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Report No. 42

Appendix-3

Consequential Amendments of The Code or Criminal Procedure and other Laws.

(will follow)

Appendix-3

Consequential Amendments in The Code of Criminal Procedure and other Central Acts

I. The Code of Criminal Procedure1

1. The amendments proposed in this Appendix have been drafted with reference to the Code of Criminal Procedure Bill, 1970 which is now pending before a Joint Committee of the two Houses of Parliament, and is expected to replace the Code of Criminal Procedure, 1898, in the near future.

1. In section 31, in each of the sub-sections (2) and (3), the words "including such solitary confinement as is authorised by law" shall be omitted.1

1. Consequential on the repeal of sections 73 and 74 of the Indian Penal Code: see para. 3.80 of the Report.

2. In section 33, sub-section (1), for the word and figure "section 71", the words and figures "sections 35 and 36" shall be substituted.

3. In section 42, sub-section (1), clause (a)

(i) the figure "121A" shall be omitted;

(ii) after the figure "123", the figures "123A, 123B" shall be inserted;

(iii) for the words, figures and brackets "431 to 439 (both inclusive), 449, 450 and 456 to 460 (both inclusive)", the words, figures and brackets "429, 430, 433 to 436 (both inclusive) and 446 to 449 (both inclusive)" shall be substituted.

4. In section 43,

(a) in sub-section (1), clause (e),-

(i) for the words, figures and brackets "231 to 238 (both inclusive)", the words, figures and brackets "232 to 235 (both inclusive), 238, 241, 242" shall be substituted;

(ii) for the words, figures and brackets "436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D", the words, figures and brackets "436 and 446 to 449 (both inclusive)" shall be substituted;

(b) in sub-section (2), clause (ii), for the words, figures and brackets "436, 449, 450 and 457 to 460 (both inclusive)", the words, figures and brackets "436 and 446 to 449" (both inclusive), shall be substituted.

5. In section 95, sub-section (1), for the figure "153A", the figure "158A" shall be substituted.

6. In section 109, sub-section (1), para. (i), clause (a), for the figure "153A", the figure "158A" shall be substituted.

7. In section 111, clause (d), the words and figures "or under section 489A, section 489B, section 489C or section 489D of that Code" shall be omitted.

7A. In section 190, for sub-section (1), the following sub-section shall be substituted, namely,1-

"(1) When an offence committed by any person outside India is punishable under the Indian Penal Code or any special law, such person may be dealt with in respect of the offence as if it had been committed at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government."

1. See para. 1.19 of the Report.

8. In section 196, sub-section (1),

(i) in clause (a), for the figure "228", the words, figures and brackets "228 to 230 (both inclusive)" shall be substituted1;

(ii) in clause (b), for the words and figures "section 471, section 475 or section 476", the words and figures "section 467 or section 470" shall be substituted.

1. Consequential on the addition of two new sections 229 and 230, dealing with interference with witnesses and with non-appearance by a person who has been released on bail; see paras. 11.36 and 11.37 of the Report. It is proper that when these offences are committed in or in relation to proceedings in a court, its sanction should be obtained before cognizance is taken.

9. In section 197,

(a) in clause (a), for the words and figures "section 153A, section 295A or section 505", the words and figures "section 138, section 158B or section 295A" shall be substituted;

(b) in clause (c), for the figure "108A", the words and figures "sub-section (2) of section 66" shall be substituted.

10. Section 198 shall be omitted.1

1. Consequential on the proposal to restrict the scope of the offence of criminal conspiracy dealt with in existing section 120B of the Code and proposed section 81: see para. 5.40 of the Report.

11. In section 201, sub-section (1), clause (c), for the figure "494", the figure "495" shall be substituted.

12. For section 202, the following section shall be substituted, namely.-

"202. Prosecution for sexual intercourse with child wife.- No court shall take cognizance of an offence under section 376A of the Indian Penal Code, if more than one year has elapsed from the date of the commission of the offence."1

1. Consequential on the proposal whereunder the offence of rape, where it consists of sexual intercourse by a man with his own wife under 15 years, at present dealt with in section 376, is to be dealt with in section 376A: see para. 16.119 of the Report.

13. In section 215, for illustration (a), the following shall be substituted, namely.-

"(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in section 299 of the Indian Penal Code; that it did not fall within any of the general exceptions of the same Code; and that it was not committed in any of the exceptional circumstances specified in sub-section (2) of section 300".1

1. Consequential on the revised definitions of murder and culpable homicide not amounting to murder: see para. 16.6 of the Report.

14. In section 219, in illustration (a), for the figure "242", the figure "240" shall be substituted.

15. In section 226,

(a) in sub-section (5), for the word and figure "section 71", the words and figures "sections 35 and 36 " shall be substituted;

(b) in illustration (a), for the figure "225", the figure "223" shall be substituted;

(c) in illustration (b),

(i) for the words "house-breaking by day", the word "burglary" shall be substituted;

(ii) for the figure "454", the figure "447" shall be substituted;

(d) in illustration (d), for the figure "473", the figure "468" shall be substituted;

(e) in illustration (h), for the figure "506", the figure "504" shall be substituted;

(f) in illustration (i), for the figure "352", the figure "351" shall be substituted;

(g) in illustration (1), for the words, figures and brackets "471 (read with section 466)", the figure "467" shall be substituted.

