CRIMINAL PROCEDURE CODE (AMENDMENT) ACT, 2005
(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2005.
(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint1[and different dates may be appointed for different provisions of this Act".
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1. Inserted vide The Code of Criminal Procedure (Amendment) Amending Act, 2006 (25 of 2006).
In section 20 of the Code of Criminal Procedure, 1973(2 of 1974) (herein referred to as the principal Act), after sub-section (4), the following sub-section shall be inserted, namely:--
"(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.".
In section 24 of the principal Act, in sub-section (6), after the proviso, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 18th day of December, 1978, namely:--
'Explanation.--For the purposes of this sub-section,--
(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;
(b) "Prosecuting Officer" means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.'.
In Chapter II of the principal Act, after section 25, the following section shall be inserted, namely:--
"25A. Directorate of Prosecution.--(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
&nb
In section 29 of the principal Act,--
(a) in sub-section (2), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted;
(b) in sub-section (3) for the words "one thousand rupees", the words "five thousand rupees" shall be substituted.
In section 46 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:--
"(4) Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.".
After section 50 of the principal Act, the following section shall be inserted, namely:--
"50A. Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person.--(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to b
In section 53 of the principal Act, for the Explanation, the following Explanation shall be substituted, namely:--
'Explanation.--In this section and in sections 53A and 54,--
(a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;
(b) "registered medical practitioner" means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956(102 of 1956) and whose name has been entered in a State Medical Register.'.
After section 53 of the principal Act, the following section shall be inserted, namely:--
"53A. Examination of person accused of rape by medical practitioner.--(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examinatio
Section 54 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:--
"(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.".
After section 54 of the principal Act, the following section shall be inserted, namely:--
"54A. Identification of person arrested.--Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit."
In section 82 of the principal Act, after sub-section (3), the following sub-sections shall be inserted, namely:--
"(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).".
In section 102 of the principal Act,--
(a) in sub-section (3), after the words "transported to the Court", the words "or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation" shall be inserted;
(b) after sub-section (3), the following proviso shall be added at the end, namely:--
"Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provision
In section 110 of the principal Act, in clause (f), in sub-clause (i),--(i) in item (g) the word "or" shall be omitted; (ii) after item (g) the following item shall be inserted, namely:--"(h) the Foreigners Act, 1946(31 of 1946); or".
In section 122 of the principal Act, in sub-section (1) in, clause (b) for the words "bond without sureties", the words "bond, with or without sureties," shall be substituted.
In Chapter X of the principal Act, under sub-heading "C.--Urgent cases of nuisance or apprehended danger", after section 144, the following section shall be inserted, namely:--
'144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.--(1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place.
(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or or
After section 164 of the principal Act, the following section shall be inserted, namely:--
'164 A. Medical examination of the victim of rape.--(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of
In section 176 of the principal Act,--
(i) in sub-section (1), the words "where any person dies while in the custody of the police or" shall be omitted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:--"(1A) Where,--
(a) any person dies or disappears, or
(b) rape is alleged to have been committed on any woman,
while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offences has been commi
In section 202 of the principal Act, in sub-section (1), after the words "may, if he thinks fit,", the following shall be inserted, namely:--
"and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction.".
In section 206 of the principal Act, in sub-section (1),--
(a) in the opening paragraph, after the words and figures "under section 260", the words and figures "or section 261" shall be inserted;
(b) in the proviso, for the words "one hundred rupees", the words "one thousand rupees" shall be substituted.
In Section 223 of the principal Act, in the proviso,--
(a) for the word "Magistrate", the words "Magistrate or Court of Session" shall be substituted;
(b) for the words "if he is satisfied", the words "if he or it is satisfied" shall be substituted.
In section 228 of the principal Act, in sub-section (1), in clause (a), for the words", and thereupon the Chief Judicial Magistrate", the words "or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate" shall be substituted.
