CODE OF CRIMINAL PROCEDURE (GUJARAT AMENDMENT) ACT, 2003
GUJARAT ACT NO. 31 OF 2003.
(First published, after having received the assent of the President in the “Gujarat Government Gazette”, on the 18th October, 2003).
An Act further to amend the code of Criminal Procedure, 1973 in its application to the State of Gujarat.
It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called The Code of Criminal Procedure (Gujarat Amendment) Act, 2003.
(2) It shall be deemed to have come into force on the 16th August, 2003.
Amendment of section 167 of Act 2 of 1974.
2 of 1974.
2. In the Code of Criminal Procedure, 1973 (hereinafter referred to as “the principal Act”) in its application to the State of Gujarat, in section 167, in sub-section (2)-
(1) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely:-
“(b) no Magistrate shall authorise further detention in any custody under this section unless-
(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and
(ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the Magistrate.”;
(2) in Explanation II, after the words “ whether an accused person was produced before the Magistrate”, the words “in person or, as the case may be, through the medium of electronic video linkage” shall be inserted.
Repeal and savings.
Guj. Ord. 3 of 2003.
3. (1) The Code of Criminal Procedure (Gujarat Amendment) Ordinance, 2003 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
