The Code of Criminal Procedure (Chhattisgarh Amendment) Act, 2005

(i) This Act may be called the Code of Criminal Procedure (Chhattisgarh Amendment) Act, 2005. (ii) It extends to the whole State of Chhattisgarh. (iii) It shall come into force on such date as the State Government may by notification appoint.

The Code of Criminal Procedure, 1973 (No. 2 of 1974) (hereinafter referred to as the Principal Act), shall in its application to the State of Chhattisgarh be amended in the manner hereinafter provided.

(1) In clause (a) of sub-section (2) of section 167 of the Principal Act, for the words "any", the words "police" shall be substituted. (2) After clause (b) of sub-section (2) of section 167 of the Principal Act, the following new sub-clause (bb) shall be added, namely:- "(bb) No magistrate shall authorise detention of the accused person either than in the custody of the police under this section unless the accused is produced before him either in person or through the medium or electronic video linkage and represented by his pleader in the court." (3) In explanation II, after words "was produced" the words "from police custody" shall be added. (4) After explanation II, the following new explanation shall be added, namely:- "III. If any question arises whether an accused person was produced otherwise than in the custody of the police in person or (as the case may be) through the medium of electronic video linkage before the Magistrate as required under paragraph (bb), the production of the accused person may be proved by his or his pleader's signature on the order authorising detention."

In sub-section (2) of section 228 of the Principal Act, after the words "to the accused" the following shall be added, namely :- "present in person or through the medium or electronic video linkage and being represented by his pleader in the court."

In sub-section (2) of section 240 of the Principal Act, after the words "the accused" the following shall be added :- "Present either in person or through the medium or electronic video linkage in the presence of his pleader in the court."

In section 251 of the Principal Act, after the words "brought before the Magistrate" the following words shall be added :- "Or appears through the medium of electronic video linkage in the presence of his pleader in the court."