Report No. 37
Section 155(1)
In section 155 of the principal Act, in sub-section (1), for the words "the Magistrate" substitute the following words, namely:-
"the Magistrate having jurisdiction to try such cases or commit the same for trial".
Section 155, Explanation (New)
In section 155 of the principal Act insert the following explanation at the end, namely:
"Explanation.-Where a case relates to two or more offences of which at least one is cognizable, the case is a cognizable case, notwithstanding that the rest of the offences are non-cognizable".
Section 157
In section 157 of the principal Act, in sub-section (1), for the words "upon a police-report", substitute the words "upon a report in writing made by a police officer".
Section 160
Section 160 of the principal Act, shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
"(2) Subject to such rules as the State Government may make in this behalf, the Government shall pay the reasonable expenses of every person attending under sub-section (1) at any place other than his residence".
Section 161(3)
In section 161 of the principal Act, for sub-section (3), substitute the following sub-section, namely:-
"(3) The police officer shall reduce into writing every statement made to him by a person examined under this section, as far as possible in the words of such person,and shall make a separate record of the statement of each such person."
Section 161(4) and (5) (New)
In section 161 of the principal Act, after sub-section (3), insert the following sub-sections, namely:-
"(4) The police officer shall forthwith send copies of the statements so recorded to the Magistrate empowered to take cognizance of the offence on the report of a police officer.
[Compare section 157(1)]
(5) Where a superior officer of police has been appointed under section 158, the copies of the statements shall, in any cases in which the State Government by general or special order so directs, be submitted through that officer, and he may give such instructions to the officer submitting the copies as he thinks fit, and shall, after recording such instructions on such copies, transmit the same without delay to the Magistrate.
[Compare section 173(2), Compare section 157(2)]
Section 162(1)
In section 162 of the principal Act, in sub-section (1), omit the words "if reduced into writing".
Section 163(2)
In section 163 of the principal Act, to sub-section (2), add the following proviso, namely:-
"Provided that nothing in the sub-section shall affect the provisions of sub-section (3) of section 164".
Section 164(1)
In section 164 of the principal Act, in sub-section (1), for the words "Any Presidency Magistrate, any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the State Government may, if he is not a police officer" substitute the words "Any Presidency Magistrate, any Judicial Magistrate of first class and any judicial Magistrate of the second class specially empowered in this behalf by the State Government may.".
Section 164(2)
In section 164 of the principal Act, in sub-section (2), after the words "Such statements shall be recorded" insert the words "on Oath".
Section 165(5)
In section 165 of the principal Act, in sub-section (5),
(a) after the words "a copy of the same" insert the words "free of cost".
(b) omit the proviso.
Section 166(5)
In section 166 of the principal Act, in sub-section (5),-
(a) after the words "a copy of any record sent to the Magistrate" insert the words "free of cost".
(b) omit the proviso.
Section 167(1)
In section 167 of the principal Act, in sub-section (1), for the words "nearest Magistrate" substitute the words "nearest Judicial Magistrate".
Section 167(4)
In section 167 of the principal Act, for sub-section (4), insert the following sub-section, namely:-
"(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate.