 corrigenda to the code of crrninal procedure (~$ndment) bill, 1978cto be/as introduced in 10k sabha 7 1 1 page 4, line 2,-fo r "purpo se it ~ 'lpurpo s8 s " 2 page 4, line y{),-for ''detenion'' read "de ten tion tt 3 page 20, line 27,-f2£ "p anel ii ~ "penal" new detju; mit ~ 1~78 bin no 92 of 1978  -the code of criminal procedure (amendment) bill, 1978  a billfurther to amend the code of criminal procedure, 1973 be it enacted by p~ament in the twenty-ninth year otthe repubuc ot india as follows:-1 this act may be called the code of criminal procedure (amend-short ment) act, 1978 title amendment of section 2 2 of 1974 s i, in the code of criminal procedure, 1973 (hereinafter referred to as the principal act), in section 2, in clause (;), the words "and salch local area may comprise the whole of the state, or any part of the state, as the state government may, by noti&:ation, specify" shall be inserted at the end 10 3 in section 11 of the principal act, to sub-section (ii), the following proviso shall be added, namely:-amendment of section 11 is "provided that the state government may, after consultation with ,the high court, establish, for any local area, one or more special courts of judicial magistrates of the first cl~s or of the second class to try any particular cas(: or particular,"ss of cases, and where any such special court u established, 1'lo(;',~~~co~rt of  ('~ , magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such special court of j,udicial magistrate has been established"  4 in section 13 of the principal act,-amendment of section 13 (i) in sub-section (i), for the words "of the second class, in s respect to particular cases or to particular classes of cases or to cases generally, in any district, not teing a metropolitan area: ", the words "of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, noit being a metropolitan area:" shall be substituted; 10 (ii) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) the high court may empower a special judicial magistrate to exercise the powers of a metropolitan magistrate in relation to any metropolitan area outside his local juris- is diction"  5 in section 14 of the principal act,-amendment of section 14 (a) to sub-section (1), the following proviso shall be added, namely:-"provided that the court of a special judicial magistrate 20 may hold its sitting at any place within the local area for which it is established"; (b) aitel sub-sectioll (2), the following sub-section shall be inserted, namely:-",(3) where the local jurisdiction of a magistrate, appoin- 2s ted under section 11 or section 13 or section 18, extends to an area beyod the district, or the metropolitan area, as the case may be, in which he ordinarily holds court, any reference in this code to the court of session, chief judicial magistrate or the chief metropolitan magistrate shall, in relation to such magis- 30 trate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a referenoe to the court of session, chief judicial magistrate, or chief metropolitan magistrate, as the case may be, exerailing juris-&ction, in relation to the said district or metropolitan area" , 35  6 in section 18 of the principal act,-amendment of section 18 (i) in sub-section (1), the words "or to cases generally" shall be omitted; (ii) for bulb-section (3), the substituted, namely:-following suh-ection shall be 40 \ "(3) the high court or the state government, as the case ma)\ be, may empower any special metropoiitan magistrate to elr~'1 'le, in any local area outside the metropolitan area, the pp' of a judicial magistrate of the first class" -i'  ;,,; - , in aeotion 20 of the principal act, in sub-section (2) ,-amendment (a? for the words uau or any", the word "such" shall be subeof section tituted; 20 (b) after the words "in force", the words "as may be directed s by the state government" shall be inserted 8 for section 24 of the principal act, the following section shall be substit~ substituted, namely:-tion of new section for section 24 10 "24 (1) for every high court, the central government ot the public 'state government shall, after consultation with the high cqurt, ap-~rosecu­point a public prosecutor and may also appoint one or more addi-  ors tional public prosecuto,1'b, for conduding in such court, aay prosecution, appeal or other proceeding oft behalf of the central gewrnment or state government as the case may be (2) the centtal government may appoint one or more public i s prosecutors, for the pul'])08e of conducting any ease or class of cases in any district or local area (3) for evf!ry district, the state government shall appoint a public prosecutor and mav also appoint one or more additionai public prosecuttlrs for the district: 20 provided that the public prosecutor or additional public prosecutor appointed for one district may be appointed also to be a public prosecutor or an additional ptlh1ic prosecutor, as the case may be for another district (4) the )')istrict ma~i!;trate shan, in consultation with the sessjon~ judge, prepare a panel of names of person!'!, who are, in hi!; opinion fit to be appbinted as public prosecutors or additional public prosecutors for the district 35 (5) no person shall be appointed by the state gov'eftlment a~ the public prosecutor or addjtional pubhc prosecutor fnr the (ustnct unless his name appears in the panel of names prepared by the district magistrate under sub-section (4) ' un notwithstandinj! anvthinj! contained in sub-section (5), where in a state there exists a reji{ular cadre of prosecutin~ officers the state government shall appoint a public prbsecutor or an additional public prosecutor only from among the person! constituting such cadre: provided that where in the opinion of the state government, no suitable person is available in such cadre for such appointment that government may appoint a person as public prosecutor or additional public' prosecutor, as the case may be, from the panel of names prepared by the district magistrate, under sub-section (4) 'is (7) a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor undpt sub-section (1) or s~b­section (2)-or sub-section (3) or sub-secti()~ (5)  or sub-secbon (6), only if he has been in practice as an 'advocate' for n~t less th::1n seven years,  ,':' - tt j h~~ 1\:  r (8) the central government or the state govel'llment may appoint, for the pu1'pose of any case or class of eases, a person who has been in practice as an advocate· for not less than ten years as a special public hosecutor (9) for the purposes of sub-section (7) and su'b-sec~ion (8), the 5 period during which a person has been in practice as a ple;:tder or has rendered (wh'"'ther before or after the commencement of this code) service as a public prosecutor or as an additional public prosecutor or assistant public prosecutor or other prosecuting officer, by whatever name called, shall be deemed +0 be the period fluring which 10 such person has been in practice as an advocate 9 in section 25 of the prineipal am, after sub-section (1) the followfng sub-section shall be inserted, namely: - amendmerit of section 25 "(1a) the central government may' a1tpoint one ~t' more assistant public prosemtn~ fo1' the purpose' of conducting any cue or is class of (!8c;es in the courts of magistrates" 18 in section 102 of the principal act after snb-sect:ion (2) the following sub-section shall bein~erted, namely:-amendment of section 102 "(3) everv police officer acting' under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and 20 where the property seized if; such that it cannot be conveniently transported to the court he may give custody· thereof to any person on his executing a hond undertaking to produce thp property before the court as and when re'quired and to give effect to the further orders of the court as to the disposal of the same" 25 11 in section 107 of the principal act, in sub-section (1), after the words "ordered to execute a bond,", the words "with or without sureties," shall