Recent Amendments

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Recent Amendments in Criminal Law
-A Presentation By Sulkhan Singh IPS IGP Tech.
Services (U.P.) Police Week-2006 (23.11.06 to
27.11.06)
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Amendments - Came into Force

• The code of criminal Procedure (Amendment)
  Act,2005 (25 of 2005)
• Effective- 23.06.2006 (all except S.16, 25,
  28(a), 28(b), 38, 42(a), 42(b), 42(f) (iii) and
  (iv) and 44(a) )
• Criminal Law (Amendment) Act,2005 (2 of 2006)
• Effective- 16.04.2005 (All except S.4)
• 05.07.2006 (S.4 Plea bargaining)

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The Criminal Law (Amendment) Act-2005 (2 of 2006)

• Section 195A. added in the IPC
• 195-A. Threating any person to give false
  evidence.
• gt 7 Years or fine or both-
  CogNB
• If innocent convictedgt
• -Death, life imp.
• Or gt 7 yrs.

same punishment as such innocent person punished
with. CogNB
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Amending S.195 of Cr.P.C. Prosecution for
certain offences respecting Proceedings in the
court etc. - On the complainant in writing or by
such officer of the court as that court may
authorise in writing in his behalf or is
subordinate.
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PLEA BARGAINING

• New Chapter XXI A inserted in Cr.P.C.(vide
  S.4)
• S. 265- A to L (12 sections) added
• This comes into force w.e.f. July 5, 2006
• This chapter applies to
• Reports forwarded by officer i/c of P.S. u/s 173
• other than offence for which punishment of -
• ---Death or Imprisonment for life
• ---or imprisonment exceeding 7 years
• OR
• 2. Magistrate has taken cognizance on complaint
  and after examining complainant witnesses U/S
  200 has issued process u/s 204.

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Plea bargaining does not apply to
1- where the offence affects social
economic condition of the
country or 2- has been
committed against a woman or a child
below age of 14 years Central Govt. to
notify offences that affect socio
economic condition of the country.
or 3- If the accused is a juvenile under
Juvenile Justice (Care
and Protection of children) Act-
2000 (56 of 2000)
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Procedure

• 1. Accused may file for a plea bargain S. 205 B
  (1)
• 2. Application should be voluntary and well
  informed S 205 B (2)
• 3. Court shall issue process to PP or complainant
  and the accused to appear or fixed date (S.205 B
  (3))
• 4. Court shall examine accused in camera-
• and if satisfied that it is voluntary
• provide time to PP or complaint
  and accused for a mutually satisfactory
  dispositions
• MSD--may include compensation and other expenses
  
• --if found involuntary or he has
  been previously convicted of same offence-
  proceed with trial in normal way.

