THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT,2008

10. Insertion of new section 60A. " After section 60 of the principal Act, the following section shall be inserted, namely:"

�60A. Arrest to be made strictly according to the Code. " No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.�.

11. Amendment of section 157. " In section 157 of the principal Act, in sub-section (7), after the proviso, the following proviso shall be inserted, namely:"

�Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.�.

12. Amendment of section 161. " In section 161 of the principal Act, in sub-section (3), the following provisos shall be inserted, namely:"

�Provided that statement made under this sub-section may also be recorded by audio-video electronic means.�.

13. Amendment of section 164. " In section 164 of the principal Act, in sub-section (7), for the proviso, the following provisos shall be substituted, namely:"

�Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.�.

14. Amendment of section 167. " In section 167 of the principal Act, in sub-section (2)," (a) in the proviso,"

�(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;�;

(ii) for Explanation II, the following Explanation shall be substituted, namely:"

�Explanation II. " If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.�;

�Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.�.

15. Amendment of section 172. " In section 172 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely:"

�(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary.

(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.�.

16. Amendment of section 173. " In section 173 of the principal Act,"

(a) after sub-section (7), the following sub-section shall be inserted, namely:"

�(1A) The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer in charge of the police station.�;

(b) in sub-section (2), after clause (g), the following clause shall be inserted, namely:" �(h) whether the report of medical examination of the woman has been attached where

investigation relates to an offence under section 376, 376A, 376B, 376C or 376D of the Indian Penal Code.�.

17. Insertion of new section 195A. " After section 195 of the principal Act, the following section shall be inserted, namely:"

�195A. Procedure for witnesses in case of threatening, etc. " A witness or any other person may file a complaint in relation to an offence under section 195A of the Indian Penal Code.�.

18. Amendment of section 198. " In section 198 of the principal Act, in sub-section (6), for the words �fifteen years of age�, the words �eighteen years of age� shall be substituted.

19. Amendment of section 242. " In section 242 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:"

�Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.�.

20 . Amendment of section 275. " I n sect ion 275 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:"

�Provide d that e vidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.�.

21 . Amendment of section 309. " In section 309 of the principal Act, " (a) in sub-section (1), the following proviso shall be inserted, namely:"

�Provided that when the inquiry or trial relates to an offence under sections 376 to 376D of the

I ndi an Penal Code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of witnesses.�;

(b) in sub-section (2), after the third proviso and before Explanation 1, the following proviso shall be inserted, namely:"

(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;

(b ) th e fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.�.

22 . Am endment of section 313. " In section 313 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:"

�(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.�.

(i) i n sub-section (1), for the TABLE, the following TABLE shall be substituted, namely-