• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
 
THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005
NO. 25 OF 2005 [23rd June, 2005.]An Act further to amend the Code of Criminal Procedure, 1973.BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India asfollows:-1. Short title and commencement.-(1) This Act may be called the Code ofCriminal Procedure (Amendment) Act, 2005.(2) Save as otherwise provided in this Act, it shall come into force on suchdate as the Central Government may, by notification in the Official Gazette,appoint.2. Amendment of section 20.-In section 20 of the Code of Criminal Procedure,1973 (2 of 1974) (hereinafter referred to as the principal Act), after sub-section (4), the following sub-section shall be inserted, namely:-"(4A) The State Government may, by general or special order and subject tosuch control and directions as it may deem fit to impose, delegate its powersunder sub-section (4) to the District Magistrate.".3. Amendment of section 24.-In section 24 of the principal Act, in sub-section(6), after the proviso, the following Explanation shall be inserted and shall bedeemed to have been inserted with effect from the 18th day of December,1978, namely:-'Explanation.-For the purposes of this sub-section,-(a) "regular Cadre of Prosecuting Officers" means a Cadre of ProsecutingOfficers which includes therein the post of a Public Prosecutor, by whatevername called, and which provides for promotion of Assistant PublicProsecutors, by whatever name called, to that post;(b) "Prosecuting Officer" means a person, by whatever name called,appointed to perform the functions of a Public Prosecutor, an Additional PublicProsecutor or an Assistant Public Prosecutor under this Code.'.4. Insertion of new section 25A.-In Chapter II of the principal Act, after section25, the following section shall be inserted, namely:-"25A. Directorate of Prosecution.-(1) The State Government may establish aDirectorate of Prosecution consisting of a Director of Prosecution and asmany Deputy Directors of Prosecution as it thinks fit.(2) A person shall be eligible to be appointed as a Director of Prosecution or aDeputy Director of Prosecution, only if he has been in practice as an advocate
 
for not less than ten years and such appointment shall be made with theconcurrence of the Chief Justice of the High Court.(3) The Head of the Directorate of Prosecution shall be the Director ofProsecution, who shall function under the administrative control of the Head ofthe Home Department in the State.(4) Every Deputy Director of Prosecution shall be subordinate to the Directorof Prosecution.(5) Every Public Prosecutor, Additional Public Prosecutor and Special PublicProsecutor appointed by the State Government under sub-section (1), or asthe case may be, sub-section (8), of section 24 to conduct cases in the HighCourt shall be subordinate to the Director of Prosecution.(6) Every Public Prosecutor, Additional Public Prosecutor and Special PublicProsecutor appointed by the State Government under sub-section (3), or asthe case may be, sub-section (8), of section 24 to conduct cases in DistrictCourts and every Assistant Public Prosecutor appointed under sub-section (1)of section 25 shall be subordinate to the Deputy Director of Prosecution.(7) The powers and functions of the Director of Prosecution and the DeputyDirectors of Prosecution and the areas for which each of the Deputy Directorsof Prosecution have been appointed shall be such as the State Governmentmay, by notification, specify.(8) The provisions of this section shall not apply to the Advocate General forthe State while performing the functions of a Public Prosecutor.".5. Amendment of section 29.-In section 29 of the principal Act,-(a) in sub-section (2), for the words "five thousand rupees", the words "tenthousand rupees" shall be substituted;(b) in sub-section (3), for the words "one thousand rupees", the words "fivethousand rupees" shall be substituted.6. Amendment of section 46.-In section 46 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-"(4) Save in exceptional circumstances, no woman shall be arrested aftersunset and before sunrise, and where such exceptional circumstances exist,the woman police officer shall, by making a written report, obtain the priorpermission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.".
 
7. Insertion of new section 50A.-After section 50 of the principal Act, thefollowing section shall be inserted, namely:-"50A. Obligation of person making arrest to inform about the arrest, etc., to anominated person.-(1) Every police officer or other person making any arrestunder this Code shall forthwith give the information regarding such arrest andplace where the arrested person is being held to any of his friends, relativesor such other persons as may be disclosed or nominated by the arrestedperson for the purpose of giving such information.(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.(3) An entry of the fact as to who has been informed of the arrest of suchperson shall be made in a book to be kept in the police station in such form asmay be prescribed in this behalf by the State Government.(4) It shall be the duty of the Magistrate before whom such arrested person isproduced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.".8. Amendment of section 53.-In section 53 of the principal Act, for theExplanation, the following Explanation shall be substituted, namely:-'Explanation.-In this section and in sections 53A and 54,-(a) "examination" shall include the examination of blood, blood stains, semen,swabs in case of sexual offences, sputum and sweat, hair samples and fingernail clippings by the use of modern and scientific techniques including DNAprofiling and such other tests which the registered medical practioner thinksnecessary in a particular case;(b) "registered medical practitioner" means a medical practitioner whopossesses any medical qualification as defined in clause (h) of section 2 ofthe Indian Medical Council Act, 1956 (102 of 1956) and whose name hasbeen entered in a State Medical Register.'.9. Insertion of new section 53A.-After section 53 of the principal Act, thefollowing section shall be inserted, namely:-"53A. Examination of person accused of rape by medical practitioner.-(1)When a person is arrested on a charge of committing an offence of rape or anattempt to commit rape and there are reasonable grounds for believing that anexamination of his person will afford evidence as to the commission of suchoffence, it shall be lawful for a registered medical practioner employed in ahospital run by the Government or by a local authority and in the absence ofsuch a practitioner within the radius of sixteen kilometres from the placewhere the offence has been committed, by any other registered medicalpractitioner, acting at the request of a police officer not below the rank of asub-inspector, and for any person acting in good faith in his aid and under his
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...