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Report No. 154

58. Amendment in section 231

Do you agree that the prosecution should be required to produce all evidence in support of the prosecution within a specific period of framing of the charge against the accused under section 231, Cr. P.C. for expeditious disposal of the case?

59. Amendment in section 233

Do you agree with the suggestion that under section 238 read with section 207, the Court shall be required to satisfy himself that he has complied with the provisions of section 207, Cr. P.C., within a period of one month of taking cognizance of offence, which provision may curtail the delay caused due to non-compliance of section 207 for a long period?

60. Proposed section 238A

Do you agree that a new section 238A should be inserted wherein it may be provided that the court shall hear the argument on charge within a period of 30 days of the first appearance by the accused before the Court or by taking cognizance of the Court?

61. Amendment in section 239

Whereas under section 239, the Magistrate, upon considering the Police Report and the documents sent with it under section 173 and making such examination if any, of the accused, the Court may discharge the accused. It implies that the Police Report and the documents sent with it under section 173 are only required to be examined by the Magistrate at this stage.

Do you agree that if accused is able to produce such documentary evidence, which shall be admitted or denied by the prosecution, and if so admitted by the prosecution, the Magistrate may discharge the accused on the basis of such documentary evidence, to avoid him to undergo the dilatory trial and then acquit him?

62. Amendment in section 242

Do you agree that a new sub-section (4) be inserted under section 242 on the lines as proposed under the section 239 above?

63. Amendment in section 244

Do you agree that a similar provision of fixing of a time limit for recording of evidence for prosecution in warrant cases instituted otherwise than on police report, as proposed under section 231 above, should also be fixed under section 244?



The Code of Criminal Procedure, 1973 Back




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