Amendment of section 436 of the Code of Criminal Procedure, 1898

In section 436,-

(i) the said section shall be renumbered as sub-section (1) of that section;

(ii) in sub-section (1) so renumbered, for the words “ the District Magistrate by himself or by any of the Magistrates subordinate to him, to make, and the District Magistrate may himself make, or direct any subordinate Magistrate to make”, the words “the Judicial Magistrate to make,” shall be substituted ;

(iii) the following new sub-section shall be added, namely :-

“(2) On examining any record under section 435 or otherwise, the District Magistrate may direct any Sub-Divisional Magistrate or any other Executive Magistrate subordinate to him to make, and the Sub-divisional Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any proceedings :

Provided that no District Magistrate shall make any direction under this section for further inquiry into the case of any person unless such person has had an opportunity of showing cause why such direction should not be made”.