Report No. 268

9. Amendment of section 167.-

In section 167 of the Code of Criminal Procedure, in sub-section (2),-

(i) for the words "for a term not exceeding fifteen days in the whole", the words "for a term not exceeding fifteen days in the whole excluding the period for which the person accused of an offence is not available for investigation due to hospitalization or otherwise" shall be substituted;

(ii) in proviso, in Explanation II, for the words "clause" the words "paragraph" shall be substituted;

(iii)the following proviso shall be inserted, namely:-

"Provided further that the Magistrate on receiving an application and after giving due notice to the Prosecutor shall re-consider the terms of bail, if the person accused of an offence is not able to furnish security within seven days from the date of passing of the order, modify the terms as he deems fit.";

(iv) in the third proviso, for the word "further", the word "also" shall be substituted.