Bare ActsThe west bengal separation of judicial and executive functions act, 1970

Section 66

Amendment status not verified — confirm the current text below against the official source.

Seclion 191 shall be re-numbered as sub-seclion (1) [hereof and,- ( I ) in sub-section (1) as s o re-numbered, for the word "Magistrale", whcrcvcr it occurs, the words "Judicial Magisrrale" shall be substituted; and (2) after sub-section (I) as so re-numbercd, the following sub- seclion shall be inserled, namely:- "(2) When an Executive Magistrate takes cognizance of an offcnce undcr sub-section (1 A) OF seclion 190, he shall uansfer h e case to a Judicial Magisirate having jurisdiclion lo try the same and shall send lhe accuscd to such Magistnte, or may, subject to Ihe provisions of lhis Code, release him on bzlil on laking From him a bond wilhor wilhoul sureties for his appearance before such Magis~rate.". (1) in sub-section ( I ) , for the words "or Sub-divisional Magistrate", th-eiewords ", Sub-divisionalExecutiveMagis~n~e or Sub-divisional Judicial Magistmre" shall be substituted; (2) for sub-scction (2), the Following sub-section shall be subslituled, namely:- "(2) Any DjstricrMagisuaremay ernpowerany Execu~ve Magistme of the first class who has taken cognizance of any case to lransfer the same for inquiry lo any other specified Execulive Magislralc within the dislrict who is compelent under this Code to hold such inquiry."; and (3) after sub-seclion (21, [he folIowing sub-scclion shall be inserted, namely:- "(3) Any Chiefpresidency Magistrate or Sessions Judge may empower a Presidency Magistrate or any Judicial Magistra~e of the first class, as the case may be, subordinate lo him who has lakcn cognizance of any case to tmsfer the same lo any olher Presidency Magistralc or Judicial Magistrare, as the case may be, who is cornpelenl under [his Code to cry the accused or commir him for Irial, and such Presidency Magistr~te or Judicial Magistrate may dispose'of [he case accordingly .". The West Bellgal Seporutiotr oj Jrrdicinl and heclrrive F~rtic~ions Acr, 1970.

Section 66 – The west bengal separation of judicial and executive functions act, 1970 | DailyLaw.ai