be inserted amendment of section 107 12 in section 123 of the principal act-amendment of section 121 (i) in sub-section (1) for the words "the chief judicial magis-30 ti"ate", tjie words and figures "the district magistrate in the case of an order paped by an executive magistrate under section 117 or the chief judicial magistrate in any other case" shall be substituted; (ii) in sub-sections (2) (5), (6), (7) and (9), for the words "chief judicial magistra1:le", wherever they occur, the wor'ds and 35 figures "district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case" shall be substituted 1 s; in section 167 of the principal act: in the proviso to sub-section m~ ~ amendment of section 18'7 (a) for paragraph (a)  the following paragraph shall be substituted, namely:-"(a) the ma~fstrat4o! may authorise thp netention of the iieet1ied person otherwise th an in the custoti" of the l'olicf! hevond the period of fifte!"n rbvs, ff h  t:'l sntisfl~ th~t: adeonate l1rounlis 4' , __ • ~-' i~plilr tor doing so but no mngistr'ate shl'\lj ~u~+hortw +h d~fon of the accused person in custody ·under this paragraph for a total period exceeding,-(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or im-5 prisonment for & term of not less than ten years; (if) sixty days, where the investigation relates to any other oiience, and, on the expiry of the said period of· ninety days, or sixty days, as the case may be, the accused person shall be released '0 on bail if he is prepared to and does furnish bail, and every person released on bail urder this sub-section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter;"; (b) in paragraph (b), for the words "no magistrate shall", the r s words "no magistrate shall, except for reasons to be recorded in writing," shall be substituted; (c) the explanation shall be numbered as explana1jion ii, and before explanation ii, as so numbered, the following explanation shall be inserted, namely:-20 "explanotw-n ro-for the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail"; (d) after sub-section (2), the following sub-section snail be 2s inserted, namely:-"(2a) notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector may where a judicial magistrate is 30 not availa15le, transmit to the nearest executive magistrate, on whom the powers of a judicial magistrate or metropolitan magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such executive magistrate, and thereupon 35 such executive magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; anli, on the expiry of the period of detention so authorised, the accused oerson shad be released on bail 40 except where an order foor further detention of the accused person has been made by a m,aglstrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders maife by an executive magistrate 4s under this sub-section, shall be taken into account in computing the petrfod specified in paragraph (a) of the proviso to sub~ section (2): provided that before the expiry of the period aforesam, the executive j6agistrate ~ali trnncnnit to the' nea~~" j~tn\ magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be" 14 the provisions ot: section 167 of the principal act, as amended by 5 this act, shall apply to every investigation pending immediately before the commencement of this act, if the period of cieten,uo~ of the accused person, otherwise than in the custody of the police, had not, at such commencement, exceeded sixty days amendment of section 167 to apply to pending investigations amendment of section 182 15 in section 182 of the principal act, in sub-section (2), after the 10 words "by the first marriage", the words  , or the wife by the first marriage has taken up permanent residence after the commission of the offence" shall be inserted 16 in section 196 of the principal act, in sub-section (2), for the words "a cognizable offence", the words "an offence" shall be suqatttutet! is amendment of section 196 1'7 in section 198 of the principal act, in paragraph (c) of the proviso to sub-section (1),-amendment of section 198 (i) for the word and figures "section 494", the words and flgures "section 494 or section 495" shall be substituted; (ii) after the words "mother's brother or sister", the words 20 " or, with the leave of the court, by any other person related to her by blood, marriage or adoption" shall be inserted 18 in section 206 of the principal act after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section 208 "(3) the state government may, by not;fkation, specially em-2; power any magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a tenn not exceeding three months, or with fine, or with both where the magistrate is of opinion that having regard to the facts and circumstances 3 ) of the case, the imposition of fine only would meet the ends of justice" 11 in section 209 of the principal act, for clause (a) the following clause shall be substituted, namely:-amendment of aect10n 209  (a) commit, after complying with the provision of section 207 or section 208, as the case may be, the case to the court of sess1on, and 35 subject to the provisions of this code relating to bail, remand the \ accused to custody until such commitmen't has been made;~' -\'  ' 20' in section 276 of 'the principal act, for sub-section (2), the following sup-section shall be substituted, namely:-amendment of section 276 ): ii (2) such evidence shall ordinarily be taken oowd in the form 40 1' a narrative, but the- presiding judge may, in'his discretion, t'akp , _it,1 down, or cause to be taken down, any part ot such evidence in the form of question and answer" "21 101 section 277 of the principal act, in clause (a), after tbe words "taken down in that language", the words "or if it is not practicable to 5 do so, it shall be taken down in hindi or in english" shall be inserted amendment of section 277 22 in section 293 of the principal act, in clause (e) of sub-section (4), after the word "director", the words ", deputy director or assistant director" shall be inserted amendment of section 293 23 in section 297 of the principal act, in sub-section (1), for clause 10 (a), the following clause shall be substituted, namely:-amendment of section 297 "(a) any judge or any judicial or executive magistrate, or" 24 in section 299 of the principalact, in sub-section (1), after the words "competent to try", the words ", or commit for trial," shall be inserted amendment of section 299 15 25 in section 309 of the principal act, in sub-section (2), after the second proviso, the following proviso shall be inserted, namely:-amendment of section 309 "provided also that no adjournment shall be granted for the purpose only oil enabling the accused person to show cause against the sentence proposed to be imposed on him  amendment of section 320 20 26 in section 320 of the principal act, in the table under sub-section (1), in column 1, for the word "defamation", the words, figures and brackets "defamation, except such cases as are specified against section 500 of '5 of 1860 the indian penal code in column 1 of the table under sub-section (2)" shall be substituted 25 117 in section 323 of the principal act, the following shall be inserted at the end, namely:-amendment of section 323 "and thereupon the provisions of chapter xviii shall apply to the  commitment so made" 28 in section 326 of the principal act,-30 amendment of section 326 (i) in sub-section (1), for the word "magistrate", wherever it occurs, the words "judge or magistrate" shall be substituted; (ii) in sub-section (2), for the words "from one magistrate to another magistrate", the words "from one judge to another judge or from one magistrate to another magistrate" shall be substituted 35 • in section 374 of the principal act, in sub-section (2), for the wards "has been passed", the words "has been passed against him or against any other person convicted at the same trial" shall be substituted amendment of section 874 amendment of section 377 30 in section 377 of the principal act, in sub-section (2), for the words "the central government may direct", the words "the central 40 government may also direct" shall be substituted la'·~, 31 in section 378 of the principal act, in sub-section (1) the fo11owing shall be inserted at the end, namely:-  amendment of section 378 "or an order of acquittal passed by the court of session in rev!