Section 439 in The Code of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court ... section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application
Section 438 in The Code of Criminal Procedure, 1973
438. Direction for grant of bail to person apprehending arrest.
- [(1) Where any person has reason ... Penal Code.] [Inserted by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated 11.8.2018.]
Maharashtra.- For Section 438 of the Code of Criminal Procedure
Section 164 in The Code of Criminal Procedure, 1973
164. Recording of confessions and statements.
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether ... punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, [section 376A, section
Section 161 in The Code of Criminal Procedure, 1973
161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter ... woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section
cheating punishable under Section 420 IPC, the same
has been made compoundable under sub-section (2) of Section 320
CrPC with the leave ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
section 376DA, section 376DB or section 376E of the Indian Penal Code shall be completed within two months.] [Inserted by the Code of Criminal Procedure ... Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 16 (b).] ] [or section 376E of the Indian Penal Code of the Indian Penal
Criminal Procedure, 1973, in relation to
cognizable offence punishable under Section 326A, Section 326B,
Section 354, Section 354B, Section 370, Section 370A, Section 376,
Section ... 376A, Section 376B, Section 376C, Section 376D, Section 376E,
Section 509 shall be punished with rigorous imprisonment for a term
which shall not be less
final report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... that the principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376 ... section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] [Inserted by Criminal Law (Amendment) Act, 2013 ] section 376E or section
under Section 438 of the Code is exactly
like the orders of bail passed under Sections 437 and 439 of
the Code; the Code does ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
