The Code of Criminal Procedure (Amendment) Act, 2005

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The Code of Criminal Procedure (Amendment) Act, 2005

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005

NO. 25 OF 2005

[23rd June, 2005.]

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

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1.

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2005.

(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2.

Amendment of section 20.

2. Amendment of section 20.-In section 20 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), after sub-section (4), the following sub-section shall be inserted, namely:-

"(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.".

3.

Amendment of section 24.

3. Amendment of section 24.-In section 24 of the principal Act, in sub-section (6), after the proviso, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 18th day of December, 1978, namely:-

'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.'.

4.

Insertion of new section 25A.

4. Insertion of new section 25A.-In Chapter II of the principal Act, after section 25, the following section shall be inserted, n...

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