Gandhinagar: The Gujarat Government today issued an ordinance to amend the provisions of the Acts made by the State of Gujarat, replacing references to the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Evidence Act, 1872 with references to the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 in those Acts.
Here is the Notification from the Gujarat Government:
The notification is issued as the Legislative Assembly of the State of Gujarat is not in Session, and the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Laws in the event of enactment of Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 by the Parliament. The Governor has therefore promulgated the ordinance Gujarat Laws (Amendment of Provisions) Ordinance, 2024.
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Amendment
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1
2017
15
Birsa Munda Tribal University Act, 2017.
(A) In section 52, for the words “public servant within the meaning of section 21 of the Indian Penal Code”, the words “public servant within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023” shall be substituted.
2
1960
27
Gujarat Agricultural Land Ceiling Act, 1960
(A) In section 22, in sub-section (4), for the words “within the meaning of section 175 and section 176 of the Indian Penal Code 45 of 1860”, the words “within the meaning of section 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (B) In section 48, for the words “within the meaning of section 193, section 219 and section 228 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (C) In section 49, for the words “within the meaning of section 21 of Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
3
1980
7
Gujarat Agricultural Pests and Diseases Act, 1980
(A) In section 18, for the words “the provisions contained in section 262 to 265 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the provisions contained in section 184 to 186 of Bharatiya Nagarik Suraksha Sanhita, 2023(46 of 2023)” shall be substituted.
4
1954
72
Gujarat Animal Preservation Act, 1954
(A) in section 9, for the words “Notwithstanding anything contained in the Code of Criminal Procedure (2 of 1974)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 11, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the
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words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
5
2008
20
Gujarat Cotton Seeds (Regulation of Supply, Distribution. Sale and Fixation of Sale Price) Act, 2008.
(A) In section 19, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
6
1963
37
Gujarat Court of Wards Act, 1963
(A) In section 19, in sub-section (2), for the words “within the meaning of Chapter IX of the Indian Penal Code and in the definition of “legal remuneration” contained in section 161 of the said Code”, the words “within the meaning of Chapter XII of the Bharatiya Nagarik Sanhita, 2023 (45 of 2023)” shall be substituted.
7
2019
22
Gujarat Domestic Water Supply (Protection) Act, 2019.
(A) In section 13, in sub-section (3), for the words “The provisions of the Code of Criminal Procedure”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
8
1956
31
Gujarat Hindu Places of Public Worship (Entry Authorization) Act, 1956
(A) In section 7, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
9
1999
11
Gujarat Infrastructure Development Act, 1999.
(A) In section 33, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
10
2006
24
Gujarat Khadi and Village Industries Act, 2006
(A) In section 32, in sub-section (3), in clause (b), for the words “Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Magistrate under the provisions of Chapter VII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (B) In section 34, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
11
1950
4
Gujarat Merged States (Laws) Act, 1950
(A) In Second Schedule, In Part 1, for entry “The Code of Criminal Procedure (V of 1898)”, the entry “The Bharatiya Nagarik Suraksha Sanhita 2023 (46 of 2023)” shall be substituted.
12
1993
18
Gujarat Panchayats Act, 1993
(A) In section 102,- (i) in clause (a), for the words “under section 202 of the Code of Criminal Procedure, 1973 (II of 1974)”, the words “under section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
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(ii) in clause (b), for the words “inquiry under section 125 of the Code of Criminal Procedure, 1973 (II of 1974)”, the words “inquiry under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 268, in sub-section (3), in clause (b), for the words “under the provisions of Chapter 7 of the Code of Criminal Procedure, 1973”, the words “under the provisions of Chapter VII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(C) In section 272, for the words “within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
13
1958
31
Gujarat Revenue Tribunal Act, 1957
(A) In section 13, in sub-section (1), for the words “for all the purposes of section 195, 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898) and its proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860)”, the words “for all the purposes of sections 215, 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and its proceedings within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
14
1980
32
Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980.
(A) In section 15, for the words “within the meaning of section 21 of the Indian Penal Code, 1860” (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
15
2009
2
Gujarat Special Investment Region Act, 2009.
