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ANDAMAN AND NICOBAR ISLANDS (UT).- After Section 3, Section 3A shall be inserted-"3A. Special provision relating to Andaman and Nicobar Islands.- (1) References in the Code to-(a) the Chief Judicial Magistrate shall be construed as references to the District Magistrate or, where the State Government so directs, also the Additional District Magistrate;(b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or of the second class, shall be construed as references to such Executive Magistrate as the State Government may, by notification in the Official Gazette, specify.(2) The State Government may, if it is of opinion that adequate number of persons are available for appointment as Judicial Magistrates, by notification in the Official Gazette declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands.(3) On the cesser of operation of the provisions of this section, every inquiry or trial pending, immediately before such cesser before the District Magistrate or Additional District Magistrate or any Executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before such cesser, by such Judicial Magistrate as the State Government may specify in this behalf." [Regn. 1 of 1974, Section 3; w.e.f. 30-3-1974].Arunachal Pradesh and Mizoram- (i) After sub-section (4) the following sub-section (5) shall be inserted -"(5) Notwithstanding anything contained in the foregoing provisions of this sub-section, -(i) any reference in such of the provisions of this Code, as apply to the Union Territories of Arunachal Pradesh and Mizoram, to the Court mentioned in column (1) of the Table below shall, until the Courts of Session and Courts of Judicial Magistrate are constituted in the said Union territories, be construed, as references to the Court of Magistrate mentioned in the corresponding entry in column (2) of that Table :TABLE{| | |
1 | 2 |
Court of Session or Sessions Judge or Chief Judicial Magistrate | District Magistrate |
Magistrate or Magistrate of the first class or Judicial Magistrate of the first class | Executive Magistrate |
1 | 2 |
Court of Session of Sessions Judge or Chief Judicial Magistrate. | District Magistrate or Additional District Magistrate. |
Magistrate or Magistrate of the first class or Judicial Magistrate of the first class. | Executive Magistrate. |
Orissa.- In its application to the State of Orissa, in Section 9, to sub-Section (3), add the following proviso, namely :-"Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or sub-division, other than the district or sub-division, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Session shall have all the powers of the Session Judge under this Code, in respect of the cases and the proceedings in the Criminal Courts in that district or sub-division for the purposes of Section 116, Section 193 and 194, Clause (a) of Section 209 and Sections 409 and 449.Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Session Judge under this Code." - Orissa Act 6 of 2004 Section 2.UTTAR PRADESH.- In section 9 after sub-section (5), the following sub-section shall be inserted :"(5-A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his court is held, the senior-most among the Additional Sessions Judges and the Assistant Sessions Judges present at the place, and in their absence. the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of the office of the Sessions Judge and continue in charge thereof until the office is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the power of the Sessions Judge." - [U.P. Act 1 of 1984, Section 2 w.e.f. 1.5.1984].In Section 9 of the Code in sub-section (6) insert the following proviso -"Provided that the Court of Session may hold, or the High Court may direct the Court of Session to hold, its sitting in any particular case at any place in the sessions division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and accused shall not be necessary." - [U.P. Act No. 16 of 1976, Section 2 w.e.f. 28.11.1975].WEST BENGAL.- In section 9 of the Code in sub-section (3) insert the following proviso :"Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Session Judge are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of Section 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449 :Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code." [Section 3 of West Bengal Act No. 24 of 1988] |
ANDAMAN AND NICOBAR ISLANDS, DADRA AND NAGAR HAVELI AND LAKSHADWEEP.- In Section 11 sub-section (3) substitute for the words "any member of the Judicial Service of the State, functioning as a Judge in a Civil Court" the words "any person discharging the functions of a Civil Court". [Regn. 1 of 1974 w.e.f. 30-3-1974].BIHAR.- After sub-section (3) of Section 11 the following sub-section shall be inserted and shall be deemed always to have been inserted, namely :"(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases or particular classes or categories of cases." [Bihar Act 8 of 1977].HARYANA.- After sub-section (i) of Section 11 the following sub-section shall be inserted and shall always be deemed to have been inserted, namely :"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases or to a particular class or classes of cases, or to cases generally in any local area." - [Haryana Act 16 of 1976, Section 2 w.e.f. 24.2.1976].KERALA.- (1) After sub-section (1) of Section 11 the following shall be inserted -"(1-A) The State Government may likewise establish as many special courts of Judicial Magistrates of first class in respect to particular cases or to a class or particular class or classes of cases or in regard to cases generally, in any local area." - [Kerala Act No. 21 of 1987](2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978.Validation.- Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid. [Kerala Act 21 of 1987].PUNJAB.- In Section 11 after sub-section (1), the following sub-section shall always be deemed to have been inserted, namely :"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular case or particular classes of cases or in regard to cases generally, in any local area." - [Punjab Act 9 of 1978 w.e.f. 14.4.1978].RAJASTHAN.- After sub-section (1) of Section 11, the following sub-section shall be inserted, namely :"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular case, or particular classes of cases, or in regard to cases generally, in any local area." [Rajasthan Act 10 of 1977, Section 2, w.e.f. 13.10.1977].UTTAR PRADESH.- After sub-section (1) of section 11 the following sub-section shall be inserted, and be deemed always to have been inserted, namely :"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area." [U.P. Act No. 16 of 1976, Section 3, w.e.f. 30.4.1976] |
NAGALAND.- In sub-sections (1), (2) and (3) the words "High Court" shall be substituted by the words "State Government" wherever it occurs. [Vide Notification No. Law 170/74 Leg., dated 3.7.1975].UTTAR PRADESH.- After sub-section (3) of Section 12 insert the following sub-section -"(4) Where the Office of the Chief Judicial 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 Judicial Magistrates and other Judicial Magistrates present at the place, and in their absence, the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate." [U.P, Act No. 1 of 1984, Section 3, w.e.f. 1-5-1984] |
ANDHRA PRADESH.- In sub-section (2) of Section 13 for the words "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted.In sub-section (2) of section 13 following proviso shall be added -"Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment." [A.P. Act No 2 of 1992, Section 2, w.e.f. 10.4.1992].BIHAR.- In Section 13 of the Code for the words "in any district" the words "in any local area" shall be substituted and shall be deemed to have been always substituted. [Bihar Act 8 of 1977, Section 3, w.e.f. 10-1-1977].HARYANA.- In Section 13 of sub-section (1) of the Code -(a) for the words "second class", the words "first class or second class" shall be substituted and shall always be deemed to have been substituted;(b) for the words "in any district" the words "in any local area" shall be substituted and shall always be deemed to have been substituted. -VALIDATION.- Notwithstanding anything contained in any judgement, decree or order of any court, any notification issued by the Government before the commencement of this Act, purporting to establish any Court of Judicial Magistrate having jurisdiction over more than one district shall be deemed to have been issued under Section 11 read with Section 13 of the principal Act as amended by this Act and be deemed to be and always to have been valid. [Haryana Act No. 16 of 1976, Sections 3 and 4 w.e.f. 24-2-1976].HIMACHAL PRADESH.- In Section 13 for the words "in any district" the words "any local area" shall be substituted. [H.P. Act No. 40 of 1976, Section 2, w.e.f. 13.11.1976].PUNJAB.- In Section 13 of the Code in sub-section (1) for the words "second dass", the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted. [Punjab Act No. 9 of 1978, Section 3, w.e.f. 14.4.1978].UTTAR PRADESH.- In Section 13 of the Code for the words "second class" the words "first or second class" shall be substituted and for the words "in any district" the words "in any local area" shall be substituted.VALIDATION.- Notwithstanding any judgement, decree or order of any Court :(a) any notification of the State Government issued before November 28, 1975 purporting to establish any Court of Judicial Magistrates having jurisdiction over more than one district shall be deemed to have been issued under Section 11 read with Section 13 of the said Code as amended by this Act and be deemed to be and always to have been valid. [U.P. Act No. 16 of 1976, Sections 4 and 11, w.e.f. 1.5.1976] |
