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Report No. 37

Section 91

In section 91 of the Principal Act, after the words "for his appearance in such court", insert the words "or in any other court to which the case may be transferred for trial."

Section 94

In section 94 of the principal Act, after the words and figures "the Indian Evidence Act, 1872, sections 123 and 124", insert the words and figures "of the Banker's Books Evidence Act, 1891 (18 of 1891).

Section 95

In section 95 of the principal Act, after the words "District Magistrate", wherever they occur, insert the words "Chief Judicial Magistrate".

[Cf. section 95, Punjab]

Section 96

In section 96 of the principal Act, in sub-section (2), for the words "District Magistrate or Chief Presidency Magistrate," substitute the words "Chief Presidency Magistrate, District Magistrate or Chief Judicial Magistrate."

[Cf. section 96(2), Punjab]

Section 98

In section 98 of the principal Act,-

(a) in sub-section (1), after the words "District Magistrate" wherever they occur,insert the words "Chief Judicial Magistrate".

(b) in sub-section (2), for the words and figures "section 19 of the Sea Customs Act, 1878" substitute the words and figures "section 11 of the Customs Act, 1962 (52 of 1962)".

Section 99A

In section 99A of the principal Act, in sub-section (1),

(i) after the words "different classes of the citizens of India", insert the words "or which is obscene";

(ii) after the word and figures "section 143A", insert the words and figures "or section 292".

Section 106

In section 106 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-

"(1) Whenever any person accused of-

(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 143, section 153A or section 154 thereof, or

(b) assault or any other offence which has caused or is intended or likely to cause a breach of the peace, or

(c) criminal intimidation, punishable under section 506 or 507 of that Code, or

(d) abetting any offence specified in clause (a), (b), (or) (c) of this sub-section, is convicted of such offence before a High Court, a Court of Session or the Court of a Presidency Magistrate, a Chief Judicial Magistrate or any other Judicial Magistrate of the first class."

And such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.

Explanation.-Where any offence specified in this sub-section

(a) is committed by a member of an unlawful assembly in prosecution of the common object of the assembly, or

(b) is committed by a member of an unlawful assembly and the offence is one which the members of the assembly knew to be likely to be committed in prosecution of the common object of the assembly, then an order under this section may be passed against every person who is a member of the assembly when the offence is committed, whether or not he has himself committed the offence."

[Cf. section 106(1), Bombay and Punjab] [Cf. section 149, Indian Penal Code]



Code of Criminal Procedure, 1898 (Sections 1-176) Back




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