(A) In section 39, for the words “within the meaning of section 21 of the Indian Penal Code, 1860” (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
16
1951
25
Saurashtra Land Reforms Act, 1951
(A) In section 56, for the words “within the meaning of sections 192, 219 and 228 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 228, 257 and 267 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
17
1953
23
Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953
(A) In section 16, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
18
1959
56
Bombay State Commissioners of Police Act, 1959
(A) In Schedule, in column 1, for the words “Code of Criminal Procedure, 1898 (V of 1898)”, the words “Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
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19
1951
38
Bombay State Reserve Police Force Act, 1951
(A) In section 2, in clause (j), for the words “in the Indian Penal Code, the Code of Criminal Procedure, 1898 (XLV of 1860, V of 1898)”, the words “in the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Bharatiya Nagarik SurakshaSanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 11, –(i) in sub-section (1), for the words “for the purpose of Chapter IX of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “for the purpose of Chapter XI of Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(ii) in sub-section (2), for the words “contained n sections 100 and 103 of Indian Penal Code, 1860 (XLV of 1860)”, the words “contained in sections 38 and 41 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
20
1867
8
Bombay Village Police Act, 1867
(A) In section 1, for the words “assigned to it in the Code of Criminal Procedure, 1898 (V of 1898)”, the words “assigned to it in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
21
1958
19
Gandhidham (Development and Control on Erection of Buildings) Act, 1957
(A) In section 16, for the words “Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 27A, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
22
2004
5
Gujarat Agricultural Universities Act, 2004
(A) In section 53, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
23
1964
20
Gujarat Agriculture Produce and Marketing (Promotion and Facilitation) Act, 1963
(A) In section 31K, in sub-section (5), for the words “The provisions of sub-sections (4) to (8) of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “The provisions of sub-sections (4) to (8) of section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 51A, in sub-section (4), for the words “The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(C) In section 57, for the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
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24
1956
3
Gujarat Aerial Ropeways Act, 1955
(A) In section 35, in clause (c), for the words “within the meaning of the Indian Penal Code”, the words “within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (B) In section 36, for the words “within the meaning of the Indian Penal Code”, the words “within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (C) In section 43, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
25
1973
2
Gujarat Civil Services Tribunal Act, 1972
(A) In section 14, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (B) In section 15, for the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
26
2019
24
Gujarat Control of Terrorism and Organised Crime Act.2015.
(A) In section 2, for clause (b), the following clause shall be substituted, namely:- “(b) “Code” means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023);” (B) In section 8, in sub-section (3), for the words “within the meaning of clause (u) of section 2 of the Code”, the words “within the meaning of clause (1v) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (C) In section 9, in sub-section (2), for the words “anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code”, the words “anything contained in sub-section (1) of section 283 or section 285 of the Bharatiya Nagarik Sanhita, 2023 (46 of 2023), try offences in a summary way in accordance with the procedure prescribed in the Bharatiya Nagarik Suraksha Sanhita, 2023 and the provisions of sections 286 to 288 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(D) In section 15, for the words “Notwithstanding anything contained in the Code or the Indian Evidence Act, 1872”, the words “Notwithstanding anything contained in the
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Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the Bharatiya Sakshya Adhiniyam (47 of 2023)” shall be substituted. (E) In section 16, for the words “Notwithstanding anything contained in the Code or the Indian Evidence Act, 1872”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the Bharatiya Sakshya Adhiniyam (47 of 2023)” shall be substituted. (F) In section 18, in sub-section (5),- (i) in clause (a), for the words “anything contained in section 82 of the Code”, the words “anything contained in section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (ii) in clause (b), for the words “the provisions of sections 83 to 85 of the Code”, the words “the provisions of sections 85 to 88 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
27
1962
10
Gujarat Co-operative Societies Act, 1961
(A) In section 91, for the words “in the manner provided by the Code of Criminal Procedure, 1898 (V of 1898)”, the words “in the manner provided by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (B) In section 115H, for sub-section (7), the following sub-section shall be substitute, namely:- “(7) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for the Magistrate of First Class to pass a sentence of imprisonment or a fine on any person in excess of his powers under section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” (C) In section 145F, in sub-section (1), in clause (b), for the words “punishable under section 153A or section 171E or section 171F or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (XLV of 1860)”, the words “punishable under section 196 or section 173 or section 174 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (D) For section 145T, the following section shall be substituted, namely:-
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“145T. The provisions of section 149 shall apply to the offences under this Chapter, subject to the modifications that it shall be lawful for a Judicial Magistrate of the First Class to pass a sentence or fine on any person convicted of any offence under this Chapter in excess of his powers under section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and that no prosecution for an offence punishable under this Chapter shall be lodged, except with the previous sanction of the Collector.(C) In section 149, for sub-section (2), the following sub- section shall be substituted, namely:-“(2) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for a Presidency Magistrate or a Magistrate of the First Class to pass a sentence of fine on any person convicted of an offence under clause (c) of sub-section (1) of section 147 as provided under section 148 in excess of his powers under section 23 ofthat Sanhita.”