MAHARASHTRA.- After Section 14, the following section shall be inserted, namely :14-A. Investing Judicial Magistrates with jurisdiction in specified cases or local area. -The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally, in any local area consisting of all or any of the districts specified by it in this behalf. [Maharashtra Act No. 23 of 1976, Section 2, w.e.f. 9-6-1976] |
BIHAR.- After sub-section (2) of Section 15 insert the following sub-section (3) and shall be deemed always to have been inserted, namely :"(3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court, shall be subordinate to the Chief Judicial Magistrate of the said district and reference in this Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his court". [Bihar Act No. 8 of 1977, Section 4, w.e.f. 10-1-1977] |
UTTAR PRADESH.- In Section 16, after sub-section (3) insert the following :-(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. [U.P. Act 1 of 1984, Section 3, w.e.f. 1-5-1984] |
ANDHRA PRADESH.- In sub-section (2) of Section 18 for the words "not exceeding one year at a time" the words "not exceeding two years at a time", shall be substituted.In sub-section (2) of section 18 following proviso shall be added, -"Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1922, and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment." [A.P. Act No. 2 of 1992, Section 2].MAHARASHTRA.- In sub-section (1) of Section 18 of the Code for the words "in any Metropolitan area" the words "in one or more Metropolitan areas" shall be substituted. [Maharashtra Act No. 23 of 1976, Section 3 w.e.f. 9-6-1976] |
PUNJAB.-Powers of Executive Magistrates.- Notwithstanding anything contained in the Code, -(a) an Executive Magistrate shall, to the exclusion of any other Magistrate, have power to take cognizance of and to try and dispose of cases relating to specified offences;(b) the Executive Magistrate shall, to the exclusion of any other Magistrate, exercise powers of remand under Section 167 of the Code in relation to the specified offences and for that purpose of the said Section 167 shall be so read as if the words "Judicial Magistrate" or "Magistrate" and the words "District Magistrate" were substituted for the words "Chief Judicial Magistrate". [Vide Punjab Act 22 of 1983 (w.e.f. 27th June, 1983].UTTAR PRADESH.- After sub-section (5) of Section 20 of this Code the following sub-section shall be inserted -(6) The State Government may delegate its powers under sub-section (4) to the District Magistrate. [U.P. Act No. 1 of 1984, Section 5 w.e.f. 1-5-1984] |
BIHAR.- Sub-section (6) of Section 24 shall be substituted by following and deemed always to have been substituted -"(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre." [Bihar Act No. 16 of 1984, Section 2 w.e.f. 21-8-1984].HARYANA.- Following Explanation shall be added to sub-sec. (6) of Section 24 of the Code-"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." [Haryana Act No. 14 of 1985, Section 2, w.e.f. 29.11.1985].KARNATAKA.- In sub-section (1) of section 24 :-(i) words and punctuation mark "or State Government shall" be omitted.(ii) for the words "appoint a Public Prosecutor," substitute the words "or the State Government shall appoint a Public Prosecutor." [Karnataka Act No. 20 of 1982, Section 2, w.e.f. 3-9-1981].MADHYA PRADESH.- In its application to the State of Madhya Pradesh in Section 24 of the principal Act, -(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 sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely, -"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an Advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section;(iii) in sub-section (7), after the words, brackets and figure "or sub-section (6)", the words, brackets, figures and letter "or sub-section 6-A" shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and(iv) in sub-section (9), for the words, brackets and figure "or sub-section (7)", the words, brackets, figures and letter "sub-sections (6-A) and (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. [Vide M.P. Act 21 of 1995, Section 3, w.e.f. 24.1995].MAHARASHTRA.- In Section 24, -(a) in sub-section (1), the words "after consultation with the High Court", shall be deleted;(b) after sub-section (4), for the words "in consultation with the Sessions Judge," the words "with the approval of the State Government," shall be substituted. [Maharashtra Act No. 34 of 1981, Section 2. w.e.f. 25-5-1981].RAJASTHAN.- Sub-section (6) of section 24 shall be deemed always to have been substituted by the following -"(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre." [Rajasthan Act No. 1 of 1981 Section 2, w.e.f. 10-2-1980].TAMIL NADU.- (a) in sub-section (6) of section 24 after the expression "sub-section (5)", the following shall be inserted,"but subject to the provisions of sub-section (6-A)";(b) after sub-section (6), the following sub-section (6-A) shall be inserted, namely, -"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section"; and(c) in sub-section (7), after the expression "sub-section (6)", the expression "or sub-section (6 A)" shall be inserted. [Tamil Nadu Act No. 42 of 1980, Section 2, w.e.f. 1-12-1980].UTTAR PRADESH.- In Section 24 :(a) in sub-section (1), after the words "Public Prosecutor" the words "and one or more Additional Public Prosecutors" shall be inserted and be deemed always to have been inserted;(b) after, sub-section (6), the following sub-section shall be inserted and shall be deemed always to have been inserted, namely :"(7) For the purposes of sub-sections (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor shall be deemed to be the period during which such person has been in practice as an advocate." [U. P. Act 33 of 1978, Section 2 w.e.f. 9-10-1978].In Section 24 :(a) in sub-section (1) the words "after consultation with the High Court," shall be omitted;(b) sub-sections (4), (5) and (6) shall be omitted.(c) in sub-section (7), the words "or sub-section (6)" shall be omitted. [U.P. Act No. 18 of 1991, Section 2, w.e.f. 16-2-1991].WEST BENGAL.- In sub-section (6) of Section 24 :(1) For the words "shall appoint a Public Prosecutor or an Additional Public Prosecutor only", the words "may also appoint a Public Prosecutor or an Additional Public Prosecutor" shall be substituted. [W.B. Act No. 26 of 1990, Section 3].(2) In sub-section (6), the proviso shall be omitted |
ORISSA.- In Section 25, sub-section(2), 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. [Vide Orissa Act 6 of 1995, Section 2, w.e.f. 10.3.1995].UTTAR PRADESH.- In Section 25 sub-section (2) 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." [U.P. Act No. 16 of 1976, Section 5 w.e.f 30.4.1976].WEST BENGAL .- For sub-section (3) of section 25 following sub-section shall be substituted:(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 a Judicial Magistrate in any area in a sub-division, wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or(b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the Sub-Division referred to in clause (a), wherein the headquarters of the Sub-Divisional Magistrate are situated, by the Sub-Divisional Magistrate; or(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specifically authorised by the District Magistrate in this behalf.Explanation. - For the purposes of this sub-section, -(i) "Advocate" shall have the same meaning as in the Advocates Act, 1961;(ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b)." [West Bengal Act No. 17 of 1985, Section 3 |
UTTAR PRADESH.- The following clause shall be substituted for clause (b) of Section 26 :"(b) any offence under any other law may be tried, -(i) when any Court is mentioned in this behalf in such law, by such court, or by any Court superior in rank to such court, and(ii) when no Court is so mentioned, by any court by which such offence is shown in the First Schedule to be triable, or by any Court superior in rank to such Court". [U.P. Act No. 1 of 1984, Section 6, w.e.f. 1.5.1984] |
Maharashtra- In its application to the State of Maharashtra, in section 29, -(a) in sub-section (2), for the words "ten thousands rupees", substitute "fifty thousand rupees";(b) in sub-section (3), for the words "five thousands rupees", substitute "ten thousand rupees" - Maharashtra Act 27 of 2007 section 2 w.e.f. 1.12.2007.]MANIPUR.- In its application to the State of Manipur, after sub-section (2), the following sub-section (2-A) shall be added, namely, -"(2-A). The Court of a specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both". [Vide Manipur Act 3 of 1985, Section 4(2), Sch. (dated 23rd March, 1985 up to a period of three years].PUNJAB.- In relation to the specified offences, the Code shall be so read as if after Section 29 of the Code, the following section was inserted, namely :"29-A. Sentences which Executive Magistrates may pass.- An Executive Magistrate may pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding five thousand rupees, or of both. [Vide Punjab Act 22 of 1983, Section 5, w.e.f. 27.6.1993].CHANDIGARH.- Same as in the State of Punjab |