-sion"~ 32 in section 428 of the principal act, after the words usentenced to 5 imprisonment for a term", the words ii, not being imprisonment in default of payment of fine,", shall be inserted amendment of section 428 33 after section 433 of the principal act, the following section shall be inserted, namely:-insertion of new section 433a "433a notwithstanding anything contained in section 432, where 10 a sentence of imprisonment f()r life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen is years of imprisonment" restriction on powers of remission or commutation in certain cases 34 in section 468 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section 468 "(3) for the purposes of this section, the period of limitation, in relation to offences which may be tried togetber, shall be determined 20 with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment" 35 in section 478 of the principal act,-(i) for the words "state legislature", the words "legislative 25 assembly of a state" shall be substituted; amendment 01 section 478 (ii) for the word "requires", the word "permits" shall be substitutec:l  36 in the secood sche:lule to the principal act,-(9 in form no 34,-30 ament'-ment of the second schedule (a) in the heading, for the word "magistrate", the wdrd "court" shall be substituted; (b) for the brackets, words and figures" (see sections 248 and 255) ", the brackets, words and figures" (see s~tions 235, 2'48 and 255)" shall be substituted; 35  (ti) in form no 41, for the brackets, words and ftgures ' (see section 386) ", the brackets, w<1rds and figures" (see sections 386, 413 and 416)" shall be substituted; (iii) in form no 42, for the brackets, words and figures  (see section, 414) ", the brackets, words and figures" (see sections 413 and 40 4«)t i,ball be substituted; (itt) after form nd 44~ the following form shall be inserted, dunely:- iiform no 44a" bond 10'08 appearance of offender released pending realisation of fine , 5 [see section 424 (l)(b)] - --i'" whereas i, (name), inhabitant of (place), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo imprisonment for  ; and whereas the cowrt has been pleased, to order my releabf:, on condition of my 10 executing a bond for my appearance on the following date (or dates), namely: -' i hereby bind myself to appear before the court of af o'clock on the following date (or dates),namely:-,and, in case of making default herein, i biild myself to"forfeit to 15 government the sum of rupees dated, this day of ,19  (signa~ure)  where a bond with sureties is to be executed, add-we do hereby declare ourselves sllii"eties for the above-named 20 that he will appear before the court of on the following date (or dates) namely:-and, in case 0f his making default therein, we bind ourselves jointly and severally to forfeit to government the sum of rupees (signature) it; 25 (v) after form no 46, the following forms shall be inserted namely:- warrant of attachment 1'0 enforce a bond (see section 446)to the p<alce officer in charge of the pollee 'station at '" whereas (name, ,debcriptioft and addr~" of pe7'bon) has failed to appear on (mention the oct:asion) pursuant to his recogn,izance, and has by default forfeited to governmeut the sum of ,ru~ ,,(the penalty in the bond); and whereas the said  (name of pe1"son) has, on due notice to him, ~led to pay the s8ld sum 011" show any sufficient cause why payment should not be enfdrced against him; this is to authorise and require you to attach any movable "property of the said (name) that you may find within the district of - by seizure and detention, and, if the said amount be not paid within days, to sell the property so attached or so much, of it as ,may be sufticient to realise the ati10ullt ,aforesalid, and to make return of what you have done under thiswasnnt immediately upon its execution ' dated, this day of ,19  '(signature) s (seed of the court)  form no 48 no'l'ice to surety on breach or a bond(see section 446) 10 to of wm:aason the day of - 19  , you becallre surety lor (name) of (place) that he should appear before this court on the day of and bound yourself in default thereof to forfeit the sum of rupees to government; and whereas the said (name) has failed to appear before tliis court and by is reason of such default you have forfeited the aforesaid sum of rtlpee's you are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced a'gainst you 20 dated, this day of ,19  (seal of the court) (signature)   form no 49notice to surety of forfeiture of bond for good behaviouii 2s (see section 446) to of whereas on the 'day of ,19, you became surety by a 'bond for (na'j'7w!) af (pt4ce) that he would be of good behaviour for the period of and bound yourself in default thereof 30 to forfeit the sum of rupees to government; and whereas the said (name) has been convicted of ·the offence of (mention the offence concisely) committed' since you became sue'h surety, whereby your security bond has become forfeited; you are hereby required to pay the said penalty of'rupees or" to show cause within days why it shoujd not be paid dated, this day of ,19  (se41 of the court) i ~stgnatur8')  li'orm no 50 warrant of atl'aciiment against a surety (see section 446)to of s wheb&\s (name, de8cription and addres8) bq~, himself as surety for the appearance of (mention the conditw c1f the bond) and the said (name) has made default, and ,1;hereby forfeited to government the sum of rupees (the penaltll i1,& the bond); 10 this is to aut~~ise and require you to attach any movable property of the said (('14me) which you ~y find within the dated, this day of ,19  dis~ict of " by seizure and detention; and, if ihe said amount be not paid withln days, to sell the property 80 attached, or so much of it·as may be sufficient to realibe the is amowlt aforesaid, and make return of what you have done under this waltant immediately upon its execution , ' (seal of the court) '(signature)  foam no 5120  w arr~ of commitment of the surety of an accused person admitted to bail ~ee section 446)to the superintendent (or keeper) of the civil jail at 30 whereas (name and description of suretll) has bound himself as a surety for the appearance of ('state the ~ditioo of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment sh~uld not be enforced against him, and tlie same, cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in 'the'civil jail for (spe~ify the period); 3s -"  this is to authorise and requijre you, the said superintend~nt (or keeper) to receive the said (name) into your custody wl~h this warrant and to keep ,him 'safely in the said jail for the said (term of imprisonment), and to retumthis warrant w,iija an endorsement certifying the manner of its execution dated, this day of ,19 - 40 "f (seal of the court) " (signature) f6rm no 52 nonce to me ,juncipal of forfeiture of bondt<> '~i the peace (see section 446) to (name, description and 'address) t, whereas on the day of " you entered into 5 a bond not to commit, etc, (as in the bond), and proof of the :forfeittire of the same has been givenbef'ore me and duly recorded; , you are hereby called upon to pay~he saic;l ~nalty of rupees or to show cause before me withili ', ' days 10 why payment of the same should not be, enforced against you dated, this day of i 19  (seal 'iqthe court) ,~~~  ' (s;ip1tature)  ,   ~',  form no 53 is warrant to a'l"l'ach the property of the principal on breach of i bond to keep the peacii (see section 446) to (~ame and designation of police officer), at the police station of 20 f r~ 'j , , tf, , whereas (name and desctij)tion~ did, on the day of 19 - enter iniy-i a bon~ for the sum of rupees binding himself not to commit, a breach of the pef;lce, etc, (as in the bond), and 'proof, of the forfeiture of the said bond has been given before me and duly rf'('ordpd: t'lnd whpt'i"a::; notice hasi been given 25 to the said (name) callinl! tlpon him to show cause why the said sum should not hoe paid, rnd he has failed to do so or to pay tlie said sum; this is to authorise and requh'e vou to '!'it't'~'ch bv seizure movable propt(~rty belonltinlt to the said (name) to, tb~ value of 30 rupees , which ynn may find within ~he dishict of and, if the snirl sllyn, be not pj'lid within  to !'jell the property so att?f'heri, 01:" so much of it as mry be, "ufficient to realize the same; and to m~"k~ return of what vocl hwe done under this warrant immediatelv upon its execution 35 'dated, 'tji1ji day of ,19  (seal of the court) (signature)  form no 54 - j ' , '"! ';"  warrant of'lmpr!90nmrnt on breach of a bond to keep 'the ~ peace(see section 446) to the superintendent (otke~per) of the civil 'jail at whereas proof has been given before me and duly recorded that (name and description) has committed a breach cd the bond  ~tered into by him to keep the peace, whereby he has forfeited 45 to government the sum of rupees ; and whereas the said (~me') has failed to pay the said 'sum qr to shqw cit-use why the uidsuin should not be paid, although duly called ~to do so, ;1idd payment thereofcannot be enforced by att$chment qf his movable prqperty, and an order has been made far the ij:nprisonment off the said (name)in the civil jail for the pqriod (jf (term &j imprisonment); ) 10 -ft " ';['h~,is to authorise and require you, the said superintendent (or kee~f) qf the said civil jail to"receive the said (m7re') into yqur custody, together with this warrant, and "to' keep him safely in the said jail fqr the said period of (term of impmonment), and to return that warrant with an,en~rsement certifying the mannerof ita execution da~, this' day of , 19  t'seal·of the court) (signature)  is \, ,  form no 55 , warrant of·atrachment and sale on fqrfeiture of bond for good behaviour(see section 446) to the police officer in charge qf the police statiqn at 20 whereas (name, description and address) did, qn the day qf ,19, give security by bqnd in the sum qf rupees for the good behaviour of (name, etc, qf the principal), and proof has been g,iven befqre me and duly recarded 00: the commission by the said (name) of the qffence qf whereby the said bqnd has been forfeited; and whereas nqtice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he lias failed to do so or to pay the said sum; 30 3s this is to authorise and require you to attach by seizure movable property helonging to the said (name) to the value qf rupees which you may find within the district of and, if the said sum be not paid within , to sell the prqperty so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution dated, this day of ,19  (seal of the court) (signature )  form no 56 warrant of imprisonment on forfeiture of bond for good behaviour (;see sectiqn 446)to the superintendertt (or keeper) of the civil jail at whereas day of (name, description and address) did, on the ,19 ,give security by bglnd in the sum of 4s rupees for the good behaviour of (name, ,tc, of the pi intipal) and proof of the breach of the said bond has been given befwe me and duly recoroed, whereby the laid (fii(i1ile') has forfeited to government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said , sum shauld not be paid although duly called upon tu do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the civil jail for the perpad of (tenn of imprisonment) ; 10 this is to authorise and require you, the superintendent (or keeper), to receive the said (name) into your oultody, together with this warrant,and to keep him safely in the said jail for the said period of (term of imprisonment), !returning this warrant with an endorsement certifying the manner of its execution is dated, this day of , 19  (seal of the court) (signature) "  statement of obld:ts -and reasonsthe code of criminal procedure, 1973 came into force on the tit day of april, 1974 the working of the new code has been cat'efully watched and ir the li~ht of the experience, it has been found ne,cessary to make a few changes for removing certain difficulties and doubts the notes on clauses explain in brief the reasons for the amendments niw i>am; sdpatil the 9th may, 1978  notes on clause,clause 2-the jurisdiction of ~ magistrate under the new code is confined to a district this has created difficulty in enabling the ap,p'ointment of magistrates with jurisdiction beyond a district such as when special judicial magistrates ~re to be appointed to try c~rtain categories of cases or cases involving inter-district ramification,s the definition of the expression "local jurisdiction" in section 2(j) is therefore being amended to empower the state government to define the local jurisdiction-gsextending to the whole of the 'state or to any p,art thereof in the case of special courts or special judicial magistrates, 1~here necessary clause 3-under the new code, courts of magistrates are established for every district sometimes it becomes necessary to set up courts of judicial magistrates for trying special categories of cases, where the juris~ction has to extend to areas beyond a district sub-section (1) of section 11 is being amended to empower the state government to establish special courts of judicial magistrates having jurisdiction throughout any local area and to confer on such courts exclusive jurisdiction to try any particular case or particular class of cases clause 4-the amendment to su'b-section (1) of section 13 seeks to enable special judicial magistrates to exercise jurisdiction over any local area and to enable the conferment on them the powers of a magistrate of the first class also the high court is also sought to be empowered to authorise special judicial magiltrate to exercise the powers of a special metropolitan magistrate in relation to any metropolitan area outside his local jurisdiction clguse 5-sub-section (1) of section 14 is being amended to insert a proviso to the effect that the court of special judicial magistrate may hold its sitting at any place within the local area for which it is established the intention is to facilitate the holding of mobile courts new 8ubl-section (3) is being inserted in section 14 to provide that, whe!!'e the local jurisdiction of a magistrate extends beyond a district or a metropolitan area in which he ordinarily holds his c{'urt, references in the code to the court of session or chief judicial magistrate or chief metropolitan magistrate shall, in relation to the entire area in the local jurisdiction be construed as 'i'eferences to the court of session, chief judicial magistrate or chief metropolitan magistrate, as the case may be, exercising jurisdiction over the district in which he ordinarily holds his court clause 6-section 18 is being amended to bring it in line with the amendment proposed to section 13 the high court is sought to be empowered to authl)rise a special metropolitan magistrate to exercise powers of a judicial magistrate in any area outside his local jurisdiction ,'·i  18 clause 7-sub-section (2) of section 20 is being amended to remove the difficulties in the interpretation, which may be felt, since the words "as the state government may direct", app8aring in the corresponding provision in the old code, were deleted from the provision in the new code clawe 8-the section is being amended (i) to enable the central government and state governments to apr,oint one or more additional public prosecutors for the high court; (ii) to enable the central government to appoint one or more public prosecutors in any district or local area; (iii) to enable counting of service rendered as prosecuting officer before or after coming into force of the code of criminal procedure, 1973 as service