The Gujarat Separation of Judicial and Executive Functions (Extension) and the Code of Criminal Procedure (Provisions for Uniformity) Act,1958

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Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]

GOVERNMENT OF GUJARAT

LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. XCVII OF 1958
The Bombay Separation of Judicial And
Executive Functions (Extension) and The
Code of Criminal Procedure (Provision For
Uniformity) Act, 1958

(As modified upto the 31st October, 2006)
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]

THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (EXTENSION)
AND THE CODE OF CRIMINAL PROCEDURE (PROVISION FOR UNIFORMITY) ACT, 1958.
....................................
CONTENTS
PREAMBLE PAGE
NO.
SECTIONS.
1. Short title, extent and commencement. 1
2. Separation of judicial and executive functions and uniformity 1
of Criminal Procedure Code, throughout State and
consequential provisions.
3. Amendments not to render invalid notifications, orders, etc., 1
issued before commencement of this Act.
4. Savings. 2
5. Power to remove difficulties. 2
FIRST SCHEDULE
SECOND SCHEDULE
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
BOMBAY ACT No. XCVII OF 1958.1
[THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (EXTENSION)
AND THE CODE OF CRIMINAL PROCEDURE (PROVISION FOR UNIFORMITY) ACT, 1958].
[5th December, 1958]
An Act to provide for the separation of the performance of judicial and executive
functions by officers throughout the State of Bombay, to provide for uniformity in the
Code of Criminal Procedure, 1898, in its application to the whole of
the State, and for matters connected with the purposes aforesaid.
WHEREAS the separation of the performance of judicial and executive functions by
officers has been effected by law only in certain areas of the State of Bombay ;
AND WHEREAS it is now expedient to provide for such separation of functions
throughout the State;
AND WHEREAS it is also expedient to provide for uniformity in the provisions of the
Code of Criminal Procedure, 1898, in its application to the whole of the State of
Bombay, and to provide for matters connected with the purposes aforesaid ; It is hereby
enacted in the Ninth Year of the Republic of India as follows :-
1. (1) This Act may be called the Bombay Separation of Judicial and Executive
Functions (Extension) and the Code of Criminal Procedure (Provi sion for
Uniformity) Act, 1958.
(2) It extends to the whole of the State of Bombay.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. For the purpose of effecting, by law, the separation of the judicial and executive
functions by officers throughout the State of Bombay, and also for proving for
uniformity in the provisions of the Code of Criminal Procedure, 1898, in its
application throughout the State, on the commencement of this Act, the Code
of Criminal Procedure, 1898 (hereinafter referred to as “ the Code ”) as in force
immediately before such commencement in the pre- Reorganisation State of
Bombay (excluding the transferred territories), shall be so in force throughout
the State of Bombay ; and accordingly-
(a) (i) all amendments made by any law in the provisions of the Code
(whether) by way of modifications thereto, substitutions thereof,
deletions therefrom, insertions therein, additions thereto, or
otherwise) in the application exclusively of the Code to any of
the areas at present forming the Saurashtra area, Kutch area,
Hyderabad area or Vidarbha region, of the State of Bombay, and
in particular the amendments made in the Code by the Acts
specified in the First Schedule to this Act, shall cease to have
effect and shall stand repealed ; and
(ii) all amendments made to the code in its application to the
pre-Reorganisation State of Bombay (excluding the transferred
territories), and in force at the commencement of this Act, shall
be deemed to be extended to, and sh all be in force in, the
remaining part of the State and the relevant provisions of the
V of 1898.
Short title,extent
and
commencement.
Separation of judicial
and executive
functions,and
uniformity of
Criminal Procedure
Code,through out
State,and
consequential
provisions.
V of 1898.
V of 1898.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
Code shall be deemed to be amended (whether by way of
modification thereto, substitution thereof, deletion therefrom,
insertion therein, addition thereto, or otherwise) accordingly ;
(b) the amendments made to the Central Acts (other than the Code), in
their application to the pre -Reorganisation State of Bombay, by the
Bombay Separation of Judicia l [(Amendment) Act, 1953, and the
