Bihar Gazette, 19 October 2023

REGISTERED NO. PT.-40

EXTRA ORDINARY

PUBLISHED BY AUTHORITY 27 ASVINA 1945(S)

(NO.PATNA 851) PATNA, THURSDAY, 19TH OCTOBER 2023 PATNA HIGH COURT ——— NOTIFICATION 19th October 2023 Addenda and Corrigenda to Criminal Court Rules of the High Court of Judicature at Patna (Volume-I) (Third Edition) C.S. (Crl.) No. – 101

No. (X-04-2022) 604(R)/Rules Department--In compliance of the directions given vide Order dated 01.11.2022 passed by Hon'ble Supreme Court of India in Contempt Petition (C) No. 555 of 2022 in SLP (Crl.) No. 5073 of 2011 (Eega Soumya Vrs. M. Mahender Reddy & Ors.) read with Hon'ble Supreme Court's order dated 25.04.2014 passed in SLP (Crl.) No. 5073/2011 (State of Karnataka by Nonavinakere Police Vrs. Shivanna @ Tarkari Shivanna) and judgement dated 08.10.2020 passed in Criminal Appeal No.-659 of 2020 (Miss 'A' vrs. State of Uttar Pradesh and Anr.), amendments have been made in the Criminal Court Rules of the High Court of Judicature at Patna (Volume-I) with immediate effects vide C.S. (Criminal) No.100 published vide Gazette Notification No.827 dated 13.10.2023.

1. The words "A copy of the rape immediately medically examined" in sub-rule-v of the Rule 29-C— Procedure to be followed in cases of rape and gang rape lodged under section 376 IPC— inserted after Rule-29B under Part-I, Chapter- III (Confession and Statements of Accused-Section 164 Cr.P.C.) of the Criminal Court Rules of the High Court of Judicature at Patna (Volume-I) vide C.S. (Criminal) No.100 shall be omitted. 2 BIHAR GAZETTE (EXTRA) 19TH OCTOBER 2023 2. This way, the aforementioned amended sub-rule (v) of Rule 29-C shall be read

Existing	The rule so amended shall be read as follows:
(v) Medical Examination of the victim: Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C."	(v) Medical Examination of the victim : Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C."

Existing

The rule so amended shall be read as follows:

(v) Medical Examination of the victim: Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C."

(v) Medical Examination of the victim : Section 164 A Cr.P.C. inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C."

3. The amendment shall come into force with immediate effect. 4. All the existing Rules, notifications, general letters, orders and directions shall also stand modified to this extent.

By Order of the Court, RUDRA PRAKASH MISHRA, Registrar General.

——— PUBLISHED AND PRINTED BY THE SUPERINTENDENT, BIHAR SECRETARIAT PRESS, PATNA, BIHAR GAZETTE (EXTRA) 851—571+500 Website:http://egazette.bih.nic.in