ASSAM.- Sub-section (2) of Section 45 of the Code shall be substituted by the following :-"(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply -(a) to such class or category of the members of the Forces charged with the maintenance of public order, or(b) to such class or category of other public servants (not being persons to whom the provisions of sub-section (1) apply) charged with the maintenance of public order,as may be specified in the notification, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression `Central Government' occurring therein, the expression `State Government' were substituted. [Assam (President's) Act 3 of 1980, Section 2, w.e.f. 5-6-1980] |
Prior to its substitution by Act of 5 of 2009, Section 54 read a under :-54. Examination of arrested person by medical practitioner at the request of the arrested person-(1) When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.(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. |
UTTAR PRADESH.- In its application to the State of Uttar Pradesh, in Section 54, insert the following sentence at the end, namely :-"The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost." [U.P. Act No. 1 of 1984, Section 7, w.e.f. 1-5-1984] |
UTTAR PRADESH."54-A. Test identification of the accused- When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested." [U.P. Act No. 1 of 1984, Section 8, (w.e.f. 1.5.1984)] |
ANDMAN AND NICOBAR AND LAKSHADWEEP ISLANDS.- (i) In sub-section (1) after the words "to be served by registered post." insert the words "or of the substance thereof to be served by wireless message."(ii) In sub-section (2) for the words "that the witness refused to take delivery of the summons," substitute the words "or a wireless messenger that the witness refused to take delivery of the summons or the message, as the case may be." [Regn. 6 of 1977, Section 2 w.e.f. 17.11.1977] |
UTTAR PRADESH.- Insert the following third proviso in Section 81(1) :"Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence, or any Judicial Magistrate in the case of a bailable offence may pass such order as he thinks fit for his custody till such time as may be necessary for his removal to the Court which issued the warrant." [U.P. Act No. 1 of 1984. Section 9, w.e.f. 1-5-1984] |
MADHYA PRADESH.- In its application to State of Madhya Pradesh in Section 125.(1) sub-section (1) for the words "five hundred rupees" the words "three thousand rupees" shall be substituted. [Vide M.P. Act 10 of 1998, Section 3, W.e.f. 29.5.1998].(2) For the marginal heading, substitute the following the marginal heading, namely - "Order for maintenance wives, children, parents and grand parents"(3) In sub-section 1 -(a) after clause (d) insert the following clause namely -"(e) his grandfather, grandmother unable to maintain himself or herself,"(b) in the existing para, for the words "a Magistrate of the first class may, upon proof of such regelate or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding three thousand rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct", substitute "a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father mother, grandfather, grand mother at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct";MAHARASHTRA.- In Section 125 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra (hereinafter referred to as "the said Code"), -(a) in sub-section (1), -(i) for the words "not exceeding five hundred rupees" the words "not exceeding fifteen hundred rupees" shall be substituted;(ii) before the existing proviso, the following proviso shall be inserted, namely :-Provided that, the Magistrate, on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is aprima facieground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application :Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrateex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter :Provided also that, subject to the celling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.";(iii) in the existing proviso, for the words "Provided that" the words "Provided also that" shall be substituted;(b) after sub-section (2), the following sub-section (2-A) shall be inserted, namely :"(2-A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under Cl. (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties."(c) in sub-section (3), -(i) after the words "so ordered" the words, brackets, figures and letter "either under sub-section (1) or sub-section (2-A), as the case may be", shall be inserted;(ii) after the words "each month's allowance" the words "or, as the case may be, the lump sum allowance to be paid in lieu of the monthly allowance" shall be inserted. [Vide The Code of Criminal Procedure (Maharashtra Amendment) Act, 1998 (21 of 1999), Section 2, w.e.f. 20.4.1999].RAJASTHAN.- In its application to the State of Rajasthan, in section 125, sub-section (1), for the words "five hundred" occurring after the words "at such monthly rate not exceeding" and before the words "rupees in the whole", substitute "two thousand five hundred". [Rajasthan Act 3 of 2001, Section 2].TRIPURA.- In its application to the State of Tripura, in Section 125, sub-section (1), for the words "five hundredths rupees", substitute "one thousand five hundred rupees". - Tripura Act 9 of 1999, Section 2, w.e.f. 9.4.1999. [This State amendment was made prior to the enactment of Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) by the which the words "not exceeding five hundred rupees) in the whole" have been omitted (See Section 2, Cr.P.Code (Amdt.) Act, 2001, w.e.f. 24.9.2001 - Ed.]UTTAR PRADESH.- In its application to the State of Uttar Pradesh, in Section 125, -in sub-section (1), for the words "five hundred rupees", substitute, "five thousand rupees";(b) after sub-section (5), insert the following sub-section, namely :-"(6) Where in a proceeding under this section it appears to the Magistrate that the person claiming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the Magistrate may, on his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such monthly allowance not exceeding five thousand rupees and such expenses of the proceeding as the Magistrate consider reasonable and such order shall be enforceable as an order of maintenance." [Uttar Pradesh Act 36 of 2000, Section 2, w.e.f. 13.8.2001.]WEST BENGAL.- In its application to the State of West Bengal in sub-section (1) of Section 125 of the principal Act, -(1) for the words "five hundred rupees", the words "one thousand and five hundred rupees" shall be substituted;(2) after the existing proviso the following proviso shall be inserted :"Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred to in Cl. (a) or the minor child referred to in Cl. (b) or the child (not being a married daughter) referred to in Cl. (c) or the father or the mother referred to in Cl. (d) is in need of immediate relief for her or its or his support and the necessary expenses of the proceedings, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the Magistrate to be reasonable. [Vide West Bengal Act 25 of 1992, Section 4, w.e.f. 2.8.1993] |
MAHARASHTRA.- In Section 127 of the said Code, -(a) in sub-section (1), in the proviso, for the words "five hundred rupees" the words "fifteen hundred rupees" shall be substituted;(b) in sub-section (4), -(i) for the words "monthly allowance", where they occur for the first time, the words "maintenance allowance" shall be substituted;(ii) after the words "monthly allowance", where they occur for the second time, the words "or, as the case may be, the lump-sum allowance" shall be inserted. [Vide Code of Criminal Procedure (Maharashtra Amendment) Act, 1998 (21 of 1999), Section 3, w.e.f. 20.4.1999].RAJASTHAN.- In its application to the State of Rajasthan, in Section 127, sub-section (1), for the words "five hundred" occurring after the words "the monthly rate of" and before the words "rupees in the whole", substitute "two thousand five hundred". [Rajasthan Act 3 of 2001, Section 3].TRIPURA.- In its application to the State of Tripura, in section 127, sub-section (1), in the proviso, for the words 'five hundred rupees", substitute "one thousand rupees". - Tripura Act 9 of 1999, Section 3, w.e.f. 9.4.1999. [This State amendment was made prior to the enactment of Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001 by which the words "not exceeding five hundred rupees) in the whole" have been omitted (see section2, Cr.P.Code (Amdt.) Act, 2001, w.e.f. 24.9.2001 - Ed.]UTTAR PRADESH.- In its application to the State of Uttar Pradesh, in Section 127, sub-section (1), in the proviso, for the words "five hundred rupees", substitute "five thousand rupees". [Uttar Pradesh Act 36 of 2000, Section 3, w.e.f. 13.8.2001.]WEST BENGAL.- In its application to the State of West Bengal, in section 127, sub-section (1), in the proviso, for the words "five hundred rupees", substitute "one thousand rupees". - West Bengal Act 14 of 1995, Section 2, w.e.f. 2.8.1995. [This State amendment was made prior to the enactment of Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) by which the words "not exceeding five hundred rupees) in the whole" have been omitted (See section 2, Cr.P.Code (Amdt.) Act, 2001, w.e.f. 24.9.2001] |
