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Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments

The Code of Criminal Procedure (Amendment) Act, 1978

Posted on January 2, 2019 by ShadesOfKnife

Here is the bare act.

The Code of Criminal Procedure (Amendment) Act, 1978

All the amendments made to the CrPC are available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged The Code of Criminal Procedure (Amendment) Act 1978 | Leave a comment

The Repealing and Amending Act, 1974

Posted on January 2, 2019 by ShadesOfKnife

Here is the Bare act

Repealing and Amending Act, 1974

All the amendments made to the CrPC are available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged The Repealing and Amending Act 1974 | Leave a comment

Law Commission of India Report on Wrongful Prosecution

Posted on December 28, 2018 by ShadesOfKnife
Report277 Wrongful Prosecution

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Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Law Commission of India Report 277 Work-In-Progress Article | Leave a comment

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.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Amendment To Criminal Procedure Code CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125 or BNSS Sec 144 - Dispose Interim Maintenance Application In 60 Days | Leave a comment

The Code of Criminal Procedure (Amendment) Act, 2001

Posted on December 18, 2018 by ShadesOfKnife

This is the amendment to CrPC that removed the ceiling of Rs.500/- under the 125 CrPC. And this is the amendment that brought in ‘interim maintenance and expenses of proceeding’. A proviso is introduced which talk about disposal of interim maintenance application under 125 CrPC within 60 days. Of course, 127 CrPC is similarly screwed. And 128 CrPC is altered.

The Code of Criminal Procedure (Amendment) Act, 2001

All the amendments made to the CrPC are available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 127 - Alteration in allowance CrPC 128 - Enforcement of Order of Maintenance CrPC Sec 125 or BNSS Sec 144 - Dispose Interim Maintenance Application In 60 Days | Leave a comment

CrPC 423 – Warrant for levy of fine issued by a Court in any territory to which this Code does not extend

Posted on December 11, 2018 by ShadesOfKnife

Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Code does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub- section 1 of section 421 by a Court in the territories to which this Code extends, and the provisions of sub- section (3) of the said section, as to the execution of such warrant shall apply accordingly.


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Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 423 - Warrant for levy of fine issued by a Court in any territory to which this Code does not extend | Leave a comment

CrPC 422 – Effect of such warrant

Posted on December 11, 2018 by ShadesOfKnife

A warrant issued under clause (a) of sub- section (1) of section 421 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.


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Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 422 - Effect of such warrant | Leave a comment

CrPC 421 – Warrant for levy of fine

Posted on December 11, 2018 by ShadesOfKnife

(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357.
(2) The State Government may make rules regulating the manner In which warrants under clause (a) of sub- section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.
(3) Where the Court issues a warrant to the Collector under clause (b) of sub- section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 421 - Warrant for levy of fine | Leave a comment

PWDV Act – Statement of Objects and Reasons

Posted on December 1, 2018 by ShadesOfKnife

This is the Statement of Objects and Reasons of PWDV Act

Protection of Women from Domestic Violence Act 2005 O&R - Gaz

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Protection of Women from Domestic Violence Act 2005 Statement of Objects and Reasons | Leave a comment

MWPSC Act – Statement of Objects and Reasons

Posted on December 1, 2018 by ShadesOfKnife

This is the Statement of Objects and Reasons of MWPSC Act

Maintenance and Welfare of Parents and Senior Citizens Act - Objects and Reasons

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Maintenance and Welfare of Parents and Senior Citizens Act 2007 Statement of Objects and Reasons | Leave a comment

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