Court : Rajasthan Jodhpur
..... section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such cases. ..... the trial court is bound to comply with the order of hon'ble the apex court along with command of law for which criminal law (amendment) bill, 2012 was introduced. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such cases. ..... the trial court is bound to comply with the order of hon'ble the apex court along with command of law for which criminal law (amendment) bill, 2012 was introduced. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy .....
Tag this Judgment!Court : Delhi
..... were brought onto the statute book by virtue of criminal law (amendment) act, 1983 (in short 1983 act) with the object of protecting the dignity of a rape victim and to enable the victim to depose comfortably ..... section should be added to section 327:sub section to be added to section 327, code of criminal procedure, 1973 after re-numbering present section of sub section ..... the respondents that if there is an inquiry or a trial of an offence of rape and other allied offences referred to in sub section (2) of section 327, then as a matter of law, the proceedings will have to be held in camera without the court employing the necessary discretion in the matter, is a submission which ..... in the light of the above discussion, a specific proviso should be added to section 327 of the code of criminal procedure, as under: proviso to be added to section 327 of the code of criminal procedure, 1973. ..... (i) that the general principle of open public trial is a rule, which ought not to be disturbed except in exceptional circumstances; (ii) under proviso to sub section (1) of section 327, it is the court which is empowered to exclude the public generally or any particular person having regard to the facts and circumstances of each case. ..... 05.01.2013, an advisory was issued by the public relations officer, of the delhi police advising people at large that since the magistrate had taken cognizance of the chargesheet filed in fir no.403/2012, with ps vasant vihar, on 05.01.2003, the provisions of section 327 .....
Tag this Judgment!Court : Delhi
..... the provision contained in section 354 ipc was amended by criminal law (amendment) act, 2013 (act 13 of 2013) brought into force with effect from 3.2.2013. ..... it has to be borne in mind that the relevant provisions including those referred to above are to be read, after coming into force of criminal law (amendment) act, 2013 with effect from 03.02.2013, with the provision contained in section crl. a. ..... the above-noted provisions of the procedural criminal law are ordinarily subject to three riders; first, as indicated by section 220 (5) quoted above (referring to section 71 ipc), second, under section 222 cr.p.c and, the third, more apt for present context, under section 42 of pocso act, which we consider hereafter. ..... we must add here that the act 13 of 2013 whereby ipc was amended, added four new penal provisions (section 376-a to 376-d) which deal with aggravated form of the offence of rape. ..... prior to the amendment of the penal code with effect from 3.2.2013 by act 13 of 2013, the offence of rape was defined by section 375 ipc in terms, generally speaking, essentially requiring it to be proved that the accused had engaged in sexual intercourse with a woman against her will or without her consent, vaginal penetration by the male organ being always ..... the objective behind the statutory command for in-camera proceedings in such cases being the rule in terms of section 327 cr. .....
Tag this Judgment!Court : Supreme Court of India
..... sub-section (2) of section 327 was inserted by the same amendment act no.43 of 1983. ..... section 327, as amended, reads as follows:- section 327. ..... - (1) whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. ..... we may also refer to section 327 of the code of criminal procedure, 1973 (for short crpc ) which provides that courts should be open and normally public should have access to the courts. ..... section 228a was introduced in the ipc vide amendment act no.43 of 1983 with effect from 25.12.1983 and reads as follows: 228a. ..... the interim/final compensation shall be paid either from the victim compensation fund or any other special scheme/fund established under section 357a of the code of criminal procedure, 1973 (sic) or any other law for the time being in force through the state legal services authorities or the district services authority in whose hands the fund is entrusted. ..... later other similar offences were included vide amendment act of 2013. 7 9. ..... (c) no.148 of 2013 slp (crl. ..... (c) no.22 of 2013 w.p. ..... ) no.1 of 2013 w.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All694
..... section 7 of the criminal law amendment act of 1952 is in these words : '7(1) notwithstanding anything contained inthe code of criminal procedure 1898 (act 5of 1898) or in any other law the offencesspecified in sub-section (1) of section 6 shall be triableby special judges only. ' 2. ..... this is an application in revision by the state against an order of the learned sessions judge of lucknow holding that by virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the case. ..... ' if the intention of the legislature was that sessions trials involving offences mentioned in section 6 of the criminal law amendment act were also to be so transferred to the file of the special judge then it would have been clearly put down by the legislature in this section or in some other separate section. 8. ..... it only emphasizes the fact that special judges were to have exclusive jurisdiction from the moment the act came into force in respect of offences mentioned in section 6 of the criminal law amendment act and no more. 6. ..... the only word in the section which possibly caused difficulty to the learned sessions judge is the word 'only' after the words 'special judges' in section 7 (1) of the criminal law amendment act of 1952. ..... a reading of section 7 of the criminal law amendment act which we have quoted earlier in this judgment indicates to us that the section has not been made retrospective by the legislature specifically. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom459; (1951)53BOMLR739; 1953CriLJ37
