| 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 |
