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Report No. 37

Section 169

In section 169 of the principal Act, for the words "police report", substitute the words "report, in writing made by a police officer".

Section 170(1)

In section 170 of the principal Act, in sub-section (1), for the words "police report", substitute the words "report in writing made by a police officer".

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 170(3)

In section 170 of the principal Act, in sub-section (3), for the words "District Magistrate or Sub-divisional Magistrate" substitute the words "Chief Judicial Magistrate".

Section 173(1)(a)

In section 173 of the principal Act, in sub-section (1), in clause (a), for the words "a police report", substitute the words "report in writing made by a police officer".

Section 173(1), Proviso (New)

In section 173 of the principal Act, in sub-section (1), insert the following proviso at the end, namely:-

"Provided that if after forwarding the said report to the Magistrate, the said officer obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed."

Section 173(4), Proviso (New)

In section 173 of the principal Act, in sub-section (4), insert the following proviso at the end, namely:-

"Provided that copies of the documents not in the custody of the said officer at the time of the filing of the report, and obtained after such filing or after commencement of the inquiry or trial, shall be furnished to the accused as and when they are obtained and before marking them as exhibits in the court".

Section 173(6) (New)

In section 173 of the principal Act, insert the following sub-section at the end, namely:-

"(6) Notwithstanding anything contained in sub-section (4), where the documents referred to in sub-section (4), are voluminous, the Magistrate to whom the report under clause (a) of the sub-section (1)......is forwarded may at the request of the police officer direct that the accused may instead of being furnished with a copy thereof, be allowed to inspect it in court free of cost, either personally or through pleader".

Section 174(5)

In section 174 of the principal Act, in sub-section (5), for the words "or Magistrate of the first class and any Magistrate especially empowered", substitute the words "or Executive Magistrate of the first class and any Executive Magistrate especially empowered."

Section 175(1)

In section 175 of the principal Act, in sub-section (1), omit the word "truly".

Section 176(3) (New)

In section 176 of the principal Act, insert the following sub-section at the end, namely:-

"(3) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.

Explanation:-In this sub-section, the expression "relatives" means parents, children, brothers, sisters and spouse."



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




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