Section 7A in The Prevention of Corruption Act, Svt. 2006 [Jammu and Kashmir]
7A. The Code of Criminal Procedure, Samvat 1989 to apply subject to certain modification
The provisions of the Code of Criminal Procedure, Samvat 1989, shall in their application to any proceeding in relation to an offence punishable under the provisions of this Act, have effect as if,—(a)sub-section (8) of section 251-A had been substituted by the following, namely:—"(8) The accused shall then be required to give in writing within such time as the Magistrate may allow a list of persons, if any, whom he proposes to examine as his witnesses and of the documents, if any, on which he proposes to rely and shall then be called upon his defence and produces evidence and if the accused puts in any written statement, the Magistrate shall file it with record:Provided that in case the accused does not disclose the name of the witnesses for fear of tempering with, he may not disclose the names in which case he will be bound to produce the witnesses on his own responsibility on the next date of hearing without the assistance of the Court and will not claim any further adjournment on this count."(b)in sub-section (1-a) of section 344, 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 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 proceeding, 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 shall 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)In sub-section (1) of section 497, after second proviso the following proviso shall be inserted, namely :—"Provided also that no person accused of an offence under Prevention of Corruption Act, Samvat 2006, shall be released on bail unless an opportunity of being heard is provided to the Public Prosecutor to oppose the bail application."
