CODE OF CRIMINAL PROCEDURE, 1973( TAMIL NADU AMENDMENT)

Section 24 - Public Prosecutors

[1][24. Public Prosecutors

(1)     For Every High Court, The Central Government Or The State Government Shall, After Consultation With The High Court, Appoint A Public Prosecutor And May Also Appoint One Or More Additional Public Prosecutor, For Conducting In Such Court, Any Prosecution, Appeal Or Other Proceeding On Behalf Of The Central Government Or State Government, As The Case May Be.

(2)     The Central Government May Appoint One Or More Public Prosecutors For The Purpose Of Conducting Any Case Or Class Of Cases In Any District, Or Local Area.

(3)     For Every District, The State Government Shall Appoint A Public Prosecutor And May Also Appoint One Or More Additional Public Prosecutors For The District:

Provided That The Public Prosecutor Or Additional Public Prosecutor Appointed For One District May Be Appointed Also To Be A Public Prosecutor Or An Additional Public Prosecutor, As The Case May Be, For Another District.

(4)     The District Magistrate Shall, In Consultation With The Sessions Judge, Prepare A Panel Of Names Of Persons, Who Are, In His Opinion Fit To Be Appointed As Public Prosecutor Or Additional Public Prosecutors For The District.

(5)     No Person Shall Be Appointed By The State Government As The Public Prosecutor Or Additional Public Prosecutor For The District Unless His Name Appears In The Panel Of Names Prepared By Me District Magistrate Under Sub-Section (4).

(6)     Notwithstanding Anything Contained In Sub-Section (5), Where In A State There Exists A Regular Cadre Of Prosecuting Officers, The State Government Shall Appoint A Public Prosecutor Or An Additional Public Prosecutor Only From Among The Persons Constituting Such Cadre:

Provided That Where, In The Opinion Of The State Government, No Suitable Person Is Available In Such Cadre For Such Appointment That Government May Appoint A Person As Public Prosecutor Or Additional Public Prosecutor, As The Case May Be, From The Panel Of Names Prepared By The District Magistrate Under Sub-Section (4).

[2][Explanation.--For The Purposes Of This Sub-Section,-- 

(A)      "Regular Cadre Of Prosecuting Officers" Means A Cadre Of Prosecuting Officers Which Includes Therein The Post Of A Public Prosecutor, By Whatever Name Called, And Which Provides For Promotion Of Assistant Public Prosecutors, By Whatever Name Called, To That Post; 

(B)      "Prosecuting Officer" Means A Person, By Whatever Name Called, Appointed To Perform The Functions Of A Public Prosecutor, An Additional Public Prosecutor Or An Assistant Public Prosecutor Under This Code.]

(7)     A Person Shall Be Eligible To Be Appointed As A Public Prosecutor Or An Additional Public Prosecutor Under Sub-Section (I) Or Sub-Section (2) Or Sub-Section (3) Or Sub?Section (6), Only If He Has Been In Practice As An Advocate For Not Less Than Seven Years.

(8)     The Central Government Or The State Government May Appoint, For The Purposes Of Any Case Or Class Of Cases, A Person Who Has Been In Practice As An Advocate For Not Less Than Ten Years As A Special Public Prosecutor.

[3][Provided That The Court May Permit The Victim To Engage An Advocate Of His Choice To Assist The Prosecution Under This Sub-Section.]

(9)     For The Purposes Of Sub-Section (7) And Sub-Section (8), The Period During Which A Person Has Been In Practice As A Pleader, Or Has Rendered (Whether Before Or After The Commencement Of This Code) Service As A Public Prosecutor Or As An Additional Public Prosecutor Or Assistant Public Prosecutor Or Other Prosecuting Officer, By Whatever Name Called, Shall Be Deemed To Be The Period During Which Such Person Has Been In Practice As An Advocate.]

[STATE AMENDMENTS

[4][Tamil Nadu:

In Section 24,-

(A)      In Sub-Section (6), After The Expression "Sub-Section (5)" Insert The Following, Namely:--

"But Subject To The Provisions Of Sub-Section (6-A)";

(B)      After Sub-Section (6), Insert The Following Sub-Section Namely:--

"(6-A) Notwithstanding Anything Contained In Sub-Section (6), The State Government May Appoint A Person Who Has Been In Practice As An Advocate For Not Less Than Seven Years, As The Public Prosecutor Or Additional Public Prosecutor For The District And It Shall Not Be Necessary To Appoint The Public Prosecutor Or Additional Public Prosecutor For The District From Among The Persons Constituting The Cadre Of Prosecuting Officers In The State Of Tamil Nadu And The Provisions Of Sub-Sections (4) And (5) Shall Apply To The Appointment Of A Public Prosecutor Or Additional Public Prosecutor Under This Sub-Section."

