The Code of Criminal Procedure (Gujarat Amendment) Act, 1963

1. (1) This Act may be called the Code of' Criminal Procedure .{Gujarat ~mdd-Short title, ment) Act. 1963.

In section 514 of the Code of Criminal Procedure, 1898, in its application to the State of Gujarat, (hereinafter referred to as "the said Code"), for sub-section (2), the following shall be substituted, namely:—

"(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by one or both of the following ways, that is to say, it may—

1. (a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to such person;
2. (b) issue a warrant for the levy of the amount by attachment and sale of any immoveable property, or both, of such person.

1. (3) The Magistrate may issue a warrant in the manner in which warrants under sub-section (2), clause (a), are to be executed and for the summary determination of any claims made by a person other than the person bound by the bond in respect of any property attached in execution of such warrant.
2. (4) Where the Magistrate issues a warrant to the Collector under sub-section (2), clause (b), such warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purposes of the said code, be deemed to be the Court which passed the decree and all the provisions of that code as to execution of decrees shall apply: Provided that no such warrant shall be executed by the arrest or detention in prison of the person so bound. (4A) If such penalty is not paid and cannot be recovered in the manner stated in sub-section (2), the person so bound shall be liable, by order of the Court which orders the payment of the penalty, to imprisonment in the civil jail for a term which may extend to six months.".

Amendment 3. In Schedule I1 to the said Code, in column 5,- of Schedule I1 to Act V of 1898.

1. (a) in the entry relating to section 324, for the word "Ditto" the words "bailable" shall be substituted;
2. (b) in the entry relating to section 325, for the word "Ditto" the word "Bailable" shall be substituted.

Amendment 4. In Schedule V to the said Code, - of Schedule V to Act V of 1898.

1. (a) in Form XLI, for the words "by attachment and sale of moveable property of his" the words, brackets and figures "in the manner stated in sub- section

1. (2) of section 514 of the Code of Criminal Procedure, 1898" shall be substituted;
   • (b) in each of Forms XLII and XLIII, for the words "by attachment of his moveable property" the words, brackets and figures "in the manner stated in sub-section
2. (2) of section 514 of the Code of Criminal Procedure, 1898" shall be substituted. 1. Short title and commencement
3. (1) This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 1976.
4. (2) It shall come into force at once; 2. Amendment of section 167 In the proviso to sub-section
5. (2) of section 167 of the Code of Criminal 2 of Procedure, 1973, in its application to the State of Gujarat,- 1974.
   • (i) for paragraph (a), the following paragraph shall be substituted, namely :- "(a) the Magistrate may authorise detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding,-
   • (i) one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years ;
   • (ii) sixty days, where the investigation relates to any other offence; and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail ; and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;";
   • (ii) in paragraph (b), for the words "no Magistrate shall", the words "no Magistrate shall, except for reasons to be recorded in writing," shall be substituted ;
   • (iii) the Explanation shall be numbered as Explanation I, and, before Explanation II as so numbered, the following Explanation shall be inserted, namely :- "Explanation I.-For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail.". 3. Amendment of section 167 to apply to pending investigations Amendment 3. The provisions of section 167 of the ,Code of Criminal Procedure, 1973, as of to apply to amended by this Act, shall apply to every inve~tigat~ion pending immediately 1974. p+nding iove- ~tlgations. befprc tha co~nrnencement of this Act, if the period. of debntion of. the accused prson, otherwise than in thecustody ,of the police, authorised under that sechn, had not, at such commencement, exceeded sixty daya, 1. Short title and commencement
6. (1) This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 1976.
7. (2) It shall come into force at onw; 2. Amendment of section 209 In seclion 209 of the We of Criminal Procedure. 1973, in its application to the State of Gujarat, for clause (a), the foIlowing clause shall be substituted. namely : - "(4 commit the case, after Amplying with the provisiolls of section 207 or section 208, as the case may be, to the Court of Scssion, and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;". 1. Short title and commencement
8. (1) This Act may lx called the Code of Crimin;ll Procedurc (Gujarat Second Amendment) Act, 1976.
9. (2) I: shall come into force at once. 2. Amendment of section 167 Amendment 2. In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the 201 1974. of section priilcipal Act") in its q.$ication to the State of Gujarat, in secti~n 167, in sub- 167 of Act section (2)- 2 of 1974. (1) in the proviso, for paragraph'(b), the following paragraph shall be substituted, wmeIy :- "(b) no Magistrate shall authorise further detention in any custody under this section uniess- 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 ox 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 I)-:.: medium of electronic video linkage" shall be inserted. 3. Repeal and savings Rcpeiil 3.
10. (1) The Code of Crimina! Procedure (Ciujarar A~nendmcrit) Ordinance, 2003 Guj. Ord. and is hcreby repealed. 3 of 2003. snviagl;. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as a~liel~ded by the said 0rdin;lnce sha I1 be deerned to have beer] done or taken under the principal Act as amended by this Act. 1. Short title
11. (1) This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 2017. 2. Amendment of section 273 In the Code of Criminal Procedure, 1973 (hereinafter referred to as "the principal Act"), in section 273, after the words "in the presence of his pleader", the words "or, as the case may be, through the medium of Electronic video Linkage when the court on its own motion or on an application so directs in the interests of justice" shall be added. 3. Amendment of section 278 In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely:- "(4) Nothing contained in sub-sections
12. (1) to
13. (3) shall apply when the evidence under section 273 is taken through the medium of Electronic Video Linkage.
14. (5) The evidence taken through the medium of Electronic Video Linkage in electronic form shall be the electronic record within the meaning of clause
    • (t) of section 2 of the Information Technology Act, 2000.". 4. Amendment of section 287 In the principal Act, in section 287, in sub-section (6), after the words "the examination of an accused person", the words "either through the medium of Electronic Video Linkage or" shall be inserted.

