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Start Free TrialPatents (Amendment) Act, 2005 Section 50
Title: Amendment of Section 74
State: Central
Year: 2005
In section 74 of the principal Act, for sub-section (2), the following subsection shall be substituted, namely:- "(2) The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office.".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 5
Title: Amendment of Section 29
State: Central
Year: 2005
In section 29 of the principal Act,-- (a) in sub-section (2), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted; (b) in sub-section (3) for the words "one thousand rupees", the words "five thousand rupees" shall be substituted.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 13
Title: Amendment of Section 102
State: Central
Year: 2005
In section 102 of the principal Act,-- (a) in sub-section (3), after the words "transported to the Court", the words "or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation" shall be inserted; (b) after sub-section (3), the following proviso shall be added at the end, namely:-- "Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 12
Title: Amendment of Section 82
State: Central
Year: 2005
In section 82 of the principal Act, after sub-section (3), the following sub-sections shall be inserted, namely:-- "(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 11
Title: Insertion of New Section 54a
State: Central
Year: 2005
After section 54 of the principal Act, the following section shall be inserted, namely:-- "54A. Identification of person arrested.--Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit."
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 10
Title: Amendment of Section 54
State: Central
Year: 2005
Section 54 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 9
Title: Insertion of New Section 53a
State: Central
Year: 2005
.....such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-- (i) the name and address of the accused and of the person by whom he was brought, (ii) the age of the accused, (iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall,.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 8
Title: Amendment of Section 53
State: Central
Year: 2005
In section 53 of the principal Act, for the Explanation, the following Explanation shall be substituted, namely:-- 'Explanation.--In this section and in sections 53A 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 any 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.'.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 7
Title: Insertion of New Section 50a
State: Central
Year: 2005
After section 50 of the principal Act, the following section shall be inserted, namely:-- "50A. Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person.--(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. (2) The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.".
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act, 2005 Section 6
Title: Amendment of Section 46
State: Central
Year: 2005
In section 46 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-- "(4) Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.".
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