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CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2010
NO. 41 OF 2010
[21st September, 2010.]
An Act further to amend the Code of Criminal Procedure, 1973.
Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
1. Short title and commencement. -
(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 41. - On and from the date of commencement of section 5 of the Code of Criminal Procedure (Amendment) Act, 2008, in section 41 of the Code of Criminal Procedure, 1973 [as amended by section 5 of the Code of Criminal Procedure (Amendment) Act, 2008], in sub-section (1), in clause (b), the following proviso shall be inserted at the end, namely:—
"Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.".
3. Amendment of section 41A. - On and from the date of commencement of section 6 of the Code of Criminal Procedure (Amendment) Act, 2008, in section 41A of the Code of Criminal Procedure, 1973 [as inserted by section 6 of the Code of Criminal Procedure (Amendment) Act, 2008],—
(a) in sub-section (1), for the words "The police officer may", the words "The police officer shall" shall be substituted;
(b) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
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