The Code of Criminal Procedure (Amendment) Act, 2008

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The Code of Criminal Procedure (Amendment) Act, 2008

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008

NO. 5 OF 2009

[7th January, 2009.]

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

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

1.

Short title and commence-ment.

1. Short title and commence-ment. - (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2008.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.

2.

Amendment of section 2.

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

'(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir;'.

3.

Amendment of section 24.

3. Amendment of section 24. - In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:-

"Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.".

4.

Amendment of section 26.

4. Amendment of section 26. - In section 26 of the principal Act, in clause (a), the following proviso shall be inserted, namely:-

"Provided that any offence under section 376 and sections 376A to 376D of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman.".

5.

Amendment of section 41.

5. Amendment of section 41. - In section 41 of the principal Act,-

(i) in sub-section (1), for clauses (a) and (b), th...

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