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Mutually Satisfactory Disposition
In a case on police report
notice to PP, Police Officer/ I.O., accused and
victim to participate in the meeting to work out
a mutually satisfactory disposition of the case
courts duty to ensure that process
is voluntary Accused or in a
complaint case- victim accused may participate
with his pleader. 265 D- Court to prepare report
of MSD signed by Presiding officer of court,
all who participated.
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265 E- When MSD worked out- 1- Court shall award
compensation to the victim and, 2- hear the
parties on the question of punishment, releasing
him on probation of good conduct or after
admonition. u/s 360, or deal under probation of
offenless ACT 1958 (20 of 1958), or any other law
for the time being in force. 3- If minimum
punishment has been provided, it may sentence the
accused -½ of such minimum punishment. If
not - ¼ of punish. provided for the offence
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265 F- Deliver Judgment in terms of s 265 E in
open court and sign it. 265 G- Judgment final -
no appeal- except under Article 136/226/ 227 of
Constitution of India. Amendment of sec. 154
of The Indian Evidence Act,1872- Sub- Sec. (2)
added- prosecution can rely on any part of the
evidence of a hostile witness.
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The Code of Criminal Procedure (Amendment) Act,
2005 (25 of 2005)
Inserting new S.25A- Creation of Directorate of
Prosecution. Amendi
ng S. 29 -Magistrate of first class fine upto
Rs.
10000 in place Rs. 5000 -Magistrate of II
class fine Rs.5000 in place of
Rs.1000 Amending S. 46- Arrest of a woman during
night. Inserting new S.50A- Obligation of person
making arrest
to informs about arrest etc. Amending S.53-
Examination of arrested person on
request of police. Inserting new S.53A- Examining
an accused of rape.
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Amending S.54- copy of report of Med. exam. on
request of arrested person to given to
arrested person Amending S.82- Sub section (4)
for 302,304,364,367,382,392, 393, 394
,395 ,396,397,398, 399,400,402, 436,
449,459 or 460 of IPC If he fails Pronounce
him a Proclaimed Offender New
offence created S.174A IPC-CogNB
Non appearing in response to a proclamation u/s
82 of crpc ---3 years or fine or both
---seven years and fine - if declared a
proclaimed offender gtboth cogNB
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Amending S.102- (3) Supurdagi
(4) Auction under orders of of SP
speedy and natural decay- Value lt Rs.
500/- Amending S.110- Foreigners Act included in
list of offences Inserting new S.144A- Carrying
arms in procession, Drill or
training with arms (not enforced
yet) New S.153AA IPC- violation of 144A6 months
and fined upto Rs. 2000/- Cog NB
(not notified yet) Inserting S.164 A-
Medical examination of victim of rape-
detailed - not without consent
of victim Amending S.176-In case of (a) Death or
disappearance from custody (b) Rape
in custody Judicial enquiry by
Judicial Magistrate concerned is a
must.
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Amending S.206-Plead guilty by sending fine- Max.
Rs. 1000 in place of Rs. 100 both
Magistrate of I II class Amending
S.260- for summary value of property-
--- from Rs. 200/- to Rs.
2000/- Amending S.291A- Identification report of
Magistrate-
evidence Inserting S.311A- Magistrate may
order giving of signature
or handwriting - force can be used Amending
S.356- Notifying addresses of previously
convicted offenders.
Amending S.377- Appeal against inadequacy of
sentence- to Session Court also- by State
Govt. Amending S.378- Appeal against acquittal
in cognizable NB case-
to Session Court also- and by DM
instead of State Govt.
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• Amending S.389- Public Prosecutor to be given
  opportunity
• in case of bail to convicted
  persons
• Amending S.436- Release on personal bond of
  persons
• arrested on other
  than non bail able offence
• and shall - if person is
  indigent
• Indigent- can not
  furnish bail for 7 days.
• Inserting 436 A- Maximum period for which an
  under trial
• can be detained- ½ max.
  punishment.
• provided shall be
  released on PB with or without sureties
  
• Court may order continued detention on
  application of PP
• Further Provided not to be detained for
  more than maximum sentence
• Delay caused by the accused excluded

