act 002 of 1974 : Code of Criminal Procedure (Amendment) Act, 2010 [Repealed]

Code of Criminal Procedure (Amendment) Act, 2010 [Repealed]

ACTNO. 2 OF 1974
09 September, 2011

[Repealed by Act 19 of 2015, S. 2 and Sch. I, dated 14-5-20152]

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

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows

Prefatory Note Statement of Objects and Reasons. In the light of objections from certain quarters to certain provisions of the Code of Criminal Procedure (Amendment) Act, 2008, the said Act could not be brought into force. These provisions, inter alia, relate to the power of the police to arrest without warrant. A reference in the matter was made to the Law Commission of India to take the initiative to bring about a consensus on the issues. The Law Commission discussed the issues with all concerned including the Chairperson(s) of some of the Bar Councils and the Chairman of the Bar Council of India. After holding consultations, the Law Commission recommended further amendment in the provisions of amended Section 41 of the aforesaid Act to make it compulsory for the police to record the reasons for making an arrest as well for not making an arrest in respect of a cognizable offence for which the maximum punishment is up to seven years. The Law Commission also suggested further changes in the newly inserted Section 41-A of the Code of Criminal Procedure, 1973 (inserted by Act 5 of 2009) to make it compulsory for the police to issue a notice in all such cases where arrest is not required to be made under clause (b) of sub-section (1) of the amended Section 41. It was also suggested that the unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued under the aforesaid Section 41-A could be a ground for his arrest. It has been decided to accept the suggestions of the Law Commission of India and to amend the Code of Criminal Procedure, 1973, as amended by the Code of Criminal Procedure (Amendment) Act, 2008.

2. The Bill seeks to achieve the above objectives.

Section 1. Short title and commencement

(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of Section 41

On and from the date of commencement of Section 5 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), in Section 41 of the Code of Criminal Procedure, 1973 (2 of 1974) [as amended by Section 5 of the Code of Criminal Procedure (Amendment) Act, 2008], in sub-section (1), in clause (b), the following proviso shall be inserted at the end, namely

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest. .

Section 3. Amendment of Section 41-A

On and from the date of commencement of Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), in Section 41-A of the Code of Criminal Procedure, 1973 (2 of 1974) [as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008],

(a) in sub-section (1), for the words The police officer may , the words The police officer shall shall be substituted;

(b) for sub-section (4), the following sub-section shall be substituted, namely

(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice. .

1. Received the assent of the President on 21-9-2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 22-9-2010, pp. 1-2, No. 50

2. Ed.: Act 41 of 2010 repealed by Act 19 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015: 4. Savings. The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

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