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Report No. 268

3. Amendment of section 41.-

In section 41 of the Code of Criminal Procedure,-

(i) in sub-section (1), in clause (b), sub-clause (ii), after item (e), the following item shall be inserted, namely:-

"(f) when it is evident that the offence committed was related to or in furtherance of criminal activities of an organized gang or motivated by membership or allegiance of the accused person to an organized gang";

(ii) after sub-section (1) the following sub-section shall be inserted, namely:-

"(1A) The police officer making the arrest shall furnish to the Magistrate, the facts, circumstances and reasons for the arrest and it shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of this sub-section have been complied with in respect of the arrested person and shall record his satisfaction in writing as to the compliance of this sub-section; and in case the Magistrate is not satisfied that the requirements of this sub-section have been complied with, the Magistrate may release the arrested person on furnishing bond with or without sureties:

Provided further that non-compliance of the provisions of this sub-section shall expose the police officer or judicial officer, as the case may be, to the risk of disciplinary proceedings. The High Court may amend the rules in this regard.".



Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back




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