MAHARASHTRA.- In section 145 -(a) in sub-section (1), for the words `Whenever an Executive Magistrate' the words `Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate' shall be substituted;(b) for sub-section (10), the following sub-section shall be substituted, namely, -"(10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under Section 107. In the case of a Metropolitan Magistrate taking action under this section, if at any stage of the proceeding, he is of the opinion that the dispute calls for an action under section 107, he shall after recording his reasons, forward the necessary information to the Executive Magistrate having jurisdiction, to enable him to proceed under that section." [Maharashtra Act No. 1 of 1978, Section 2, w.e.f. 15.4.1978].Saving of proceedings pending before Executive Magistrates in Greater Bombay under Sections 145 to 147 of Act 2 of 1974.- If any proceedings under Sections 145, 146 or 147 of the said Code are pending before any Executive Magistrate in Greater Bombay on the day immediately preceding the date of commencement of this Act, they shall be continued, heard and disposed of by that Magistrate, as if this Act had not been passed. [Vide Maharashtra Act 1 of 1978, Sections 3 and 5 with effect 15.4.1978] |
MAHARASHTRA.- In section 147 in sub-section (1), for the words "Whenever an Executive Magistrate" the words "Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate" shall be substituted. [Maharashtra Act No. 1 of 1978, Section 3, w.e.f. 15.4.1978].Saving of proceedings pending before Executive Magistrate in Greater Bombay under Sections 145 to 147 of Act 2 of 1974.- If any proceedings under Sections 145, 146 or 147 of the said Code are pending before any Executive Magistrate in Greater Bombay on the day immediately proceeding the date of commencement of this Act, they shall be continued, heard and disposed of by that Magistrate, as if this Act had not been passed. [Vide Maharashtra Act 1 of 1978, Sections 2 and 5, with effect from 15.4.1978.] |
MAHARASHTRA.- In section 151 -(a) in sub-section (2), after the words "required or authorised" insert the words, brackets and figure "under sub-section (3) or";(b) after sub-section (2) insert the following sub-section, namely :-"(3)(a) Where a person is arrested under this section and the officer making the arrest, or the officer in charge of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the Court of a Judicial Magistrate) is necessary, by reason that-(i) the person is likely to continue the design to commit, or is likely to commit, the cognisable offence referred to in sub-section (1) after his release; and(ii) the circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order;the officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for a continued detention of such person for the period longer than twenty-four hours.(b) Notwithstanding anything contained in this Code or any other law for the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of such person in custody beyond the period of twenty-four hours, he may, from time to time, by order remand such person to such custody as he may think fit :Provided that, no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person.(c) When any person is remanded to custody under clause (b), the Magistrate shall, as soon as may be, communicate to such person the grounds on which the order has been made and such person may make a representation against the order to the Court of Session. The Sessions Judge may, on receipt of such representation, after holding such inquiry as he deems fit, either reject the representation, or if he considers that further detention of the arrested person is not necessary, or that it is otherwise proper and just so to do, may vacate the order and the arrested person shall then be released forthwith." [Maharashtra Act No. 7 of 1981 Section 18, w.e.f. 27.5.1980] |
ANDAMAN AND NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.).- After Section 164(1) following shall be inserted :-"(1-A) Where, in any island, there is no Judicial Magistrate for the time being and the State Government is of opinion that it is necessary and expedient so to do, that Government may after consulting the High Court, specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon reference in section 164 to a Judicial Magistrate shall be construed as reference to the Executive Magistrate so empowered." [Regulation No. 1 of 1974, Section 5 w.e.f. 30.3.1974]. |
ANDAMAN AND NICOBAR ISLANDS AND LAKSHDWEEP ISLANDS.- In Section 167-(i) in sub-section (1), after the words "nearest Judicial Magistrate", insert the words "or, if there is no Judicial Magistrate in an Island, to an Executive Magistrate functioning in that Island";(ii) after sub-section (1) the following shall be inserted -"(1-A) Where a copy of the entries in the diary is transmitted to an Executive Magistrate, references in section 167 to a Magistrate shall be construed as references to such Executive Magistrate."(iii) to sub-section (3) the following proviso shall be added -"Provided that no Executive Magistrate, other than the District Magistrate or Sub-divisional Magistrate, shall, unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police;"(iv) to sub-section (4) the following proviso shall be added -"Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate." [Regulation 1 of 1974 Section 5 (b) w.e.f. 30.3.1974].ANDHRA PRADESH.- In sub-section (2) :(i) to clause (b), the following shall be added at the end -"either in person or through the medium of electronic video linkage;"(ii) in the Explanation II thereunder, for the words "an accused person was produced", the words "an accused person was produced in person or as the case may be through the medium of electronic video linkage" shall be substituted. [Vide A.P. Act No. 31 of 2001, w.e.f. 6.12.2000.]GUJARAT.- In the proviso to sub-section (2) of Section 167 -(i) for Paragraph (a), the following paragraph shall be substituted, namely :-"(a) the Magistrate may authorise detention of the accused person otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding -(i) one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;(ii) sixty days, where the investigation relates to any other offence;and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter";(ii) In paragraph (b), for the words "no Magistrate shall", the words " no Magistrate shall, except for reasons to be recorded in writing", shall be substituted.(iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, the following Explanation shall be inserted, namely :-"Explanation I.- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail." [Gujarat Amendment Act, (President Act) 21 of 1976 Section 2 w.e.f. 7.5.1976].(iv) in the proviso for paragraph (b), substitute the following paragraph, namely :-(b) no Magistrate shall authorise further detention in any custody under this section unless -(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and(ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the Magistrate";inExplanation II,after the words "whether an accused person was produced before the Magistrate", insert "in person or, as the case may be, through the medium of electronic video linkage". - Code of Criminal Procedure (Gujarat Amendment) Ordinance, 2003, Section 2, w.e.f. 16.8.2003.HARYANA.- After Section 167 the following section shall be inserted -"167-A. Procedure on arrest by Magistrate.- For the avoidance of doubt, it is hereby declared that the provisions of section 167 shall, so far as may be, apply also in relation to any person arrested by or under any order or direction of a Magistrate whether Executive or Judicial".[Haryana Act 20 of 1981 w.e.f. 22.12.1981].MANIPUR.- In its application to the State of Manipur, in Cl. (a) at the proviso to sub-section (2) of Section 167, -(a) for the words "ninety days" wherever they occur, the words "one hundred eighty days" shall be substituted;(b) for the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted. [Vide Manipur Act 3 of 1983, Section 3].ORISSA.- In its application to the State of Orissa, in section 167, in paragraph (a) of the proviso to sub-section (2), -for the words "under this paragraph", substitute "under this section"; andfor the words "ninety days" wherever they occur, substitute "one hundred and twenty days". [Orissa Act 11 of 1997, Section 2, w.e.f. 20.10.1997.]PUNJAB.- In sub-section (2) of Section 167 the words "fifteen days" was substituted by the words "thirty days" by the President Act 1 of 1984 which was again reversed by the Punjab Act 9 of 1986 w.e.f. 8.4.1986.TRIPURA.- In paragraph (a) of the proviso to Sub-section (2) of Section 167 -(i) for the words "ninety days" wherever they occur, the words "one hundred eighty days" shall be substituted;(ii) for the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted. [Tripura Act No. 6 of 1992, Section 2, w.e.f. 29.7.1992].UTTAR PRADESH.- Following Section 167-A shall be inserted :"167-A. Procedure on arrest by Magistrate.- For the avoidance of doubts, it is hereby declared that the provisions of Section 167 shall, so far as may be, apply also in relation to any person arrested by, or under any order or direction of, a Magistrate, whether Executive or Judicial." [U.P. Act 18 of 1977, Section 2 w.e.f. 5.11.1977].WEST BENGAL.- (1) For sub-sec. (5) of Section 167 following sub-section shall substituted-"(5) If, in respect of -(i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii) any case exclusively triable by Court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation is not concluded within period of three years, or(iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary."(2) In sub-section (6) after the words "any order stopping further investigation into an offence has been made" the words "and the accused has been discharged" shall be inserted. [W.B. Act No. 24 of 1988, Section 4]Rajasthan.- (1) For sub-sec. (2) of Section 167 following sub-section shall substituted-(i) for the existing paragraph (b) the following shall be substituted, namely:-"(b) where the accused is in police custody, no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him in person;(bb) where the accused is in judicial custody, no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him either in person or through the medium of electronic video linkage;"(ii) for the existing Explanation II, following shall be substituted, namely:-"Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b) and (bb), the production of the accused person may be proved-(i) by his signature on the order authorising detention, if he is produced in person; or(ii) by a certificate to the effect that he was produced through the medium of electronic video linkage recorded by the Magistrate on the order authorising detention, if he is produced through the medium of electronic video linkage."[Rajasthan Act No. 16 of 2005, dated 8.7.2005.] |
