1 - page 4, l:int; 5',-insert after "chapter v" "of this code" " 2 page 5', line 4',-!ll: "act"  ~ "chapter" 3 page, line 33,-', t:2!: "act"  ~ "chapter" 4 page 6, line 34,-for "act" ~ "clla;pter" 5' page 7, line 41,-after "circumstances" insert iijustifios or'l: , ~a~e 8, line 13,-a:fter "shall~13 n ~ "-e" 7 fage 9, line 25,-" after "86" insert "shall" , page ~', line} 3e,-"  - '1", - >    ," p~gc 1;, ~ tile marginal bead1ngto proposed~,:   s~ction 1 ~'!trit ,-  ~" ''''l   ':~" ,j~ page '10, line 4,-, '  ' ;tqt "act" ~ "chapter" c 11 page to, 11lle ',-t~ "act" ~ "chapter" 12 page 1', l:jne 13,-nu: "act" ma4 "chapter"  bill no 154 of 18'7 the code of criminal procedure (amendment) bill, 1977 a billfurther to amend the code of criminal procedure, 1973 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-short title 1 this act may be called the code of criminal procedure (amendment) act, 1977 ,io " 1 2 of 1974 amendment of section 1 s z in the code of criminal procedure, 1973 (hereinafter referred to as the principal act), in sub-section (2) of, section 1, in the proviso, after the figures "viii,", the ~gures and letter "villa," shiall be inserted 3 after chapter viii of the principal act, the following chapter shall ~be inserted, namely:-insertion otnew chapter villa  'chapter villa 10 prbvbntion of treasonable and other dangerous activities124a in this chapter, unless the context otherwise requires,-deftnitions is (a) "appropriate government" means, as respects a detention order made by the central government or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer subordinate to a state government or as respects a person detabled under such order, the state government; ('b) "detention order" means an order made under section i24b; (c) "detenu" means a person detained under a detention order; (d) "foreigner" has the same meaning as in the foreigners ~1~ ~ 31 of 1948 (e) "person" includes a foreigner; '(f) "prescribed" means prescribed by rules made by the central government; (g) "state government", in relation to a union territory, means the administrator thereof s  124b (1) the central government may,-(a) if satisfied with respect to any p~rson that with a view to preventing him from acting in any m:mner prejudicial to the defence of india or the 'seem ily of india; 01' power to make orders detaining certaln persons , (b) if satisfied with respect to any foreigner that with a 10 view to regulating his cuntim:{d presence in india or with a view to making arrangements for his expulsion from india, it is necessary so to do, make an order directing th:lt such person be detained (2) the central government or the state government may, it is satiosfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained (3) the state government may, if satisfied with respect to any 20 person that, with a view 'to preventing him from acting in any manner prejudicial to-(a) the security of the state; or ('b) the maintenance of public order, it is necessary so to do, make an order directing that such person be 2s detained (4) for the purposes of sub-sec~ion (3),-" , (a) c;acting in any manner prej-udicial to the security of the state" means making preparations for using, or attempting to use, or using, or instigating, inciting or otherwise abetting the use 30 of, any lethal weapons (including firearms, explosive substances and corrosive substances), to overthrow or overawe the government established by law in india; (b) "acting in any manner prejudicial to the maintenance of public order" means-35 , (i) promoting, propagating, or attempting to create, feelings of enmity or hatred or disharmony on grounds of religion, race, caste or community; (u) making preparations for using, or attempting to use or /using, or instigating, inciting or otherwise abetting the 40 use of any lethal weapons (including firearms, explosive tiiubstances and corrosive substances) where such preparations, using, attempting, instigating, inciting or abetting, dis--turbs or is likely to disturb public order; i5 of 1880 s (iii) attempting to commit, or committing, or insijgating inciting or otherwise abetting;the commission of, mischief within the meaning of section 425 of the indian penal code in respect of public property or means of public transportation where the commission o£ such mischief disturbs, or is likely to disturb, public order; 10 (iv) committing offences punishable with death or imprisonment for life or imprisonment for a term extending w seven years or more, where the commission of such offences disturbs, or is likely to disturb, public order ezplaootion-in this sub-section,-54 of 1959 (a) "firearms" shall have the same meaning as in the arms act, 1959; 6 of 1908 is (b) "explosive substances" shall have the same meaning as in the explosive substances act, 1908; (c) "public property" means any property owned or controlled by the government or by a corporation owned or controlled by the government or by a 'society financed wholly or substantially by the government 20 (5) if, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a district magistrate or a commissioner of police, the state government is satisfied that it is nece9s8ry so to do, it may, by order in writing, direct that, during such period as may' be specified in the 25 order, such district magistrate or commissioner of police may, if satisfied as provided in sub-section (2) or in clause (b) of s\lb-section (3), exercise the powers thereunder: provided that the period specified in an order made by the state government under this sub-section shall not, in the first instance, 30 exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do