IN RECENT AMENDMENTS IN CR.P.C - O MANY CHANGES WERE TOOK PLACED- PLS READ THE ATTACHED LINK
https://www.taxindiaonline.com/RC2/pdfdocs/Crpc.pdf
23. In section 320 of the principal Act,—
(i) in sub-section (1), for the TABLE, the following TABLE shall be substituted,
namely:—
“TABLE
Offence Section of the Person by whom offence
Indian Penal may be compounded
Code applicable
1 2 3
Uttering words, etc., with deliberate 298 The person whose religious feelings
intent to wound the religious are intended to be wounded.
feelings of any person.
Voluntarily causing hurt. 323 The person to whom the hurt is
caused.
Voluntarily causing hurt on 334 Ditto.
provocation.
A m e n d m e n t
of s e c t ion
2 7 5 .
A m e n d m e n t
of s e c t ion
3 1 3 .
A m e n d m e n t
of s e c t ion
3 2 0 .
45 of 1860.
A m e n d m e n t
of s e c t ion
3 0 9 .
45 of 1860.7
Voluntarily causing grievous hurt 335 Ditto.
on grave and sudden provocation.
Wrongfully restraining or confining 341, The person restrained or confined.
any person. 342
Wrongfully confining a person for 343 The person confined.
three days or more
Wrongfully confining a person for 344 Ditto.
ten days or more.
Wrongfully confining a person in 346 Ditto.
secret.
Assault or use of criminal force. 352, The person assaulted or to whom
3 5 5 , criminal force is used.
3 5 8
Theft. 379 The owner of the property stolen.
Dishonest misappropriation of 403 The owner of the property
property. misappropriated.
Criminal breach of trust by a carrier, 407 Ditto.
wharfinger, etc.
Dishonestly receiving stolen 411 The owner of the property stolen.
property knowing it to be stolen.
Assisting in the concealment or 414 Ditto.
disposal of stolen property, knowing
it to be stolen.
Cheating. 417 The person cheated.
Cheating by personation. 419 Ditto.
Fraudulent removal or concealment 421 The creditors who are affected
of property, etc., to prevent thereby.
distribution among creditors.
Fraudulently preventing from being 422 Ditto.
made available for his creditors a
debt or demand due to the offender.
Fraudulent execution of deed of 423 The person affected thereby.
transfer containing false statement
of consideration.
Fraudulent removal or concealment 424 Ditto.
of property.
Mischief, when the only loss or 426, The person to whom the loss or
damage caused is loss or damage to 427 damage is caused.
a private person.
1 2 38
Mischief by killing or maiming 428 The owner of the animal.
animal.
Mischief by killing or maiming 429 The owner of the cattle or animal.
cattle, etc.
Mischief by injury to works of 430 The person to whom the loss or
irrigation by wrongfully diverting damage is caused.
water when the only loss or damage
caused is loss or damage to private
person.
Criminal trespass. 447 The person in possession of the
property trespassed upon.
House-trespass. 448 Ditto.
House-trespass to commit an 451 The person in possession of the
offence (other than theft) punishable house trespassed upon.
with imprisonment.
Using a false trade or property 482 The person to whom loss or injury is
mark. caused by such use.
Counterfeiting a trade or property 483 The person to whom loss or injury is
mark used by another. caused by such use.
Knowingly selling, or exposing or 486 Ditto.
possessing for sale or for
manufacturing purpose, goods
marked with a counterfeit property
mark.
Criminal breach of contract of 491 The person with whom the offender
service. has contracted.
Adultery. 497 The husband of the woman.
Enticing or taking away or detaining 498 The husband of the woman and the
with criminal intent a married woman
woman.
Defamation, except such cases as 500 The person defamed.
are specified against section 500 of
the Indian Penal Code (45 of 1860)
in column 1 of the Table under
sub-section (2).
Printing or engraving matter, 501 Ditto.
knowing it to be defamatory.
Sale of printed or engraved 502 Ditto.
substance containing defamatory
1 2 39
matter, knowing it to contain such
matter.
Insult intended to provoke a breach 504 The person insulted.
of the peace.
Criminal intimidation. 506 The person intimidated.
Inducing person to believe himself 508 The person induced.”;
an object of divine displeasure.
(ii) in sub-section (2), for the TABLE the following TABLE shall be substituted, namely:—
“ TABLE
Offence Section of the Person by whom offence
Indian Penal may be compounded
Code applicable
1 2 3
Causing miscarriage. 312 The woman to whom miscarriage is
caused.
Voluntarily causing grievous hurt. 325 The person to whom hurt is caused.
Causing hurt by doing an act so 337 Ditto.
rashly and negligently as to
endanger human life or the personal
safety of others.
Causing grievous hurt by doing an 338 Ditto.
act so rashly and negligently as to
endanger human life or the personal
safety of others.
Assault or criminal force in 357 The person assaulted or to whom
attempting wrongfully to confine a the force was used.
person.
Theft, by clerk or servant of 381 The owner of the property stolen.
property in possession of master.
Criminal breach of trust 406 The owner of property in respect of
which breach of trust has
been committed.
Criminal breach of trust by a clerk 408 The owner of the property in respect
or servant. of which the breach of trust has been
committed.