28
1963
27
Gujarat Diseases of Animals (Control) Act, 1963
(A) In section 4, for the words “within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(B) In section 26, in sub-section (3), for the words “in the manner provided by the Code of Criminal Procedure, 1898 (V of 1898)”, the words “in the manner provided by the Bharatiya Nagarik Suraksha Sanhita, 2023 (45 of 2023)” shall be substituted.
29
1958
40
Gujarat Electricity Duty Act, 1958.
(A) In section 6, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(B) In section 7, in sub-section (2), for the words “”with the provisions of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
30
2003
24
Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003.
(A) In section 18, in sub-section (5), for the words “The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 56, –(i) in sub-section (1), for the words “anything contained in the code of Criminal Procedure, 1973 (2 of 1974)”, the words “anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
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(ii) in sub-section (2), for the words “anything contained in section 200 of the said Code”, the words “anything contained in section 223 of the said Sanhita” shall be substituted.(C) In section 60, for the words “within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229 and 267 and for the purposes of section 233 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(D) In section 61, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
(A) In section 16, in sub-section (3), for the words “Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
32
1968
2
Gujarat Ferries and Inland Vessels Act, 1868
(A) In section 15, for the words “in the manner provided in sections 386, 387, and 389 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “in the manner provided in sections 461, 462 and 465 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
33
2003
8
Gujarat Fisheries Act, 2003
(A) In section 23, in sub-section (1), for the words “anything contained in the Code of Criminal Procedure, 1973”, the words “anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 28, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
34
2003
22
Gujarat Freedom of Religion Act, 2003
(A) In section 7, for the words “anything contained in the Code of Criminal Procedure, 1973”, the words “anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
35
2011
3
Gujarat Green Cess Act, 2011.
(A) In section 9, in sub-section (2), for the words “with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (B) In section 18, for the words “within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
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36
1959
61
Gujarat Habitual Offenders Act, 1959.
(A) In section 2, for clause (a), the following clause shall be substituted, namely:- “(a) “Code” means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)”; (B) In section 13, – (i) in sub-section (1), for the words “”act under section 110 of the Code”, the words “act under section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted; (ii) in sub-section (2), for the words “procedure laid down in sections 112, 113, 114, 115 and 117 of the Code”, the words “procedure laid down in sections 131, 132, 133, 134, 135 and 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted; (iii) in proviso below sub-section (2), for the words “referred to in section 112 of the Code”, the words “referred to in section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted; (C) In section 19, in sub-section (2), for the words “liable under the Indian Penal Code (XLV of 1860)”, the words “liable under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted. (D) Schedule 1 shall be substituted as follows, namely:- “SCHEDULE 1 Offences under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) THE SCHEDULE (See section 2 (h)) Sections178. Counterfeiting coin.178. Counterfeiting Indian coin.181. Making or selling instrument for counter felting coin.181. Making or selling instrument for counterfeiting Indian coin.181. Possession of instrument or material for the purpose of using the same for counterfeiting coin.179. Delivery of coin possessed with knowledge that it is counterfeit.179. Delivery of Indian coin, possessed with knowledge that it is counterfeit.