amend such order to extend such period from time to time by any period not exceeding three months at anyone time, (6) when any order is made under this section by an officer men-35 tioned in sub-section (5), he shall forthwith report the fact to the state government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter and no such order shall:r~ain in force for more than twelve days after the mak-40 ing thereof unless, in the meantime, it has been approved by the state government (7) when any order is made or approved by the state government under this section, the state government shall, within seven days, report the fact to the central government together with the 45 grounds on which the order has been made and such other particulars as, in the opinion of the state government have a bearing on the necessity for the order \\n (8) save as otherwise provided in sub-section (6) an order \ rade under this section by an om~~r me~~i(ln~ in sub-section (5) shall have the same force and effect as an order made by the state government to which he is subordinate 124c a detention order may be executed at any place in india in the manner provided for the execution of warrants of arrest under chapter v 5 execution of detention orders 124d every person in respect ot whom a detention order has been made shall be liable-power to regulate place of detention (a) to be detained in such place as the appropriate government may, by general or special order, specify; and (b) to be removed from one place of detention to another 10 place of detention, whether within the same state or in another state, by order of the appropriate government: provided that no order shall be made by a state government under clause (b) for the removal of a person from one state to another state except with the consent of the government of that other 15 state the (1) every detenu shall, during the period of his detentiaa, be subject to such conditions and restrlctiou add be entitled to such facilities as may be prescribed fa respect of the matters sped-6ed in suheetion (2) 20 (2) the matters in respect of which oonditions, re&trictioas and facilities may be prescribed in relation to d~tenusare the fellowing, namely:-conditions bnd restrictions as to detention and facilities to persons under detention and relief to their families (a) maintenance of discip1ine (including breaches of discipline and punishments therefor) and restrictions wigl regard to 25 such other matters as may be requ,ired to be regulated for securing the purposes for which sum persons are detained; ('h) medical, recreational and other facilities (3) subject to any rules made in this beh-au under section 1248, the appropriate government shall, if satisfied ,that the meaas of sub- 30 sisteace of the family of a dctenu ha,ve been readereel inadeqwd'e 'by reason of his detentioa, grant to such family 8uch maaetary relief as it may deem appropriate explanation-for the pul'poses of this sub-seetiod, "family", in relation to a detenu means his or her spouse, dependent chudren a  3s depeodeat parents (4) the appropriate government may iy «eneral or speeia) 0i'der, and whether by way of relaxatioa of the prescribed conditions and restrictions or otherwise, provide that, in addiuon to tile prescribed facilities, detedus may, at "eir option~ b" el\tltled to sw:1a faeilitiel 40 as may be specifted in the ori1er 124f no detention order shall be invalid or inoperative merely by reason-s | (a)                                 | that                     | the    | person to be detained thereunder    ||-------------------------------------|--------------------------|--------|-------------------------------------|| is                                  |                          |        |                                     || outside the                         |                          |        |                                     || limits of                           |                          |        |                                     || the                                 | territorial jurisdiction | of     | the                                 || making                              |                          |        |                                     || the                                 | order,                   | or     |                                     || detention                           |                          |        |                                     || orders not                          |                          |        |                                     || to                                  |                          |        |                                     || be                                  |                          |        |                                     || in-                                 |                          |        |                                     || valid                               |                          |        |                                     || or                                  |                          |        |                                     || inopera-                            |                          |        |                                     || tive on                             |                          |        |                                     || certain                             |                          |        |                                     || growlcis                           |                          |        |                                     || (b)                                 |                          |        |                                     || that                                | the                      | place  |                                     || of                                  |                          |        |                                     || detention of such person is outside | the                      |        |                                     || said limits                        |                          |        |                                     |10 powers in ,elation to absconding persons 124g (1) u the central government or the state government or an officer specified in sub~section (5) of section 124b, as the case may be, has reason to believe that a person in respect of whom a detention ,order has been made has absconded or is concealing himself so that the order cannot be executed, that government or officer may-(a) make a report in writing of the fact to a metropolitan magistrate or a judicial magistrate of the first class having jurisdiction in the place where the said person ·ordinarily resides; is ('b) by order notified in tke official gazette direct the said person to appear before such ofticer, at such place and within such period as may be specified in the order 20 (z) upon the making of a report against any person under clause (a) of bub-section (1), the provisions of sections 82 to 86 (both inclusive) shall apply in respect of such person and his property as ifi the detention order made against him were  a warrant issued by a magistrate (3) if any person fails to comply with an order issued under clause (b) of sub-section (1), he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both  (4) notwithstanding anything contained in any other provision of this code, every offence under sub-section (3) shall be cognizable 35 124h (1) when a person is detained in pursuance of a deten-grounds tion order, the authority making· the order shall, as soon as may ot order be, but not later than five days from the date of detention, com-~~tention municate to him the grounds on which the order has been made to be and shall afford him the earliest opportunity of making a repredisclosed  sentation against the order to the appropriate government to persons (2) nothing in sub-section (1) shall require the authority to affected disclose facts which it considers to be against the public interest by the to disclose order 4s jim-i (1) 'ftle central government and eacb state govem-constltument shall, whenever 1ieeessary coilstitute one or more advisory tion at boards for the parposes of this act advisory boards (2) every such beard shall consist of a chairman and two other members; and (a) the chairman shall be a serving judge of the appropriate high court and the other members shall be serving or retired judges of that or any other high court; and (b) the central government or, as the case may be, the state government shall appoint the chairman and other mem- 5 bers in accordance with the recommendations of the chief justice of the appropriate high court: provided that the serving judge of any high court other than the appropriate high oourt may be appointed as the chairman if, having regard to the number of available judges of the appropriate 10 high court and other relevant circumstances, the chief justice of the appropriate high court so recommends erplanatipn-ln this section-(a) "appropriate high court" means,-(i) in the case of an advisory board constituted, or is proposed to be constituted, by the central government, the high court of delhi; (ii) in the case of an advisory board constituted, or proposed to be constituted, by a state government, the high court for that state; 20 (b) "high court" means,-(i) in relation to any state other than a union territory, the high oourt for that state; (ii) in relation to a union territory, to which the jurisdiction of a high court has been extended under 25 article 230 or, for which and for any other state or states a high court has been established under article 231, the high o:>urt whose jurisdiction has been so extended or, as the case may be, the high court so established; and (iii) in relation to any other union territory, such 30 high court as the central government may, by notification in the official gazette, specify in this behalf 124j save as otherwise expressly provided in this act, in every case where a detention order has been made under this act, the referenca to advisory boards appr:>p~iate government shall, within four weeks from the date of 35 detention under the order, place before the advisory board constituted by it under section 124-1 the grounds on which the order has been made and the representation, if any, made by the person affected by the order and, in case where the order has been made by an officer, also the report by such officer under sub-section (6) 40 of section 124b pj'ocedure of advisory board 124k (1) the advisory board shall, after considering the materials placed before it (including the representation, if any, made under section 124h) and, after calling for such further informaition as it may deem necessary from the appropriate government 45 or from any person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate goverrunent within eight weeks from the date of detention (2) the report of the advisory board shall specify in a sepa-s rate part thereof the opinion of the advisory board as to whether or not there is sufficient cause for the detention of the person concerned (3) when there is a difference of opinion among ,the members forming