THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT,2008

[ACT N OF 9]

 

[7th January, 2009.]

 

 

An Act further to amend the Code of Criminal Procedure, 1973.

 BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:"

 

 

1. Short title and commencement. " (1) This Act may be called the Code of Criminal  Procedure (Amendment) Act, 2008.

 

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.

 

2. Amendment of section 2. " In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:"

 

(wa) victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir;’.

 

3. Amendment of section 24. " In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:"

 

“Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.”.

 

4. Amendment of section 26. " In section 26 of the principal Act, in clause (a), the following proviso shall be inserted, namely:"

 

“Provided that any offence under section 376 and sections 376A to 376D of the Indian Penal

Code shall be tried as far as practicable by a Court presided over by a woman.”.


5. Amendment of section 41. " In section 41 of the principal Act, "

 

(i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:"

 

(a) who commits, in the presence of a police officer, a cognizable offence;

 

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:"

 

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

 

(ii) the police officer is satisfied that such arrest is necessary"

 

(a) to prevent such person from committing any further offence; or

 

(b) for proper investigation of the offence; or

 

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

 

(d) to prevent such person from making 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 the police officer; or

 

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,

and the police officer shall record while making such arrest, his reasons in writing.

 

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;;

 

(ii) for sub-section (2), the following sub-section shall be substituted, namely:"

 

(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.”.

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