section 96
Procedure to be followed by officers and Magistrates in certain cases.
The Maharashtra Police ActCriminal1951214 sections
Statutory text
- (1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the 1Code of Criminal Procedure, 1898 (V of 1898)-
- (i) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in 2[any area under the charge of a Commissioner] be exercised and performed by the Commissioner,
- (ii) the Presidency Magistrate in 3[Brihan Mumbai] to whom an accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time,
- (iii) the officer in charge of the Police Station shall forward his report under section 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf.
- (2) Nothing contained in section 62 of the 4Code of Criminal Procedure, 1898 (V of 1898), shall operate to require any officer in charge of a Police Station 5[any area under the charge of a Commissioner] to submit any report provided for by that section to any Magistrate.
- (3) Sections 127 and 128 of the Code of 6Code of Criminal Procedure, 1898 (V of 1898), in their application to 7[Brihan Mumbai] 8[and any other area for which a Commissioner has been appointed] shall be amended as follows :-
- (a) in section 127, for the words "police station" the words "section or any police officer not below the rank of a sub-inspector authorised by the State Government in this behalf" shall be substituted;
- (b) in section 128, for the words "police station whether within or without the presidency-towns" the words and figures "section or any police officer authorised under section 127" shall be substituted.
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