the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board 10 is (4) nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practiuoner in any matter connected with the reference to the advisory board, and the proceedings of the advisory board and its report, excepting that part of the report in whicb the opinion of the advisory board is specified, shall be confidential 20 action upon the report of the advisory board 124l (1) in any case where the advisory board has reported under section 124k that there is, in its opinion, sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the penton concerned for such period as it thinks fit (2) in any case where the advisory board has reported under section 124k that there is, in its opinion, no sufficient cause for the detention of the person concerned, the appropriate government 25 shall revoke the detention order and cause the person to be released fortpwith 124m (1) a person detained in pursuance of a detention order which has been confirmed under section 124l may make representations to the appropriate government for the revocation of the detention order made against him on anyone or more of the following grounds, namely:-representations by detenu for revocation of the detention order a,awt him 35 (a) that he undertakes to desist from the activities for the prevention of which he has been detained and that he is willing to comply with all such conditions and restrictions as the appropriate government may deem fit to impose in this behalf; (b) that the circumstances in which the detention order was made against him have changed in material respects and ithat in the changed circumstances it is no longer necessary to keep him under detention; or 40 (c) that the condition of his health or the condition of his family or any members thereof or any other circumstances justify a compassionate view being taken of his case 45 (2) the appropriate government shall consider a representation received under sub-section (1) as soon as may be after it is received and if, after such consideration, that government is of opinion that the detention order against the person making the representation shall not be revoked, it shall cause the representation to be placed before the advisory board for its opinion as early as possible but not later than sixty days from the date of receipt of the representation: so provided that it shall not be necessary to place such representation before the advisory board if during the pt"nod of ninety days immediately preceding the date of receipt of such representation an:! other representation under sub-section (1) was received from such person s (3) the advisory board shall consider the representation placed before it under sub-section (2) in such manner as it deems appropriate and submit its opinion to the appropriate government as expeditiously as possible and the appropriate government shall act in conformity with such opinion 10 maximum period of detention 124n the ,maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 124l shall be be twelve months from the date of detention: provided rt:~t nothing contained in this section shall affect the is power of the appropriate government to revoke or modify the detention order at any earlier time 10 of 1897 124-0 (1) without prejudice to the provision's of section 21 of! the general clauses act, 1897, a detention order may, at any time, be revoked or modified,-20 revocation of detention order (a) notwithstan:dlng that the order has been made by an oflicer mentioned in sub-section (5) of section 124b, by the state government to which that officer is subordinate or by the central government; (b) notwithstanding that the order has been made by a statt' 25 government, by the central government (2) the revocation of a detention order shall not bar the making of a fresh detention order under section 124b against the same person in any case where fresh facts have arisen after the date of revocation on which the central government or a state government or an 30 officer authorised under sub-section (5) of section 124b, as the case may be, is satisfied that such an order should be made (3) nothing in sub-section (2) shall be construed to bar the making of a fresh order of detention against a person on the same facts as an earlier order' of detention made against such person in 3s any case where-(i) the earlier order of detention or its continuance is not legal on account of any technical defect; or (ii) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding any challenge, 40 that such order or its continuance is not legal on account of any technical defect: provided that in computing the muimum,period iar whieb a person against whom such fresh order of detention hal been issued may be detained, the period during which such penon  under detention under the earlier order of tk!teiieion aball be excluded 10 124p (1-) the appropriate government may, at lilly time, 4ireet that any 'pernn detained ·in pursuance ·ofa "'ntbl order may be released for any specified period eit_ witilaut ogdditiodl or upon such conditions specified in the dihction - that period accepts, and may, at any time, cancel his release (2) in directing the 'releaaeof any:perjojl uw i&lla-eectiod  (1), the appropriate gove~~t may requir jiw:d ,  au into a lmmd with or without sureties 'for the due o_~ of the conditions specified in the direction 1'5 (3) any person released under sub-seetiontl) jlball  himself at the time and place, and to the aulthority, speaiw·jn:the order· directing his release or cancelling his release, u the cue m~y be 25 1() if the appropriate govermnant has reuod