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180. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.180. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.105. Culpable homicide not amounting to murder.109. Attempt to murder.110. Attempt to commit culpable homicide.118(1). Voluntarily causing hurt by dangerous weapons or means.117(2). Voluntarily causing grievous hurt.118(2). Voluntarily causing grievous hurt by dangerous weapons or means.119(1). Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.123. Causing hurt by means of poison, etc., with intent to commit an offence.119(2). Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.121(1). Voluntarily causing hurt to deter public servant from his duty.121(2). Voluntarily causing grievous hurt to deter public servant from his duty.127(7). Wrongful confinement to extort property, or constrain to illegal act.140(1). Kidnapping or abducting with intent secretly and wrongfully to confine person.96. Procuration of minor girl.141. Importation of girl from foreign country.142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.97. Kidnapping or abducting child under ten years with intent to steal from its person.303(2). Theft.305(a). Theft in dwelling house, etc.307. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.308(2). Extortion.308(3). Putting person in fear of injury in order to commit extortion.308(5). Extortion by putting a person in fear of death or grievous hurt.308(4). Putting person in fear of death or of grievous hurt. in order to commit extortion.309(4). Robbery.309(5). Attempt to commit robbery.
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309(6). Voluntarily causing hurt In committing robbery.310(2). Dacoity.311. Robbery or dacoity, with attempt to cause death or grievous hurt.312. Attempt to commit robbery or dacoity when armed with deadly weapon.310(4). Making preparation to commit dacoity.310(6). Belonging to a gang of dacoits.313. Belonging to a gang of thieves.310(5). Assembling for purpose of committing dacoity.317(1). Dishonestly receiving stolen property.317(5). Assisting in concealment of stolen property.332(c). House-trespass in order to commit offence punishable with imprisonment.333. House-trespass after preparation for hurt, assault or wrongful restraint.331(1). Lurking house-trespass or house-breaking.331(3). Lurking house-trespass or house-breaking In order to commit offence punishable with imprisonment.331(5). Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.331(2). Lurking house-trespass or house-breaking by night.331(4). Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.331(6). Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.331(7). Grievous hurt caused whilst committing lurking house- trespass or house-breaking.331(8). All persons jointly concerned In lurking house- trespass or house-breaking by night punishable where death or grievous hurt caused by one of them. “
37
1947
3
Gujarat Home Guards Act, 1947
(A) In section 6A, in sub-section (2), for the words “in accordance with the provisions of Code of Criminal Procedure, 1898 (V of 1898)”, the words “in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (B) in section 6B, for sub-section (6), the following sub- section shall be substituted, namely:- “(6) Any fine imposed under this section shall be recovered in the manner provided by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), for the recovery of fines imposed by a Court as if such fine were imposed by a Court.”
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(2)
(3)
(4)
(5)
(C) In section 9, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
38
1961
28
Gujarat Housing Board Act, 1961
(A) In section 54, in sub-section (4), for the words within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 80, for the words “within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
39
2013
6
Gujarat Irrigation and Drainage Act, 2013
(A) In section 37, for the words “within the meaning of the Indian Penal Code, 1860”, the words “within the meaning of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) in section 38, for the words “within the meaning of the Indian Penal Code, 1860”, the words “within the meaning of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 44, in sub-section (2), for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (XLV of 1860)” , the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
40
1953
40
Gujarat Labour Welfare Fund Act, 1953
(A) In section 17E, in sub-section (1), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) In section 20, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
41
2020
11
Gujarat Land Grabbing (Prohibition) Act, 2020
(A) In section 9, in sub-section (4), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 10, for the words “and the Code of Criminal Procedure, 1973”, the words “and the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(C) In section 12, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (D) In section 13, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
42
1942
28
Gujarat Land Improvement Schemes Act, 1942
(A) In section 22, for the words “within the meaning of the Indian Penal Code”, the words “within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
43
1948
33
Gujarat Land Requisition Act, 1948
(A) In section 12, in sub-section (2), for the words “within the meaning of sections 176 and 177 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 211 and 212 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 18, for the words “within the meaning of section 21 of the Indian Penal Code, (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita 2023 (45 of 2023)” shall be substituted.
