Arvind Singh Chauhan
(Querist) 14 October 2009
This query is : Resolved
Sir, Please tell me whether state govt is bound to follow the amendment introduced by parliament in a central Act or it requires special notification by concern state govt. to make it enforceable in such state. New chapter is added in Cr.P.C. as plea of bargaining but magistrates says there is not any notification. whether it is so, while the amendment act specially provides that, it is enforceable in whole the territory of india except J&K.
Raj Kumar Makkad
(Expert) 14 October 2009
Your quarry contains two parts. In response to first part of quarry I am of the definite opinion that no specific notification is required by any particular State Govt. in India to allow any Act within boundaries of that particular State/province because Central Act itself is enforceable.
So far as enforcement of Plea Bargaining is concerned, it is to bring in your kind knowledge that though Act has been amended but the notification by Central Govt. for its implementation is still awaited.
(Expert) 15 October 2009
1]YES, STATE GOVT.IS BOUND TO FOLLOW THE AMENDMENT INTRODUCED BY PARLIAMENT IN CENTRAL ACT,CENTRAL ACT IS ITSELF IS ENFORCEABLE. 2]IN MY OPINION IN CR.P.C.CHPTER XXIA OF BLEA BARGAING IS ADDED BY AMENDMENT ACT WITH EFFECT FROM 05/07/2006.HENCE THERE IS NO QUESTION ARISE OF ANY NOTFICATION.