Report No. 37
Section 38
For section 38 of the principal Act, substitute the following section, namely:-
"38. Control of investing power.- The power conferred by clause (ii) of section 37 shall be exercised subject to the control of the High Court, and the power under clause (iv) of that section shall be exercised subject to the control of the State Government."
[Cf. section 38, Punjab]
Section 38A (New)
After section 38 of the principal Act, insert the following section, namely:-
"38A. Powers on Judicial Magistrates to be conferred by the High Court.- Whenever, under any provisions of this Code or of any law for the time being in force relating to any of the matters specified in lists II and III of the Seventh Schedule to the Constitution, any judicial powers are to be conferred on a Sessions Judge, an Additional or Assistant Sessions Judge, Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers shall be made by the High Court notwithstanding that such provision may not expressly so provide.
Explanation.-For the purposes of this section, the question whether any powers are judicial shall be decided by the High Court, and such decision shall be final."
Section 39
In section 39 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-
"(1) In conferring powers under this Code the State Government or the High Court as the case may be may be order empower persons specially by name or in virtue of their office or classes of officials generally by their official titles."
Section 40
In section 40 of the principal Act, for the words "the State Government", occurring for the second time, substitute the words "the State Government or the High Court, as the case may be".
Section 41
For section 41 of the principal Act, substitute the following section, namely:-
"41. Withdrawal of powers.s- (1) The State Government or the High Court, as the case may be, may withdraw all or any of the powers conferred under this Code on any person by it or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by him."
Section 44
In section 44 of the principal Act, for the figures "435, 436" substitute the words, brackets and figures "431 to 439 (both inclusive)".
Section 45
In section 45 of the principal Act, in sub-section (1), for clause (a) substitute the following clause namely:-
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watchman, or police officer or in any village in which he owns or occupies land, or is agent of any such owner or occupies, or is a member of such village panchayat, or collects revenue or rent;
Section 52A (New)
After section 52 of the principal Act, insert the following new section, namely:-
"52A. Examination of person by medical practitioner.- (a) When a person is in lawful custody upon charge of committing any offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence, it shall be lawful for a legally qualified medical practitioner, acting at the request of a police officer not below the rank of Sub-Inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person so in custody as is reasonably necessary in order to ascertain the facts which may afford such evidence and to use such force as is reasonably necessary for that purpose.
[Compare section 259, Criminal Code (Australia), second paragraph]
(2) Whenever the examination of the person of a woman is to be carried out under this section, such examination shall be carried out only by, or under the supervision of, a female legally qualified medical practitioner."
[Cf. section 129A, Bombay Prohibition Act, 1949]
Section 54
In section 54 of the principal Act, in sub-section (1), in clause Ninthly, after the words "any person for whose arrest a requisition has been received from another police officer", insert the words "whether such requisition is in writing or not".
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