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23. In section 439 of the Code of Criminal Procedure,

(a) in sub-section (1), after the first proviso, the following proviso shall be inserted, namely:

"Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.";

(b) after sub-section (1), the following sub-section shall be inserted, namely:

"(1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person undersub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.".



Criminal Law (Amendment) Act, 2018 Back




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