" bill no, 202 of 11nlo the code of criminal procedure (amendment) bill, 1180, a  billfurther to am,end the code of criminal procedure, 1973 be it enacted by parliament in the thirty-first year of the republic  'of india as follows:-1 (1) this act may be called the code of criminal procedure short (amendment) act, 1980 title and commence·  s (2) it shall be deemed to have come into force oft the 23rd day of ment  september, 1980 2 tat 1'1' 2 in sections 108, 109 and 110 of the code of criminal procedure, 1973 (hereinafter referred to as the qrincipal act), for: the words " judicial ,~agisirate of the first class", the words "an executive magistrate" shall amendment of eetiodl 108, log and 110 i 0 b~ ~l:i:l?stituted 3 in section 196 of the principal act,-amend· ment of section 198,  (4) in sub-section· (i), in clause (a), for the wor~, figures and letters '~seetion 153b, section 295a or section 506", the words, figures, letter and braekets "section 295a or sub-section (1) of 'section 505" shall be substituted; (b) after sub-section (1) j the following sub-section sball be iuerted, namely:-"(1a) no court shall take cognizance of-(0) any offence punisbable under section 153b or subsection (2) or sub-section (3) of section 505 of the indian s penal code, or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate"; (c) in sub-sectiofl (3), for the words, brackets and figure "under 10 sub-section (1) ", the words, brackets, figures and letters "under foubsection (1) or sub-section (ia) and the district magistrate may, before according sanction under sub-section (1a)" shall be substituted 4 in section 436 of the principal act, in sub-section (1), in tbe ~econd is proviso, after the word and figurps "section 116", the words, figures and letter "or section 446a" shall be inserted 438 5 in section 437 of the principal act,-(a) for sub-section (1), the following sub-section shall be substituted, namely: -slo 411 "(1) when any person accused of, or r--<1spected of, the commission of any non-bailable offence is arreste'd or detained without warrant by an officer in charge of :1 police station or 8ppeare or is brought before:: a court other than the high court or court gf session, he may be released on bail, but-2s (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a eognizable offence and he had been previoualy comijcted 30 of an offence punishable with death, imprim!lmenttor life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a nonbailable and cognizable offence: provided that the court may direct that a pei'8oil referredto in clause (i) or clause (ii) be released on baillf web pen'on 35 is under the age of sixteen years or is a woman or is sick or inftrftl: provided further that the court may also direct thit,a,~i'''on referred to in clause (it) be released on ban if it is' li8tlibe4"'diat it is just and proper so to do for any other specia'f reaiioh:· ~ 4" provided also that ute idere fact that bl'lliccused"paho1l may be required for being identified by witnesses during investlga--'tiolt'· shall not be suft\~ent· ground fbr' refuiut :to 'grant bail if h-e'!s ether~elent~ed·td~ relefiam on'bail,8'btf"wiv~idi/tmder uldttg'that'be shall eomply·'\vittfim'h dfrfi'leftrti as'lnllf'tlf given 4' by the court  ': ' j(4)~~ ~ijc?n(~)1l ror the wor~ "tbeacc~~ ~dinil ~fij¥luir,y,be,~eued on bail", the words, figw:es and letter "the ~~d~ aub~,to,~ prqvisions of ~tion ~ and pendidg ~~h il:liuiry, ber,leaiedoll bail" ~ be substituted; (c) in sub-section (4), for the word "reasons", the words "reasons or slpecial reasons" shall be substituted  • in section 446 of the qrincipal act, to sub-section (2), the following proviso shall be added, namely:-amend;' ment ot section 446 10 "provided that where such penalty is not paid and cannot be reeovered in the manner aforesaid, the person 80 bound as surety shall be liable, by order of the court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months" 7 after section 446 of the principal act, the following section shall be inser-i s inserted, namely: -tion of new sec-"446a without prejudice to the provisions of section 446, where a bond under this code is for appearance of a i?erson in a case and it is forfeited for breach of a condition-tion mea cancella_ tion of bond and bailbond !;ill (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no suc'h person shall be released only on his own bond in that case, if the police officer or the court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no &ufficient cause for the failure of the person bo'lmd by the bond to comply with its condition 30 provided that subject to any other provision of this code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the court, as the case may be, thinks sufbcient" 35 8 for section 478 of the principal act, the following section shall be subatisubstituted, namely: -tution of new ac-tion tor section 478 "478 if the legislative assembly of a state by a resolution gci permits, the state government may, after consultation with