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Report No. 135 Recommendation II Certain other amendments are also necessary in the Code of Criminal Procedure, 1973, as under:- (1) Section 53(2) of the Code should be deleted. (See para 2.6) [This in consequential on the changes made by Recommendation No. 1 supra. See proposed section 450C(2)] (2) In section 160(1) of the Code of Criminal Procedure, 1973, the proviso should be deleted. (See para. 2.10) [Consequential on proposed section 450D, Cr. P.C.] (3) Section 416 of the Code should be revised as under: "416. Death sentence on pregnant woman.-If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to one of imprisonment for life." (See para. 2.13). (4) The first proviso to section 437(1) of the Code of Criminal Procedure, 1973 should be revised as under: "Provided that where the person referred to in clause (i) or clause (ii) is under the age of sixteen years or is a woman or is sick or infirm, the court shall direct that such person shall be released on bail, unless the court, for reasons to be recorded, considers it proper not to release such person on bail." (See para. 2.23).    |
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