Bombay Separation of Judicial] and Executive Functions
(Supplementary) Act, 1954, shall be deemed to be extended to, and
shall be in force in the remaining part of the State of Bombay, to which
such Central Acts extend ; a nd accordingly, those provisions in Central
Acts in their application to the various areas of the State shall be
deemed to be amended (whether by way of modification thereto,
substitution thereof, deletion therefrom, insertion therein, addition
thereto, or otherwise) and any amendments already made in those
Central Acts and in force immediately before the commencement of this
Act in any area of the State, which amendments conflict with or
correspond to the amendments now extended, shall be repealed ;
(c) the laws specified in Parts I, II, III and IV of the Second Schedule shall be
amended in the manner and to the extent specified in the fourth
column of the said Schedule ;
(d) in sections 6 and 7 of the Code in its application to the State of Bo mbay,
for the words “ pre -Reorganisation State of Bombay, excluding the
transferred territories ” the words “ State of Bombay ” shall be
substituted, and in the Schedule to the Central Acts on State and
Concurrent Subjects (Bombay Adaptation) Order, 1957, all entries
relating to the Code of Criminal Procedure, 1898, shall be deleted.
3. The provisions of this Act which amend the Code, or any other Central Act s, or
the State Acts specified in the second Schedule, so as to alter the manner in
which, the authority or the law under which or in accordance with which, any
powers are exercisable shall not render invalid any notification, order,
commitment, [before the commencement of this Act; and any such notification,
order, commitment], attachment, bye- law, rule or regulation or thing may be
revoked, varied of undone in the like manner and to the like extent, and in the
like circumstances, as if it had been done after the commencement of this Act
by the competent authority and in accordance with the provisions then
applicable to such a case.
4. (1) Save as provided in this section, nothing in this Act shall be deemed to
affect-
(a) the validity, invalidity, effect or consequence of anything done or
suffered to be done in any area before the date on which the
provisions of this Act come into force therein ;
(b) any right, privilege, obligation or liability already acquired,
accrued or incurred before such date ;
(c) any penalty, forfeiture or punishment incurred or inflicted in
respect of any act before such date ;
Bom. XXIII of
1951.
Bom. XXIIV of
1953.
Bom. VIII of
1954.
V of 1898.
Amendents not to
render invalid
notifications,
orders,etc. issued
before
commencement
of this Act.
Savings.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
(d) any investigation, legal proceeding or remedy in respect of such
right, privilege, obligation, liability, penalty, forfeiture or
punishment ;
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed in accordance
with the provisions of the relevant Acts as amended by this Act.
(2) All legal proceedings pending before a Magistrate or Court on the date
on which this Act comes into force shall, if such Magistrate or Court
ceases to have jurisdiction in respect of such proceedings under the
provisions of the relevant Act s as amended by this Act, stand
transferred to the Magistrate or Court having jurisdiction under the
provisions of by such Magistrate or Court, and such Magistrate and
Court shall have all the powers and jurisdiction thereof as if they had
been originally instituted before such Magistrate or in such Court.
5. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may by order do anything, not inconsistent with such
provisions and for the furtherance of the purposes set out in section 2
which appears to it to be necessary or expedient for the purpose of
removing the difficulty.
FIRST SCHEDULE.
[See section (2) (a) (i).]
......................................................................................................................................
1 2
......................................................................................................................................
Saurashtra Laws … 1. The Saurashtra Separation of Judicial and Executive
Functions Act, 1952 (Sau. Act IV of 1952).
2. The Code of Criminal Procedure (Saurashtra
Amendment) Act, 1955 (Sau. Act XLV of 1955).
Madhya Pradesh Laws … 3. The Code of Criminal Procedure (Central Provinces
and Berar Amendment) Act, 1936 (C. P. and Berar Act
No. XIX of 1936).
4. The Madhya Pradesh Criminal Procedure Code
(Amendment) Act, 1950 (Madhya Pradesh Act No. L
of 1950).

