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Report No. 154

The Code of Criminal Procedure, 1973

Contents
Chapter I Introduction
Introduction
Chapter II Establishment of Separate Investigating Agency
Establishment of Separate Investigating Agency
Chapter III Independent Prosecuting Agency
Independent Prosecuting Agency
Chapter IV Law of Arrest
Law of Arrest
Chapter V Custody, Remand and Changes in Section 167(2)
Custody, Remand and Changes in Section 167(2)
Chapter VI Bail, Anticipatory Bail and Sureties
Bail, Anticipatory Bail and Sureties
Pre-trial Detention
Anticipatory Bail
Sureties
Chapter VII Bail-Attendance of Accused-Appellate Stage
Bail-Attendance of Accused-Appellate Stage
Chapter VIII Summon Cases-warrant Cases-summary Trial-changes in Procedure
Summon Cases-warrant Cases-summary Trial-changes in Procedure
Chapter IX Examination of Witnesses and Record of Their Statements: Sections 161 and 162
Examination of Witnesses and Record of Their Statements: Sections 161 and 162
Other alternative
Chapter X Protection and Facilities to Witnesses
Protection and Facilities to Witnesses
Chapter XI Examination of Accused under Section 313
Examination of Accused under Section 313
Chapter XII Compounding of Offences: Section 320
Section 320
Chapter XIII Plea Bargaining
Plea Bargaining
Chapter XIV Nyaya Panchayats
Nyaya Panchayats
Chapter XV Victimology
Victimology
Questioning of the Victim
Chapter XVI Enquiry and Trial of Persons of Unsound Mind
Enquiry and Trial of Persons of Unsound Mind
Chapter XVII Procedure for Maintenance of Wives, Children and Parents
Procedure for Maintenance of Wives, Children and Parents
Chapter XVIII Special Protection in Respect of Women
Special Protection in Respect of Women (1)
Special Protection in Respect of Women (2)
Chapter XIX Punishment of Imprisonment for Life, Sentencing and Set-off
Punishment of Imprisonment for Life, Sentencing and Set-off
Chapter XX Code of Criminal Procedure (Amendment) Bill, 1994: Proposed Changes
Proposed Changes
Then we are left with the remaining clauses Nos. 4, 5, 7, 8, 10, 17, 19, 20, 28, 33, 36, 37, 41, 42
Chapter XXI Speedy Justice
Speedy Justice
Rankin Committee
Arrears Committee of 1949
Review Committee appointed by the Government of India
Committees appointed in various States
Law Commission of India
Causes for Accumulation of Arrears
Arrears' Committee
Adjournment in Criminal Trials
During the Trial
During the Appeal and Revision
Appointment of Special Magistrates
Disposal of old cases
Other Measures
Chapter XXII Conclusions and Recommendations
Conclusions and Recommendations
Questionnaire On Code of Criminal Procedure, 1973
1. Sections 9 to 12
2. Special/Honorary Magistrates
3. Executive Magistrate: Insertion of new sub-section 4A in section 20
4. Public Prosecutor: Explanation to be added to section 24(6)
5. Independent Prosecution Agency: Insertion of new section 25A
6. Sentence which the Magistrate may pass: section 29
7. General
8. Insertion of new sub-sections 1A, 1B in section 41
9. Protection of members of the Armed Forces from Arrest
10. Arrest how made: Amendment in section 46(1)
11. Amendment in section 46(1)
12. Amendment in sub-section (3) of section 46
13. Handcuffing
14. Intimation of Arrest of Accused: section 50A
15. Search of the arrested person: Amendment of section 51
16. Examination of Accused by Medical Practitioner at the request of the Police Officer
17. Examination of person accused of rape by Medical Practitioner
18. Insertion of new section 53B: Medical examination of the victim of rape
19. Examination of Arrested person by Medical Practitioner at the request of the arrested person
20. Identification of person arrested: Section 54A
21. Duty of Magistrate to verify certain facts: section 57A
22. pecific Provisions as to Arrest, Interrogation and Custody of Women and Children
23. Proclamation for person absconding
24. Power of police officer to seize certain property: Amendment of section 102
25. Security for good behaviour from habitual offenders: Amendment of section 110
26. Imprisonment in default of security: Amendment of section 122
27. Order for maintenance of wives, children & parents: Amendment of section 125
28. Family Courts
29. Insertion of new section 144A
30,31. Delay In Disposal of Cases Because of Non-Registration of First Information Report Under Section 154
32. Role of investigating agencies-Investigation of cognizable offences: Amendment of section 156
33. Procedure for Investigation: Amendment of section 157
34. Amendment of section 157
35. Police officer's power to investigate cognizable case-Procedure for investigation
36. Amendment of section 157
37,38. Police officer's power to require attendance of witnesses: Amendment of section 160
39. Amendment of section 160
40,41. Amendment of section 160A
42. Section 167(5), Cr. P.C
43. Procedure when investigation cannot be completed in 24 hours and consequent Police Custody
