REGISTERED No. B-(D)-?a -."-- RI r 3lTmmT EXTRAORDINARY PUBLISHED BY AUTHiORITY GO 221 f d ~ d , qf'q fl7y '4fd :i Oy 1974/aT 9 Y 189 6 No. 221 NEW DELHI, SAT JRDAY, MARCH ~ O , I ~ ~ ~ / C H A I T E V L 9,1896 - .. - --- -- - - - . . -. --- .- - ~ ~ d " f w ; ; r ~ * $ & $ f d ? c 7 i q ~ ! ~ ~ $ ~ ~ ~ ~ d 1 Separate paging is given to this Part in order that it may be filed as a separate compilation, ----. - - .- MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 30th March, 1974/Chaitra 9, 1896 (Saka) THE CQDE OF CRIMINAL PROCEDURE (AMENDMENT) REGULATION, 1974 NO. I OF 1974 1 Promulglted by th.: Presidat in tile Twenry-fifth Year of the 3epsblic of India.
A Regulation to amend the Code of Criminal Procedure, 1973, in its application to czrtain Union territorics.
In exercise of the powers conferred by article 240 of the Constitution, i the President is pleased to promulgate the following Regulation made 1 by him: - i
1. (1) This Regulation may be called the Ccde of Criminal Procedure (Amendment) Regulation, 1974.
(2) I t extends to the Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli, and Lakshadweep.
(3) I t shall come into force at cnce.
2. The Code of Criminal Procedure, 1973 (hereafter in this Regulation relerred to as the Code), shall, in its application to the Union territories to w11:ch it extends, stand amended tc the extent specified in this Regulat,ion.
:t.. In l!le Cocie, 2s it api?lics tcj the I.Jr;ion territory o f Aildaman anr3 'r;licobnr Islands, af{,er sectiog 3, the folloi~ing ..:<!ctic!;j ::h:iii 132 iriscrtcd, namely:
Short title, extent and commencement.
Amendment of the Code of Criminal Procedu.rs, i 3 ' i S .
I:isertinal 01' nen :;tTti~n 3 A.
372 THE GAZETTE OF INDIA EXTRAORDINARY JI- -- -- -- -.
, Special "3A. (1) References in this ,Code toprcvision relatag to Anda-
(a) the Chief Judicial Magistrate shall be construed as references to the District Magistrate or, where the State Government so directs, also to the Additional ~ i ' s t r i c t Magi'strate;
man and Nicobar (b) a Magistrate or Magistrate of the first class or of the Islands. second class or Judicial Magistrate of the first class or of the second class, shall be constryed as references to such Executive Magistrate as the State Government may, by notification in the Official Gazette, specify.
(2) The State Government may, if it is of opinion that adequate number of persons are available for appointment as Judicial Magistrates, by notification in the Official Gazette, declare that the pro- \ visions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different ciates may be specified for different islands.
(3) On the cesser of operation of the provisions of this section.
every inquiry or trial pending, immediately before such cesser, before the District Magistrate or Additional District Magistrate or any Executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, fmm the stage wliich was reached before such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.".
Amendment of section
11.
Amendment of sections 164, 167, 382 and
383. __ $$ 2%
4. In the Code, as it applies lo the Union territories to which this Regulation extends, in sub-section (3) of section 11, for the. words "any member of the Judicial Service cf the State, functioning as a Judge in a Civil Ccurt", the words "any person discharging the functions of a Civii Court" shall be substituted.