the high court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an executive magistrate shall be construed as references to a judicial magistrate of the first class" power to alter functions allocated to executive malistrate in certain cases t all proceedings under sections 108, loi and 110 of 'the principal act, pending before any judicial magistrate of the first class immediately before the commencement of this act shall, notwithstandinganythin, contained in this act, be dealt with as if this act had not been enacted pendin, proceedinp under sections 108 109 and 110 10 (1) the code of criminal procedure (amendment) ordinance , 1980 is hereby repealed repeal and savini· (2) notwithstanding such repeal, anything done or any action taken under the ordinanc€' so l'f'tlpaled rhall ba deemed to have been done or taken under the corresponriin(! nrovic;ionc; i)f this act  statement of objects and reasonswith a view to enabung the law enforcement agencies to deal dectively with anti-social elements, habitual crimina1a and those creatinr enmity between difterent groups and communities, the president promulgated on 23rd september, 1980 the code of criminal procedure (amendment) ordinance, 1980 the ordinance, inter alia, sought to:-(i) amend the provisions regarding bail so as to make it more di1!lcu1t for habitual cl1imjnals committing serious o!encea to obtain ban; (ii) provide for civil imprisonment of surety for failure of the accused to appear in the court so· as to curb the practice of giving  bail by professional sureties; (iii) confer on the district magiatratea also qower to accord sanction for prosecution under 'section ls3b and su1hecttods (z) and (3) of section 505 of the indian penal code; (i~) vest the power to take security proceedings under sections 108, 108 and 110 of the code in exeeutive magistrates: and (v) provide for transfer of the power to take security proceedings under the aforementioned sections 108, 109 and 110 of the code to judicial magistrates 2 the bill seeks to replace the aforesaid ordinance new dilhi; p venkatasubbaiah the 25th november, 1980  -~ " , ~: ",  :  ,  " '  ,  , " - ,:~ -  ,(l) ~iwaa: ~ic::~ :maptr" i o~·;~,;~{:lw ~rewvm ,  ma~on tha~there is withid,hia,looal juriijon ~)':~o~, -who,juu or without such jurisdiction,-ti6na\\te~~;~~~{!s o:r·~t,::~g t:f~~~:~:r ,;~;::~: semination of,-forlood behaviour from d1ueminatinl leditlous matters (a):'imy ma~ter the publication of,w~chis,j)~~¥b~e ~der section 124a or section 153a or section 153'b er ,s~tion2i;a of the indian penal code, or 45 01"10 '(b) any tnatter c&dcemmg a judge aetingor plu'porting to act in the discharge of his offietal dutieswhteh, amounts to· criminal intimidation or defamation under ·,the indian 'perla1 code, 45 of 1880 (ii)makea, ~roduces, publishes or keepa' fer sale, imports, exports, conv~ sells, lets to·~'hire, distributes, ,publicly, exhibitikor in any other manner 'puts into circulation any obscene matter such as is referred to 'in section 29'2 of the indian penal code, 45 of 1880 and the magistrate is of opin!on that there is • ~ ~ fof; ;proceeding, the magistrate may, in the manner hereinafter provided, require such person to~?if aa~;wby he "uw:~~tbo ~~di~~ •• bond, with or without sureties, for his good behaviour for such c>eriod, not exceeding one year, as the magistrate thinks fit (2) no proeeedings shall be taken under thiao section aptnst' the editor, proprietor, prjnter or publisher of aay; put~ 1'eiiitend under, and edited, printed and ~ublished inconformity with, the rules laid down in the press and registration of boola act, 1867, with reference to any matter contained in such publication except by the order or under the authority of the state government or some ofilcer empowered by the state government in this behalf securitj' for load bebaviour trom 81up8cted pel'lodl 101 when a judicial magistrate of the ftnt class receives information that there is within his local jurisdiction a persen taking precautiodl to conceal his presence and that there is reason to believe that he ia doing so with a view to committing a cognizable offence, the magiltrate may, in the manner hereinafter "rovided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, ndt ~lc one year, as the magistrate thinks ftt 110 when a judicial magistrate of the ftrat cja, receivei·idformatidd that there is within his loeal jurisdiction a pe1'iioi1 who-(a) is by habit a robber, house-breaker, thief, or forger, or (b) is by habit a receiver of $~len property knowing the same tg have hen stolen, or ,~ a"!'