......................................................................................................................................

Power to remove
difficulties.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
SECOND SCHEDULE.
[See section 2 (c). ]
PART I.
Acts in force in the Saurashtra area of the State of Bombay.
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
1892 I The Bombay In section 23, in sub-section (1), for the words
District “ a Magistrate ” the words, “ a Taluka Magistrate ”,
Vaccination shall be substituted.
Act, 1892.
1951 XXXI The Saurash- (1) In section 11,–
tra Habitual (i) for sub-section (1), the following shall
Offenders be substituted, namely :-
Restriction “(1) Where an order of restriction is
Act, 1951. made against any person, the Court o r
Magistrate making such order or
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
the Court of Magistrate to whom an
appeal would lie against such order
under section 13 may at any time on
its or his own motion or on an
application from such person and for
sufficient reasons to be recorded in
writing, make an order canceling or
modifying the order of restriction.” ;
(ii) sub-section (3) shall be deleted.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
(2) In section 13,-
(i) in clause (i), for the words “ by a
magistrate ” the words “ by an
Executive Magistrate ” shall be
substituted ;
(ii) in clause (ii), for the words “ Magistrate
sub-ordinate to it ” the words “ Judicial
Magistrate or a District Magistrate ”
shall be substituted.
1952 XXIX The Saurashtra In section 5, in the first proviso, for the words
Identification “ except by a Magistrate of the first class ” the
of Prisoners words “ except by the District Magistrate, a Sub-
Act, 1952. Divisional Magistrate, or a Magistrate of the first
class ” shall be substituted.
1956 XXIX The Saurashtra In section 46, for the words beginning with the
word
Children “ elsewhere ” and ending with the words “is
Act, 1956. situated ” the following shall be substituted,
namely :-
“elsewhere of the Court which passes any order
under this Act in respect of the child.”
......................................................................................................................................
PART II.
Acts in force in the Kutch area of the State of Bombay.
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
1867 VIII The Bombay (1) In section 1, the following paragraph shall
Village be added, namely :-
Police “The term ‘ Executive Magistrate ’ when
Act, 1867. used in this Act has the meaning assigned
to it in the Code of Criminal Procedure,
1898. ”
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
(2) In section 6, for the words “ the Magistrate ”
where they occur for the second time, the
words “ any other Executive Magistrate ” shall
be substituted.
(3) In section 8, for the words “ the Magistrate ”
the words “ the Executive Magistrate ” shall
be substituted.
(4) In section 9, and 9A, for the words “ any
Magistrate of the first class ” and “ Any
Magistrate of the first class ” the words “ the
Magistrate of the District ” and “ The
Magistrate of the District ” shall respectively
be substituted.
(5) In sections 19 and 21 for the words “ the
Magistrate ” the words “ the Executive
Magistrate ” shall be substituted.
1892 I The Bombay In section 23, in sub-section (1), for the words
District “ a Magistrate ” the words “ a Taluka Magistrate ”
Vaccination shall be substituted.
Act, 1892.
1923 VI The Bombay In section 113–
Local Boards (i) for the words “ Magistrate or Bench of
Act, 1928. Magistrates ” the words “ Judicial Magistrate
or Bench of such Magistrates ” shall be
substituted, and
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
(ii) for the words “ State Government or of the
District Magistrate ” the words “ Sessions
Judge ” shall be substituted.
1925 XVIII The Bombay (1) For sub-section (1) of section 110, the
Municipal following shall be substituted, namely :-
Boroughs “(1) Appeals against any claim included in
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
Act, 1925. a bill presented under sub -section (1) of
section 104 may be made to any Judicial
Magistrate or Bench of such Magistrates by
whom under the direction of the Sessions
Judge such class of cases is to be tried. ”
(2) In sub -section (3) of section 180, for the
words “ a Magistrate exercising not less than
second class powe rs ” the words “ a Taluka
Magistrate ” shall be substituted.
(3) In sub -section (1) of section 183, for the
words “ a Magistrate of the first class ” the
words “ a Taluka Magistrate ” shall be
substituted.
(4) In section 189, for the words “Magistr ate of
the first class” the words “ Executive
Magistrate ” shall be substituted.
(5) In section 196, for the words “ Magistrate of
the first class ” the words “ Executive
Magistrate ” shall be substituted.
1938 XIX The Bombay In section 3,-
Probation of (i) in sub-section (1), clauses (c) and (d)
Offenders, shall be deleted, and
Act, 1938. (ii) in sub-section (3), the words “ or Sub
Divisional Magistrate ” shall be deleted.
......................................................................................................................................
PART III.
Acts in force in the Hyderabad area of the State of Bombay.
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
1355 II The Forest In section 70, for the words “ The District
Act, 1355F Magistrate or the Magistrate of the first class
especially empowered in this behalf by the
Government ” the words “ Any Magistrate of the
first class specially empowered in this behalf by the
State Government in consultation with the High
Court ” shall be substituted.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
1951 XXXII The Hyderabad (1) In section 3,–
Children Act, (i) for the brackets, letters and words “
1951. (c) a District Magistrate, (d) Chief
Magistrate, City Magistrate’s Court” the
brackets, letter and words “ (c) a
Magistrate of the First Class ” shall be
substituted ;
(ii) the brackets, letter and words “ (f) any
Magistrate specially empowered by the
Government to exercise all or any such
powers and ” shall be deleted.
(2) In section 4,-
(i) in sub -section (1), for the words “
District Magistrate to whom he is
subordinate ” the words “ Magistrate of
the First Class ” shall be substituted;
(ii) in sub -section (2), for the words “ The
District Magistrate or the Magistrate ”
the words “ The Magistrate ” shall be
substituted.
(3) In section 61, in sub-section (1), for clauses (a)
and (b) the following shall be substituted,
namely :-
“(a) If passed by a Juvenile Court or a
Magistrate, to the Court of Session.”
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
1953 XII The Hyderabad In section 5, the words “ or Sub-Divisional
Probation of Magistrate ” shall be deleted.
Offenders Act, In section 11,–
1953. (i) for sub-section (1), the following shall
be substituted, namely :-
1954 XXII The Hyderabad (1) “(1) Where an order of restriction is

