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Section 37: Amendment of section 437

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 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 with the words "the Court may impose" and ending with the words "the interests of justice", the following shall be substituted, namely:- "the Court shall impose the conditions,-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary".

Where this provision sits

ActThe Code of Criminal Procedure (Amendment) Act, 2005
Section37
Marginal noteAmendment of section 437
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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