Amendment status not verified — confirm the current text below against the official source.
Cognizance of of ences other law for the tIme emg 11 •• ' eXpressly provided by this Code or ?y any f any offence as a COllrt of ongm~l no Cou t f S '.. shall take cognizance ~ d to I't by a Magistrate under thIS '. r 0 eSSlOn b en commItte Junsdiction unless the case has e COde. Scarmed by CamScarmer STATE AMENDMENTS ' Punjab a"nd Union Territory of Chandigarh: In section 374, in sub-section (3), for the words "Magistrate of the substitute the words "Executive Magistrate". [Vide Punjab Act 22 of 1983, sec. 9 (w.e.f. 27-6-1983).] ,/ rOMM""'T'l . 1 • • STATE AMENDMENT Punjab and Union Territory of Chandigarh: In relation to the "specified offences" as defined in clause (b) of section 2 of the Codp of Criminal Procedure (Punjab Amendment) Act, 1983 (22 of 1983), in section 437, after sub-section (7), insert the following sub-section, namely:- The Code of Criminal Procedure, 1973 255 -(8) Before releasing the accused on bail under sub-section (1.) or _. _section (2), the court shall give the prosecution a reasonable opportumty to ;ow-ca \1se <lg<linst such release." 'ide punjab Act 22 of 1983, sec. 10 (w.e.f 27-6-1983).] r()M~At::l\.1TC:: The Code of Criminal Procedure, 1973 259 "J Section 438 ma~es no distinction w.hether the arrest is apprehended at the hands i;e pobce Mar dat) the Instance of the MagIstrate; Sennnsi v. State of Tamil Nndrl, (1997) 3 -~m es 112 ( a . • (vi) The grant of bail ~lnder section 438 (1) by the High Court or the Court of Session is dependent on the ments of a. case and not the order of the Magistrate choosing to summon an accu~ed through bailable or non-bailable warrant; Semwsi v. State of Tnmil Nadu, (1997) 3 Crimes 112 (Mad)"/