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Report No. 154

91. Direction for grant of bail to person apprehending arrest: Amendment of section 438

Do you agree with the view that section 438 is being misused and be deleted?

92. Amendment in section 438

Do you suggest any other amendments in section 438 to the effect that the Court of Sessions or High Court before granting such bail should take into consideration certain circumstances and follow necessary steps by giving notice to the Public Prosecutor and accordingly making the necessary provisions for the same in the Code?

93. Declaration by sureties: Insertion of new section 441A

Do you agree that after section 441 the following section shall be inserted providing that a person standing surety for the accused person shall disclose as to how many cases he has already stood surety for accused persons as provided in clause 44 of the Code of Criminal Procedure (Amendment) Bill, 1994:

"441A. Every person standing surety to an accused person for his release-on-bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."?

94. Procedure when bond has been forfeited: Amendment of section 446

Do you suggest any amendments in section 446 regarding levy of penalties or reduction of the same by the Court? (See clause 45 of the Bill)

95. Amendment of the First Schedule

Do you suggest any addition of entries in the Schedule or any amendment to the existing Schedule?

96. Amendment in section 468

Do you agree that a Court should be barred to take cognizance of offence after elapse of a period of limitation of five years of an offence, in cases where the offence is punishable with imprisonment for a term exceeding three years but not exceeding ten years, by insertion of a new provision under sub-clause (d) of sub-section 2 of section 468, Cr. P.C.?



The Code of Criminal Procedure, 1973 Back




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