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Amending Section 437- Bail in non- bailable to
cases gt7 years or more notice to PP
to be given- must gt7 years or more or
Chapt. VI, XVI, or XVII court shall impose
conditions- (i) Shall attend in
accordance with conditions of bond
(ii) Shall not commit a similar offence
(iii) Not to make inducement, threat or
promise (iv) Such other conditions in
the interest of justice
Bail Jumping- New Sec. 229-A added in The IPC
Punishment- 1 yr. or fine or both
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Amending S.438- Anticipatory bail (not enforced
yet) Factors to be considered by
the Court- (i) Nature and guilty of accusation
(ii) Antecedents previous imprisonment or
conviction (iii) Possibility to flee from
justice (iv) Whether accusation for
humiliating accused. Either Reject or Grant
interim anticipatory bail Provided- If no order
passed in application - pending such
application - police may arrest. Where interim
order- (1) Notice of 7 days to PP and
SP -Presence of accused at final hearing must if
on PP's application court consider it necessary
for interest of justice Inserting S.441A-
Declaration by sureties- How many persons
bailed
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New offences in The IPC- 1. S.153AA-
violation of 144A6 months and fined upto
2000 Cog NB (not notified yet) 2. Section
174A- Non appearing in response to a proclaimed
u/s 82 of crpc ---3 years or fine or both
---seven years and fine if declared a proclaimed
offender both cogNB 3. S229 A- failure
by person released on bail or bond to appear in
Court one year or fine or both- cogNB
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Thank You
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Amendments in Cr.P.C.
25 A. Directorate of Prosecution- (1) The State
Government may establish a Directorate of
Prosecution consisting of a Director of
Prosecution and as many Deputy Directors of
Prosecution as it thinks fit. (2) A person shall
be eligible to be appointed as a Director of
Prosecution or a Deputy Director of Prosecution,
only if he has been in practice as an advocate
for not less than ten years and such appointment
shall be made with the concurrence of the Chief
Justice of the High Court. (3) The Head of the
Directorate of Prosecution shall be the Director
of Prosecution, who shall function under the
administrative control of the Head of the Home
Department in the State. (4) Every Deputy
Director of Prosecution shall be subordinate to
the Director of Prosecution. (5) Every Public
Prosecutor, Additional Public Prosecutor and
Special Public Prosecutor appointed by State
Government under sub-section (8), of section 24
to conduct cases in District Courts and every
Assistant Public Prosecutor appointed under
sub-section (1) of section 25 shall be
subordinate to the Deputy Director of Prosecution.
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(6) Every Public Prosecutor, Additional Public
Prosecutor and Special Public Prosecutor
appointed by the State Government under
sub-section (3), or as the case may be,
sub-section (8), of section 24 to conduct cases
in District Courts and every Assistant public
Prosecutor appointed under sub- section (1) of
section 25 shall be subordinate to the Deputy
Director of Prosecution. (7) The powers and
functions of the Director of Prosecution and the
Deputy Directors of Prosecution and the areas for
which each of the Deputy Directors of Prosecution
have been appointed shall be such as the State
Government may, by notification, specify. (8)
The provisions of this section shall not apply
to the Advocate General for the State while
performing the functions of a Public Prosecutor
Substituted by Cr.P.C. Amendment Act,2005 (25
of 2005) w.e.f. 23/06/2006
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46. Arrest how made- (1) (2) (3)
(4) Save in exceptional circumstances, no
woman shall be arrested after sunset and before
sunrise, and where such exceptional circumstances
exist, the woman police officer shall, by making
a written report, obtain the prayer permission of
the Judicial Magistrate of the first class within
whose local jurisdiction the offence is
committed or the arrest is to be
made. Substituted by Cr.P.C. Amendment Act,2005
(25 of 2005) w.e.f. 23/06/2006
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50A Obligation of person making arrest to inform
about the arrest, etc., to a nominated person
(1) Every police officer or other person making
any arrest under this Code shall forthwith give
the information regarding such arrest and place
where the arrested person is being held to any of
his friends, relatives or such other persons as
may be disclosed or nominated by the arrested
person for the propose of giving such
information. The police officer shall inform the
arrested person of his rights under sub-section
(1) as soon as he is brought to the police
station. An entry of the fact as to who has been
informed of the arrest of such person shall be
made in a book to be kept in the police station
in such form as may be prescribed in this behalf
by the State Government. It shall be the duty of
the Magistrate before whom such arrested person
is produced, to satisfy himself that the
requirements of sub-section (2) and sub-section
(3) have been compiled with in respect of such
arrested person. Substituted by Cr.P.C.
Amendment Act,2005 (25 of 2005) w.e.f.
23/06/2006
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Section 53 Examination of accused by medical
practitioner at the request of police officer-
(1) When a person is arrested ---- shall be
lawful for a registered medical practitioner,
acting at the request of a police officer not
below the rank of sub-inspector, -- to make such
an examination--. (2) Explanation- a)
"examination" shall include the examination of
blood, blood stains, semen, swabs in case of
sexual offences, sputum and sweat, hair samples
and finger nail clipping by the use of modern and
scientific techniques including DNA profiling and
such other tests which the registered medical
practitioner thinks necessary in a particular
case b) "registered medical practitioner" means
a medical practitioner who possess any medical
qualification as defined in clause (h) of section
2 of the Indian Medial Council Act, 1956 (102 of
1956) and whose name has been entered in a State
Medical Register'.. Substituted by Cr.P.C.
