# The Code of Criminal Procedure (Manipur Second Amendment) Act, 1984, Section 4

- Act: The Code of Criminal Procedure (Manipur Second Amendment) Act, 1984 (Act 3 of 1985)
- Source URL: https://indiacode.ecourtsindia.com/code-criminal-procedure-manipur-second-amendment-act-1984/section/4/

## Text

(I) Notwithstanding anything contained in the Code, a Specified Executive Magistrate shall, to the exclusion of any other Magistrate, have power- 37 of 1967. (o) to authorise detention of any person accused of any of the - following offences being an offence forming part or arising. out of or connected with, any violence by member of an association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, namely- (i) offences under the Indian Penal Code or any other law for the time being in force punishable with imprisonment for a term not exceeding two years or with fine or with both; (ii) offences punishable under |Chapter VIII (Offences against the public tranquillity) and Chapter X (Contempts of the lawful authority or public servants) of the Indian Penal Code ; (b) to take cognizance of, and try and dispose of cases relating to any of, the said offences. (2) For the purposes of this section, the Code shall, notwith- subject to the amend- nding anything contained therein, have effect ants and modifications specified in the Schedule to this Act and such her modifications as may be necessary. (3) Nothing in this section shall apply to cases relating to offences en cognizance of under the Code before the commencement of is Act. . THE SCHEDULE [See Section 4(2)] Code Amendments and modifications to the Code of Criminal Procedure, 73. 1. In section 29 of the Code, after sub-section (2), the following b-section shall be added, namely, - "(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.". 2. In section 167 of the Code, after sub-section (6), the following b-section shall be added, namely,- "(7) A Specified Executive Magistrate shall, to the exclusion of any other. Magistrate, have power to authorise detention under this section of any person accused of any offences specified in clause (a) . of sub-section (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act, 1984 and as respects those offences,- (i) the reference in the foregoing sub-sections to a Magistrate er . Judicial . Magistrate " shall be construed as reference to a Specified Executive Magistrate; (ii) paragraph. (c) of the proviso to sub-section (2) shall be deemed to have been omitted; (iii) sub-section (2A) shall be deemed to have been omitted; (iv) the words "other than the Chief Judicial Magistrate" in sub-section 4, shall be deemed to have been omitted and for the words "to the Chief Judicial Magistrate" in that sub-section, the words "to the Sessions Judge" "shall be deemed to have : been substituted.". 3. In section 190 of the Code, after sub-section (2), the following gub-section shall be added, namely,- "(3) Any Specifiell Executive Magistrate may, to the exclusion. of any other Magistrate, take cognizance, under sub-section (1), of any .. offence specified in clause (a) of sub-section (1) of section 4 of the? Code of Criminal Procedure (Manipur Second Amendment) Act, 1984, and the reference in sub-section (1) of this section to a Magistrate of the first class shall, in relation to such offience, be construed as reference to a Specified Executive .Magistrate.". -

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