Judgment Search Results Home > Cases Phrase: code of criminal procedure amendment act 2005 Page 1 of about 11,145 results (0.155 seconds)

Balmukund Dubey and Others Vs. State of Chhattisgarh and Another

Court : Chhattisgarh

..... application for anticipatory bail, have filed the instant petition stating inter alia that though section 438 (1-b) of the code has been brought into statute book by the code of criminal procedure (amendment) act, 2005 but the said provision has not brought into force as on date under sub section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 and, therefore, order directing personal presence of the present petitioners at the time of final hearing of their ..... in exercise of power conferred under sub-section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 (no.25 of 2005), the central government has issued notification on 21st june, 2006, by which certain provisions of amendment act, 2005 has been brought into force, which states thus: ministry of home affairsnotificationnew delhi ..... ) with effect from 23rd june, 2005 by code of criminal procedure (amendment) act, 2005 but the effective date has not been notified in exercise of power conferred under sub-section (2) of section 1 of the code of criminal procedure and, therefore, order passed by additional sessions judge is apparently illegal and ..... in exercise of the powers conferred by sub-section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 (no.25 of 2005), the central government hereby appoints the 23rd june, 2006, as the date on which the provisions of the said act, except the provisions of sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b) 42(f) (iii) .....

Balu Shankar Patil Vs. State of Maharashtra

Court : Mumbai

Reported in : 2007(5)MhLj663

..... (ii) whether the benefit of the proviso to section 428 of the code of criminal procedure added by the code of criminal procedure (amendment) act, 2005, can be given to the convicts who are already undergoing life imprisonment in implementation of conviction awarded prior to the coming into force of code of criminal procedure amendment act, 2005. ..... mr.kumbhakoni, the learned associate advocate general, contended that in the present matter mainly following two questions will arise: (i) whether the proviso to section 428 of the code of criminal procedure added by the code of criminal procedure (amendment) act, 2005, operate retrospectively. ..... by the code of criminal procedure (amendment) act, 2005, which came into force with effect from 23-6-2005 is retrospective in operation is the important question of law raised in this application submitted by the applicant through jail. 3. ..... even where an accused person has been convicted prior to the coming into force of the new code of criminal procedure but his sentence is still running, it would not be inappropriate to say that the 'accused person has, on conviction, been sentenced to imprisonment for a term'. ..... is this section confined in its application only to cases where a person is convicted after the coming into force of the new code of criminal procedure, or does it also embrace cases where a person has been convicted before but his sentence is still running at the date when the new code of criminal procedure came into force?.... .....

Bijendra @ Virendra Son of Mukandi Lal, Vs. State of U.P. and Manoj Ku ...

Court : Allahabad

Reported in : 2006CriLJ2253

..... by code of criminal procedure (amendment) act 2005 (act no. ..... with bail in non bailable offence by a court and was bracketed into three sub-sections -section 497(1) to section 497(3) by code of, criminal procedure (amendment) act 1923 ( act xviii of 1923) the words' the offence of which he is accused' in sub-section (1) of section 497 of the old code was substituted by the words 'an offence punishable with death or transportation for life' and the proviso - 'provided that court may direct that any person under the age of sixteen years or any ..... . under the iv proviso to section 437(1), which has been inserted by the code of criminal procedure (amendment ) act no ..... this iv proviso has been inserted by code of criminal procedure (amendment) act no. ..... this branch of law, historically, was bracketed, originally under chapter xxxix titled 'of bail' of code of criminal procedure 1898 ( act v of 1898) , herein after referred to as the old code, with five sub sections from section 496 to section 502. ..... 2 of 1974), enforced on 25.1.1974, code of criminal procedure 1973 came into being, old chapter xxxix of 1898 code regarding bail is bracketed under chapter xxxiii of new code titled as 'provisions as to bail and bail bonds' and it encompasses 18 sections, from section 436 to section 450 cr. p. c. ..... section 496 dealt with offence in which bail could have been granted which is akin to section 436 of code of criminal procedure 1973, herein after referred to as the new code. .....