tobelieve that oy 'person who has failed to suitender himselfintbe mlan  specified in sub-section (3) has absconded or:is coneealilw hlmielf, that government may make a report in writing of the fact to - metropolitan magistrate or a judicial magistrate ;fif:the tint dill haviqg jurisdiction in the place where the said person ordinarily ftsidesand thereupon the provisions of sections '82 to 86 apply in relation to such person as they apply in relation to a period who has absconded or is concealing himself so that a warrant 1aaued 'by the magistrate cannot be executed 30 (5) if any person fails without sufficient cause to surrender him· self in ,the manrer specified in sub-section (3), he ihell be punishable with imprisonment for a term which may ectend to two ',ears 01' with fine, or with both (6) if any: person )'eleased under iubosection (1) ·  ili:jo :tulal any of the 'conditions imposed upon himuntter tile 1iilcl  , •• dtioa 01'  in the bond entered into by him, the 'band hall be odeeiand ' be forfeited and any person bound ·thereby shall 'm 'ltable :to ~-the penalty -thereof (7) notwithstanding anything contained in any other law and \ -ve as otherwise provided in this section, no peraonaalnat ·whom ,a ,detention order made under this chapte1' is in forc:e thalt 'be nile  eel whether on bail or bail bond or otherwise 124q no suit or other legal proceeding shall lie agaln8t  clentifalgovernment or a state government, and do lult, proteeu-ioicm  other letgal ,proceeding shall li~ against any person,  for anytbtni ingood ·faith done or intended to be don~ in ~uanee tj't ofhit ·oj p  '~::, ~~~ (1) within three ,montiv; from the expiry of each calendar ,~~r-1' •• report on the administration of the act, " - , ", ~,  () the president shall cause to be laid before each house of parliament a report on the administration of this act during that year; 5 ; ",' ~\ (b) the governor of each state shall cause to be laic\ before the legislati\re auembly or, as the case may be, each house of the :lagislature of the state a report on the administration of this act ill that state during that year; ~:  ;'  (c) the administrator of each union territory having a 10 legislative assembly shall cause to be laid before the legislative 'aaaembly of the union territory a report on the administration of'this act in that union territory during that year , (2) for the purpose of preparing any report referred to in "clause (a) of suboosection (1), the central government may call for js any periodic or other report from any state government 1245, (1) the cell!tral governme'nt may, by notification in the official gazette, make rules to carry out the provisions of this chapter (2) in particular and without prejudice to the generality of the , '1oregoulg power, such rules may provide for all or any of the foljow-3q , ing matters, namely:-(a) the matters referred to in sub-section (2) of section 124e; , (b) the limit s'ulbject to which monetary relief may be granted to families of detenus under sub-section (3) of section 124e and other matters relating to such relief; ls (c) the ma,tters which should be dealt with in the reports referred to in section 124r; ! (d) any other matter which has to be or may be prescribed ~, under this chapter (3) every rule made by the central government under' this 30 chapter shall be laid, as soon as may be after it is made, before each ,  houle of parliament while it is in session for a total period of thirty ",'days which, may be comprised in one session or in two or rmtesuc-, ,te8live sessions, and if, before the expiry of the session immedia,tely followinr the session or the successive sessions aforesaid, both houses 35 agree in making any modification in the rule or both houses' agree  ' that the rule should not be made, the rule shalal thereafter have effect "~on1yin such j'nodifted form or be of no eftect as the case may be; so, ,,', ,)iow,ver, tq~t a,ny such modification or annulment shall be witbout 'prejudice to the vaudity of anything previously done under that rule' 4tj repeal 4 (1) the maintenance of internal security act, 1971, is hereby of ad  ,", n!pealed 28 or-j97i; ' ,   ;  ,  , :(2) ,the c:e~r ,of operation, by ft'ason of such repeal, of 'any gtciet ot ~tion against any person in force under the said act iml'il~ately before such repeal shall not bar the making of a fresh order of chten- 4~ tion against such person under chapter vnia of the code of cnmblal 2 of 1974: proeedure, 1973, on all or any of the facts on which the order which 10 ceased to operate was made: provided that in computing the maximum per~ for which r:uch per-ion may be detaineci under such fresh prder, the period during which s uch person was under detention under the order which so ceased to operate shall be excluded 2 of 18'74, (3) the provisions of sub-section (2) shall have eftect notwithstandiri'g anything coni!ained in section 124-0 of the code of criminal procedure, 1973 1b p:tt1~ of the government with regard to the mab1~ , internal security ad, 19'11 was enunciated in the address- of" tlie- viee- t aet£d ft president to the joint session of both i{o\uiii of ~t oil 28th march, 1977 in the following words: - "having regard to the gross abuse to which maintenance 01 internal security act has been put during the last two year, a thorough review of the act will be undertaken witl) a view to repealing it and examining whether the existing laws need further itrengthening to deal with economic offences and security of the eountry··withou;t denying the right of approach to courts  2 considering the complexity and nature of the problems, partieularly