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Bare acts > Code of Criminal Procedure (Amendment) Act, 2008 > Section 14
 
 
  

14. Amendment of Section 167.- In section 167 of the principal Act, in sub-section (2),-


(a) in the proviso,-

(i) for clause (b), the following clause shall be substituted, namely:-

"(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;";

(ii) for Explanation II, the following Explanation shall be substituted, namely:-

"Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.";

(b) after the proviso, the following proviso shall be inserted, namely:- "Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.".

 
 

 

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