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Report No. 40

33. Section 1.- In as much as the Code also does not extend to the State of Jammu & Kashmir, the territorial extent of the provisions of the 1955-Act will remain unaltered. We would, however, recommend that the Jammu & Kashmir Code of Criminal Procedure should be brought into line with the Indian Code by making similar amendments.

34. Section 2.- For the reasons already indicated1, the definition of "confinement in a prison" will be replaced by a definition of "detained", the definition of "prison" will be slightly modified and the definition of "State Government" will be omitted. Here again, a formal delegation of powers and functions under the new provisions to the Administrators of all the Union territories under Article 239 of the Constitution will be necessary2.

1. Para. 17, supra.

2. Cf. para. 17, supra.



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