in respect of security, public order and prices, faced by the country, it is the considered view of the government that the administration would be greatly handicapped in dealing eft'ectively with the same in the absence of powers of preventive detention government are, however, fully conscious of the gross abuse to which the powers under the maintenance of internal security act we1'e put during the emergency tbi, was made possible on accou,nt of certain amendments made in the jaw during the emergency, the presidential order under article 359 of the constitution taking away the right of persons to move the courts for enforcement of fundamental rights, the severe curbs on the freedom of the press and the general climate of fear created during the emergency these factors are no longer operative 3 accordingly, it is proposed to include a new chapter ill the code ot criminal proeedure, 1973 to provide for preventive detention however, having regard to the past experience, the previous laws have been vf!fy elo&e1y examined with a view to building into the new chapter appropriate safeguards in order to completely eliminate the possibility of its misuse in future in particular, the expressions "acting in any manner prejudicial to the security of the state" and "acting in any manner prejudicial to the maintenance of public order" have been so defined as to remove any possibility of the use of this law for political purposes also, the composition of the advisory boards and the manner of their appointment have been so modified that every detention would be subject to independent judicial review which would inspire public conadence as well as act as a great restraining influence on the executive • the bill seeks to achieve the above objects nzw dam; ~ 20th december, 1917 charan singh  -loa ljte (l»ntained in the olepter which is proposed to be idierw in the c'ode or criminal procedure, 11m by clause :t of the bin) provides for the making of rules and orders, inter cu"" in respect ~ fact- wrwca1ulf be pro\lidad iio· detenus the ijectiod a180 provides that  aajrllitlte qo\tamaam&  y if satisfted that the ide8lls of aubsi&- el  ~ -' - dmeau hav been ftddered inaclecpjate by reaaon 1ii&w,panttu-iiich,fu;uly suchmoaet-y l'euef  it-may deem    rat j2tt~ fol'lmijlg pan of tbe illude chapter, pro- ta  uaticm ot adwillc7 boards by the central government 2 in the cue of periods detained in pul'suance of orders made by the omtral government, the expenditure in respect of facilities to such perlolls, monetary relief to families of detenus in cases where the same ii ide i '  ibe apenditu in coiulecticm with the advisory boards wii  ·be met , tbe centira1 government the actual expenditure _ii •••• ' at jadiiii, to cletenua add modetary relief to fainwtw ot de -  wia  upea vadeua cc:mt~_ uch aa the number of per-iodi who may be detained in pursuance gf omell8 ilaued by the ceatral government, the nature of facilities that may be provided for under the rules, etc, and it is not possible to visualise at this stage the quantum ot iuch expedditure some expenditure of a recurring nature will have to be 1deun'ed in connection with the advisory boards and it is not possibloe at this tage to make an accurate esumate of the expenditure which may be involved ' 3 the provitions of tho bill do not involve any otper expenditure of - reeurrtd, or non-recurring nature ' clause 3 ofi the biu seeks to insert a new chaptef! ~~ly,  <;'h,pter · villa, eonslst£ng of sections 124a to 1245, i,n "the code' of crithliml pz:bc~ d\u'8, 19'13  ' ,' l ': , 4 ~ 2 section 1248 empowers the central "government tpcarry out'  '1be provisions of the said chapter the matters in fespei:t of which, rulei may be made relate, among others, to the matters  referred to in silb-&ec!~ · ~on (2) of hctlon 124e (conditions and restrictions as to dete'ntlonilnd facilities to persons \ulder detention), the limit subject to which' moftei tary 'relief may be granted to families of detenus under sub-section·' (i) of the said section and other matjers relating to such relid an~  the matters which should be dealt with in the reports referred to in secti~ 124r   ' ,   '; " ,-; 3 the matters in respect of which rules may be made· unger iecu6n 1248 and the ma~tel"s in respect of which orden may be ma4e' under · section 124e are matters of detail and procedure and it i8 not practicable to provide for them in the bill itself,- the delegation of legislative power is, therefore, of normal character ; ~ ," :   'j  " ,oi,  ; "  annexure erntact from 'l'hb code of clti!4inal procsoure, 1973(2 of 1974) -  - - - 1 (1) this act may be called the code of criminal procedure, 1973 (2) it extends to the whole of india except the state of jammu and kashmir: provided that the provisions of this code, other than those relattlll to chapters vol, x and xi thereof, shall not apply-short utje, extent and commencement (q) to the state of nagaland, (b) to the tribal areas, but the concerned state government may, by notiftcation, apply illcb provisions or any of them to the whole or part of the state of nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notiftcation e~ticm-in this section, "tribal areas" means the territories which immediately before the 21st day of january, urn were included in the tribal areas of assam, as referred to in paragraph 20 of the sixth schedule 'u):""lhe consutution; other than those within loea} limits of the municipality of shillong (3) it shall come into force on the 1st day of april 1974  - - - - -                    (lltri ~                                          smgh, mttltmr of ii"" a," ,~ i  /"  