In section 260 of the principal Act, in sub-section (1),--
(a) for the words "two hundred rupees", wherever they occur, the words "two thousand rupees" shall be substituted;
(b) in clause (vi), for the words "criminal intimidation", the words "criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both" shall be substituted.
After section 291 of the principal Act, the following section shall be inserted, namely:--
"291 A. Identification report of Magistrate.--(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness:
Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872(1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections.
(2) The Court may, if it thinks fit
The Criminal Procedure Code (Amendment) Act, 2005, introduced significant changes to the appointment and functioning of Public Prosecutors in India. Section 24 of the Code of Criminal Procedure (CrPC) was amended to streamline the process of appointing Public Prosecutors and to ensure that these positions are filled by qualified individuals from a regular cadre of prosecuting officers.
Section 24 of the CrPC outlines the appointment of Public Prosecutors and Additional Public Prosecutors for various jurisdictions. The amendment in 2005 specifically mandates that these posts must be filled by promotion from Assistant Public Prosecutors, thereby establishing a clear hierarchy and qualification requirement.
The scope of Section 24 extends to the entire framework of prosecutorial appointments in India, ensuring that the selection process is transparent and based on merit. It aims to eliminate arbitrary appointments and enhance the professionalism of the prosecutorial system.
While Section 24 itself does not prescribe specific punishments, it establishes a framework that could lead to legal challenges if appointments are made contrary to the provisions outlined in the section.
1. Omitted vide Criminal Law Amdt Act, 2005. Previous text was "
In section 292 of the principal Act,--
(a) in sub-section (1), after the words "the Mint", the words "or of the Currency Note Press or of the Bank Note Press or of the Security Printing Press" shall be inserted;
(b) in sub-section (3), for the words "the Master of the Mint, or the India Security Press", the words "the General Manager of the Mint or of the Currency Note Press or of the Bank Note Press or of the Security Printing Press or of the India Security Press" shall be substituted."
In section 293 of the principal Act, in sub-section (4),--
(a) for clause (b), the following clause shall be substituted, namely:--
"(b) the Chief Controller of Explosives;";
(b) after clause (f), the following clause shall be added, namely:--
"(g) any other Government scientific Expert specified, by notification, by the Central Government for this purpose.".
After section 311 of the principal Act, the following section shall be inserted, namely:--
"311A. Power of Magistrate to order person to give specimen signatures or handwriting.--If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:
Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.".
Section 27 of the Criminal Procedure Code (CrPC), as amended in 2005, primarily deals with the jurisdiction of courts in cases involving juveniles. It delineates the scope of offenses that can be tried by courts based on the nature of the punishment prescribed and the age of the accused.
Section 27 states that any offense not punishable with death or imprisonment for life, committed by any person who, at the time of appearing or being brought before the court, is under the age of 18 years, shall be triable by a Special Court or a Magistrate, as prescribed. It essentially restricts the jurisdiction of courts over juvenile offenders to certain categories of offenses.
Note: The references are based on the provided sources, primarily highlighting the scope, amendments, and judicial interpretations related to Section 27 of the CrPC.
In section 320 of the principal Act, in the Table under sub-section (2),--
(a) the words "Voluntarily causing hurt by dangerous weapons or means" in column 1 and the entries relating thereto in columns 2 and 3 shall be omitted;
(b) in column 3, for the word "Ditto", against the entry relating to section 325, the words "The person to whom the hurt is caused" shall be substituted;
(c) in column 1, for the words "two hundred and fifty rupees", wherever they occur, the words "two thousand rupees" shall be substituted.
In section 356 of the principal Act, in sub-section (1),--
(a) after the words, figures and letter "or section 489D", the words, figures and brackets "or section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for a term which may extend to seven years or with fine or with both)" shall be inserted;
(b) after the word and figures "Chapter XII", the words and figures "or Chapter XVI" shall be inserted.
In section 358 of the principal Act in sub-sections (1) and (2), for the words "one hundred rupees", the words "one thousand rupees" shall be substituted.
