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2010 Amendment to Criminal Procedure Act

This document amends the Code of Criminal Procedure of India from 1973. It adds a proviso to section 41 requiring police officers to record reasons in writing for any arrests not made. It also amends section 41A so that police officers shall issue a notice requiring a person's presence rather than may issue one. The amendment also allows police officers to arrest anyone who fails to comply with or identify themselves according to a previously issued notice.

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61 views2 pages

2010 Amendment to Criminal Procedure Act

This document amends the Code of Criminal Procedure of India from 1973. It adds a proviso to section 41 requiring police officers to record reasons in writing for any arrests not made. It also amends section 41A so that police officers shall issue a notice requiring a person's presence rather than may issue one. The amendment also allows police officers to arrest anyone who fails to comply with or identify themselves according to a previously issued notice.

Uploaded by

Abhikaam
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT)

ACT, 2010

NO. 41 OF 2010

[21st September, 2010.]

An Act further to amend the Code of Criminal Procedure, 1973.


BE it enacted by Parliament in the Sixty-first Year of the Republic of India as
follows:—

1. Short title and commencement. - (1) This Act may be called the Code of Criminal
Procedure (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

2. Amendment of section 41. - On and from the date of commencement of section 5 of


the Code of Criminal Procedure (Amendment) Act, 2008, in section 41 of the Code of
Criminal Procedure, 1973 [as amended by section 5 of the Code of Criminal Procedure
(Amendment) Act, 2008], in sub-section (1), in clause (b), the following proviso shall be
inserted at the end, namely:—
"Provided that a police officer shall, in all cases where the arrest of a person is not
required under the provisions of this sub-section, record the reasons in writing for
not making the arrest.".

3. Amendment of section 41A. - On and from the date of commencement of section 6 of


the Code of Criminal Procedure (Amendment) Act, 2008, in section 41A of the Code of
Criminal Procedure, 1973 [as inserted by section 6 of the Code of Criminal Procedure
(Amendment) Act, 2008],—
(a) in sub-section (1), for the words "The police officer may", the words "The
police officer shall" shall be substituted;
(b) for sub-section (4), the following sub-section shall be substituted, namely:
—
"(4) Where such person, at any time, fails to comply with the terms of the
notice or is unwilling to identify himself, the police officer may, subject to such
orders as may have been passed by a competent Court in this behalf, arrest him
for the offence mentioned in the notice.".

V.K. BHASIN,
Secy. to the Govt. of India.

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