7A. The Code of Criminal Procedure, 1898, to apply subject to certain modifications.
- The provisions of the Code of Criminal Procedure, 1898, shall, in their application to any proceeding in relation to an offence punishable under Section 161, Section 165 or Section 165A of the Indian Penal Code, or under Section 5 of this Act, have effect as if, -(a)in sub-section (8) of Section 251A, for the words "The accused shall then be called upon the words "The accused shall then be required to give in writing at once or within such time as the Magistrate may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely, and he shall then be called upon" had been substituted;(b)in sub-section (1,1) of Section 3, 4, after the second proviso, the following proviso had been inserted, namely :-Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under Section 435 has been made by a party to the proceeding;(c)in sub-section (1) of Section 435, before the Explanation, the following proviso had been inserted, namely :-"Provided that where the powers under this sub-section are exercised by a Court on an application made by a party to such proceedings, the Court shall not ordinarily call for the record of the proceeding :-(a)without giving the other party an opportunity of showing cause why the record should not be called for; or(b)if it is satisfied that an examination of the record of the proceeding may be made from the certified copies thereof;and in any case, the proceedings, before the inferior Court shall not be, stayed except for reasons to be recorded in writing";(d)after sub-section (2) of Section 540A, the following sub-section had been inserted, namely : -"(3) Notwithstanding anything contained in sub-section (1) or subsection (2), the Judge or Magistrate may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination".
