The Code of Criminal Procedure (Chhattisgarh Amnedment) Act, 2005
Preamble
F. No. 2235/D-76/21-A/Drafting/C.G./06 .- In.exercise of the powers conferred by sub-section (iii) of Section 1 of the Code of Criminal Procedure (Chhattisgarh Amendment) Act, 2005 (No. 13'of'2006) the State Govern- . ment hereby appoint the 13th March, 2006 as the date on which the said Act shall come into force. 166 (1) CHHATTISGARH ACT (No. 13 of 2006) iaCode THE CODE OF CRIMINAL PROCEDURE (CHHATTISGARH AMENDMENT) ACT, 2005 An Act further to amend the Code of Criminal Procedure, 1973 (No. 2 of 1974) and its application to the State of Chhattisgarh. Be it enacted by the Chhattisgarh legislature in the fifty sixth year of the Republic of India as follows :- (i) This Act may be called the Code of Criminal Procedure, (Chhattisgarh Amend- ment) Act, 2005. ,(ii) It extends to the whole State of Chhattisgarh. (iii) . It shall come into force on such date as the State Government may by notifica- tion appoint. .2. .. The Code of Criminal Procedure, 1973 (No. 2 of 1974) (hereinafter referred to as the Principal Act), shall in its application to the State of Chhattisgarh be amended in the manner hereinafter provided.
The Act
The numbering on the scan does not hold together, so the text is shown whole rather than split into sections. Splitting it wrongly would file one section's words under another's number.
F. No. 2235/D-76/21-A/Drafting/C.G./06 .- In.exercise of the powers conferred by sub-section (iii) of Section 1 of the Code of Criminal Procedure (Chhattisgarh Amendment) Act, 2005 (No. 13'of'2006) the State Govern- . ment hereby appoint the 13th March, 2006 as the date on which the said Act shall come into force. 166 (1) CHHATTISGARH ACT (No. 13 of 2006) iaCode THE CODE OF CRIMINAL PROCEDURE (CHHATTISGARH AMENDMENT) ACT, 2005 An Act further to amend the Code of Criminal Procedure, 1973 (No. 2 of 1974) and its application to the State of Chhattisgarh. Be it enacted by the Chhattisgarh legislature in the fifty sixth year of the Republic of India as follows :- (i) This Act may be called the Code of Criminal Procedure, (Chhattisgarh Amendment) Act, 2005. ,(ii) It extends to the whole State of Chhattisgarh.
(iii) . It shall come into force on such date as the State Government may by notification appoint. .2. .. The Code of Criminal Procedure, 1973 (No. 2 of 1974) (hereinafter referred to as the Principal Act), shall in its application to the State of Chhattisgarh be amended in the manner hereinafter provided. 3. (1) In clause (b) of sub-section (2) of section 167 of the Principal Act, for the words "any" the words "police" shall be substituted. (2) After clause (b) of sub-section (2) of section 167 of the Principal Act, the following new sub-clause (bb) shall be added, namely .:- “(bb) No magistrate shall authorise detention of the accused person other than in the custody of the police under this section unless the accused . is produced before him either in person or through the medium of.
electronic video linkage and represented by his pleader in the court." Short title, extend and Commencement. Amendment of Central Act (No. 2 of 1974) its application to the State of Chhattisgarh. Amendment of Section 167. 166 (2) (3) In explanation II. after words "was produced" the words "from police custody" shall be added. . (4) After explanation II, the following new explanation shall be added,- "III. If any question arises whether an accused person was produced from otherwise than in the custody of the police in person or (as the case may be) through medium of electronic video linkage before the 'Magistrate as required under paragraph (bb), the production of the accused person may be proved by his or his pleader's signature on the order authorising detention." Amendment of section 228.
4. In sub-section (2) of section 228 of the Principal Act, after the word "to the accused" the following shall be added, namely' :- "present in person or through the medium of electronic video linkage and being represented by his pleader in the court." Amendment of section 240. 5. In sub-section (2) of section 240 of the Principal Act, after the words "the accused" the following shall be added :- "Present either in person or through the 'medium of electronic video linkage in the " presence of his pleader in the court." en kan Een an Amendment of sec- / tion 251. 6. In section 251 of the Principal Act, after the words "brought before the Magistrate" the following words shall be added :- "Or appears through the medium of electronic video. linkage in the presence of his pleader in the Court."
Provenance. Read from the Government's own scanned gazette with Azure Document Intelligence, and shown whole: the section numbering on the scan does not hold together (fewer than 3 sections), and a wrong split would file one section's words under another section's number. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/db4c633c-32a3-4ce6-a4f3-c932a7f521f3.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/bbdc82be-e5d1-41c3-9581-5a08016725ca/content).
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 0 sections of this Act has its own page. This page is not a substitute for legal advice.