,,5. In the Code, as it applies to the Union territory of Andaman and - Nicobar Islands and the Union territory of Lakshadweep,-
(a) after sub-section (1) of section 164, the following sub-section shall be inserted, namely: - " (1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient ,so to do, that Government may,.
after consulting the High Court, specially empower any Executive Magistrate (not being a police officer), to exercise t he powers conferred by sub-section (I) on a Judicial Magistrate, and thereupon references in section 164 to a Jydicial Magistrate shall be construed as references to the Executive Magistrate so empowered.";
(b) in section 167,-
(i) in sub-section ( I ) , after the words "nearest Judicial Magistrateu: the worcls "or: i f there is no Judicial ibfagistrate jn an islanc?, to an Executive I\iI:tgistrate functioning .in l h a t island" shsll be inserted;
,,, ({i) :,fie)-. sut3-sc~clic.n ( 1 ) t i r ? lollo\\7jllg stlh-:;~C'!iO:.i s!iZ!ll be . $ - < . ; % ;,1 t(:<j$ ' !i2r:~jcly:
( J A ) Wjipr-e 2; CO~;. c , f ' !,rlt!.ie:-: in t h c d i r i ~ is t~;iur;'- irlii:c,d ti, a); x:;c;cativc. Magislratc. rcfr-rcrlces i r ! sectiorl 167 2 Nagistl%aie shall bc c~!-!c.tr\,led as rcfercnccs to S l ~ h Excculive Magistrate.";
I I!.
f i Sec. 11 THE GAZETTE OF WDH EXTRAORDINARY 373 - - - -
(iii) to sub-section (3) , the following proviso shall be added, namely: - "Provided that no Executive Magistrate, other than the District Magistrate or Sub-Divisional Magistrate, shall, unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police.";
(iv) to sub-section ( 4 ) , the following proviso shall be added, namely: - "Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his rehsons for making it, to the Executive Magistrate to xvhom he is immediately subordinate.";
(c) section 382 shall be re-numbered as sub-section (I) of that section, and to sub-section (1) as so re-numbered, the following provisos and Explanation shall be added, namely:- 'Provided that, where it is not practicable to file the petition of 'appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of a Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appeal is presented to the Adminjstrator or to an Exec~itive Magistrate, he shall record thereon the date of its presentation and, i f he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, h e may, in respect of such appeal, or an appeal forwarded to him tmder section 383, exercise all or any of the powers of the proper Appellate Court under sub-section (1) of section 389 with regard to suspension of sentence or release of a convicted person on bail:
Provided further that the order so made by the Administrator or the Executive Magistrate shall have effect until it i s reversed or modified by the proper Appellate Court.
Explanation.-For the purposes of the provisos to this section, and section 383, "Administrator", in relation to a Union.
territory, means the Administrator appointed by the President under article 239 of tAe Constitution, for that Union territory.';
(d) in section 382, after sub-section ( I ) as so re-numbered, t h e following subsection shall be inserted, namely:- " (2) For the purposes of ccrnputation of the period. of lilnitation? 2;ld Po:. all other p~~rpcis:.s; Z I ! ~ a p ] ' ~ a l prescin'ied to at1 ,kcirr>inj:!i.:;!ol- (11. n ! i 33seciiti\:ci 3lngish.~. t~ u:~dcr sub-s:xti'or! ( 1 ) or, as the caw may he, under section 383: shall. be deemed tc? b e ijn appeal prosentcd to t.hc proj3er .4ppclla:e Court.":
374 ' . THE GAZETTE OF IN.D.~A ;EXTRAORBI:NARY .. ! . PART. 11--SEC. I 1 - - - -. . . . - . - - ---.- - - ;---- I . ( e ) in:section383, the following words shall be 'inserted at the end, namely : - . . . .
"or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the proper AppeUate Court, they shall be forwarded to the Administrator or an Executive Magistrate, not below, the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court.".
Amendment d section ¶a.
6. In the Code, as it applies to the Union territories to which this Regulation hxtends, in section 478, the words "If the State Legislature by a resolution so rcquiries," shall be omitted.
K. K. SUNDARAM, Secy. to the Govt . of India.
1 v ~ ~ y - , \ . I I t i l l [<Y 'l'l!1': P.I,\NL.GER. GOVIiI\NhiEliT CIT' 1Nl)lA PRESS, hl lN'10 ROAU, WEW I)!::.I-:I AND ~ ' l ! l i l . l s i i ~ l ) I3Y T H I CON.TROI~l.l:I< <)I' PIILIL.ICATIONS, l)I'.tliI, 1974 . .
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