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Section 32   [ View Judgements ]

Amendment of section 378


In section 378 of the Principal Act,--



(i) for sub-section (1), the following sub-section shall be substituted, namely:--



"(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),--



(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;



(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.";



(ii) in sub-section (2), for the portion beginning with the words "the Central Government may" and ending with the words "the order of acquittal", the following shall be substituted, namely:--



"the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal--



(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;



(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision";



(ii) in sub-section (3), for the words "No appeal", the words "No appeal to the High Court" shall be substituted.

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