as an advoc&te for the purpose of appointment as public prosecutor or additional public prosecutor or special public prosecutor; and (iv) to provide that in any state where there exists n regular cadre of prosecuting officers, appointment of public prosecutors or additional public prosecutors will be made ,only from that cadre and when there' are no suitable persons available appointment can be made from the panel prepared by the district magistrate in consultation with the sessions judge clause 9-section 25 is being amended to empower the central government also to appoint assistant puiblic prosecutors for the purpose of conducting any case or class of cases in the court of magistrates, whenever necessary clause 10-section 102 is being amended (1) to provide that the police officer shall forthwith report the seizure of any property under sub-section (1) to the magistrate, as there is a lacuna in the law and (2) to give effect to the observations of the sur,reme court made in anwar ahmad vs the state of up (air 1976 sc 680) that the police should be given the power to get a bond from the person to whom the property seized is entrusted, liarticularly in cases where a bulky property like elephant or car, is seized and the magistrate is living at a great distance and it is difficult to produce the property seized befone the magistrate clause 1l-under the new code, a magistrate cannot demand surety from a person for keeping the peace he can only demand a personal bond from the person concerned it has been felt that the old provision permitting the demand of the sureties along with bond should be restored section 107 is being amended to enable the magistrate to demand sureties in appropriate cases clause 12-under the new code even the bond executed under the orders of an executive magistrate can be cancelled only by the chief judicial magistrate section 123 of the code is being amended to empower the district magistrate to release persons imprisoned for failure to give security in a case where such person was ordered by an execu· tive magistrate to furnish security clause 13-section 167 is being amended to empower the magistrate to authorise detention, p~nding investigation, for an aggregat~ period of 90 days in cases where the investigation relates to offences punishable with death, imprisonment for life or imprisonment for not les~ than ten years or more and up to 60 days in any other case these amendments ate intended to remove difficulties which have been actually experienced in relation to the investigation of ojfences of a serioua nature a new sub-section is being inserted empowering an executive magistrate, on whom the, powers of a judicial magistrate or metropolitan magistrate have been conferred under section 13 or section 18 to make an order for remand of an accused for a period not exceeding seven days in the aggregate in cases where a, judicial magistratei:; not available the period of dete~tion ordered by such a magistrate will, however, be taken into account in computing the total pteriod specified in clause (a) this is being done with a view to overcoming the difficulties arising out of a shortage of judicial magistrates in the remote areas paragraph (b) of the proviso to sub-section (2) is being amended to provide that the requirement that the accused person should be produced before the magistrate making an order for remand may be waived by the magistrate for the reasons to be recorded by him there may be cases where for practical considerations it may be difficult to produce the accused repeatedly for obtaining remand an explanation is being inserted to clarify that when the accused person does not furnish bail would continue to be in detention, czaw:e 14-a provision is also being inserted to make the provisions of section 167 applicable to pending investigations clause 15-section 182 is being amended 1;0 enable a complaint by a woman relating to an offence of bigamy, to be made at the place of permanent residerx:e after the commission of the offence instead of at the place where she last resided with the husband clause 16-sub-section (2) of section 196 restricts the power of the court to take cognizance of the offence of, any criminal conspiracy punishable under st!ction 120b of the indian penal code, other than a criminal conspiracy to commit a cognizable offence which is punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards unless the state government or the district magistrate has consented to the initiation of proceedings the said subsection is being amended to remove the distinction between cognizable and non-cognizable offences clause 17-section 198 is being amended to provide that a complaint of an offence of bigamy may be filed also by any other person related to the wife by! blood, marriage or adoption, after obtaining leave of court this is intended to afford the much needed help to the aggrieved woman in such cases clause lb-new sub-section (3) is being inserted in section 206 to ('nlarge the scope of ' the facility provided by that section so that the state government may specia1ly empower a magistrate to' exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 320 and to other offences punishable with imprisonment for a term not exceeding three months, where a magistrate is of opinion that imposition of only fine would meet the ends of justice clause 19-clause (a) of section 209 is being replaced by a new clause which clarifit's that the commitment is to be made a~ter complying with the provisions of section 207 or 208 and that the committ41g court will also have the power to make an order for the remand of the accused in custody until the commitment has been made this is intended to remove the difficulty actually experienced in cases where the committing magistrate is unable to commt the accused on the same day clau8e 20-under the new code, in sessions trials, the evidence is to be recorded ordinarily in the form of questions and answers it has been found that such recording of evidence caused delay section 276 is being amended to provide that, as under the old code, evidence shall ordinarily be taken down in the form of a narrative, but the judge may ,take down any particular question and answer verbatim clause 21-the present provision in the new code is that the evidence shall be taken down in the language of the court this has created d:fficulties in areas where other languages are alsq in use to remove practical difficulties in taking down evidence in the language of the court, section 277 is being amended to provide that evidence may be taken down in hindi or english, if it is not practicable to take down such evidence in the language of the court clause 22-sub-section (4) of section 293 is being amended to include deputy directors and assistant directors of central and state forensic science laboratories in the list of government scientific experts clause 23-at present affidavits can be sworn in by a judge or a magistrate to remove a doubt whether this would include executive magistrates, section 297 is being amended to clarify that the provision would ('over executive magistrates also clause 24-under section 299, evidence of witnesses can be recorded in the absence of the accused when he is absconding by the trying magistrate and not by the committing magistrate the section is being amended to enable the committing magistrate also to exercise the function of recording evidence of witnesses when the accused is absconding clau8e 25-the new code provides for an opportunity to an accused person to show cause against the' proposed sentence as this should not lead to delay, section 309 is being amended to clarify that adjoumment shall not be granted only for the purpose of enabling the accused to show cause against the proposed sentence  clause 26-the table under mrb-section (1) of section 320 is being amended to provide that only those cases of defamation may be compounded without the permission of the court, as are not