Habitual offenders made against any person, the Court
or
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
(Restriction and Magistrate making such order or the
Settlement)Act,1954. Court or Magistrate to whom an
appeal would lie against such order
under section 13 may, at any time, on
its or his own motion or on an
application from such person
and for sufficient reasons to be
recorded in writing, make an order
canceling or modifying the order of
restriction.” ;
(ii) sub-section (3) shall be deleted.
(2) In section 13,-
(i) in clause (i), for the words “ by a
Magistrate ” the words “ by an
Executive Magistrate ” shall be
substituted ;
(ii) in clause (ii), after the words “ made by
” the words “ a Judicial Magistrate or ”
shall be inserted.
1954 XXIX The Hyderbad In section 53,-
Prisons (i) the words “ District Magistrate, or ” shall
Act, 1954. be deleted ;
(ii) the first proviso shall be deleted; and
(iii) in the second proviso the word “ also ” shall
be deleted.
1956 XV The Hyderabad (1) In section 7, for clauses (c), (d) and (e) the
Borstal Schools following shall be substituted, namely :-
Act, 1956. “(c) a Magistrate of the first class ”.
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
(2) In section 8, for the words “ District
Magistrate ” wherever they occur the words “
Magistrate of the first class ” shall be
substituted.
......................................................................................................................................
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
PART IV.
Acts in force in the Vidarbha region of the State of Bombay.
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
1880 XIII The In section 18, for the words “ the Magistrate of
Vaccination the district, or such Magistrate as the State
Act, 1880. Government or the Magistrate of the district ”
the words “such Magistrate as the State
Government ” shall be substituted.
1928 IV The Central (1) In section 5,-
Provinces (i) in sub-section (2), for the words
and Berar “District Magistrate or Sub-Divisional
Borstal Magistrate ” the words “ Magistrate
Act, 1928. of the first class ” shall be
substituted ;
(ii) in sub -section (3), for the words “ The
District Magistrate or Sub -divisional
Magistrate ” the words “ The
Magistrate ” shall be substituted.
(2) For se ction 7 the following new section shall
be substituted ;-
“ Special 7. When any male person not less than sixteen
Power of or more than twenty-one years of age has
District been sentenced for an offence to rigorous
Magistrate imprisonment o r transportation, or when
such person having been ordered
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
to give security for good behavior and having
failed to give such security is imprisoned
under sub -section (1) of section 123 of the
Code of Criminal Procedure, 1898, and when
by reason of such person’s criminal habits or
tendencies or association with persons of bad
character it is expedient in the opinion of the
District Magistrate that he should be
detained, the District Magistrate may order
that the proceedings in his case shall be laid
before the Sessions Judge and the provisions
of sub -sections (2) and (3) of section 6 shall
apply as if the proceedings has been referred
under that section”.
(3) In section 12,-
(i) in sub -section (1), the words “ District
Magistrate ” shall be deleted ;
(ii) in sub -section (2), for the words “
District Magistrate ” the words “
Magistrate of the first class ” shall be
substituted.
(4) In section 13, in sub -section (1), the words “
District Magistrate ” shall be deleted.
(5) In section 26, the words “ District Magistrate ”
shall be deleted.
1928 X The Central (1) In section 4, clauses (c) and (d) shall be
Provinces deleted, and in clause (f) the words beginning
and Berar with “ or Magistrate ” and ending with
Children “ in this behalf ” shall be deleted.
Act, 1928. (2) In section 5, in sub-section (1), for the words “
District Magistrate or sub -divisional
magistrate ” the words “ Magistrate so
empowered ” shall be substituted.
......................................................................................................................................
......................................................................................................................................
Year. Number. Short title. Extent of amendment.
1 2 3 4
......................................................................................................................................
(3) In section 53, in sub-section (1), for
clauses (a) and (b) the following shall be
substituted :-
V of 1898.
Bombay Separation of Judicial and Executive Functions (Extension) and the Code of
Criminal Procedure (Provisions for Uniformity) Act,1958.
1958 : Bom.XCVII]
“(a) if passed by a juvenile court or any
Magistrate, to the Sessions Judge.”
1936 I The Central (1) In section 4, in sub-section (2), the words
Provinces beginning with “ or a Magistrate ” and
and Berar ending with “ in this behalf ” shall be deleted.
Probation of In section 5, in sub-sections (1) and (2), for
Offenders Act, (2) the words “ District Magistrate or Sub-
1936. Divisional Magistrate ” the words “ Magistrate
so empowered ” shall be substituted.
1950 II The city of In section 164, in sub-section (1), for the words
Nagpur “ any Magistrate ” the words “ any Judicial
Corporation Magistrate ” and for the words “ District
Act, 1948. Magistrate ” the words “ Sessions Judge ” shall
be substituted.
......................................................................................................................................
----------------
1. For Statement of Objects and Reasons see Bombay Government Gazette, 1958, Part V, pp.
434 and 435.

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