Criminal Law Amendment Act, 1958

Criminal Law Amendment Act, 1958

 

Section 6A

Emergency Powers Rules, 2007

Rule 19Ka – Time limit under both the
provisions is held directory, and not mandatory.

As there is no
consequence provided, in the event of the failure to conclude trial within the
time specified the apex court held the provisions of 339C of the Code of
Criminal Procedure, 1898, section 6A of Criminal Law Amendment Act, 1958 and
rule 19Ka of the Emergency Power Rules, 2007 as directory and not mandatory. However the apex further
advised to take disciplinary action against the judge concerned for his willful negligence in not
complying with the provisions of the law in appropriate cases.

A.H.M. Mustafa Kamal @ Lotus Kamal Vs.
Government of Bangladesh 14 MLR (2009) (AD) 45.

 

Criminal Law Amendment Act, 1958

Section 6(5) – Sanction as sought for by the Special judge
of the Government for persecution of the accused to be accorded within 60 days
on the expiry of which it shall be presumed that sanction has been duly accorded.
Subsequent refusal to accord sanction after 60 days is of no consequence.

The Appellate Division held the
position of law under section 6(5) of the Criminal Law Amendment Act, 1958 is
clear and as such set aside the impugned judgment and order of the High Court Division and directed the Special
Judge, Sunamganj to proceed with the Special case in accordance with law.

Malek Hussain Pir Vs. Begum Nurjahan
Khanam and others 15 MLR (2010) (AD) 109.

Criminal
Law Amendment Act, 1958

Section 9 Provides for confiscation of property to the
extent connected with the offence – When
the charges under section 5(2) of the Prevention of Corruption Act, 1947 read
with section 109 of the Penal Code, 1860 are established section 9 of the
Criminal Law (Amendment) Act, 1958 imposes a duty upon the trial judge hath he
imposes a sentence of imprisonment or not, he shall impose a sentence of fine
and pass an order confiscating the property of the accused connected with the
offence. The apex court held that the confiscated property cannot be restored
to the offender.

M.A. Sattar and others Vs. The State
14 MLR (2009) (AD) 168.

 

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