mentioned against ~ection 500 of the indian penal code, in column 1 of the table under subsechon (2) of section 320 clause 27-section 323 is being amended so as to clarify that, where a commitment is made by a magistrate after inquiry and trial, the procedure specified in chapter xviii shall apply to the' commitment so made clause 28-under the existing prov~sion, a de-novo trial is not obligatory when there is a change of magistrate it is proposed to extend the scope ot the section to the court of session also to expedite trial of cases therein clause 29-secti/)n 374 is being amended to provide for cases where there are two or more accused persons the right of appeal, where the appealable sentence has been passed against such person or against any other person convicted at the same trial will be available to all the a<!cllsed persons irrespective of the sentence passed on each this was the position under the old code cla"se so-section 377 is being amended to clarify that the state government, besides the central government can also direct the public, prosecutor ,to present an appeal against inadequate sentence in cases in which the offence was investigated by the delhi special police establishment or any other agency empowered to investigate an offence under any \ ·th~r central act clau,e 31-section 378 is being amended to provide that an appeal can be filed in the high court against an order of acquittal passed by court of session in revision clause 32-there was a doubt on the question whether the period of imprisonment referred tb in section 428 will apply to imprisonment in rlefault of payment of fine section 428 is being amended to clarify that it will not apply to the imprisonment in default of payment of fine clause 33-section 432 contains provision relating to powers oifthe appropriate government to suspend or remit sentences the joint committee on the indian penal code (amendment) bill, 1972, had suggested the insertion of a proviso to section 57 of the indian panel code to the effect that a person whoi has been sentenced to death and whose death sentence has been commuted into that of life imprisonment and persons who have been se'ntenced to life imprisonment for a capital offence should undergo actual imprisonment of 14 years in jail since this particular matter relates more appropriately to the criminal procedure code, a new section ie; being inserted to cover the proviso inserted by the joint committ:---- clause 34-in the new code, there is no provision for computing the period of limitation in re~ation to offences which can be tried together section 468 is being amended to provide that for the purpoise of computing the period of limitation in relation to offences which may be tried tn[!ether tne offence for which the more severe punishment or, as the case ma~ be, the most severe punishment can be imposed shall be taken into account  clause 35-sectioo 478 provides for the procedure for the alteration of functions allocated to judicial magistrates to executive magistrates or vice 't1ersa in certain cases the procedure provides that if the state legislature by a resolution so requires, the state government may in concmltation with the h1~h court, by notiflcation, give effect to +l,p alteration: of functions allocated to judicial magistrate to executive magistrates the seoction is being amended to substitute "state assembly" for "state legislature" and to make 'some drafting improvements claflse 36-(a) forms nos 34, 41 and 42 are being amended to clarify that they can be used in connection with other relevant sections of the code (b) a new form no 44a, which can be used under section 424, is being inserted (c) a set of forms nos 47 to 56, which can be issued under section 446, is being inserted clauses 8 and 9 of the bill provide for the appointment of public pi secutor and a:dditional publk: prosecutors for the high court, public prosecutors for the district or local area, special public prosecutor for the purposes of any case or class of cases and assistant public prosecutors for the courts of magistrates by the central government these are enabling provisions and the power given is meant to be exercsed only when occasion demands the appointment of assistant public prosecutors by the central government will generally be made from among departmental officers provision for expenditure tluit may have to be incurred wila be made in the appropriate budget as and when the occasion arises it is, therefore, not possible to give an estimate of the actual expenditure (whether or recurring or nonrecurring) in this behalf at this stage  annexure extracts from the codem' criminal procedure, 1973(2 of 1974) - - - - - defini tions 2 in this code, unless the colltext otherwise requires,-- - - - (j) "local jurisdiction", in relation to a court or magistrate, means the local area within which the court or magistrate may exercise all or any of its or his powers under this code; - ii - - - courts of judicial magistrates  11 (1) in every district (not being a metropolitan area), there ah4l1 be established as many courts of judicial magistrates of the fiut class and of the second class, and at such places, as the state government may, after consultation with the high court, by notification, specify -   - - special judicial magistrates 13 (1) the high court may, if requested by the central or state gov ernment so to do, confer upon any pelson who holds or has held any post under the government, au or any of the powers conferred or conferrable by or under this code on a judicial magistrate of the second class, in respect to particular cases or to particular classes of cases or to cases generally, in any district, not being a metropolitan area: provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal a1fairs as the high court may, by rules, specify  - -  -  local jurisdiction of judicial magistrates  14 (1) subject to the control of the high court, the chief judicial magistrate may, from time to time, define the local limits of the areas within which the magi!rtrates appointed under section 11 or under section 13 may exereise all or any of the ·powers with which they may respec" tively be invested under this code -  - - special metropoiltbn malistrates 18 (1) the high court may, if requested by the central or state government 80 to do, confer upon any person who holds or has held any post under the government, all or any of the powers conferred or conferrable by or under this code on a metropolitan magistrate, in respect to particular cases or to particular classes of cases or to cases generally, in any metropolitan area within its local jurjsdiction: provided that no such power shall be conferred on a persori uniess he -possesses such qualification or experience in relation to legal affairs aa the high court may, by rules, specify '" '" '" '" '" (3) notwithstanding anything contained elsewhere in this code, a special metropolitan magistrate shall not impose a sentence which a judicial magistrate of the second class is not competent to impose outside the metropolitan area executive maliatrates zoo (1) '" '" '" - '" (2) the state govemment may appoint any executive magistrate tu be an additional district magistrate, and such magistrate shall have all or any of the powers of a district magistrate under this code or under any other law for the time being in lorce '" '" '" '" '" public prosecutors n (1) for every high court, the central government or the state government shall, after consultation with the high court, appoint a publlc prosecutor for conducting, in such court, any prosecution, appeal or other proceeding on behalf of 1he central or state government, as the case may be (2) for every district the state government shall appoint a public prosecutor and may also appoint one or more additional public prosecutors for the district (3) the district ma·gistrate shall, in consultation with the sessions judge, prepare a panel of names of persons who are, in his opinion, fit