(C)      "In Sub-Section (7), After The Expression "Sub-Section (6)" The Expression  Or "Sub-Section(6-A)" Shall Be Inserted.

Section 167 - Procedure When Investigation Cannot Be Completed In Twenty-Four Hours

(1)     Whenever Any Person Is Arrested And Detained In Custody, And It Appears That The Investigation Cannot Be Completed Within The Period Of Twenty-Four Hours Fixed By Section 57, And There Are Grounds For Believing That The Accusation Or Information Is Well-Founded, The Officer In Charge Of The Police Station Or The Police Officer Making The Investigation, If He Is Not Below The Rank Of Sub-Inspector, Shall Forthwith Transmit To The Nearest Judicial Magistrate A Copy Of The Entries In The Diary Hereinafter Prescribed Relating To The Case, And Shall At The Same Time Forward The Accused To Such Magistrate.

(2)     The Magistrate To Whom An Accused Person Is Forwarded Under This Section 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, A Term Not Exceeding Fifteen Days In The Whole; And If He Has No Jurisdiction To Try The Case Or Commit It For Trial, And Considers Further Detention Unnecessary, He May Order The Accused To Be Forwarded To A Magistrate Having Such Jurisdiction:

Provided That-

[5][(A) The Magistrate May Authorise The 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 Paragraph For A Total Period Exceeding-

(I)    Ninety 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 Ninety 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 Sub-Section Shall Be Deemed To Be To Released Under The Provisions Of Chapter XXXIII For The Purposes Of That Chapter;]

[6][(B) No Magistrate Shall Authorise Detention Of The Accused In Custody Of The Police Under This Section Unless The Accused Is Produced Before Him In Person For The First Time And Subsequently Every Time Till The Accused Remains In The Custody Of The Police, But The Magistrate May Extend Further Detention In Judicial Custody On Production Of The Accused Either In Person Or Through The Medium Of Electronic Video Linkage;];

(C)    No Magistrate Of The Second Class, Not Specially Empowered In This Behalf By The High Court, Shall Authorise Detention In The Custody Of The Police.

[7][Explanation I.-For The Avoidance Of Doubts, It Is Hereby Declared That, Notwithstanding The Expiry Of The Period Specified In Paragraph (A), The Accused Shall Be Detained In Custody So Long As He Does Not Furnish Bail.]

[8][Explanation II.-- If Any Question Arises Whether An Accused Person Was Produced Before The Magistrate As Required Under Clause (B), The Production Of The Accused Person May Be Proved By His Signature On The Order Authorising Detention Or By The Order Certified By The Magistrate As To Production Of The Accused Person Through The Medium Of Electronic Video Linkage, As The Case May Be.]

[9][Provided Further That In Case Of A Woman Under Eighteen Years Of Age, The Detention Shall Be Authorised To Be In The Custody Of A Remand Home Or Recognised Social Institution.]

[10][(2A) Notwithstanding Anything Contained In Sub-Section (1) Or Sub-Section (2), The Officer In Charge Of The Police Station Or The Police Officer Making The Investigation, If He Is Not Below The Rank Of A Sub-Inspector, May, Where A Judicial Magistrate Is Not Available, Transmit To The Nearest Executive Magistrate, On Whom The Powers Of A Judicial Magistrate Or Metropolitan Magistrate Have Been Conferred, A Copy Of The Entry In The Diary Hereinafter Prescribed Relating To The Case, And Shall, At The Same Time, Forward The Accused To Such Executive Magistrate, And Thereupon Such Executive Magistrate, May, For Reasons To Be Recorded In Writing, Authorise The Detention Of The Accused Person In Such Custody As He May Think Fit For A Term Not Exceeding Seven Days In The Aggregate; And On The Expiry Of The Period Of Detention So Authorised, The Accused Person Shall Be Released On Bail Except Where An Order For Further Detention Of The Accused Person Has Been Made By A Magistrate Competent To Make Such Order; And, Where An Order For Such Further Detention Is Made, The Period During Which The Accused Person Was Detained In Custody Under The Orders Made By An Executive Magistrate Under This Sub-Section, Shall Be Taken Into Account In Computing The Period Specified In Paragraph (A) Of The Proviso To Sub-Section (2):

