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Code of Criminal Procedure, 1973 Complete Act

Title: Code of Criminal Procedure, 1973

State: Central

Year: 1973

.....interested Section480 - Practising pleader not to sit as Magistrate in certain Courts Section481 - Public servant concerned in sale not to purchase or bid for property Section482 - Saving of inherent power of High Court Section483 - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates Section484 - Repeal and savings Schedule1 - THE FIRST SCHEDULE Schedule1 - THE FIRST SCHEDULE (Chapter XI to XIX) Schedule1 - THE FIRST SCHEDULE (Chapter XX to XXIII) Schedule2 - THE SECOND SCHEDULE Amending Act1 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001 Amending Act2 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) Act, 2005 Amending Act3 - CRIMINAL LAW (AMENDMENT) ACT, 2005 Amending Act4 - CODE OF CRIMINAL PROCEDURE (AMENDMENT) AMENDING ACT, 2006

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Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....

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Code of Criminal Procedure, 1973 Complete Act

State: Central

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation. "In this section and in sections 53-A 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.....

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Code of Criminal Procedure, 1973 Chapter 23

Title: Evidence in Inquiries and Trials

State: Central

Year: 1973

.....directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Inspector of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 1 [Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory]; (f) the Serologist to the Government. 2[(g) any other Government scientific Expert specified by notification by the Central Government for this purpose.] ______________________ 1. Inserted by Act 45 of 1978, Section 21 (w.e.f. 18-12-1978). 2. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005. Section 294 - No formal proof of certain documents (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be.....

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Code of Criminal Procedure, 1973 Section 299

Title: Record of Evidence in Absence of Accused

State: Central

Year: 1973

.....the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. STATE AMENDMENT 2Uttar Pradesh: In section 299 in sub-section (1) for the words "competent to try such person" the words "competent to try such person or to commit him for trial" shall be substituted. ______________________ 1. Inserted by Act 45 of 1978, Section 23 (w.e.f. 18-12-1978). 2. Vide Uttar Pradesh Act 6 of 1976, Section 7 (w.e.f. 1-5-1976).

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Code of Criminal Procedure, 1973 Chapter 8

Title: Security for Keeping the Peace and for Good Behaviour

State: Central

Year: 1973

.....sub-section (1) are (a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence, punishable under section 153A or section 153B or section 154 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. Section 107 - Security for keeping the peace in other cases ( 1 ) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or dis t urb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute.....

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Code of Criminal Procedure, 1973 Section 116

Title: Inquiry as to Truth of Information

State: Central

Year: 1973

.....extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs : Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance.....

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Code of Criminal Procedure, 1973 Chapter 32

Title: Execution, Suspension, Remission and Commutation of Sentences

State: Central

Year: 1973

.....a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of section 380 of the Indian Penal Code (Central Act XLV of 1860), for an offence of theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence ac the expiration of the imprisonment to which he has been previously sentenced." ______________________ 1. Vide Tamil Nadu Act 28 of 1993, Section 6. Section 428 - Period of detention undergone by the accused to be set off against the sentence of imprisonment Where an accused person has, on conviction, been sentenced to imprisonment for a term 1[not being imprisonment in default of payment of fine,] the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. 2[Provided that in cases referred to in section 433A, such.....

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Code of Criminal Procedure, 1973 Section 432

Title: Power to Suspend or Remit Sentences

State: Central

Year: 1973

.....sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his properly. (7) In this section and in section 433, the expression "appropriate Government" means, (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases the Government of the State within which the offender is sentenced or the said order is passed.

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Code of Civil Procedure, 1908 Rule 16 to 29

Title: Procedure of Hearing

State: Central

Year: 1908

.....appealed from Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required ; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1d[within such time as may be fixed by the Appellate Court or extended by it from time to time]. 26. Findings and evidence to be put on record--Objections to finding (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.--After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1e[26A. Order of.....

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