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Start Free TrialForeign Exchange Regulation Act, 1973 Section 45
Title: Power of Police Officer and Other Officers to Enter, Search, Etc.
State: Central
Year: 1973
.....found therein who is reasonably suspected or having committed or of committing or of being about to commit a contravention of the provisions of sub-section (1) of section 8. Explanation.-For the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public. (2) Where any person is arrested under sub-section (1) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station. (3) The provisions of the 2 [Code of Criminal Procedure, 1973 (2 of 1974)] shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section. (4) The provisions of this section shall have effect notwithstanding anything inconsistent, therewith contained in any other provision of this Act. ________________________ 1. Substituted by Act 29 of 1993, section 24, for "Code of Criminal Procedure, 1898 (5 of 1898), any police officer not below the rank.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 16
Title: Courts of Metropolitan Magistrates
State: Central
Year: 1973
( 1 ) In every me tropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. ( 2 ) The presiding officers of such Courts shall be appointed by the High Court. ( 3 ) The jurisdiction and powers of every Metropolitan Magistrate shall extend t hroughout the me tropolitan area. STATE AMENDMENT 1Uttar Pradesh: In section 16 after sub-section ( 3 ), the following sub-section shall be inserted, namely.- "(4) Where the office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior most among the Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate," _______________________ 1.Vide Uttar Pradesh Act 1 of 1984, Section 4 (w.e.f. 1-5-1984).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 25A
Title: Directorate of Prosecution
State: Central
Year: 1973
.....cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution. (7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.]. ________________________ 1. Inserted by Code of Criminal Procedure (Amendment) Act, 2005
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 25
Title: Assistant Public Prosecutors
State: Central
Year: 1973
.....with respect to which the accused is being prosecuted; or (b) if he is below the rank of Inspector. STATE AMENDMENTS 2 Orissa: In sub-section (2) of section 25, the following proviso shall be inserted, namely:-- "Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its Control over Assistant Public Prosecutor through police officers." 3 Uttar Pradesh: In sub-section (2) of section 25, the following proviso shall be inserted and be deemed always to have been inserted, namely:-- "Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers." 4 West Bengal: For sub-section (3) of section 25, the following sub-section shall be substituted, namely:-- "(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case.-- (a) where the case is before the Court of Judicial Magistrate in any area in a sub-division, wherein the headquarters of the District Magistrate are.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 24
Title: Public Prosecutors
State: Central
Year: 1973
.....may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre." 3 Haryana: To sub-section (6) of section 24, the following Explanation shall be added, namely:-- "Explanation.--For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting Officers," 4 Karnataka: In section 24, in sub-section (1),-- (i) the words "or the State Government shall", shall be omitted; and (ii) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint a Public Prosecutor" shall be substituted. 5 Madhya Pradesh: In section 24,- (i) in sub-section (6), for the words, 'brackets and figure "Notwithstanding anything contained in sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978; (ii) after sub-section (6), the following.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 23
Title: Subordination of Executive Magistrates
State: Central
Year: 1973
(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 22
Title: Local Jurisdiction of Executive Magistrates
State: Central
Year: 1973
(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 21
Title: Special Executive Magistrates
State: Central
Year: 1973
The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 20
Title: Executive Magistrates
State: Central
Year: 1973
..... ( 5 ) Nothing in this section shall preclude the State Government from conferring. Under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a me tropolitan area. STATE AMENDMENT 3Uttar Pradesh: In section 20 after sub-section ( 5 ), the following sub-section shall be inserted, namely:- "( 6 ) The State Government may delegate its powers under sub-section ( 4 ) to the District Magistrate." _________________________ 1. Substituted by Act 45 of 1978 Section 7, for "all or any" (w.e.f. 18- 12 -1978) . 2. Inserted by Act 45 of 1978 Section 7 (w.e.f. 18- 12 -1978). 3. Vide Uttar Pradesh Act 1 of 1984, Section 5 (w.e.f. 1-5-1984). 4 . Inserted by Code of Criminal Procedure (Amendment) Act, 2005.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 19
Title: Subordination of Metropolitan Magistrates
State: Central
Year: 1973
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate. (2) The High Court may, for the purposes of this Code, define the extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate. (3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.
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