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THE CRIMINAL LAW (AMENDMENT) ACT, 2005 # NO. 2 OF ... - PRS

THE CRIMINAL LAW (AMENDMENT) ACT, 2005 # NO. 2 OF ... - PRS

THE CRIMINAL LAW (AMENDMENT) ACT, 2005 # NO. 2 OF ... - PRS

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!3. Amendment of section 195.-In section 195 of the Code of CriminalProcedure, 1973 (2 of 1974) (hereafter in this Chapter referred to asthe Code of Criminal Procedure), in sub-section (1), for the words"except on the complaint in writing of that Court, or of some otherCourt to which that Court is subordinate", the words "except on thecomplaint in writing of that Court or by such officer of the Court asthat Court may authorise in writing in this behalf, or of some otherCourt to which that Court is subordinate" shall be substituted.@4.%Insertion of new Chapter XXIA.!4. Insertion of new Chapter XXIA.-After Chapter XXI of the Code ofCriminal Procedure, the following Chapter shall be inserted, namely:-'CHAPTER XXIAPLEA BARGAINING265A. Application of the Chapter.-(1) This Chapter shall apply inrespect of an accused against whom-(a) the report has been forwarded by the officer in charge of thepolice station under section 173 alleging therein that an offenceappears to have been committed by him other than an offence for whichthe punishment of death or of imprisonment for life or of imprisonmentfor a term exceeding seven years has been provided under the law forthe time being in force; or(b) a Magistrate has taken cognizance of an offence on complaint, otherthan an offence for which the punishment of death or of imprisonmentfor life or of imprisonment for a term exceeding seven years, has beenprovided under the law for the time being in force, and after examiningcomplainant and witnesses under section 200, issued the process undersection 204,but does not apply where such offence affects the socio-economiccondition of the country or has been committed against a woman, or achild below the age of fourteen years.(2) For the purposes of sub-section (1), the Central Government shall,by notification, determine the offences under the law for the timebeing in force which shall be the offences affecting the socio-economiccondition of the country.

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