Amendment status not verified — confirm the current text below against the official source.
Procedure to be followed by officers and Magistrates in certain cases. (1) Notwithstanding anything contained in Secs. 129, 130, sub-section (2) of Sec. 167, and Sec. 173 of the Code of Criminal Procedure, 1898 (V of 1898)- (i) the powers and duties of a Magistrate under Sees. 129. and 130 of that Code may, in 1[any area under the charge of a Commissioner], be exercised and performed by the Commissioner. (ii) the Presidency Magistrate in Greater Bombay to whom an accused person is forwarded under sub-section (9) of Sec. 167 of the Code, 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 for a term not exceeding fifteen days at a time. (iii) the officer in charge of the Police station shall forward his report under Sec. 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf. (2) Nothing contained in Sec. 62 of the Code of Criminal Procedure, 1898 (V of 1898), shall operate to require any officer-in-charge of a Police Station in 2[any area under the charge of a Commissioner] to submit any report provided for by that section to any Magistrate. (3) Sections 127 and 128 of the Code of Criminal Procedure, 1898 (V of 1898), in their application to Greater Bombay 3[any other area for which a Commissioner has been appointed] shall be amended as follows :- (a) in Sec. 127, for the words “police station” the words “section or any police officer not below the rank of a sub-inspector authorised by the State Government in this behalf” shall be substituted; (b) in Sec. 128, for the words “police station whether within or without the presidency-towns” the words and figures “section or any police officer authorised under Sec. 127” shall be substituted.