44. Insertion of new sub-section 3A in section 173
45. Inquiry by Magistrate into cause of death: Amendment of section 176
46. Insertion of new section 176A: Inquiry by Magistrate into custodial injury
47. Cognizance of offences by Magistrates: Amendment of section 190
48,49. Prosecution of Judges and public servants: Amendment of section 197
50,51. Offences Against Marriage: Jurisdiction of Family Courts
52.53. Postponement of issue of process: Amendment of section 202
54. What persons may be charged jointly: Amendment of section 223
55,56. Amendment in section 227
57. Framing of charge: Amendment of section 228
58 to 63 Amendment in section 231 to 244
64,65. Absence of complainant: Amendment of sections 249 and 256
66. Power to try summarily: Amendment of section 260
67,68. Summons and Warrant cases
69. Insertion of new section 291A: Identification report of Magistrate
70. Reports of certain Government scientific experts: Amendment of section 293
71. Introduction of a stage after framing of charge for admission and denial of documents
72. Insertion of new section 311A: Power of Magistrate to order a person to give specimen signatures or handwriting
73. Amendment in section 312
74. Compounding of offences: Amendment of section 320 by adding some more references
75. Amendment of section 327
76. Order for notifying address of previously convicted offender: Amendment of section 356
77. Amendment of section 357
78 to 86. Insertion of proposed section 357(A) in Cr. P.O
87. In what cases bail to be taken: Amendment to section 436
88. Insertion of new section 436A: Maximum period for which art under-trial prisoner can be detained
89,90. When bail may be taken in case of non-bailable offence: Amendment of section 437
91 to 96. Direction for grant of bail to person apprehending arrest: Amendment of section 438
Appendix* 1 135th Report on Women in Custody
1. Application of the Chapter
2. Arrest of women
3. Medical Examination of women
4. Women and children attending for investigation
5,6. Admonition and probation under the Code
7. Pregnant woman and suspension of imprisonment
8. Female prisoners
9. Medical examination
10. Transit
11. Place of detention
12. Inspection of jails
13. Appointing of Jail Visitors
14. Definitions
Appendix* II 132nd Report on "Need for Amendment of The Provisions of Chapter IX of the Code of Criminal Procedure, 1973, in Order to Ameliorate the Hardship and Mitigate the Distress of Neglected Women, Children and Parents"
132nd Report on Need for Amendment of The Provisions of Chapter IX of the Code of Criminal Procedure, 1973, in Order to Ameliorate the Hardship and Mitigate the Distress of Neglected Women, Children and Parents
Appendix* III
A. Problems of Delay and Arrears in Court and Speedy Trial
B. Speedy Trial - Amendment Suggested
C. Plea Bargaining: Insertion of New Chapter Xiia: Procedure For Pre-Trial Bargaining and Plea Bargaining
Annexure II
Government of India Ministry of Law, Justice & Company Affairs Department of Legal Affairs, Law Commission, Shastri Bhavan New Delhi-110 001
1. Role of Investigating Agencies
2. Arrest
3. Reforms in prosecuting agency
4. Deletion of section 162, Cr. P.C. and change in the mode of recording under section 161
5. Procedure when investigation cannot be completed in 24 hours and consequent Policy Custody
6. Disposal of certain cases by Nyaya Panchayat
7. Adjournments in trial
8,9. Compounding of offences
10. Compounding at the stage of investigation
11 to 15. Appointment of honorary/special Magistrates
Annexure III Responses Received on the Questionnaire on the Code of Criminal Procedure, 1973
Issue No. 1-Role of Investigating Agency
Issue No. 2-Arrest
Issue No. 3-Reforms in Prosecuting Agency
Issue No. 4-Deletion of section 162, Cr. P.C. and Change in the Mode of Recording under section 161
Issue No. 5-Procedure when Investigation cannot be Completed in 24 Hours and Consequent Police Custody
Issue No. 6-Disposal of Certain Cases By Nyaya Panchayat
Issue No. 7-Adjournments in Trial
Issue No. 8-Compounding of Offences
Issue No. 9-Conversion of Some Warrant Cases into Summons and Cases to be Tried Summarily
Issue No. 10-Compounding at the Stage of Investigation
Issue No. 11-Appointment of Special/Honorary Magistrates under sections 13 and 18 of the Code
Issue No. 12-Anticipatory Bail
Issue No. 13-Plea Bargaining
Issue No. 14-Special Provision in Respect of Women
Issue No. 15-Victimology
List of State Governments, Judges of High Courts, District Judges/Judicial Officers, Bar Councils/Bar Associations, Advocates/Public Prosecutors, Police Officers, Academicians and State Law Commissions
Annexure IV Summary of Proceedings of the Workshops on the Code of Criminal Procedure
Proceedings of the Meeting of the Law Commission of India held at Andhra Pradesh Judicial Academy, Secunderabad on 26-11-1995 at 10.00 a.m.