to be appointed as the public prosecutor or additional public prosecutor for the district (4) no person shall be appojnted by the state government as the public prosecutor or additional public prosecutor for the district unless his name appears on the panel of names prepared by the district magis trate under sub-section (3) (5) a person shall only be eligible to be appointed as a public prosecutor or an additional public prosecutor under sub-section (1) or subsection (2), if he has been in practice as an advocate for not less than seven years (6) the central government or the state government may appoint for the purposes of any case or class of cases, an advocate who has been in practice for not less than ten years, as a special public prosecutor security for keepin8 the peace in other cases '" '" '" '" '" 107 (1) when an executive magistrate receives information that any per&on is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, lequire such person to show cause why he should not be ordered to execute a bond, for keeping the peace for such period not exceeding one year, as the magistrate thinks fit  - - - - - power to l'eleue person itnprisoned tor failinc to ,ive :security 1%3 (1) whenever the chief judicial magistrate is of opinion that any person imprisoned for failing to give security under this chapter may be released without hazard to the community or to any other person, he may order such person to be discharged (2) whenever any person has been imprisoned for failing to give security under this chapter, the high court or court of session, or, where the order was made by any other court, the chief judie'ial magistrate may make an order reducing the amount of the security or the number of sureties or the time for which security haa been required       (5) if any condition upon which any person has been discharged is; in the opinion of the chief judicial magistrate by whom the order of discharge was made or of his successorj not fulftl1ed, he may cancel the lame (6) when a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police offtcer without warrant, and shall thereupon be produced before the chief judicial magistrate (1) unle<;s such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except tor such conditional discharge, ~ would have been entitled to release), the chief judicial magistrate may remand such person to prison to undf"rqo such unexpired portion  -   - - (lj) -thl" hil!h' court or court of session ma~ lit any time for suft\cient reasons to be recorded in writing cancel an~ bond for keeping the peace or for~ood hehaviour executed under this chapter by anv order made by it and the chief judicial magistrate may make such cancellation where such bnnd was executed under his order or under the order of any other court in his district - - - - - 187 (1) - - -  - (2) the ma~trate to whom an accused penon is fot'w'ardeci undet' this flection may, whether he hall or har not jurisdiction to tr~ the case from time to time authoric;e the detention of the accused in such custody as- such ma~istrate thinks flt, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial and considf"rs further detention unnecessary he may order the accuseti to be forwarded to a majristrate having such jurisdiction: procedure when invert!-iuon cannot be completed in twentyfoul' hour  provided that-(a) the magistrate may authorise detention of the accused ~son otherwi~ than in mt!stodv of the police ~vond the period of ftfteen davs if he is satisfied that adequate grounds t'xist for doing so but no magistrate shall authorise the detention of the accu!led person in custody under this section for a total period ex{'eeding sixty days and on the expiry of the said period of sixty days the accused person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this oftenees c:ommitted by letters, etc aection shall be deemed to be 10 released under the provisions of chapter xxxiii for the purposes of that chapter; (b) no magistrate shall auth~rise detention in any custody und this section unless the accused is produced before him; - - - - - b%picmation-it any question ansa whether an accused penon wu produced before the magistrate as required under paragraph (b), the production of the accused person may be proved by his -signature on the order authorising detention - - - - liz (1)'"    (2) any offence punishable under section 494 or section 4~ of the indian penal code may be inquired into or fried by a court within whose 4& of 1180 local jurisdiction the oftence was eommi11ted or the offender last re!&ided with his or her spouse ~ the first marriage      1" (1) - - - - - 45 of latto (2) no court shall take cognizance of the oft'ence of any crimiaa! conspiracy punishable under section 120b of the indian penal code, other than a criminal conspiracy to commit a cognizable offence punishable with death, impriaonment for life or rigorous imprisonment for a term of two years or upwards, unless the state government or the district magistrate has consented in writing to the initiation of the proceedings: provi1ed that where the criminal conspiraq is one to which the provisions of section 195 apply, no such consent shall be necessary - - - -  proeecution for offence qainlt thesta\e and for criminal conspiracy to eommit such oftence 45 of 1860 prollaeutionfor offences ,aidat marria •• 41 of 1880 iii (1) no court shall take cognizance of an offence punishable under chapter xx of the indian penal code except upon a complaint made by some person aggrieved by the offence: provided that-- - - - - (c) where the person aggrieved by an oifenee punishable under section 494 of the indian penal code is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or- mother' brother or sister - - - - - z09 when in a case instituted on a police report or otherwise, the aceu!!ed ap'pears or is brought before the magistrate and it appears to the magistrate that the otrence is triable exclusively by the court of session, he shall-(a) commit the case to the court of session; - - - - - - commit-diento1 cue to court ot seaion when offence il triable exelusively by it record m tr1&l before court of selltcm 278 (1)·  - - - (i) such evidm~ hall ordjjw'ily be take down in the 'term ef ,qu-tion and answer; but the presiding judge may, in his di8eretion, take down or cause to ~ taken down, the whole or any part of such evidence in the term of a na1t8tive - - - - t in every case where evidence is taken down wlder section 276 or section 276,-- laneu- ale of record of evidence     (s) if the witneas gives evidence in the laneuage of the court it shall be taken down m that language;  293 (1)   -  - (4) this section applies to the- following government scienti1\c experts, namely:-•• 1  __     reports of certain government scientiflc experts (e) the director of a central forensic science laboratory or a state forensic science laboratory;       (1) affidavits tp be used before any court under this code may be aworn or affinned before-(a) any judge or magistrate, 01' -  -  authorimes before whom affidavits may be sworn record of e\ridence in absence of accused 289 (1) if it is proved that an accwied person bas absconded, and twt there is no immediate prospect of arresting him, the court compe-tent to try such person for the offence complained of may, in bib absence, examine the witnesses (if any) produced on behau of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on tbe in'iwl'y into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable    -  - ~ (1)                                                                            power to postpone or ad· journ proceed-ints     (2) if the court, after taking cognizance of an oifenee, or commence-ment of trial, finds it necessary or advisable to postpone the commence-ment of or adjourn, any inquiry or trial, it may from time to time, for reasons to be recorded, postpone or adjourn the same on auch terms u it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused i~ in cus~dy:   