44
1879
5
Gujarat Land Revenue Code, 1879
(A) In section 3, in clause (27), for the words “prescribed by section 76 of the Indian Evidence Act, 1872”, the words “prescribed by section 75 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)” shall be substitured; (B) In section 26, for the words “under the provisions of Chapter VII of the Code of Criminal Procedure”, the words “under the provisions of Chapter VII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (C) In section 142, for the words “within the meaning of Indian Penal Code”, the words “within the meaning of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (D) In section 196, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (E) In Schedule J, in para 2, in sub-para (ii), for the words “Code of Criminal Procedure”, the words “Bharatiya Nagarik Sanhita, 2023 (46 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
45
2000
4
Gujarat Lifts and Escalators Act, 2000
(A) In section 14, in sub-section (5), for the words “within the meaning of section 176 of the Indian Penal Code (XLV of 2023)”, the words “within the meaning of section 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
46
1980
25
Gujarat Live-stock Improvement Act, 1980
(A) In section 18, for the words “any police officer under section 173 of the Code of Criminal Procedure, 1973”, the words “any police officer under section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
47
1986
31
Gujarat Lokayukta Act, 1986
(A) In section 2, in clause (8), for the words “shall have the same meaning as in section 21 of the Indian Penal Code”, the words “shall have the same meaning as in section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 11, –(i) in sub-section (3), for the words “within the meaning of sections 176 and 177 of the Indian Penal Code”, the words “within the meaning of sections 211 and 212 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) in sub-section (4), for the words “subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “subject to the provisions of section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(iii) for sub-section (5), the following sub-section shall be substituted, namely:-“(5) The Lokayukta shall be deemed to be a Civil Court and when any offence as is described in section 210, 213, 214 or section 215 of the Bharatiya Nyaya Sanhita, 2023 is committed in the view or presence of the Lokayukta, the Lokayukta may, after recording the facts constituting the offence and the statement of the accused as provided for in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).”(iv) in sub-section (6), for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 2023)”, the words “within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita,2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(C) In section 16, – (i) in sub-section (1), for the words “anything contained in the Indian Evidence Act, 1872”, the words “anything contained in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)” shall be substituted;(ii) in sub-section (2), for the words “false evidence under the Indian Penal Code”, the words “” false evidence under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(D) In section 17, for sub-section (3), the following sub- section shall be substituted, namely:-“(3) The provisions of section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), shall apply in relation to an offence under sub-section (1) or sub- section (2) as they apply in relation to an offence referred to in sub-section (2) of the said section 222, subject to the modification that no complaint in respect of such offence shall be made by the public prosecutor except with the previous sanction of the Lokayukta.”
48
1958
82
Gujarat Lotteries (Control and Tax) and Prize Competitions (Tax) Act, 1958
(A) In section 19, for the words “with the provisions of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 21, in sub-section (2), for the words “conferred by the Code of Criminal Procedure, 1898 (V of 1898)”, the words “conferred by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In section 27, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(D) In section 33, for the words “The provisions of section 294-A of the Indian Penal Code (XLV of 1860)”, the words “The provisions of section 297 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
49
1981
30
Gujarat Maritime Board Act, 1981
(A) For section 96, the following section shall be substituted, namely:- “96. Every person appointed by the Board under this Act shall, for the purpose of sections 219, 220 and 316(5) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and for the purposes of the Prevention of Corruption Act, 1988 (49 of 1988) be deemed to be a public servant within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).”
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(B) In section 101, for the words “an offence under section 168 of the Indian Penal Code (XLV of 1860)”, the words “an offence under section 202 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
50
2011
14
Gujarat Moneylenders Act, 2011
(A) In section 10, in sub-section (1), in clause (d), in sub- clause (ii), for the words “an offence under Chapter XVII or section 465 or 477-A of Chapter XVII of the Indian Penal Code”, the words “an offence under Chapter XVII or section 336(2) or 344 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 19, in sub-section (3), for the words “with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In section 47, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(D) In section 51, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
51
1958
67
Gujarat Motor Vehicles (Taxation of Passengers) Act, 1958
(A) In section 14, in sub-section (2), for the words “with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 18, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2026)” shall be substituted.
52
2017
16
Gujarat Natural Farming Science University, 2017
(A) In section 62, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
53
1951
22
Gujarat Police Act, 1951.