Rameshwara Jute Mills Limited Vs. Sushil Kumar Daga and ors.

Court : Kolkata

Reported in : 2009CriLJ2727

..... the relevant amendment to section 202 of the code was introduced by the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) and the following lines were introduced which is set out below:and shall, in a case where the accused is residing at a place beyond the area in which he axercises his jurisdiction.10. ..... even though, on earlier occasion i considered the scope of amended provision of section 202 of the code of criminal procedure but i must frankly observe that issue on earlier occasion was somewhat different as the order directing enquiry under the amended provision of section 202 was, the subject matter of challenge and the decision was given mainly in context of the subject matter. ..... scope and object of the amended provision of section 202 of the code of criminal procedure (hereinafter called the code), is the subject-matter of present discussion, which arises out of revisional application filed under section 401 read with section 482 of the code, whereby and whereunder the legality and propriety of the order passed by the learned chief judge, city sessions court, in connection with criminal revision no. ..... state of maharashtra : 1968 cri lj 231 (supra), three judge bench of hon'ble supreme court while interpreting the scope of section 540 of the old code of criminal procedure, took into consideration the use of word 'may' in. .....

S. Balasubramaninan Vs. the State of Tamil Nadu

Court : Chennai

..... *inserted by the code of criminal procedure (amendment) act, 2005 (5 of 2009) ..... meanwhile the criminal law amendment 2005 came in to force and the code was amended by act 25 of 2005 which came in to force ..... tamil nadu) (director of prosecution case), has pressed into service of section 25-a, which was inserted to the code of criminal procedure as per the central act 25/2005, which came into force, on 23.06.2006. ..... in section 20 of the code of criminal procedure, 1973 (hereinafter referred to as central act 2 of 1974 the principal act,) sub-section (4-a) shall be ..... ) 496 (supra) is as follows: under section 439 of the code of criminal procedure, the high court has got ample powers to issue notice to show cause why his sentence should not be enhanced on the basis of a revision petition filed by a private party and the power of the ..... only been given to high court and relied on a decision reported in air 1977 sc 2432 (bindeshwari prasad singh vs kali singh), wherein the apex court has held code of criminal procedure does contain a provision for inherent power viz. ..... also relevant to refer to the amended section 372 of the criminal procedure code, which reads as follows:- "372 ..... when the new code of criminal procedure was introduced in the year 1882 the above said power given to the appellate court was again ..... consider the position as it stands today after the amendment the code by act 25 of 2005 .377. ..... the finding therein only stands fortified by the amendment to the code by act 25 of 2005. 75. .....

Ritesh SinhA. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

..... explanation was substituted by the code of criminal procedure (amendment) act, 2005. ..... by the code of criminal procedure (amendment) act, 2005. ..... delhi high court decision in the case of bisht pertains to the period prior to june 23, 2006, when the amendments made in the code of criminal procedure by act 25 of 2005 came into effect. ..... it concluded that it would be appropriate to incorporate the provision by amending section 5 of the identification of prisoners act as follows:"(1) if a magistrate is satisfied that, for the purpose of any investigation or proceeding under the code of criminal procedure, 1973, it is expedient to direct any person a) to allow his measurements or photograph to be taken, orb) to furnish a specimen of his signature or writing, orc) to furnish a specimen of his voice by uttering the specified words or making the specified sounds. ..... code of criminal procedure was amended in 2005 when the explanation was added to section 53 and sections 53a and 311a were inserted into the code. ..... the year 2005, a number of amendments were made in the criminal procedure code by act 25 of 2005. ..... secondly, if the legislature even while making amendments in the criminal procedure code, aimed at strengthening the investigation, as late as in 2005, is oblivious to something as obvious as this and despite express reminders chooses not to include voice sample either in the newly introduced explanation to section 53 or in sections 53a, and 311a, then it may even be contended that in the .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... the manner as permitted by section 378, no appeal could lie against an order of acquittal in view of the express embargo created by section 372 according to which no appeal shall lie from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005. ..... the right to appeal was vested for the firs.time in a victim under proviso to section 372 of the code inserted by the code of criminal procedure (amendment) act, 2008. ..... the code of criminal procedure (amendment) act, 2008 ..... length and width of the right to appeal bestowed on the victim of a crime through the amendment(s) carried out in the code of criminal procedure, 1973 by act no.5 of 2009 w.e.f.december 31, 2009 is still eluded of unanimity amongst different high courts. ..... we proceed further, let there be a special reference to those decisions of the hon ble supreme court which built up the victim s right brick by brick, revolutionalised the conventional criminal justice system and sensitized its stakeholders.notwithstanding the fact crm-790-ma-2010 final - 11 - that statutory initiatives through the desired amendments in the code of criminal procedure, 1973 (in short, the code ) were still illusory. ..... crm-790-ma-2010 final - 77 - (131).since article 114 of the limitation act refers to section 417 of the code of criminal procedure, 1898 (since repealed).it is beneficial to reproduce the same and it reads as follows .....