provided that no magistrate shall remand an accu8ed period to custody under this section for a term exceeding fifteen days at a time:   provided further that when witnesses are in attendance, no adjourn-ment or' postponement shall be granted, without examining them, except for special reasons to be recorded in writing    explafi4tion i-if sufticient evidence haa been obtained to ra1le a suspicion th-at the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand                                                                                                                           explanation 2-the terms 011 which an adjournment or postpone-ment may be granted include, in appropriate·ca  the payment of eoiti  by the ,rolewuan or the ac<:used             -                           -                                          -                                            -                                                        -                                                                      - (1) the offences pun:shable under the seetions oj the india» penal code specified in the first two columns of the table next follow- 5 of lho inl may be compounf;lecl by the persons mentioluld in the third column of that table:-person by whom offence dlay be compounded section of the indian penal code applicable 3 - - 1 - - - 500 - the person defamed - - defamation - - 323 if, in any inquiry into an offence or a trial bfiore a magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the court of session, he shall commit it to that court under the provisions hereinbef<lre contained - - - - - 32jg (1) whenever any magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another magistrate who has and who exercises such jurisdiction, the magistrate so succeeding may act on the eviderce so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: procedure when, after cgmmeneement of inquiry or trial, malistra\e flnga cue mould b~ commit-~ conviction or commitment on evidenee partl7 recorded by one malistrat-and partly bj another provided that if the succeeding magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged (2) when a case is transferred under the provisions of this code from one malistrate to another magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be suc'ceeded by the latter, within the meanine of suh-iection (l)  - - - - - 37'-(1) - - - - - appeals from conviction • (2) any person convicted on a trial held by a sessions judge or an additional sessions 1 udge or on a trial held by any other court· in wbm· - jentence o~ imprisonment for more than liieven years has been  , may appeal to the hi&h court  •• - - - - 7 (1) - - - - - appeai by the state govern· ment a,ainst sentence :l~ of 1"', (2) if such conviction is in a case in which the offence has been investigated by the delhi special police establishment, constituted under the 1i>elhi special police establiahment act, 1946, or by any other agency empowered 'to make investigation into an offence under any central act other than this code, the central government may direct the public prohcutor 'to present an appeal to the high court ll8aitwt the' imtence on the ground of its inadequacy - - - - - | appeal     | in    ||------------|-------|| case       | of    || acquittal |       |378 (1) save as otherwise provided in sud-section (2) and subject to the provisions of sub·sections (3) and (5), the state government may, in any case, direct the public prosecutor to' present an appeal to the high court from an oripnal or appellate order of acquittal paned by any court other than a high court  - - - - - t2s where an accused person hall; em c,,"v1dion, been sentenced to imprisonment for a term, the period o'f d~tion, if any, underjofte by him during the investigation, inquiry or ttial of the' same case and ~ the date of such coflvic tion , shall be set off against th~ term of irnprisol'l-ment imposed on him on such convic'tion, and the liability of such person to undereo imprisonment on such conviction shall be restricted' to the lemainder, if any, o! the tenn of imprisonment im~d on him  - - - | period    ||-----------|| deten-    || tion      || under·    || gone      || by        || tile      || accused   || to        || be        || ~         || oir       || acaint   || the       || entence  || of        || im·       || prison-   || ment     |471 if the state legislature by a resolution so requires, the state powft' to government may, after consultation with the high court, by nouftca- ::= tion, direct tha~ tiona (4) mennct!'s in sections 108, 109 and 110 to a judicial magi9-trate of the first class shall be construed as references to an execu· tive magistrate; alloeated to judi· cial and executive map trateaid certain caaea (b) refer~ea in sections 1 ~ and if7 to an, ehoutive mealbtrate shall be construed as referenees to a ju~l nagiavate of tbe ftret 01188 - - - - - 1-, --"                                    "                                          ,                                               l -                                                  -                                                                                                    - - form no 34                        -  wajuunt of f;cjmmitm2nt,on a f\entencf of i),uir1soluoun'r or nne tvailsiid by" magistratk;- !  (s~~sections 2+8 and 255)to the officer in charge of the j ail at whn:reas on the day of , ("arne oj prillouer) , the (lst, 2nd, 3rd, as the cas(' may be) prisoner in case no of the calendar for 19 , w~, convicted before me (nc:nne and ojliciald,sig-'l14tj~) of the offence of (mention the offmce ,ot offencts concinty) wlder section (or sections) of the india penal code (or of aot ), and ~as sentenced, to (state the p1tnisltment fully and di&~inctzy); this i,s to authorise and require you to ,receive the said (prisoner', name) intq your custody in the said jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law dated, this day of , ly (seal of the court) (signature) -  - • - form no 41 warrant after a commutation of a sentenc! ", (s~~ section' 386)to the officei' in charge of the jail at \vjmws aia session held on the' -' day of , 19 _ ' , (name of' pri$oner), the (lst,; 2nd,' 3rd, tie the care m4y be) prisoner in cue no of 'the calendar for 19 at the said session, was convicted of the offence of , punishable under section of the indian penal code, and sentenced to , and was thereupon committed 'to your custody; and whereas by the order of the court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; this is to authorise and require you safely to keep the said (priton~r'b nome) in your custody in the said jail, as by law is required, until he hall be delivered over by you to the proper authority and custody for ,the purpoae of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, ray, after the words ucuatody in the said jall", "and there to carry into execution the punishment of imprisonment under 'the said order according to law" dated, this day of , 19 (sal of the court) (signature)  form no 42 warra'lft of executlon of a sentence of death (sec section 414)to the officer in charge of the jail at whereas (name of prisoner) the (lst, 2nd, 3rd, as the case may be) prisoner in case no of the cajendar for 19 at the session held 'before me on the day of ,19 has been by a waltant of the court, dated the day of , committed to your custody under sentence ot death; and whereas the order of the high court at conftnning the said sentence has been received by this court; this is to authorise and requil'e you t() carry the said sentence into execution i?y causing ,the said to be hanged by the neck until he be dead, at (time and pl4ce of execution), 'and 'to return ma, "warrant to the court with an endorsement certifying that the sentence has been executed , 19 day of dated, this (signature) (seed of the court) a bill furttmr to amend t1le cgcie of crimil1qi proeedwre, 1973 (shrf s d potu, minilter of state in the miftiltptl of home afftlin) 