THE CODE OF CRIMINAL PROCEDURE (WEST BENGAL SECOND AMENDMENT) ACT, 1985
West Bengal Act 17 of 1985
[21st August, 1985.]
Assent of the President was first published in the Calcutta Gazette. Extraordinary, dated the 21st August, 1985.
An Act to amend the Code of Criminal Procedure, 1973, in its application to West Bengal.
Whereas it is expedient to amend the Code of Criminal Procedure, 1973, in its application to West Bengal, for the purpose and in the manner hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Code of Criminal Procedure (West Bengal Second Amendment) Act, 1985.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Application of the Act. - The Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purpose and in the manner hereinafter provided.
3. Amendment of section 25 of Act 2 of 1974. - For sub-section (3) of section 25 of the principal Act, the following sub-section shall be substituted:-
'(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case,-
(a) where the case is before the Court of a Judicial Magistrate in any area in a sub-division wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or
(b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or
(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specially authorised by the District Magistrate in this behalf.
Explanation. - For the purposes of this sub-section,-
(i) "advocate" shall have the same meaning as in the Advocates Act, 1961;
(ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).'.
THE CODE OF CRIMINAL PROCEDURE (WEST BENGAL THIRD AMENDMENT) ACT, 1985
West Bengal Act 33 of 1985
[28th January, 1986.]
Assent of the President of India was first published in the Calcutta Gazette. Extraordinary, dated the 28th January, 1986.
An Act to amend the Code of Criminal Procedure, 1973, in its application to West Bengal.
Whereas it is expedient to amend the Code of Criminal Procedure, 1973, in its application to West Bengal, for the purpose and in the manner hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Code of Criminal Procedure (West Bengal Third Amendment) Act, 1985.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Application of the Act. - The Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purpose and in the manner hereinafter provided.
3. Amendment of section 357 of Act 2 of 1974. - In section 357 of the principal Act,-
(a) in sub-section (1), for the words and brackets "When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-", the words and brackets "When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes, shall, when passing judgment, order the whole or any part of the fine recovered to be applied-" shall be substituted;
(b) for sub-section (3), the following sub-section shall be substituted:-
"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced:
Provided that the Court may not order the accused person to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes.";
(c) after sub-section (5), the following Explanation shall be inserted:-
'Explanation. - For the purposes of this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the Constitution of India.'. |
