Tamil nadu act 042 of 1980 : Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1980

Preamble

Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1980*

[Tamil Nadu Act No. 42 of 1980]*[1st December, 1980]

An Act to amend the Code of Criminal Procedure, 1973, in its application to the State of Tamil Nadu.

Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-first Year of the Republic of India as follows:-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 8th August, 1980, Part IV-Section 1, page 408.

* Received the assent of the President on the 21st November, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 1st December, 1980 (Karthigai 16, Rowthiri-2011-Tiruvalluvar Aandu)

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1980.

(2) It extends to the whole of the State of Tamil Nadu.

Section 2. Amendment of section 24, Central Act 2 of 1974

2. Amendment of section 24, Central Act 2 of 1974.- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-

(a) in sub-section (6), after the expression "sub-section (5)", the following shall be inserted, namely:-

"but subject to the provisions of sub-section (6-A)";

(b) after sub-section (6), the following sub-section shall be inserted, namely:-

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section.";

(c) in sub-section (7), after the expression "sub-section (6)", the expression "or sub-section (6-A)" shall be inserted.