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All Amendments to Code of Criminal Procedure (CrPC) of India

Posted on December 18, 2018 by ShadesOfKnife

Code of Criminal Procedure (CrPC) is the general procedural law of India and below are the amendments made to this law over the period.

 

S. No. Short title of amending legislation Act No. Act Year Modification or Addition Brought In Leader and Party in Central/State Government
1 The Repealing and Amending Act, 1974 56 1974 Nothing useful in particular. Indira Gandhi (Indian National Congress)
2 The Code of Criminal Procedure (Amendment) Act, 1978 45 1978 Amendment to 468 CrPC: Period of limitation for related offences which may be tried together Morarji Desai (Janata Party)
3 The Code of Criminal Procedure (Amendment) Act, 1980 63 1980 All proceedings under sections 108, 109 and 110 of CrPC, pending before any Judicial Magistrate of the first class immediately before the commencement of this Act shall, notwithstanding anything contained in this Act, be dealt with as if this Act had not been enacted Indira Gandhi (Indian National Congress)
4 The Criminal Law (Amendment) Act, 1983, wiki 43 1983 In the backdrop of Mathura Custodial rape case, sections to prevent/tackle such abuse are brought in. Indira Gandhi (Indian National Congress)
5 The Criminal Law (Second Amendment) Act, 1983 46 1983 Introduction of Sec 498A IPC, Sec 198A CrPC and Sec 113A of Evidence Act
Amendment to Sections 174 and 176 of the Code of Criminal Procedure, 1973
Indira Gandhi (Indian National Congress)
6 The Code of Criminal Procedure (Amendment) Act, 1988 32 1988 Nothing useful in particular. Rajiv Gandhi (Indian National Congress)
7 The Code of Criminal Procedure (Amendment) Act, 1990 10 1990 Insertion of 166A: Letter of request to competent authority for investigation in a country or place outside India

Insertion of 166B: Letter of request from a country or place outside India to a
Court or an authority for investigation in India.

Vishwanath Pratap Singh (Indian National Congress)
8 The Code of Criminal Procedure (Amendment) Act, 1991 43 1991 Nothing useful in particular. P.V. Narasimha Rao (Indian National Congress)
9 The Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992 03 1992 Sections 494, 495 IPC are made Cognizable and non-bailable within the State of Andhra Pradesh/Telangana. N. Janardhana Reddy (Indian National Congress)
9 The Code of Criminal Procedure (Amendment) Act, 1993 40 1993 New chapter VVIA introduced with provisions (150A-150L) relating to bringing back proceeds of crime from outside India. P.V. Narasimha Rao (Indian National Congress)
10 The Criminal Law (Amendment) Act, 1993 42 1993 Kidnapping for Ransom P.V. Narasimha Rao (Indian National Congress)
11 The Code of Criminal Procedure (Amendment) Act, 2001 50 2001
  • Ceiling of Rs.500/- was removed.
  • Introduction of interim maintenance along with expenses of proceedings
  • Disposal of interim maintenance application within sixty days
Atal Bihari Vajpayee (Bharatiya Janata Party)
12 Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003 11 2003
  • Sections 494 and 498A of IPC are added to the list of Compoundable offence u/s 320 Cr.P.C.
N. Chandrababu Naidu (Telugu Desam Party)
13 The Code of Criminal Procedure (Amendment) Act, 2005 25 2005
  • No woman shall be arrested after sunset and before sunrise
  • Sec 50A(1): Every police officer or other person making an arrest under this code shall forthwith give the information regarding such arrest and place where the arrested person is held to any of his friends, relatives or such persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
  • Examination includes DNA-profiling
  • Sec 144A: Power to prohibit carrying arms in possession or mass drill or mass training with arms.
  • Sec 164A: Medical examination of the victim of rape
  • Sec 291A: Identification report of Magistrate
  • Sec 311A: Power of Magistrate to order a person to give specimen signatures or handwriting
  • Sec 436A: Maximum period for which as undertrial prisoner can be detained
  • Sec 441A: Declaration by sureties
  • Increase of fines across many sections
Dr. Manmohan Singh (Indian National Congress)
14 The Criminal Law (Amendment) Act, 2005 2 2006
  • Sec 195A: Threatening or inducing any person to give false evidence
  • Introduction of new chapter XXIA: Plea bargaining, (265A-265L CrPC)
  • Amendment to 340 CrPC
Dr. Manmohan Singh (Indian National Congress)
15 The Code of Criminal Procedure (Amendment) Amending Act, 2006 25 2006 Different dates for effectiveness for different provisions of CrPC (Amendment) Act 2005 Dr. Manmohan Singh (Indian National Congress)
16 Code of Criminal Procedure (Amendment) Act, 2008 5 2009
  • Introduction of Sec 41A-41D CrPC: Notice of appearance before police officer
  • Introduction of recording statements/confessions in audio-video electronic means via provisos u/s 161, 164 and 275 CrPC
  • Sec 195A CrPC: Procedure for witnesses in case of threatening etc
  • A witness of any other person may file a complaint in relation to an offence under section 195A of Indian Penal Code.
  • No adjournment should be granted at the request of a party, except where the circumstances are beyond the control of that party
  • Filing of WS under 313 CrPC
  • Sec 357A CrPC: Victim Compensation Scheme
Dr. Manmohan Singh (Indian National Congress)
17 Code of Criminal Procedure (Amendment) Act, 2010 41 2010 Powers of Police without warrant Dr. Manmohan Singh (Indian National Congress)
18 Criminal Law (Amendment) Act, 2013, wiki 13 2013 In the aftermath of Nirbhaya gang rape case,

  • New sections for Sexual harassment, 354A-354D
  • Sec 357B and 357C CrPC: Rape Victim Compensation Scheme
  • New sections for Trafficking of persons, 370 and 370A
  • Bulk of sections for rape u/s 376 IPC, (376A-376E)
  • New offence u/s 166A was inserted into IPC which can be invoke against police if they violate laws.
  • Per the new Explanation given to sec 197 CrPC, no sanction is required to prosecute the police.
Dr. Manmohan Singh (Indian National Congress)
19 Criminal Law (Amendment) Act, 2018, wiki 22 2018 In the aftermath of the Kathua gang rape and murder case, key Acts are amended. Highlights are

(a) punishment for the offence of rape from the minimum imprisonment of seven years to ten years, which is extendable to imprisonment for life;
(b) punishment for the offence of rape on a woman under sixteen years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and shall also be liable to fine;
(c) punishment for the offence of rape on a woman under twelve years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(d) punishment for the offence of gang rape on a woman under sixteen years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine;
(e) punishment for the offence of gang rape on a woman under twelve years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(f) investigation in relation to all rape cases shall be completed within a period of two months from the date on which the information recorded by the officer- in-charge of the police station;
(g) completion of inquiry or trial relating to the offence of rape, within a period of two months;
(h) dispose of an appeal against a conviction or acquittal in rape cases within a period of six months from the date of filing of the appeal;
(i) the provisions of anticipatory bail shall not be applicable in cases of rape or gang rape of woman under sixteen and twelve years of age;
(j) consequential amendments in the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012 relating to the cases of rape, gang rape of the woman below the age of sixteen years, twelve years, repeat offenders, to extend the applicability of compulsory registration of FIRs, fine imposed to be paid to victim, facilitate better recording of evidence and protect the dignity of rape survivor and treatment free of cost in hospitals.

Narendra Damodardas Modi (Bharatiya Janata Party)

Any new amendments will be updated as and when available.

 


The new BNSS is here.

Shades of Knife


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Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

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Read more gyan here.

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