In the principal Act, in section 291, in sub-section (1), after the words "in the presence of accused", the words "or, as the case may be through the medium of Electronic Video Linkage" shall be inserted.

In the principal Act, to section 317, the following Explanation shall be added, namely:- "Explanation.— For the purpose of this section "Personal attendance of the accused" shall include his attendance through the medium of Electronic Video Linkage as provided in section 273.".

1. Short title and commencement

1. (1) This Act may be called the Criminal Law (Gujarat Amendment) Act, 2018.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Insertion of new sections 379A and 379B In the Indian Penal Code, 1860, after section 379, the following sections shall be inserted, namely:- "379A.
3. (1) Whoever, with the intention to commit theft, suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his physical possession any moveable property, and makes or attempt to make escape with such property, is said to commit snatching.
4. (2) Whoever attempts to commit snatching shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
5. (3) Whoever commits snatching shall be punished with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
6. (4) Whoever, after committing or attempting to commit snatching, causes hurt or wrongful restraint or fear of hurt, in order to effect his escape shall be punished with rigorous imprisonment for a term which may extend to three years, in addition to the punishment provided for the offence of snatching by the preceding sub-sections.

3. Amendment of First Schedule In the Code of Criminal Procedure, 1973, in the First Schedule, in the table, under the heading "Chapter XVII- Offences against Property", after section 379, the following shall be inserted, namely:-

Cognizable BailableBy what Sections Offence Punishmentor Non- or Non-court cognizable bailabletriable

"379A. Attemptto Rigorous CognizableNon-Courtof commit imprisonmentof bailable Session. snatching notlessthan fiveyearsbut whichmay extendto ten years,andfine of25,000 rupees.

Committing Rigorous DittoDitto Ditto. snatching imprisonmentof notlessthan sevenyearsbut whichmay extendto ten years,andfine of25,000 rupees.

Causinghurtor Rigorous Ditto Ditto Ditto. wrongful imprisonment restraintor fear whichmay of hurt,in order extendto three to effectescape years,in afterattempting additionto to commitor punishment after underother committing sub-sections. snatching

379B. Snatching,after Rigorous Ditto Ditto Ditto.". preparation imprisonmentof havingbeen notlessthan madefor sevenyearsbut causingdeath, whichmay or hurt,or extendto ten restraint,in years,andfine orderto the of25,000 committingof rupees. suchsnatching, or to retaining propertytaken by it.

1. Short title and commencement

1. (1) This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 2021.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 195 -1 2. In the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, in section 195, in sub-section (1), in clause (a), for sub-clause (i), the following sub-clause shall be substituted, namely:- “(i) of any offence punishable under sections 172, 173, 174 and 175 to 187 (both inclusive) of the Indian Penal Code, 1860, or”.