..... action of the petitioners amounted to what he described as peaceful picketing and was merely the exercise of the fundamental rights of freedom of speech and expression and of right to move freely throughout the territory of india, and in so far as section 7, criminal law amendment act, placed any restriction thereon, it was not covered by the provisions of clause (a) and was not a reasonable restriction within the meaning of clause (5) of article 19. 7. ..... therefore, even if we were to assume the correctness of the american view, picketing in connection with an illegal strike cannot be justified, and in so far as section 7 of the criminal law amendment act makes such picketing illegal, that sectioncannot be deemed to lay down an unreasonable restriction on the right to freedom of movement. 16. ..... ' bat unless we are in a position to pronounce that the restriction imposed upon the freedom of movement by section 7, criminal law amendment act, is definitely unreasonable in the interests of the general public, then only will it be possible for us to hold that it is contrary to the fundamental rights guaranteed by the constitution ..... in our case, even if we are wrong in the view that section 7 of the criminal law amendment act is valid in so far as it makes peaceful picketing illegal even in connection with a lawful strike, that section can, on the american authorities also, be deemed to be valid at least to the extent that it makes illegal any picketing in connection with an illegal strike .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All56; 1956CriLJ13
..... but in view of the definite statement contained in the sub-inspector's counter-affidavit that the petitioner was told that he was being arrested under section 7, criminal law amendment act, 1932, we were not disposed to permit the respondents to file another affidavit on the same point.i take it that the ground for his arrest was communicated to the petitioner as mentioned ..... there is no question of our quashing the proceedings pending against him, because whether he has done the act alleged to have been done by him and whether it amounts to an offence punishable under section 7, criminal law amendment act are questions which will be decided during the trial and cannot be decided in advance of it.it may be that the applicant's freedom will be short-lived because he can be arrested again and detained after full ..... so assuming (without deciding) that certain parts of sub-section (1) of section 7 of the act are ultra vires the constitution, the entire section 7 cannot be condemned on that ground.i hold that section 7, criminal law amendment act (23 of 1932) is intra vires the constitution at least so far as it relates to the charge ..... the precise charge need not be formulated, provided that tbe accused is told the act for which he is arrested'.i, therefore, agree with my learned brother that when the applicant was informed at the time of his arrest that he was arrested under section 7, criminal law amendment act, it did not amount to his being informed of the grounds for his arrest .....
Tag this Judgment!Court : Gujarat
Reported in : 1981CriLJ232; (1980)2GLR926
..... offence, otherwise non-cognizable, is committed in urban areas, without the police having the power to arrest an offender, it is likely to lead to unhealthy developments in the society, therefore, the policy and philosophy which section 10 of the criminal law amendment act,_ 1932 incorporates art) such as have rational nexus with the maintenance of law and order in urban areas where there is a large expansion of industrial and political activities. ..... , applying the rule of construction laid down in section 8 of the general clauses act, 1897, we read both in section 10 of the criminal law amendment act, 1932 and in the impugned notification reference to ..... we are, therefore, required in this case to decide whether sub-sections (11 and (2) of section 10 of the criminal law amendment act, 1932, are intra vires article 14 or ultra vires it and whether the notification or notifications issued thereunder ..... the provision so re-enacted,(2) where before the fifteenth day of august, 1947, any act of parliament of the united kingdom repealed and re-enacted, with or without modification, any provision of a former enactment, then references in any central act or in any regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enanted.therefore, applying the rule of construction laid down in section 8 of the general clauses act, we must read in section 10 of the criminal law amendment act, 1932. cr. p.c. .....
Tag this Judgment!Court : Chennai
Reported in : 14Ind.Cas.896
..... in this case fourteen persons were tried by a special bench of this court, constituted under section 6(b) of the indian criminal law amendment act, 108, for an offence punishable under section 121a, indian penal code (conspiring to commit certain offences against the state), and also with abetting the ..... code. then, the local government under section 2 of the indian criminal law amendment act directed that the provisions of that act should apply to those proceedings, that is, among other matters, the magistrate who had taken cognizance of the offence should send the accused to the high court for trial upon charges to ..... category. in a recent important trial under the criminal law amendment act, 1908, for an offence under section 1210 of the indian penal code in the calcutta high ..... . in the present case under section 11(3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most ..... 26.64. it has further been urged by the advocate-general that the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied, ..... -general, who appeared for the crown, has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have, therefore, no jurisdiction to review the ..... . ..... . ..... m.w.n. 327 .....
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