Amendment of section 437

Section 37 of the Code of Criminal Procedure (Amendment) Act, 2005 deals with amendment of section 437. In section 437 of the principal Act,- (i) in sub-section (1),- (a) in clause (ii), for the words "a non-bailable and cognizable offence", the words "a cognizable offence punishable with imprisonment for three years or more but not less than seven years" shall be substituted;

In section 437 of the principal Act,- (i) in sub-section (1),- (a) in clause (ii), for the words "a non-bailable and cognizable offence", the words "a cognizable offence punishable with imprisonment for three years or more but not less than seven years" shall be substituted;

(b) after the third proviso, the following proviso shall be inserted, namely :- "Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.";

(ii) in sub-section (3), for the portion beginning with the words "the Court may impose" and ending with the words "the interests of justice", the following shall be substituted, namely :- "the Court shall impose the conditions,- aCodice, the following shan (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary".

Section 37, The Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005).