PUNJAB AND UT OF CHANDIGARH.- In relation to the specified offences, the Code shall be so read as if after Section 190 of the Code, the following section was inserted, namely :"190-A. Cognizance of offences by Executive Magistrate.- Subject to the provisions of this Chapter any Executive Magistrate may take cognizance of any specified offences. -(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police report of such facts;(c) upon information received from any person other than a police officer, upon his own knowledge, that such offence has been committed." [Vide Punjab Act 22 of 1983, Section 6, w.e.f. 27.6.1983] |
PUNJAB AND UT OF CHANDIGARH.- In relation to the specified offences, Section 191 of the Code shall be read as if for the words, brackets and figures "Cl. (c) of sub-section (1) of Section 191", the word, figures and letter "Section 191-A" were substituted and for the word "Magistrate", wherever occur, and the words, "Chief Judicial Magistrate" the words "Executive Magistrate" and "District Magistrate" respectively were substituted. [Vide Punjab Act 22 of 1983, Section 7, w.e.f. 27.6.1983] |
PUNJAB.- In relation to the specified offences, Section 192 of the Code shall be so read as if for the words "Chief Judicial Magistrate" and the words "Magistrate of the first class" wherever occur, the words "District Magistrate" and "Executive Magistrate", respectively were substituted. [Vide Punjab Act 22 of 1983, Section 8, w.e.f. 27.6.1983].CHANDIGARH.- Same as in Punjab |
ASSAM.- For sub-section (3) of Section 197 the following sub-section shall be substituted -"(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply, -(a) to such class or category of the members of the Forces charged with the maintenance of public order, or(b) to such class or category of other public servants (not being persons to whom the provisions of sub-section (1) or sub-section (2) apply) charged with the maintenance of public order,as may be specified in the notification, wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" was substituted. [Assam (President) Act No. 3 of 1980 w.e.f. 5.6.1980].MAHARASHTRA.- After Section 197 following Section shall be inserted -197-A. Prosecution of Commissioner or Receiver appointed by Civil Court.- When any person who is a Commissioner or Receiver appointed by a Court under the provisions of the Code of Civil Procedure, 1908, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his functions as Commissioner or Receiver, no Court shall take cognizance of such offence, except with the previous sanction of the Court, which appointed such person as Commissioner or Receiver, as the case may be. [Maharashtra Act 60 of 1981, Section 2 w.e.f. 5.10.1981].MANIPUR.- For sub-section (3) of Section 197, the following section shall be substituted, namely :"(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply, -(a) to such class or category of the members of the Forces charged with the maintenance of public order; or(b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1) or sub-section (2) apply] charged with the maintenance of public order;as may be specified in the notification, wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression "Central Government" occurring therein the expression "State Government" were substituted. [Vide Manipur Act 3 of 1983, Section 4] |
GUJARAT.- For clause (a), the following clause shall be substituted, namely :-"(a) Commit the case, after complying with the provisions of Section 207 or Section 208, as the case may be, to the Court of Session, and subject to the provision of this Code relating to bail, remand the accused to custody until such commitment has been made." [President Act 30 of 1976, Section 2 w.e.f 7.7.1976].UTTAR PRADESH.- For clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely :-"(a) as soon as may be after complying with the provisions of Section 207, commit the case to the Court of Session;(b) subject to the provisions of this Code relating to bail, remand the accused to custody until commitment of the case under clause (a) and thereafter during and until the conclusion of trial." [U.P. Act No. 16 of 1976, Section 6.] |
KARNATAKA.- in its application to the State of Karnataka, in section 228, clause (a) of sub-section (1), for the words "to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate", substitute "to the Chief Judicial Magistrate or to any Judicia Magistrate competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred". [Karnataka Act 22 of 1994, Section 2, w.e.f. 18.5.1994.]WEST BENGAL.- In clause (a) of sub-section (1) of Section 228 for the words "to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate", the words "to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted. [West Bengal Act No. 63 of 1978, Section 3 w.e.f. 1.6.1979] |
WEST BENGAL.- After sub-section (2) of the Section 245 insert the following sub-section namely :-"(3) If the evidence referred to in Section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused." [W.B. Act 24 of 1988, Section 2] |
GUJARAT.- In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the principal Act"), in Section 273, after the words "in the presence of his pleader", the words "or as the case may be, through the medium of Electronic Video Linkage when the Court on its own motion or on an application so directs in the interests of justice" shall be added. [Gujarat Act No. 31 of 2017, Section 273.] |
GUJARAT.- After sub-section (3) of the Section 278 added the following sub-section namely :-"(4) Nothing contained in sub-Sections (1) to (3) shall apply when the evidence under Section 273 is taken through the medium of Electronic Video Linkage.(5) The evidence taken through the medium of Electronic Video Linkage in electronic form shall be the electronic record within the meaning of clause (t) of Section 2 of the Information Technology Act, 2000 (21 of 2000)." [Gujarat Act No. 31 of 2017, Section 278] |
GUJARAT.- In the principal Act, in Section 281, in sub-Section (6), after the words "the examination of an accused person", the words "either through the medium of Electronic Video Linkage or" shall be inserted. [Gujarat Act No. 31 of 2017, section 281] |
GUJARAT.- In the principal Act, in Section 291, in sub-Section (1), after the words "in the presence of accused", the words "or as the case may be through the medium of Electronic Video Linkage" shall be inserted. [Gujarat Act No. 31 of 2017, section 291] |
UTTAR 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. [U.P. Act No. 16 of 1976, Section 7, w.e.f. 1.5.1976] |
WEST BENGAL.- The following shall be substituted for sub-section (1) of Section 301 :"(1)(a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal,(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry or trial." [West Bengal Act No. 26 of 1990, Section 4] |
MAHARASHTRA.- In section 309 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra (hereinafter, in this chapter, referred to as "the Code of Criminal Procedure"), after the existing proviso, the following proviso shall be added, namely:-"Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months from the date of filling of the charge-sheet." |
Prior to substitution sub section (1) read as;(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.[Provided that when the inquiry or trial relates to an offence under Sections 376 to 376-D of the Indian Penal Code (45 of 1860), the inquiry or trial shall, as far as possible, be completed within a period or two months from the date of commencement of the examination of witnesses.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 21 (a).] |
GUJARAT.- In the principal Act, to Section 317, the following Explanation shall be added, namely :-"Explanation.- For the purpose of this Section "Personal attendance of the accused" shall include his attendance through the medium of Electronic Video Linkage as provided in Section 273." [Gujarat Act No. 31 of 2017, section 317] |
Offence. | Section of the Indian Penal Code applicable. | Person by whom offence may be compounded |
1. | 2. | 3 |
Uttering words.. etc..with deliberate intent to wound the religious feelings of any person. | 298. | The person whose religious feelings are intended to be wounded. |
Voluntarily causing hurt. | 323. | The person to whom the hurt is caused. |
Voluntarily causing hurt on provocation. | 334. | Ditto. |
Voluntarily causing grievous hurt on provocation. | 335. | Ditto. |
Wrongfully restraining or confining any person. | 341,342. | The person restrained or confined. |
Wrongfully confining a person for three days or more. | 343. | The person confined. |
