Code Of Criminal Procedure (West Bengal Amendment) Act, 1988

Code Of Criminal Procedure (West Bengal Amendment) Act, 1988 1. Short title and commencement. 2. Application of the Act. 3. Amendment of section 9 of Act 2 of 1974. 4. Amendment of section 167. 5. Amendment of section 245.

The Code Of Criminal Procedure (West Bengal Amendment) Act, 1988

West Bengal Act 24 of 1988

WB254

[14th March 1989.]

Assent of the President was first published in the Calcutta Gazette. Extraordinary, dated the 14th March, 1989.

An Act to amend the Code of Criminal Procedure, 1973, in its application to West Bengal.

Whereas it is expedient to amend the Code of Criminal Procedure, 1973, in its application to West Bengal, for the purposes and in the manner hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement. - (1) This Act may be called the Code of Criminal Procedure (West Bengal Amendment) Act, 1988.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Application of the Act. - The Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.
3. Amendment of section 9 of Act 2 of 1974. - To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:-

"Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of subsection (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449:

Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.".

4. Amendment of section 167. - In section 167 of the principal Act,-

(a) for sub-section (5), the following sub-section shall be substituted:-

"(5) If, in respect of -

(i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or

(ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal Code, the investigation is not concluded within a period of three years, or

(iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years,

from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary.";

(b) in sub-section (6), after the words "any order stopping further investigation into an offence has been made", the words "and the accused has been discharged" shall be inserted.

5. Amendment of section 245. - In section 245 of the principal Act, after sub-section (2), the following sub-section shall be inserted:-

"(3) If all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused.".