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Report No. 156

7. Amendment of the definition of the expression "court of Justice" under section 20.-

Do you agree that the definition of the words "Court of Justice" as defined in section 20 of the Indian Penal Code be amended in view of the fact that the word "judge" has comprehensively been defined and there is no need for repeating the same in section 20? It is felt that it is sufficient to indicate in the definition that it is only when the Judge or body of Judges is acting judicially that he or it is to be regarded as Court of Justice for the purpose of the Court. Thus, an Executive Magistrate, while functioning judicially under the Code of Criminal Procedure, will be a Court of Justice but not when he is performing an executive or administrative function under the Code or some other law.

Do you suggest the "Court of Justice" be also amended as follows:

"Court of Justice means a Judge or body of Judges when acting judicially."

as recommended by the Law Commission of India in its 42nd Report on Indian Penal Code and as provided in clause 9 of the Indian Penal Code (Amendment) Bill, 1978?

The Indian Penal Code Back

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