Wrongfully confining a person for ten days or more. | 344. | Ditto. |
Wrongfully confining a person in secret. | 346. | Ditto. |
Assault or use of criminal force. | 352,355, 358. | The person assaulted or to whom criminal force is used. |
Theft. | 379. | The owner of the property stolen. |
Dishonest misappropriation of property. | 403. | The owner of the property misappropriated. |
Criminal breach of trust by a carrier.. wharfinger. etc. | 407. | Ditto. |
Dishonestly receiving stolen property knowing it to be stolen. | 411. | The owner of the property stolen. |
Assisting in the concealment or disposal of stolen property. knowing it to be stolen. | 414. | Ditto. |
Cheating. | 417. | The person cheated. |
Cheating by personation. | 419. | Ditto. |
Fraudulent removal or concealment of property. etc. to prevent distribution among creditors. | 421. | The creditors who are affected thereby. |
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | 422. | Ditto. |
Fraudulent execution of deed of transfer containing false statement of consideration. | 423. | The person affected thereby. |
Fraudulent removal or concealment of property. | 424. | Ditto. |
Mischief.. when the only loss or damage caused is loss or damage to a private person. | 426, 427. | The person to whom the loss or damage is caused. |
Mischief by killing or maiming animal. | 428. | The owner of the animal. |
Mischief by killing or maiming cattle.. etc. | 429. | The owner of the cattle or animal. |
Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. | 430. | The person to whom the loss or damage is caused. |
Criminal trespass. | 447. | The person in possession of the property trespassed upon. |
House-trespass. | 448. | Ditto. |
House-trespass to commit an offence (other than theft) punishable with imprisonment. | 451. | The person in possession of the house trespassed upon. |
Using a false trade or property mark. | 482. | The person to whom loss or injury is caused by such use. |
Counterfeiting a trade or property mark used by another. | 483. | The person to whom loss or injury is caused by such use. |
Knowingly selling. or exposing or possessing for sale or for manufacturing purpose. goods marked with a counterfeit property mark. | 486. | Ditto. |
Criminal breach of contract of service. | 491. | The person with whom the offender has contracted. |
Adultery. | 497. | The husband of the woman. |
Enticing or taking away or detaining with criminal intent a married woman. | 498. | The husband of the woman and the woman. |
Defamation.. except such cases as are specified against section 500 of the Indian Penal Code(45 of 1860) in column 1 of the Table under sub-section (2). | 500. | The person defamed. |
Printing or engraving matter.. knowing it to be defamatory. | 501. | Ditto. |
Sale of printed or engraved substance containing defamatory matter. knowing it to contain such matter. | 502. | Ditto. |
Insult intended to provoke a breach of the peace. | 504. | The person insulted. |
Criminal intimidation. | 506. | The person intimidated. |
Inducing person to believe himself and object of divine displeasure. | 508. | The person induced.] |
Offence | Section of the Indian Penal Code applicable | Person by whom offence may be compounded |
1 | 2 | 3 |
Causing miscarriage. | 312 | The woman to whom miscarriage is caused. |
Voluntarily causing grievous hurt. | 325 | The person to whom hurt is caused. |
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 337 | Ditto |
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 338 | Ditto |
Assault or criminal force in attempting wrongfully to confine a person. | 357 | The person assaulted or to whom the force was used. |
Theft by clerk or servant of property in possession of master. | 381 | The owner of the property stolen. |
Criminal breach of trust. | 406 | The owner of property in respect of which the breach of trust has been committed. |
Criminal breach of trust by a clerk or servant. | 408 | Ditto |
Cheating a person whose interest the offender was bound either by law or by legal contract to protect. | 418 | The person cheated. |
Cheating and dishonestly inducing delivery of property or the making alteration or destruction of a valuable security. | 420 | The person cheated. |
Marrying again during the life-time of a husband or wife. | 494 | The husband or wife of the person so marrying. |
Defamation against the President or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the Public Prosecutor. | 500 | The person defamed. |
Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman. | 509 | The woman whom it was intended to insult or whose privacy was intruded upon.] |
ANDHRA PRADESH.- In its application to the State of Andhra Pradesh, in Section 320, in sub-section (2), the Table and in the column thereof; after item, -{| | ||
"(1). | (2). | (3) |
"Marrying again during the lifetime of a husband or wife. | 494. | The husband or wife of the person so marrying". |
"Husband or relative or husband of a woman subjecting her to cruelty. | 498-A. | The women subjected to cruelty : Provided that a minimum period of date of request or application for compromise before a Court and the Court can accept a request for compounding an offence under section 498-A of the Indian Pena Code.. 1860.. provided none of the parties withdraw the case in the intervening period." - Andhra Pradesh Act 11 of 2003..Section 2(w.e.f. 1.8.2003.) |
 |  |  |
"(1) | (2) | (3) |
Rioting | 147 | The person against whom the force or violence is used at the time of committing an offence :Provided that the accused is not charged with other offence which is not compoundable. |
Rioting armed with deadly weapon | 148 | The person against whom the force or violence is used at the time of committing an offence :Provided that the accused is not charged with other offence which is not compoundable. |
Obscene acts or use of obscene words | 294 | The person against whom obscene acts were done or obscene words were used."; |
"(1) | (2) | (3) |
Criminal intimidation if threat to cause death or grievous hurt etc | Part II of Section 506 | The person against whom the offence of Criminal Intimidation was committed."- Madhya Pradesh Act 17 of 1999 section 3 (w.e.f.21.5.1999). |
UTTAR PRADESH.- In Section 321 after the words "in charge of a case may" insert the words "on the written permission of the State Government to that effect (which shall be filed in Court)". - [U.P. Act No. 18 of 1991, Section 3 w.e.f. 16.2.1991]. |
RAJASTHAN.- (a) In sub-section (1) for "Magistrate", wherever occurring the "Judge or Magistrate" shall be substituted.(b) In sub-section (2), before the words "from one Magistrate to another Magistrate" the words "From one Judge to another Judge, or" shall be inserted. [vide Raj. Act No. 10 of 1977, Section 3 w.e.f. 3.3.1977].UTTAR PRADESH.- In sub-section (1) for "Magistrate", substitute "Judge or Magistrate"; in sub-section (2), before the words "from one Magistrate to another Magistrate" insert the words "from one Judge to another Judge, or". [U.P. Act No. 16 of 1976, Section 8 w.e.f. 1.5.1976] |
ANDHRA PRADESH.- In its application to the State of Andhra Pradesh, in section 357, -in sub-section (1), after the words "the Court may", insert "and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of articles 366 of the Constitution of India except when both the accused person and the person against whom an offence is committed belong either to such castes or tribes, the Court shall," andfor sub-section (3), substitute the following sub-section, namely :-"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of article 366 of the Constitution of India, the Court shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced :Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belongs either to the Scheduled Castes or the Scheduled Tribes." [Andhra Pradesh Act 21 of 1993, section 2, w.e.f. 3.9.1993].BIHAR.- In sub-section (1) of section 357 the following proviso shall be added :"Provided that the person against whom an offence is committed belongs to Scheduled Castes and to Scheduled Tribes as defined under clause (24) and clause (25) to Article 366 of the Constitution, the Court shall at the time of judgment pass order that the entire amount of fine realised or any part of it will be utilised for the benefit of such person by way of compensation." [Bihar Act No. 9 of 1985, Section 2 w.e.f. 13.8.1985].GOA.- In its application to the State of Goa, in Section 357 -(i) in sub-section (1) for the brackets, figure and words "(1) When a Court imposes a sentence of fine (or a sentence including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied", the brackets, figure and words "(1) When a Court imposes a sentence of fine (or a sentence including a sentence of death) of which fine forms a part, the Court may, and where a person against whom an offence is committed belongs to the Scheduled Caste or Scheduled Tribe as defined in Cls. (24) and (25) of Art. 366 of the Constitution except when both the accused person and the person against whom an offence is committed belong either to such Caste or Tribe, order the whole or any part of the fine recovered to be applied", shall be substituted; and(ii) for sub-section (3), the following sub-section shall be substituted namely -"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to the Scheduled Castes or Scheduled Tribes as defined in Cls. (24) and (25) of Article 366 of the Constitution, the Court shall when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced :Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes. [Goa Act 1 of 1987, Section 2, w.e.f. 12.2.1987].KARNATAKA.