रजिस्ट्री सं० डी० एल०( एन) 04/0007/2003-12 REGISTERED NO . DL- ( N ) 04/ 0007/ 2003-12
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार, फरवरी 22, 2013/फाल्गुन 3 , 1934 (शक)
सं 21 No. 2 ] NEW DELHI, FRIDAY, FEBRUARY 22 , 2013/ PHALGUNA 3, 1934 ( SAKA)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
RAJYA SABHA
ThefollowingBill was introduced in the Rajya Sabha on the 22nd February, 2013 :-
BILL NO . LXIX OF 2012
A Billfurther to amend the Code of Criminal Procedure, 1973 .
BE itenacted by Parliament in the Sixty -third Year of the Republic of India as follows:-
1. ( 1 ) This Act may be called the Code of Criminal Procedure (Amendment ) Act, 2012.
Short title and commencement .
(2) Itshall come into force on such date as the Central Government may, by notification inthe Official Gazette .
2.( 1) In section 309 of the Code of Criminal Procedure 1973 ,
Amendment of Section 309 ofAct 2 of 1974.
(a) in sub-section ( 1 ) for the words " as expeditiously as possible " the words "within one year " shall be substituted;
(b) in sub -section ( 1 ) after the existing proviso following proviso shall be inserted, namely:-
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
"Provided further that no such adjournment shall be granted more than three times to a party during hearing of the suit. " .
(c) insub -section (2) the following proviso shall be inserted , namely:-
"Provided again that penal cost be imposed against the party who seeks and obtains adjournment during the trial which shall include the expenses incurred by the opposite party as well as the Court , the expenses of the witnesses who have come for giving evidence and or rupees five lakh per adjournment after the maximum permissible limit of adjournments under sub - section ( 1) of section 309 has been exhausted . " 3
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
STATEMENT OF OBJECTS AND REASONS
India has one of the highest court cases backlog which is seriously threatening the democratic setup and undermining the common law justice system. Number of cases are piling up every year to the point that there are 2,79,53,070 cases pending in various courts by the end of March , 2011. The right to speedy and a fair trial has been held as a fundamental right by the Honourable Supreme Court but sadly, the situation has not improved . The Malimath Committee which was formed in the year 2000 suggested that the adjournments should not be used as a tool for delaying the justice by the Courts and recommended penal imposition to the party which demands adjournments. The Code of Civil Procedure , 1908 grants a maximum of three adjournments . The Consumer Protection Act , 1986 mandates that the verdict of a case should be pronounced within three to five months . There is no limit to adjournments in criminal cases and this leads to delaying the case by filing frivolous adjournments . The Bill seeks to amend the section 309 of the Criminal Procedure Code .
Hence this Bill .
PRAKASH JAVADEKAR .
SHUMSHER K. SHERIFF, Secretary-General.
PUBLISHED BY THE SECRETARY - GENERAL , RAJYA SABHA , UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABНА .
GMGIPMRND-5001GI (S4)-11-03-2013.