1.Soundararajan Vs. State Through the Inspector of Police,

Court : Chennai

..... 36.the offence under section 324 ipc was compoundable with permission of the court till the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005).act 25 of 2005 brought in amendment to the table appended to sub-section (2) of section 320 of cr.p.c so as to make the offence under section 324 ipc non-compoundable. ..... this court finds that after coming into force of the code of criminal procedure (amendment) act, 2005 from 23.6.2006 the offence under section 324 ipc is made non-compoundable. ..... 38.in fact, the code of criminal procedure (amendment) act, 2005, (act 25 of 2005) itself makes it clear that the amendments made thereunder would take effect only from the date of notification. ..... not compoundable on the date of judgment and if it remained compoundable on the date of the offence, whether the compounding may be permitted (in respect of the offence under section 324 ipc) after the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) which was notified on 31.12.2009?. ..... 33.the question is whether the said petition for permission to compound the offence under section 324 ipc can be allowed after the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) from 31.12.2009. ..... as the code of criminal procedure (amendment) act, 2005 is not applicable to the facts of the case, the offence under section 324 ipc would be compoundable with the permission of the court. .....

Mukesh and Anr Vs. State for Nct of Delhi and Ors

Court : Supreme Court of India

..... the code of criminal procedure (amendment) act, 2005. ..... as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 and section 129 of the said ..... after the amendment in the criminal procedure code by the insertion of section 53a by act 25 of 2005, dna profiling has now become a part of ..... is of a person who had acted in lawful discharge of his duty under section 43 code of criminal procedure. ..... the identification parades belong to the stage of investigation, and there is no provision in the code of criminal procedure which obliges the investigating agency to hold, or confers a right upon the accused to claim ..... investigation that pertain to recording of dying declaration, recording of statements of witnesses under section 161 of the code of criminal procedure (crpc), the medical examination, holding of the test identification parade, the manner and method of search and seizure and the procedure of arrest have been seriously commented upon. ..... the committee led to the enactment of criminal law (amendment) act, 2013 which, inter alia, brought in substantive as well as procedural reforms in the core areas of rape .....

Prakash Pralhad Patil Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : (2008)110BOMLR2183

..... section 25a has been inserted in the code of criminal procedure (amendment act, 2005) with effect from 23/6/2006 and as per the same, the director of prosecution will be the head of the directorate of prosecution and shall function under the administrative control of the head of the home department in the ..... the petitioner has challenged the order dated 12/10/2007 issued by the government of maharashtra through the department of law and judiciary in exercise of its powers under section 24(8) of the code of criminal procedure, 1973 and by the said order the respondent no. ..... section 24(8) of the code of criminal procedure states, the central government or the state government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a special public prosecutor.rule 22, as originally framed in 1984 reads as under:if in any case, civil or criminal, a request is made by any private party, interested in the case, for the appointment of its own advocate as a special counsel or special public prosecutor ..... impugned order and as made in the return filed by the under secretary, are as under:..i further say application was forwarded to the law and judiciary department and the same was processed by following provisions of section 24(8) of criminal procedure code read with rule 22 of the maharashtra law officers rules and the guidelines laid down by the honble supreme court of india. .....