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Report No. 154

47. Cognizance of offences by Magistrates: Amendment of section 190

Do you agree that the following proviso be inserted to sub-section (1) of section 190 of the Code to empower a Magistrate to authorise further detention in custody of an accused person for a period not exceeding a week, after recording reasons therefor, in view of the decision of the Patna High Court in Rammed Mahlo's case, (1977) Bihar LJR 498 that there is a lacuna in the Code as there is no provision therein which enables a Magistrate to pass an order of remand after submission of the police report under section 173(2) and before taking cognizance of the offence disclosed by the police report under section 190, as laid down in clause 22 of the Code of Criminal Procedure (Amendment) Bill, 1994:

"Provided that where it is not possible for a Magistrate to take cognizance of an offence under clause (b), he shall, after recording reasons therefor, authorise the detention of the accused person otherwise than in the custody of the police, for a period not exceeding seven days"?

The Code of Criminal Procedure, 1973 Back

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