Report No. 142

Chapter IX

Guidelines and Procedure to be incorporated in the Statute

9.1. For the sake of implementing the scheme and the smooth functioning thereof, it would be necessary to incorporate in the statute by amending Code of Criminal Procedure and by incorporating a separate Chapter in this behalf the procedure to be followed and the broad guidelines to be applied on the lines indicated hereafter.

9.2. In order to unfold the broad reasoning underlying the proposed procedure an explanatory commentary has been added which is calculated to buttress the basis for the recommendation.

9.3. Competent Authority.-

The jurisdiction for the exercise of the powers under the scheme shall be exercised by the Competent Authority as defined under the scheme:

(a) In respect of criminal cases where the relevant statute provides for imprisonment of less than 7 years for the offences alleged to have been committed, a metropolitan magistrate or a magistrate of the first class, especially designated as a "Plea-Judge" by the High Court, will be empowered to act as the Competent Authority;

(b) In respect of criminal cases where the relevant statute provides for imprisonment for 7 years or more for the offences alleged to have been committed a Committee consisting of two retired High Court Judges, duly appointed by the concerned Government in consultation with the Chief Justice and his two seniormost colleagues, for the purpose of receiving and considering applications under the scheme will act as the Competent Authority under the Scheme.