Provided That Before The Expiry Of The Period Aforesaid, The Executive Magistrate Shall Transmit To The Nearest Judicial Magistrate The Records Of The Case Together With A Copy Of The Entries In The Diary Relating To The Case Which Was Transmitted To Him By The Officer In Charge Of The Police Station Or The Police Officer Making The Investigation, As The Case May Be.]

(3)   A Magistrate Authorising Under This Section Detention In The Custody Of The Police Shall Record His Reasons For So Doing.

(3)     Any Magistrate Other Than The Chief Judicial Magistrate Making Such Order Shall Forward A Copy Of His Order, With His Reasons For Making It, To The Chief Judicial Magistrate.

(4)     If In Any Case Triable By A Magistrate As A Summons-Case, The Investigation Is Not Concluded Within A Period Of Six Months From The Date On Which The Accused Was Arrested, The Magistrate Shall Make An Order Stopping Further Investigation Into The Offence 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 Period Of Six Months Is Necessary.

(5)     Where Any Order Stopping Further Investigation Into An Offence Has Been Made Under Sub-Section (5), The Sessions Judge May, If He Is Satisfied, On An Application Made To Him Or Otherwise, That Further Investigation Into The Offence Ought To Be Made, Vacate The Order Made Under Sub-Section (5) And Direct Further Investigation To Be Made Into The Offence Subject To Such Directions With Regard To Bail And Other Matters As He May Specify.

[STATE AMENDMENTS

[11][Tamil Nadu:- In Section 167,

(1)     In The Proviso To Sub-Section (2), For Clause (B), The Following Clause Shall Be Substituted, Namely-

"(B) No Magistrate Shall Authorise The Detention Of An Accused Person Under This Section-

(I)    If The Accused Is In The Custody Of Police, Unless The Accused Is Physically Produced Before Him; And

(Ii)   If The Accused Is Detained Otherwise Than In The Custody Of Police, Unless The Accused Is Produced Before Him Either In Person Or Through The Media Of Electronic Video Linkage"

(2)     In The Explanation II, Under Sub-Section (2), After The Expression "An Accused Person Was Produced" The Expression "In Person Or, As The Case May Be, Through The Media Of Electronic Video Linkage" Shall Be Inserted.]

Section 445 - Deposit Instead Of Recognizance

When Any Person Is Required By Any Court Or Officer To Execute A Bond With Or Without Sureties, Such Court Or Officer May, Except In The Case Of A Bond For Good Behaviour, Permit Him To Deposit A Sum Of Money Or Government Promissory Notes To Such Amount As The Court Of Officer May If In Lieu Of Executing Such Bond.

[State Amendments

[Tamil Nadu

[12][In Section 445

After The Word And Figures "Section 292", The Word, Figures And Letter "Section 292-A" Shall Be Inserted;]

[13][In Section 445

In Sub-Section (1), The Word, Figures And Letter "Section 292-A" Shall Be Omitted;]]]

Section 455 - Destruction Of Libellous And Other Matter

(1)     On A Conviction Under Section 292, Section 293, Section 501 Or Section 502 Of The Indian Penal Code (45 Of 1860), The Court May Order The Destruction Of All The Copies Of The Thing In Respect Of Which The Conviction Was Had, And Which Are In The Custody Of The Court Or Remain In The Possession Or Power Of The Person Convicted.

(2)     The Court May, In Like Manner, On A Conviction Under Section 272, Section 273, Section 274, Or Section 275 Of The Indian Penal Code (45 Of 1860), Order The Food, Drink Drug Or Medical Preparation In Respect Of Which The Conviction Was Had, To Be Destroyed.

STATE AMENDMENT

[14][Tamil Nadu:

In Sub-Section (1) Of Section 455, After The Word And Figures "Section 292" The Word, Figures And Letter "Section 292A" Shall Be Inserted.]

[15][In Section 455

The Word, Figures And Letter "Section 292-A" Shall Be Omitted;]