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Section 35: Amendment of section 436

The Code of Criminal Procedure (Amendment) Act, 2005Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 25 of 2005

In section 436 of the principal Act, in subsection (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.".

Where this provision sits

ActThe Code of Criminal Procedure (Amendment) Act, 2005
Section35
Marginal noteAmendment of section 436
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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