Cheating a person whose interest 418 The person cheated.
the offender was bound, either by
law or by legal contract, to protect.
Cheating and dishonestly inducing 420 The person cheated.
delivery of property or the making,
alteration or destruction of a valuable
security.
1 2 310
Marrying again during the life-time 494 The husband or wife of the person so
of a husband or wife. marrying.
Defamation against the President or the 500 The person defamed.
Vice-President or the Governor of a
State or the Administrator of a Union
territory or a Minister in respect of his
public functions when instituted upon
a complaint made by the Public
Prosecutor.
Uttering words or sounds or making 509 The woman whom it was intended to
gestures or exhibiting any object insult or whose privacy was intruded
intending to insult the modesty of a upon.”;
woman or intruding upon the privacy of
a woman.
(iii) for sub-section (3), the following sub-section shall be substituted, namely:—
"(3) When an offence is compoundable under this section, the abetment
of such offence or an attempt to commit such offence (when such attempt is
itself an offence) or where the accused is liable under sections 34 or 149 of the
Indian Penal Code may be compounded in like manner.".
24. In section 327 of the principle Act,—
(a) in sub-section (2), after the proviso, the following proviso shall be inserted,
namely:—
"Provided further that in camera trial shall be conducted as far as
practicable by a woman Judge or Magistrate.";
(b) in sub-section (3), the following proviso shall be inserted, namely:—
"Provided that the ban on printing or publication of trial proceedings in
r e l a t i o n t o a n o f f e n c e o f r a p e ma y b e l i f t e d , s u b j e c t t o ma i n t a i n i n g
confidentiality of name and address of the parties.".
25. In section 328 of the principal Act,—
(a) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) If the civil surgeon finds the accused to be of unsound mind, he
shall refer such person to a psychiatrist or clinical psychologist for care,
treatment and prognosis of the condition and the psychiatrist or clinical
psychologist, as the case may be, shall inform the Magistrate whether the
accused is suffering from unsoundness of mind or mental retardation:
Provided that if the accused is aggrieved by the information given by the
psychiatric or clinical psychologist, as the case may be, to the Magistrate, he
may prefer an appeal before the Medical Board which shall consist of-
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college;’’
(b) for sub-section (3), the following sub-sections shall be substituted, namely:—
"(3) If such Magistrate is informed that the person referred to in subsection (1A) is a person of unsound mind, the Magistrate shall further
determine whether the unsoundness of mind renders the accused incapable of
entering defence and if the accused is found so incapable, the Magistrate shall
record a finding to that effect, and shall examine the record of evidence
produced by the prosecution and after hearing the advocate of the accused but
A m e n d m e n t
of s e c t ion
3 2 7 .
A m e n d m e n t
of s e c t ion
3 2 8 .
1 2 311
without questioning the accused, if he finds that no prima facie case is made
out against the accused, he shall, instead of postponing the enquiry, discharge
the accused and deal with him in the manner provided under section 330:
Provided that if the Magistrate finds that a prima facie case is made out
against the accused in respect of whom a finding of unsoundness of mind is
arrived at, he shall postpone the proceeding for such period, as in the opinion of
the psychiatrist or clinical psychologist, is required for the treatment of the
accused, and order the accused to be dealt with as provided under section 330.
(4) If such Magistrate is informed that the person referred to in subsection (1A) is a person with mental retardation, the Magistrate shall further
determine whether the mental retardation renders the accused incapable of
entering defence, and if the accused is found so incapable, the Magistrate shall
order closure of the inquiry and deal with the accused in the manner provided
under section 330.".
26. In section 329 of the principal Act,—
(a) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) If during trial, the Magistrate or Court of Sessions finds the accused
to be of unsound mind, he or it shall refer such person to a psychiatrist or
clinical psychologist for care and treatment, and the psychiatrist or clinical
psychologist, as the case may be shall report to the Magistrate or Court whether
the accused is suffering from unsoundness of mind:
Provided that if the accused is aggrieved by the information given by the
psychiatric or clinical psychologist, as the case may be, to the Magistrate, he
may prefer an appeal before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college.’’;
(b) for sub-section (2), the following sub-sections shall be substituted, namely:—
"(2) If such Magistrate or Court is informed that the person referred to in
sub-section (1A) is a person of unsound mind, the Magistrate or Court shall
further determine whether unsoundness of mind renders the accused incapable
of entering defence and if the accused is found so incapable, the Magistrate or
Court shall record a finding to that effect and shall examine the record of evidence
produced by the prosecution and after hearing the advocate of the accused but
without questioning the accused, if the Magistrate or Court finds that no prima
facie case is made out against the accused, he or it shall, instead of postponing
the trial, discharge the accused and deal with him in the manner provided under
section 330:
Provided that if the Magistrate or Court finds that a prima facie case is made out
against the accused in respect of whom a finding of unsoundness of mind is arrived
at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or
clinical psychologist, is required for the treatment of the accused.
(3) If the Magistrate or Court finds that a prima facie case is made out
against the accused and he is incapable of entering defence by reason of mental
retardation, he or it shall not hold the trial and order the accused to be dealt
with in accordance with section 330.".
27. For section 330 of the principal Act, the following section shall be substituted,
namely:—
A m e n d m e n t
of s e c t ion
3 2 9 .
Substitution
of new section
for sect