Memorandum of proceeding of the Workshop by Law Commission of India, Held on 9th December, 1995 in the Judges' Library, High Court, Allahabad
Proceedings of the Workshop on Amendments to Cr. P.C. held on 19-12-1995 At 10 A.M. in the Committee Room, Vidhansoudha, Bangalore
Memorandum of the Proceedings of the Legal Workshop on Criminal Law held at Kerala High Court on 20-12-1995
Proceedings of the legal workshop on Criminal Law was held on 21st December, 1995 at Thiruvananthapuram, Kerala
Memorandum of the proceedings of the Legal Workshop on ' Criminal Law held at Jaipur on 13-1-96
(1) Hon'ble Justice Shri V.S. Dave, Chairman, State Law Commission, Rajasthan, Jaipur
(2) Hon'ble Kailash Meghwal, Home Minister, Government of Rajasthan, Jaipur
(3) Shri Davendra Singh, Director-General of Police, Rajasthan
(4) Shri Shyam Pratap Singh Rathore, Addl. Director of Police, Rajasthan, Jaipur
(5) Shri Ajit Singh, Superintendent of Police, Jodhpur
(6) Shri Kapil Carg, Superintendent of Police, Udaipur
(7) Shri M.L. Kalia, Former Director-General of Police, Rajasthan, Jaipur
(8) Shri R.G. Sharma, Addl. Director, Prosecution
(9,10) Shri Liaqat Ali Khan, Addl. Superintendent of Police, Hanumangarh
(11 to 13) Shri Goverdhan Lal Meena, Jhalawar
(14) Shri R.N. Khandelwal, Advocate
(15) Shri P.C. Jain, Advocate
(16,17) Shri Mathuresh Bihari, Advocate
(18) Shri Dharam Gopal, Advocate, Bharatpur
(19) Shri Gul Raj Gopal Khandelwal
(20) Shri R.N. Mittal, Advocate, Bharatpur
(21) Shri Ram Lal Vivek, Addl. Director Prosecution, Bharatpur
(22) Shri Gopal Ram Bhabra, Bayana
(23) Shri Bhagchand Jam, Advocate
(24) Shri Amar Singh
(25) Shri O.P. Jain, Advocate, Sikar
(26) Shri K.K. Acharya, Director Prosecution, Rajasthan, Jaipur
(27 to 29) Shri Verma, Addl. Director, Prosecution
Proceedings of the Workshop on Criminal Law by the Law Commission of India and Criminal Justice, Society of India held at Haryana Niwas, Chandigarh on 20-1-1996
Proceeding of the workshop held at Patna on 3-2-1996
Proceedings of the Workshop conducted at Mumbai on 24-2-1996 A workshop on the Criminal Law was conducted at Mumbai on 24-2-96
Proceedings of workshop held at Madras on March 13, 1996 relating to the proposed amendments to certain sections/clauses of Code of Criminal Procedure
Gist of discussion
Section 41 of the Code of Criminal Procedure: Immediate Arrest
Sections 161 & 162 and 167
Nyaya Panchayat
Anticipatory Bail
Plea-Bargaining
Proper compensation for victimology
Director of Prosecution
Amendment to I.P.C
Proceedings of the workshop conducted at Sales Tax Bhawan, New Delhi, on 4-5-96 regarding the proposed Amendments by the Law Commission for Revision of Code of Criminal Procedure, 1973
Separate Investigating Agency
Annexure V The Andhra Pradesh Gazette Part IVA, Extraordinary Published by Authority
Part I Preliminary
1. Short title extent and commencement
2. Definitions
3,4. Establishment of Mandal Nayaya Panchayats
5,6. Qualifications and disqualifications for nomination as member
7,8. Term of Office of Members
9. Nomination of Nyayadhyaksha
10. Trial of cases
11,12. Members etc. to be honorary offices
13. Conduct of business of Nyaya Panchayat
14. Naya Panchayat to have exclusive Civil and Criminal Jurisdiction
Part II Civil Jurisdiction
15. Suits cognizable by Nyaya Panchayat
16. Certain disputes not to be tried by Nyaya Panchayat
17. Nyaya Panchayat to close a case in certain circumstances
18,19. Application of the Limitation Act, 1963
20. Procedure to be followed by Nyaya Panchayat in Civil disputes
21 to 25. Transfer of Civil Disputes
Part III Criminal Jurisdiction
26. Nyaya Panchayat to take cognizance of and try offences
27. Procedure for criminal trials
28. Hearing and decisions
29,30. Evidence to be on oath
31 to 35. Power of District Judge to transfer cases
36 to 39. Compensation to complainant etc
Part IV Miscellaneous
40,41. Proceedings to be in Telugu
42. Power of Government to dissolve a Nyaya Panchayat
43. Removal of Nyayadhyaksha, Nyayapalaka or member
44 to 46. Conviction by Nyaya Panchayat not a previous conviction
47. Power to make rules
Statement of Objects and Reasons


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