~ fti~1dy 'p~ at i~rbdt1rs 'thieves, or a~di,i~ tl\e c~m-l~ ,or ~l tw floierl prmi!rty" of ~ l " , '' , ,   " ':!, ,' <~) habi~u:y to~mj,ts, ,or' ~tte1np~ ;~n~~mit~:; ~~ls, the 45 of 1880 ~omjlussl?n ~t, the ~ence of kidnapp'ing, ,ab~uctiont" e:1ttpr~qn, cheat-ing or rruschlef, or, any offence "punishable };lnder chap~r xii of the indian penal c~de or un'der section 489a, se<'tion ~89b, a~tion ');' 489c or ~ectt~n' 91')" bf that code; or' ' , ' "! r t:,",  - ~,! ,  , (~,habituan)' ~l$, of attempts· t» rcqplmit,or,' ,abet ~e , , eommiuipn '91, oifedou) ,iavol\lirg a brtacth$f fbe  ce;:l0j' " (1~:;habttual1y eomrhits, or attempts' to commit" or abets' 'the c()ritm~~f':":" ' ~, " ,', ," '" ,',,', n~: ~y offence under one or m~~e, ot ,th:~ ~~~?w~~~  , a~'ts, 23 of im1 , fl· ': ,,: r ':: • _ , " (a) the drugs and cosmetics act, 1940; (b) the for~ign exchange regulation alit, ,197~;\ tel of 1''13 18 of 18&2 (c) the employees' provident, funds and family pension fund act, 1952; 3'7 of 19m (d) the prewntion of food adulteration act, 195'4; , (e) the esiential commocnti~ act, i955; 10 of 1955 22 of 1955 52 of 1982 45 of 1880 prciii"'" tiars ", ~" ::'i!te __ for criminal codspi_ racy to  such '1'   (f) the untduchability'-ybffenees) , act, '19s5; 1"'1 ' (g) the customs act, 1962; or  , , )1 ' ~ (ii) any offencepunishableupder any other' law' proridibg for the prevention of hoerdingqi"'proflteering or of adultetiiltion of food or drugs or of corrutptillln, or ' i (g) so 'desperate and dangerous'as to render ms b&lmgut, large without security hazardous to the community, such magistrate'lilay, in the' manner hereinafter provided; ~quire such person to show cause"wh, he shouldlhot be orderedtt7 exetut'!'8 '}j(snd, with sureties, for his good behaviour for such period, ft6l"e>~e'_' three yean, as the magistrate thinks fit -   - 116 (1) no cow1 shall take cognizance of-(4) any offence punishable umlerchap_ vl''ot''under ~n 153a, section 153b, section 295a or _uori s05-' 'ot the i'nafanperiai code, ()r ; - - - - - (3) the central government or the state government may, before aecording sanction under sub-section (1) and the state government or the ~ict magil~ate may, bef<)ft giving consent, undersu1hettioft (2), orw a pr~inary in:vesuga~on' by a, ~oliee q,t&,ep: not bein, below_he rank of inspector, in which case such police officer shall have·tii!e pewers ~ferred tq: in sub-section (3) !1fsection 155  ,\' ' ,'  "" as: (1) when any person other than a person aeeused of·'b noll-bailable offenc~ ,is ~,~~~~~<l, or dj!tai~d witpoj:1t warra~t~ ap, offtcer in (!1t'l~~ of a' ,pojfc'~i; btat~on,  or l'{jpears c?r , i,~ "qro~gm j:¥!fore ,a c~tu,'t, and l~'p~~rela(afty""'time whoe in the custody of such offtcer ~,'~t any stage of the proceeding before such court to give bail, such  person shall be -teased on ball: whed baumay betaken in eue of non-bailable offence provided, that such oftlcer or court, if be 4rit tbinka fu, ~y, instead of taking ball from such person, dilcharge him on, ht, 8xecu~ a, bond without sureties for his ap')e8l'ance as hereinafter provided:  provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 118, - - - - - • (1) when any pel'llon aeeused of or sulpected of the eommillloll of any non-bailable offence is arrested or detained without warrant by an offtcer-in-charge of a pollee station or appears or is brought before a court other than the high court or court' of s_on, he may be releued on bail, but he shall not be so released if there a&>pear reasonable grounds for believing that he has been guilty of an offence puniaha:ble with death or imprisonment for lite: provided that the court may direct that any person udder the age of sixteen years or any woljuln or any sick or infirm, person aceused· of such an offence be released on bail: provided further that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be suft\cient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the court procedure wheft bond hubeen forfated  (2) if it awears to such ofiicer or court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufticient grounds for further inquiry into his guilt, the aecused shall, pending such inquiry, be releued on bail, or, at the discretion of such offieer or court, on the execution by him of a bond without sureties for his appearance as here~nafter provided - - - - - (4) an officer or a court releasing any penon on ban under  subsection (1) or sub-eection (2), shall record in writing his or its reasons for 10 doing - 448 (1)- - - •• - • - - - - (2) if suftldent cause is not shown and the penalty is not ~ald, the  court may proceed to recover the same as if such' penalty were a fine imposed by ttunder this code - - - - - 478 if the state legislature by a resolution so requires, the state government may, after consultation with the high' court, by notification, direct that-,  power to alter tunetione allocated to judiclaland becutlve macil tratesin : certain cua,' ," (4) references in sections 108, 109 and 110 t~ a j~alcial m~gis­trate cif the ftrst class shall be  construed as refereri~ 'to an _ execu- tive magistrate;  ,  '   '  - '  \,' (b) ref~~~ in sections 145 and 147 to an 1t~ecutivej4agiatrate shall be ~onstrued as reterences to a jucuclalm!lptrat4jof ~e ftrst 'e1ai8 '  ' '  , - - - - -  ,  a billfurther to amend the code of criminal procedure, 1973 (shri p venkatasubbaiah, minister of state in the ministty of home affa/jt8 and depa,·tment of parttamentat1j affairs) 