Amendment Act,2005 (25 of 2005) w.e.f. 23/06/2006
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Section 53A Examination of person accused of
rape by medical practitioner- (1) When a person
is arrested on a charge of committing an offence
of rape or an attempt to commit rape and there
are reasonable grounds for believing that an
examination of this person will afford evidence
as to the commission of such offence, it shall be
lawful for a registered medical practitioner
employed in a hospital run by the Government or
by a local authority and in the absence of such a
practitioner within the radius of sixteen
kilometers from the place where the offence has
been committed by any other registered medical
practitioner, acting at the request of a police
officer not below the rank of a sub-inspector,
and for any person acting in good faith in his
aid and under his direction, to make such an
examination of the arrested person and to use
such force as is reasonably necessary for that
purpose. (2) The registered medical practitioner
conducting such examination shall, without delay,
examine such person and prepare a report of his
examination giving the following particulars,
namely- (i) the name and address of the
accused and of the person by whom he was brought,
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(ii) the age of the accused,
(iii) marks of injury, if any, on the person
of the accused, the description of material
taken from the person of the accused for DNA
profiling, and (iv) other material
particulars in reasonable detail. (3) The report
shall state precisely the reasons for each
conclusion arrived at. (4) The exact time of
commencement and completion of the examination
shall also be noted in the report. (5) The
registered medical practitioner shall, without
delay, forward the report of the investigating
officer, who shall forward it to the Magistrate
referred to in section 173 as part of the
documents referred to in clause (a) of
sub-section (5) of that section. Substituted by
Cr.P.C. Amendment Act,2005 (25 of 2005) w.e.f.
23/06/2006
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Section 82 Proclamation for person absconding
(1) (2)
(3)
(4) Where a proclamation published under
sub-section(1) is in respect of a person accused
of an offence punishable under section 302, 304,
364, 367, 382, 392, 393,394,395, 396,397,
398,399, 400,402, 436, 449,459 or 460 of the
Indian Penal Code, and such person fails to
appear at the specified place and time required
by the proclamation, the Court may, after making
such inquiry as it thinks fit, pronounce him a
proclaimed offender and make a declaration to
that effect. (5) The provisions of sub-sections
(2) and (3) shall apply to a declaration made by
the court under sub-section (4) as they apply to
the proclamation published under sub-section (1)
. Substituted by Cr.P.C. Amendment Act,2005
(25 of 2005) w.e.f. 23/06/2006
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Section- 164 A. Medical examination of the
victim of rape.- (1) Where, during the stage
when an offence of committing rape or attempt to
commit rape is under investigation. it is
proposed to get the person of the woman with
whom rape is alleged or attempted to have been
committed or attempted, examined by a medical
expert, such examination shall be conducted by a
registered medical practitioner employed in a
hospital run by the Government or a local
authority and in the absence of such a
practitioner, by any other registered medical
practitioner, with the consent of such woman or
of a person competent to give such consent on
her behalf and such woman shall be sent to such
registered medical practitioner within
twenty-four hours from the time of receiving
the information relating to the commission of
such offence. (2) The registered medical
practitioner, to whom such woman is sent shall,
without delay, examine her and prepare a report
of his examination giving the following
particulars, namely-
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(i) the name and address of the woman and of the
person by whom she was brought (ii) the age of
the woman (iii)the description of material
taken from the person of the woman for DNA
profiling (iv) marks of injury, if any, on
the person of the woman (v) general mental
condition of the woman and (vi) other material
particulars in reasonable detail. (3) The report
shall state precisely the reasons for each
conclusion arrived at. (4) The report shall
specifically record that the consent of the woman
or of the person competent to give such consent
on her behalf to such examination has been
obtained. (5) The exact time of commencement and
completion of the examination shall also be noted
in the report. (6) The registered medical
practitioner shall, without delay, forward the
report to the investigation officer who shall
forward it to the Magistrate referred to in
section 173 as part of the documents referred to
in clause (a) of sub section (5) of that
section.
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(7) Nothing in this section shall be construed as
rendering lawful any examination without the
consent of the woman or of any person competent
to give such consent on her behalf.
Explanation.- For the purposes of this section,
"examination" and " registered medical
practitioner" shall have the same meanings as in
section 53. Substituted by Cr.P.C. Amendment
Act,2005 (25 of 2005) w.e.f. 23/06/2006
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New Sections in IPC
Section 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. CLASSIFICATION OF OFFENCE Para
I Punishment- Imprisonment for 3 years or fine,
or with both-Cognizable- Non-bailable- Triable by
Magistrate of the first class- Non-compoundable.
Para II Punishment- Imprisonment for 7 years
and fine- Cognizable- Non bailable- Triable by
Magistrate of the first class- Non-
compoundable. Substituted by Cr.P.C Amendment
Act,2005 (25 of 2005) w.e.f. 23/06/2006
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New Sections in IPC
Section- 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- 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 without
prejudice to the power of the Court to order
forfeiture of the bond. CLASSIFICATION OF
OFFENCE Punishment- Imprisonment for 1 year, or
fine, or both-Cognizable- Non-bailable- Triable
by any Magistrate Non compoundable.
Substituted by Cr.P.C. Amendment Act,2005 (25 of
2005) w.e.f. 23/06/2006