- (a) In section 357 in sub-section (1), after the words "the Court may" insert "and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe the Court shall";(b) for sub-section (3), substitute the following :"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to a Scheduled Caste or Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall, when passing judgment, order the accused person to pay, by way or compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced." - [Karnataka Act No. 27 of 1987, Section 2 w.e.f. 22.7.1987].MADHYA PRADESH.- (i) in sub-section (1), for the brackets, figure and words "(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied", the brackets, figure and words "(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belong either to such Castes or Tribes, the Court shall, when passing judgment, order the whole or any part of the fine recovered to be applied" shall be substituted, and(ii) for sub-section (3), the following sub-section shall be substituted, namely :"(3) When a Court imposes a sentence, of which fine does not form a part, the court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of Article 366 of the Constitution, the Court shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced :Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Casts or the Scheduled Tribes". [M.P. Act No. 29 of 1978, Section 3, w.e.f. 5.10.1978].RAJASTHAN.- In Section 357 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), -(i) in sub-section (1), between the expression " the Court may" and the expression "when passing judgment", the expression "and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall", shall be inserted; and(ii) in sub-section (3), between the expression "the Court may" and the expression "when passing judgment", the expression "and where the person against whom an offence is committed belong to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall," shall be inserted. [Rajasthan Act 3 of 1993, Section 2].UTTAR PRADESH.- In section 357, -(a) in sub-section (1), after clause (d), insert the following proviso :-"Provided that if a person who may receive compensation under clauses (b), (c) and (d) is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes, the Court shall order the whole or any part of the fine recovered to be applied in payment of such compensation.";(b) for sub-section (3) substitute the following :-"(3) When a Court imposes a sentence, of which fine does not form a part, the court may, and where the person who has suffered the loss or injury is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, when passing judgment, order the person sentenced to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the person has been so sentenced.";(c) after sub-section (5), insert the following Explanation namely :-"Explanation.- For the purposes of this section expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution." [U.P. Act 17 of 1992, Section 2]WEST BENGAL.- (a) In sub-section (1) for "When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied -" substitute "When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where the person against whom an offence has been committed belongs to a Scheduled Castes or Scheduled Tribes, except when both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes, shall, when passing judgment, order the whole or any part of the fine recovered to be applied-";(b) for sub-section (3), substitute the following -"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced :Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes.(c) after sub-section (5) insert the following Explanation -"Explanation.- For the purposes of this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of Article 336 of the Constitution of India." - [West Bengal Act No. 33 of 1985, Section 3] |
KARNATAKA.- Insert the following proviso after the first proviso to sub-section (5) of Section 363 :-"Provided further that the State shall, on an application made in this behalf by the Prosecuting Officer, be given, free of cost, a certified copy of such judgment, order, deposition or record with the prescribed endorsement". [Karnataka Act No. 19 of 1985, Section 2 w.e.f. 25.6.1985] |
PUNJAB.- In relation to the specified offences, sub-section (3) of Section 374 of the Code shall be so read as if for the words "Magistrate of the first class", "Executive Magistrate" were substituted. [Punjab Act 22 of 1983, Section 9, w.e.f. 27.6.1983].CHANDIGARH.- Same as Punjab |
ANDAMAN AND NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.)(i) - Re-number Section 382 as sub-section (1) and after re-numbering add the following provisos and Explanation :-"Provided that, where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its presentation and, if he is satisfied that by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under Section 383, exercise all or any of the powers of the proper Appellate Court under sub-section (1) of Section 389 with regard to suspension of sentence or release of a convicted person on bail :Provided further that the order so made by the Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court.Explanation.- For the purposes of the provisos to this section, and Section 383, "Administrator" in relation to a Union Territory, means the Administrator appointed by the President under Article 239 of the Constitution for that Union Territory."(ii) After sub-section (1) following shall be inserted -"(2) For the purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or, as the case may be, under Section 383, shall be deemed to be an appeal presented to the proper Appellate Court." [Regulation No. 1 of 1974, Section 5(c) and (d), w.e.f. 30.3.1974] |
ANDAMAN AND NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.)- Insert the following words at the end of Section 383 -"or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the proper Appellate Court, they shall be forwarded to the Administrator or an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court." [Regulation 1 of 1974, Section 5(e) w.e.f. 30.3.1974] |
TAMIL NADU.- In Section 427 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), after sub-section (1) the following sub-section shall be inserted, namely :-"(1-A) Notwithstanding anything contained in sub-section (1), when a person already undergoing 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 or theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced." [Tamil Nadu Act 28 of 1993, Section 6] |
UTTAR PRADESH.- In sub-section (1) of Section 436 in the first proviso for the word "discharge" the word "release" shall be substituted. [U.P. Act 1 of 1984 Section 10 w.e.f. 1.5.1984] |
PUNJAB.- In relation to the specified offences, Section 437 of the Code shall be so read as if the following sub-section was added after sub-section (7) of that section, namely :-"(8) Before releasing the accused on bail under sub-section (1) or sub-section (2), the Court shall give prosecution a reasonable opportunity to show cause against such release." [Punjab Act 22 of 1983, Section 10] |
Maharashtra.- For Section 438 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra, the following section shall be substituted, namely, -"438. Direction for grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors :(i) the nature and gravity or seriousness of the accusation as apprehended by the applicant;(ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognisable offence;(iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and(iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice;either reject the application forthwith or issue an interim order for the grant of anticipatory bail:Provided that, where the High Court or as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer-in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.(2) Where the High Court or, as the case may be, the Court of Session, considers it expedient to issue an interim order to grant anticipatory bail under sub-section (1), the Court shall indicate therein the date, on which the application for grant of anticipatory bail shall be finally heard for passing an order thereon, as the Court may deem fit; and if the Court passes any order granting anticipatory bail, such order shall includeinter aliathe following conditions, namely :-(i) that the applicant shall make himself available for interrogation by a police officer as and when required;(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer,(iii) that the applicant shalt not leave India without the previous permission of the Court; and(iv) such other conditions as may be imposed under sub-section (3) of Section 437 as if the bail was granted under that section.(3) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice, being not less than seven days' notice, together with a copy of such order to be served on the Public Prosecutor and the Commissioner of Police, or as the case may be, the concerned Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court.(4) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.(5) On the date indicated in the interim order under sub-section (2), the Court shall hear the Public Prosecutor and the applicant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order made under sub-section (1)." [Maharashtra Act No. 24 of 1993, Section 2, w.e.f. 1st October, 1993].ORISSA.