Report No. 268

21. Amendment of section 438.-

In section 438 of the Code of Criminal Procedure, -

(i) after sub-section (2), the following sub-section shall be inserted namely:-

"(2A) Any order made by the High Court or the Court of Sessions under this section shall be for a limited period of time as the Court may deem fit, or until the charge-sheet is filed, whichever is earlier.";

(ii) after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) On the date indicated in the interim order under sub-section (2), the court shall hear the Public Prosecutor and the complainant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order made under sub-section (1).".