Amendment of Act 45 of 1860

Section 44 of the Code of Criminal Procedure (Amendment) Act, 2005 deals with amendment of Act 45 of 1860. In the Indian Penal Code,- (a) after section 153A, the following section shall be inserted, namely :- '153AA.

In the Indian Penal Code,- (a) after section 153A, the following section shall be inserted, namely :- '153AA. Punishment for knowingly carrying arms in any procession or organizing, or holding or taking part in any mass drill or mass training with arms .- Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees.

Explanation .- "Arms" means articles of any description designed or adapted as weapons for offence or defence and includes fire arms, sharp edged weapons, lathis, dandas and sticks.';

(b) after section 174, the following section shall be inserted, namely :- "174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974 .- Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.";

(c) after section 229, the following section shall be inserted, namely :- de "229A. Failure by person released on bail or bond to appear in Court .- Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation .- The punishment under this section is- (a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and (b) without prejudice to the power of the Court to order forfeiture of the bond.". T. K. VISWANATHAN, Secy. to the Govt. of India.

Section 44, The Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005).