Report No. 200
4. Amendment to section 3 of the Principal Act.-
(a) In section 3, subsection (1) of the Principal Act, for the words
"any civil or criminal proceeding pending at the time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending" the following words shall be substituted, namely,
"any civil or criminal proceeding active at the time of publication, if at that time he had no reasonable grounds for believing that the proceeding was active"
(b) In section 3, subsection (2) of the Principal Act, for the words:
"any civil or criminal proceeding which is not pending"
the following words shall be substituted, namely,
"any civil or criminal proceeding which is not active"
(c) In the Explanation below subsection (3) for the words "For the purposes of this section", the words "for the purposes of this Act" shall be substituted.
(d) In the Explanation, in clause (a),
(i) for the words, "is said to be pending" occurring before the bracket and the word (A), the words "is said to be active", shall be substituted.
(ii) for the words, "Code of Criminal Procedure, 1898" occurring in clause B, the words "Code of Criminal Procedure, 1973" shall be substituted.
(iii) for clause (B)(i), the following clause (B)(i) shall be substituted, namely,
"(i) where it relates to the commission of an offence, when a person is arrested or when the chargesheet or challan is filed or when the Court issues summons or warrant, as the case may be, against the accused, whichever is earlier, and".
(iv) for the words, "shall be deemed to continue to be pending" occurring after the subclause (B)(ii) and the words "in the case of a civil or criminal proceeding", the words "shall be deemed to continue to be active", shall be substituted.
(e) In the Explanation, in clause (b), for the words, "deemed to be pending" occurring after the words "which has been heard and finally decided shall not be", the words "deemed to be active", shall be substituted.
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