Amendment of Schedule V

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.