16. In section 229, clause (g),

(i) for the words "counterfeit coin", the words "counterfeit currency notes or coin" shall be substituted;

(ii) for the words "the same coin", the words "the currency notes or coin" shall be substituted.1

1. Consequential on the inclusion of offences relating to counterfeit currency notes in Chapter XII, it is considered that offences relating to currency notes should, for this purpose, be treated on the same footing as offences relating to coin.

17. In section 258, sub-section (4), for the words and figures "sections 68 and 69", the word and figure "section 32" shall be substituted.

18. In section 268, in sub-section (1),

(a) in clause (b), after the word and figure "section 380", the word and figure "section 380A" shall be inserted;

(b) in clause (f), for the figure "427", the figure "426" shall be substituted;

(c) clause (g) shall be omitted.1

(d) for clause (h), the following clauses shall be substituted, namely.-"

"(g) criminal intimidation under section 504 of the Indian Penal Code;

(h) intentional insult under section 508 of the Indian Penal Code."

1. Section 268(1)(g) relates to offences under existing sections 451, 453, 454 and 456, IPC. The proposed section 447 (burglary) creates an offence more severely punishable, and cannot be substituted in place of these offences.

19. In section 269; clause (a).-

(a) before the figure "277", the figure "268" shall be inserted;

(b) the figure "290" shall be omitted;

(c) for the figures "352, 358", the figure "351" shall be substituted;

(d) for the figure "447", the figure "444" shall be substituted; and

(e) for the figure "504", the figure "508" shall be substituted.

20. In section 327,

(a) in the table below sub-section (1),

(i) for the entry relating to "Assault or use of criminal force", the following entry shall be substituted, namely.-

"Assault. 351,355. The person assaulted;"

(ii) in the entry relating to mischief, the figure "427" shall be omitted;

(iii) in the entry relating to criminal trespass, for the figure "447", the figure "444" shall be substituted;

(iv) in the entry relating to house-trespass, for the figure "448", the figure "445" shall be substituted;

(v) for the entry relating to "Criminal breach of contract of service" the following entries shall be substituted, namely.-

"Use of artificial listening or

490

The person aggrieved by the offence.

recording apparatus.

Unauthorised photography.

491

The person aggrieved by the offence."

(vi) for the last three entries, the following entries shall be substituted, namely.-

"Criminal intimidation except when the offence is punishable with imprisonment for seven years.

504

The person intimidated.

Act caused by making a person believe that he will be an object of divine displeasure.

506

The person against whom the offence was committed.

Intentional insult

508

The person insulted"

(b) in the table below sub-section (2),

(i) in the entry relating to "Wrongfully confining a person for three days or more", for the words "three days" the words "five days" shall be substituted;

(ii) the entry relating to "Wrongfully confining for ten or more days" shall be omitted.

(iii) for the two entries relating to "Assault or criminal force", the following entries shall be substituted, namely.-

"Assault on woman with intent to outrage her modesty.

353

The woman assualted.

Assault in attempting wrongfully to confine a person.

357

The person assaulted."

(iv) for the three entries relating to mischief, the following two entries shall be substituted, namely.-

"Mischief by killing or maiming animal.

428

The owner of the animal.

Mischief by causing diminution of supply of wate for any purpose, when the only loss or damage caused is loss or damge to a private person.

429

The person to whom the loss or damage is caused."

(v) the entry relating to "House-trespass to commit an offence (other than theft) punishable with imprisonment" shall be omitted;

(vi) for the entry relating to "Marrying again during the life-time of a husband or wife", the following entry shall be substituted, namely.-

"Bigamy. 495(1) The husband of wife of person committing bigamy."

(vii) in the last entry, for the figure "509", the figure "510" shall be substituted.

21. In section 331, for sub-section (1), the following sub-section shall be substituted, namely.-

"(1) Where a person having been convicted by a Court in India of an offence punishable under the Indian Penal Code with imprisonment of either description for a term of three years or upwards and sentenced to imprisonment on such conviction, is again accused of having committed, within three years from the date of his final release from prison after serving that sentence, any offence punishable under that Code with like imprisonment for the like term, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted."1

1. Consequential on the revision of the existing section 75: see para. 3.89 of the Report.

22. In section 362, for sub-section (2), the following sub-section shall be substituted, namely.-

"(2) Where a person is convicted, and it is doubtful under which of two or more enactments the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative."1

1. Consequential on the proposed extension of the scope of existing section 72 of the Indian Penal Code to offences under any enactment: see para. 3.79 of the Report.

23. In section 364, sub-section (1), the words and figures "section 489A, section 489B, section 489C or section 489D" shall be omitted.

24. In section 365,

(a) sub-section (a) shall be omitted;

(b) in sub-section (2), for the words "If the fine is imposed", the words and figure "When a court passes an order under section 29 of the Indian Penal Code to pay compensation out of fine to the victim of an offence and the fine is imposed" shall be substituted;

(c) in sub-section (5), after the words "as compensation under", the words and figure "section 29 of the Indian Penal Code or" shall be inserted.1

1. Consequential on the recommendation to insert a new section in the Indian Penal Code, dealing with orders to pay compensation out of fine to the victim of an offence: see para. 3.19 of the Report.

25. For the First Schedule, the following shall be substituted, namely.-



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