Report No. 37
Section 55(1)(a)
In section 55 of the principal Act, in sub-section (1), in clause (a), for the words "any person found taking precautions to conceal his presence within the limits of such station" substitute the words "any person within the limits of such station found taking precautions to conceal his presence."
[Cf. amendment proposed to section 109(a)]
Section 55(1)(c)
In section 55 of the principal Act, in sub-section (1), in clause (c), for the words "fear for injury" substitute the words "fear of injury".
Section 56
In section 56 of the principal Act, insert the following sub-section at the end, namely:-
"(3) Nothing in this section shall affect the powers of a police officer to arrest a person under section 54".
Section 57
In section 57 of the principal Act, in sub-section (2), for the words "a Magistrate" substitute the words "a Magistrate having jurisdiction".
Section 59
In section 59 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-
"(1) Any private person may arrest or cause to be arrested any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or in the absence of a police officer take such person or cause him to be taken in custody to the nearest police-station."
Sections 59A and 59B (New)
After section 59 of the principal Act, insert the following sections, namely:-
"59A. Person arrested to be informed of grounds of arrest.- Every police officer or other person arresting any person without warrant shall communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest."
Section 59B
"59B. Police officer to inform person arrested of right to bail.- Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties to offer bail on his behalf"
[Compare sections 60, 496, 499 of the code]
Section 61
In section 61 of the principal Act, for the words "No police officer shall detain in custody a person arrested without warrant", substitute the words "No person who has been arrested without warrant shall be detained, in custody."
Section 63
In section 63 of the principal Act, for the words "a Magistrate", substitute the words "a Magistrate having jurisdiction".
[Cf section 63, Bombay and Punjab]
Section 68
In section 68 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-
"(1) Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court (or, in the case of a Bench of Magistrates, by any Member of such Bench), or by such other officer as the High Court may, from time to time, by rule, direct, and shall bear the seal of the Court.
[Cf. section 75]
Section 68(4) (New)
In section 68 of the principal Act, insert the following sub-section at the end, namely:-
"(4) Nothing ,in this section shall affect the provisions of section 74A."
Section 70
For section 70 of the principal Act, substitute the following section, namely:-
"70. Service when person summoned cannot be found.- Where the person summoned cannot by the exercise of the due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family; the person with whom the summons is so left, shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation:-A servant is not a member of the family within the meaning of this section."
[Cf. Order 5, rule 15, Code of Civil Procedure, 1908]
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