Report No. 178

13. Amendment of the Code of Criminal Procedure 1973 (2 of 1974.-

In the Code of Criminal Procedure Code 1973,-

(1) in section 125, in sub-section (1),in the Explanation, in sub-clause (i) of clause (b), after the words "and has not remarried" the following shall be inserted, namely:-

"or whose marriage is void, under section 11 read with subsection(1) of section 5 of the Hindu Marriage Act, 1955 or under clause (a) of section 4 read with section 24 of the Special Marriage Act, 1954 or under section 4 of the Parsi Marriage Act, 1936, or under any other provision contained in any enactment corresponding to the aforesaid provisions as may be notified by the Central Government in this behalf, and has not remarried."

(2) in section 162, for sub-section (1) the following sub-sections shall be substituted, namely:

"(1) The statement made by any person to a police officer in the course of an investigation under this chapter shall, if reduced to writing, be signed by the person making it if the person who has given the statement is literate and in case the person is not literate, his thumb impression shall be obtained and in every case, a true copy of the statement shall be furnished to the person who gave the statement, immediately under acknowledgement.

(1A) Every such statement recorded under section 161 shall contain the date and time as to when the statement was recorded and the place where it was recorded, and shall be forthwith forwarded to the Magistrate.

(1B) Any such statement or record thereof or any part of such statement or record whether in a police diary or otherwise, shall not be used for any purpose, save as hereafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made,

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872; and when any part of such statement is so used, any part thereof may also be used in the reexamination of such witness, but for the purpose of explaining any matter referred to in his cross-examination."

(3) after section 164 ,the following section shall be inserted, namely:-

"164A Evidence of material witnesses to be recorded by Magistrates in certain case.- (1) Any police officer making an investigation into any offence punishable with imprisonment for a period of ten years or more (with or without fine) including an offence which is punishable with death, shall in the course of such investigation, forward all persons whose evidence is essential for the just decision of the case, to the nearest Magistrate for recording their statements.

(2) The Magistrate shall record the statements of such persons forwarded to him under sub-section (1) on oath and shall keep such statements with him awaiting further police report under section 173.

(3) Copies of such statements shall be furnished to the investigating officer.

(4) If the Magistrate recording the statement is not empowered to take cognizance of such offence, he shall send the statements so recorded to the magistrate empowered to take cognizance of the case.

(5) The statement of any person duly recorded as a witness under sub-section (1) may, if such witness is produced and examined, in the discretion of the court and subject to the provisions of the Indian Evidence Act, 1872, be treated as evidence."

(4) in section 174, after sub-section (2), the following sub-section shall be inserted, namely:-

"(2A) The statements of the persons at the inquest shall be recorded in accordance with the provisions of sub-sections(1) and (1A) of section 162 and shall be forthwith forwarded to the Magistrate and the provisions of subsection (1B) of section 162 shall as far as may be apply to such statements."

(5) in section 190, in sub-section (1), in clause (b), after the words "such facts" the words " or upon a complaint of facts which constitute such offence made by a public servant acting or purporting to act in discharge of his official duties;" shall be inserted.

(6) after section 207, the following section shall be inserted, namely :-

"207A. Supply to the accused copy of complaint made by a public servan.- In any case, where the proceeding has been instituted on a complaint made by a public servant acting or purporting to act in the discharge of his official duties, the Magistrate shall without delay furnish to accused, free of cost, a copy of the complaint and documents on which it is based and other documents referred to therein:

Provided that if the Magistrate is satisfied that any document referred to in the complaint is voluminous, he shall instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in court. "

(7) section 238 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted namely:-

"(2) When, in any warrant-case instituted upon a complaint made by a public servant acting or purporting to act in the discharge of his official duties, the accused is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207A."

(8) for section 239, the following section shall be substituted, namely:-

"239. When the accused shall be discharge.- If, upon considering the police report and the documents sent with it under section 173 or upon considering the complaint made by the public servant acting or purporting to act in the discharge of his official duties and the documents sent with it and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reasons for so doing."

(9) in section 244,in sub-section (1) of, for the words, "When in any warrant-case instituted otherwise than on a police report, the accused appears" the words "When in any warrant-case instituted otherwise than on a police report, or upon a complaint made by a public servant acting or purporting to act in the discharge of his official duties, the accused appears" shall be substituted.

(10) in section 249 , for the words, "When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent," the words "When the proceedings have been instituted upon complaint other than a complaint made by a public servant acting or purporting to act in the discharge of his official duties, and on any day fixed for the hearing of case, the complainant is absent," shall be substituted.

(11) in section 256, in sub-section (1) ,for the words, "If the summons has been issued on complaint, and on the day appointed for the appearance of the accused," the words " If the summons has been issued on complaint, other than a complaint made by a public servant acting or purporting to act in the discharge of his official duties, and on the day appointed for the appearance of the accused," shall be substituted.