In section 377 of the principal Act,--
(a) in sub-sections (1) and (2), for the words "an appeal to the High Court against the sentence on the ground of its inadequacy", the following shall be substituted, namely:--
"an appeal against the sentence on the ground of its inadequacy--
(a) to the Court of session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court";
(b) in sub-section (3), for the words "the High Court", the words "the Court of Session or, as the case may be, the High Court" shall be substituted.
In section 378 of the Principal Act,--
(i) for sub-section (1), the following sub-section shall be substituted, namely:--
"(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),--
(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session
In section 389 of the principal Act, to sub-section (1), the following provisions shall be added, namely:--
Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.".
Section 33 of the Criminal Procedure Code (CrPC), as amended by the 2005 Act, delineates the powers conferred upon officers appointed by the government to investigate offences. It aims to specify the scope and authority of such officers, ensuring effective law enforcement and investigation procedures.
Section 33 empowers officers appointed by the government, who are invested with powers under the CrPC by the High Court or State Government, to investigate offences. It states that these officers shall have the same powers as police officers when investigating offences, including the authority to summon witnesses, examine documents, and arrest suspects.
The section broadens the investigative powers to officers appointed by the government, enabling them to perform functions akin to police officers. It covers offences under the CrPC and facilitates specialized investigations, especially in cases where the government or court appoints officers for specific inquiries.
The section primarily confers powers; it does not prescribe specific punishments. However, misuse of powers or abuse during investigation could attract penalties under general provisions of the CrPC and IPC.
This commentary synthesizes available sources to provide a comprehensive legal analysis of Section 33 of the CrPC as amended in 2005.
To section 428 of the principal Act, the following proviso shall be added, namely:--
"Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section.".
In section 436 of the principal Act, in sub-section (1),--
(a) in the first proviso, for the words "may, instead of taking bail", the words "may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail" shall be substituted;
(b) after the first proviso, the following Explanation shall be inserted, namely:--
"Explanation.-- Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.".
After section 436 of the principal Act, the following section shall be inserted, namely:--
"436A. Maximum period for which an undertrial prisoner can be detained.--Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on b
In section 437 of the principal Act,--
(i) in sub-section (1),--
(a) in clause (ii), for the words "a non-bailable and cognizable offence", the words "a cognizable offence punishable with imprisonment for three years or more but not less than seven years" shall be substituted;
(b) after the third proviso, the following proviso shall be inserted, namely:--
"Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.".
(ii) in sub-section (3), for the portion beginning w
In section 438 of the principal Act, for sub-section (1), the following sub-sections shall be substituted, namely:--
"(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:--
(i) the nature and gravity of the accusation;
(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
(iii) the possibility of the applicant to fl
After section 441 of the principal Act, the following section shall be inserted, namely:--
"441A. Declaration by sureties.--Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.".
In section 446 of the principal Act, in sub-section (3), for the words "at its discretion", the words "after recording its reasons for doing so" shall be substituted.
In section 459 of the principal Act, for the words "less than ten rupees", the words "less than five hundred rupees" shall be substituted.
In the First Schedule to the principal Act, under the heading "I--OFFENCES UNDER THE INDIAN PENAL CODE",--
(a) after the entries relating to section 153A, the following entries shall be inserted, namely:--
1 2 3 4 5 6
"153AA Knowingly carrying arms in any procession or organising or holding or taking part in any mass drill or mass training with arms. imprisonment for 6 months and fine of 2,000 rupees Ditto. Ditto. Any Magistrate.";
(b) in the 6th column, in the entries relating to section 153B, for the word "Ditto", the words "Magistrate of the first-class" shall be substituted;
(c) after the entries relating to section 174, the following entries shall be inserted, namely:--
&nb
In the Second Schedule to the principal Act, in Form No. 45, after the words and figures "See section 436", the figures and letter "436A," shall be inserted.
In the Indian Penal Code,--
(a) after section 153A, the following section shall be inserted, namely:--
'153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms.--Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973(2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees.
Explanation.--"Arms" means articles of any description designed or adapted as weapons for offence or defence and includes fire arms,
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