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Report No. 43

II. The Code of Criminal Procedure1

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

(i) the words and figures "121, 121A, 122, 123, 124, 124A, 125, 126, 130" shall be omitted;

(ii) after the words, figures and brackets "456 to 460 (both inclusive)" the words and figures "or under any of the following sections of the National Security Act, 1971, namely, 3, 4, 5, 6, 8, 11, 14, 15 and 39", shall be inserted.

2. In section 95, sub-section (1), for the words and figure "under section 124A or", the words and figures "under section 39 of the National Security Act 1971, or under" shall be substituted.

3. In section 109, sub-section (1), clause (a), for the words and figure "under section 124A or", the words and figures "under section 39 of the National Security Act, 1971, or under" shall be substituted.

4. In section 197, clause (a), the word and figure "Chapter VI" shall be omitted.

5. In section 446, in sub-section (3), the word and figure "Chapter VI", shall be omitted"2

6. In the First Schedule, the entries relating to offences under Chapters VI and VII of the Indian Penal Code shall be omitted.

7. In the Second Schedule, in Form No. 31, Part I,-

(i) in item No. (1), for the words and figures "under section 121 of the Indian Penal Code" the words and figures "under section 3 of the National Security Act, 1971" shall be substituted;

(ii) in item No. (2), for the words and figure "under section 124 of the Indian Penal Code" the words and figures "under section 8 of the National Security Act, 1971" shall be substituted.

1. The amendments proposed are to the section so the Code of Criminal Procedure Bill, 1970.

2. Except section 130, all offences under Chapter VI of the Indian Penal Code as revised and included in the National Security Bill are punishable with imprisonment for seven years and more, and are therefore covered by the general description in section 446(3) of the Criminal Procedure Code Bill.







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