment) Act, 2002 Section 53

Title: Omission of Leading Before Section 435 and Sections 435 to 438

State: Central

Year: 2002

Heading occurring before section 435 and sections 435 to 438 of the principal Act shall be omitted.

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Private Security Agencies (Regulation) Act, 2005 Section 19

Title: Delegation

State: Central

Year: 2005

The State Government may, by notification, direct that any power or function (except the powers to make rules under section 25)-- (a) which may be exercised or performed by it, or (b) which may be exercised or performed by the Controlling Authority, under this Act, may, in relation to such matter and subject to such conditions, if any, as may be specified in the notification, be also exercised or performed by such officer or authority subordinate to the Government or officer subordinate to the Controlling Authority, as may be specified in such notification.

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