CODE OF CRIMINAL PROCEDURE (GUJARAT AMENDMENT) ACT, 1976.
[Act No. 21 of 1976]
Enacted by the President in the Twenty-seventh Year of the Republic of India.
An Act to amend the Code of Criminal Procedure, 1973, in its application to the State of Gujarat.
44 of 1970.
In exercise of the powers conferred by section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows:—
1. Short title and commencement.
(1) This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 1976.
(2) It shall come into force at once.
Amendment of section 167.
2 of 1974.
2. In the proviso to sub-section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat,—
(i) for paragraph (a), the following paragraph shall be substituted, namely:-
"(a) the Magistrate may authorise detention of the accused person; otherwise than in the custody of, the police, beyond the period of fifteen days if he is satisfied” that adequate grounds exist-for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding,—
(i) one hundred and twenty days, where the investigation relates to all offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence;
and, on the expiry of the said period; of one hundred and twenty days or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;”;
(ii) in paragraph (b), for the "Words “no Magistrate shall”, the words “no Magistrate shall, except for reasons to be recorded in writing,” shall be substituted;
(iii) the Explanation shall be numbered as Explanation II, and, before Explanation II as so numbered, the following Explanation shall be inserted,
“Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail”-
Amendment to apply to pending investigations.
2 of 1974.
3. The provisions of section 167 of the Code of Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately before the commencement of this Act, if the period, of detention of the accused person, otherwise than in the custody of the police, authorised under that section, had not, at such commencement, exceeded sixty days,
REASONS FOR THE ENACTMENT
Under section 167 of the Code of Criminal Procedure, 1973, a person who is detained in custody during the investigation of a case is entitled to be released on bail on the expiry of 60 days. This provision has caused difficulties in complicated and serious cases where, for reasons beyond the control of the investigating officers, the investigation takes more time. It is, therefore, proposed to remove this difficulty by enlarging the time limit to 120 days in serious cases and to provide that the magistrate may, in suitable cases and for reasons to be recorded in writing, dispense with the production of the accused at the time when the order for remand is made.
2. In view of the urgency of the matter, it is not practicable to consult Consultative Committee of Parliament on Gujarat Legislation constituted under proviso to sub-section (2) of section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976. The measure is accordingly being enacted without reference to the Consultative Committee. |
