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naman jain   12 May 2022

Crpc applicability

As it is mentioned that state legislature may modify the provisions of Crpc.
Does any state has done so.


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 1 Replies

Vaibhav   12 May 2022

Hello Naman,

Yes, there have been instances of State Governments modifying the provisions of the Code of Criminal Procedure, 1973.

For instance, back in 2016, the State Government of Maharashtra amended Section 156 (3) and Section 190 (1)(g) of CrPC, 1973. The primary reason for the amendment was to protect public officials from frivolous complaints/cases. The amendment necessitated prior approval from a competent authority before a probe could be ordered against public servants.

Further, in the year 2019, the State Government of Uttar Pradesh amended Section 438 of CrPC, by re-inserting the provision of anticipatory bail.

Likewise, there have many similar amendments by the State Governments.

(Kindly note that the context of this answer is to provide general information about the aforementioned question. Please feel free to correct me if any part/information of my answer is wrong)

Regards,

Vaibhav

(Law Student)


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