- Add the following proviso to sub-section (1) of Section 438 -"Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State notice to present its case." [Orissa Act No. 11 of 1988, Section 9, w.e.f. 22.7.1988].UTTAR PRADESH.- In its application to U.P. Section 438 of the Code shall be omitted. [U.P. Act 16 of 1976, Section 9, w.e.f. 28.11.1976.]WEST BENGAL.- Add the following proviso to sub-section (1) of Section 438 -"(1)(a) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail :Provided that the mere fact that a person has applied to the High Court or the Court of Session for a direction under this section shall not, in the absence of any order by that Court, be a bar to the apprehension of such person, or the detention of such person in custody, by an officer in charge of a police station.(b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a direction under this sub-section within thirty days of the date of such application :Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less that seven years, no final order shall be made on such application without giving the State not less than seven days' notice to present its case.(c) If any person is arrested and detained in custody by an officer in charge of a police station before the disposal of the application of such person for a direction under this sub-section, the release of such person on bail by a Court having jurisdiction, pending such disposal, shall be subject to the provisions of section 437.(1-A) The provisions of sub-section (1) shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any judgment, decree or order of any Court, tribunal or other authority." [West Bengal Act 25 of 1990, Section 3, w.e.f. 1.10.1992UTTAR PRADESH.- Insertion of Section 438 in Act No. 2 of 1974 as amended in its application to Uttar Pradesh.-In the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, after Section 437-A the following section shall be inserted, namely:-"438. Direction for grant bail to person apprehending arrest.- (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail: and that Court may, after taking into consideration, inter alia, the following factors, namely-(i) the nature and gravity of the accusation;(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;(iii) the possibility of the applicant to flee from justice; and(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested;either reject the application forthwith or issue an interim order for the grant of anticipatory bail:Provided that where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant, the applicant on the basis of the accusation apprehended in such application.(2) Where the High Court or, as the case may be, the Court of Session," considers it expedient to issue an interim order to grant anticipatory bail under sub-section (1), the Court shall indicate therein the date, on which the application for grant of anticipatory bail shall be finally heard for passing an order thereon, as the Court may deem fit, arid if the Court passes any order granting anticipatory bail, such order shall include inter alia the following conditions, namely-(i) that the applicant shall make himself available for interrogation by a police officer as and when required;(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer,(iii) that the applicant shall not leave India without the previous permission of the Court; and ,(iv) such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.Explanation.- The final order made on an application for direction under sub-section (1); shall not be construed as an interlocutory order for the purpose of this Code.(3) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court.(4) On the date indicated in the interim order under sub-section (2), the Court shall hear the Public Prosecutor and the applicant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order.(5) The High Court or the Court of Session, as the case may be, shall finally dispose of an application for grant of anticipatory bail under sub-section (1), within thirty days of the date of such application;(6) Provisions of this section shall not be applicable,-(a) to the offences arising out of,-(i) the Unlawful Activities (Prevention) Act, 1967;(ii) the Narcotic Drugs and Psychotropic Substances Act, 1985;(iii) the Official Secret Act, 1923;(iv) the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.(b) in the offences, in which death sentence can be awarded.(7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session." [U.P. Act No. 4 of 2019, w.e.f. 1.6.2019.] |
MANIPUR.- Same as in Punjab. [Manipur Act 3 of 1983, Section 5, w.e.f. 22nd March, 1983].PUNJAB.- After Section 439 of the Code, the following section shall be inserted, namely :"439-A. Notwithstanding anything contained in this Code, no person. -(a) who, being accused or suspected of committing an offence under any of the following sections, namely, Sections 120-B, 121, 121-A, 122, 123, 124-A, 153-A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449, and 450 of the Indian Penal Code, Sections 3, 4, 5, and 6 of the Explosive Substances Act, and Sections 25, 26, 27, 28, 29, 30, and 31 of the Arms Act, is arrested or appears or is brought before a Court; or(b) who having any reason to believe that he may be arrested on accusation of committing an offence as specified in Cl. (a), has applied to the High Court or the Court of Sessions for a direction for his release on bail in the event of his arrest,shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely :(i) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in Cl. (a);(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;(iii) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail."TRIPURA.- After Section 439 of the Code, the following section shall be inserted, namely :"439-A. Power to grant bail.- Notwithstanding anything contained in this Code, no person, -(a) who, being accused or suspected of committing an offence under Sections 120-B, 121, 121-A, 122, 123, 124-A, 153-A, 302, 304, 307, 326, 333, 363, 364, 366, 366A, 366-B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code (No. 45 of 1860), or Sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) or Sections 3, 4 and 6 of the Explosive Substances Act, 1908 (Act 6 of 1908) is arrested or appears or is brought before a Court; or(b) who having any reason to believe that he may be arrested on accusation of committing an offence as specified in Cl. (a), has applied to the High Court or the Court of Session for a direction for his release on bail in the event of his arrest,shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely :(i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence as specified in Cl. (a);(ii) that such person is under the age of sixteen years or a woman or any sick or an infirm person;(iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." [Tripura Act 6 of 1992, Section 3, w.e.f. 29th July, 1992].CHANDIGARH.- Same as in Punjab |
TAMIL NADU.- In sub-section 1 of Section 455, after the words, and figures "Section 292" insert the words, figures and letter "Section 292-A". [Tamil Nadu Act No. 13 of 1982 Section 3, w.e.f. 21.9.1981] |
ANDAMAN AND NICOBAR ISLANDS, DADRA AND NAGAR HAVELI AND LAKSHADWEEP.- In the Code, as it applies to the Union territories to which this Regulation extends, in Section 478, the words "if the State Legislature by a resolution so requires", shall be omitted. [Vide Regulation 1 of 1974 (w.e.f. 30th March, 1974].MAHARASHTRA.- In Section 478 of the said Code, in clause (b), for the words "to an Executive Magistrate shall be construed" the words "to an Executive Magistrate in the areas of the State outside Greater Bombay shall be construed" shall be substituted.[Vide Maharashtra Act 1 of 1978, Section 4 with effect from 15.4.1978] |
KARNATAKA.- Insert the following section after Section 480 -"480-A. Other powers of Magistrate.- Any Judicial Magistrate or Executive Magistrate shall be entitled to attest, verify or authenticate any document brought before him for the purpose of attestation, verification or authentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being in force." [Karnataka Act No. 36 of 1984, Section 2, w.e.f. 19.6.1984] |
UTTAR PRADESH.- In Section 484 in sub-section (2) in clause (a), after the proviso the following further proviso shall be added -"Provided further that the provisions of Section 326 of this Code as amended by the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 shall apply also to every trial pending in a Court of Session at the commencement of this Code and also pending at the commencement of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1983." [U.P. Act No. 1 of 1984, Section 11 w.e.f. 1.5.1984].In sub-section (2), after clause (d) the following clause shall be inserted and be deemed always to have been inserted, namely;"(e) the provisions of the United Provinces Borstal Act, 1938 (U.P. Act VII of 1938), the United Provinces First Offenders' Probation Act, 1938 (U.P. Act VI of 1938) and the Uttar Pradesh Children Act, 1951 (U.P. Act 1 of 1951) shall continue in force in the State of Uttar Pradesh until altered or repealed or amended by the competent Legislature or other competent authority, and, accordingly, the provisions of Section 360 of this Code shall not apply to that State, and the provisions of Section 361 shall apply with the substitution of references to the Central Acts named therein by references to the corresponding Acts in force in that State. [U.P. Act 16 of 1976, Section 10, w.e.f. 1.5.1976] |