(A) In section 2, in clause (5), for the words “for the purposes of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “for the purposes of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) IN section 30, in sub-section (2), for the words “the provisions of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(C) In section 32, for the words “under section 144 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(D) In section 32, in the marginal note, for the words “State Government may make order under section 144 of Act V of 1898”, the words “Power to issue order in urgent cases of nuisance or apprehended danger” shall be substituted;(E) In section 44, in sub-section (4), for the words “under section 386 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(F) In section 56, for the words “offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code”, the words “offence punishable under Chapter VI, X, or XVII of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(G) In section 57, –(i) in clause (a), for the words “offence under Chapter XII, XVI of XVII of the Indian Penal Code, 1860 (XLV of 1860)”, the words “offence under Chapter VI, X orXVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) in Explanation, in sub-clause (ii), for the words “an offence falling under any of the Chapters of the Indian Penal Code (XLV of 1860)”, the words “an offence falling under any of the Chapters of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(H) In section 65, in sub-section (2), for the words “according to sections 523 and 525 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “according to sections 503 and 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(I) In section 95, in sub-section (1), the words “Notwithstanding anything contained in section 153 of the Code of Criminal Procedure, 1898 (V of 1898)” shall be deleted;(J) In section 96, –(1) in sub-section (1), –(i) for the words “Notwithstanding anything contained in sections 129, 130, sub-section (2) of 167 and section 173 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in section 148, 149, sub-section (2) of section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(ii) in clause (i), for the words “under sections 129 and 130 of the Code”, the words “under sections 148 and 149 of the Bharatiya Nagarik Suraksha Sanhita” shall be substituted;(iii) in clause (iii), for the words “under section 173 of the Code”, the words “under section 193 of the Bharatiya Nagarik Suraksha Sanhita” shall be substituted;(2) in sub-section (2), for the words “Nothing contained in section 62 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Nothing contained in section 59 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(3) in sub-section (3), –(i) for the words “section 127 and 128 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “sections 148 and 149 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(ii) in clause (a), for the words “in section 127”, the words “in section 148” shall be substituted;(iii) in clause (b), for the words “in section 128”, the words “in section 149” shall be substituted.(K) In section 126, for the words “mentioned in section 413 of the Indian Penal Code, or by any offence punishable under section 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn, exchange, or for custody alteration or otherwise however, made to him of property answering the description contained in such information shall unless (XLV of 1860):-”, the words “mentioned in section 317(4) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or by any offence punishable under section 318(2), 318(3), 319(2) or 318(4) of the Sanhita, is found to be in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn, exchange, or for custody alteration or otherwise however, made to him of property answering the description contained in such information shall unless:-“ shall be substituted.(L) In section 127, for the words “within the meaning of section410 of the Indian Penal Code, or property in respect of which any offence punishable under section 417, 418, 419 or 429 of the said Code (XLV of 1860)”, the words “within the meaning of section 317(1) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), or property in respect of which any offence punishable under section 318(2), 318(3), 319(2) or 318(4) of the said Sanhita (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(M) In section 130, for the words “meaning of section 415 of the Indian Penal Code, be liable to punishment accordingly. (XLV of 1860)”, the words “meaning of section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), be liable to punishment accordingly” , shall be substituted.
54
1985
16
Gujarat Prevention of Anti- social Activities Act, 1985
(A) In section 2 –(i) in clause (c), for the words “offences punishable under Chapter VIII or Chapter XVI (except section 354, 354A, 354C, 354D, 376, 376A, 376-A, 376-B, 376-C or377) or Chapter XVII or Chapter XXII of the Indian Penal Code (XLV of 1860)”, the words “offences punishable under Chapter XI or Chapter VI (except section 74, 75, 76, 77 64, 66, 67, 68) or Chapter XVII or Chapter XIX of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) in clause (ha), for the words “punishable under section 354, 354A, 354B, 354C, 354D, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian Penal Code”, the words “punishable under section 74, 75, 77, 78, 64, 66,67, 68, 70(1) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(B) In section 4, for the words “arrest under the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “arrest under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(C) In section 8, –(i) for sub-section (1), the following sub-section shall be substituted, namely:-“(1) If the State- Government or any authorised of officer has reason to believe that a person in respect of whom a detention order has been made has absconded, or is concealing himself so that the order cannot be executed, then the provisions of sections 84 to 88 (both inclusive) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall apply in respect of such person and his property subject to the modifications mentioned in this sub-section and irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by competent Court, where the detention order is made by the State Government, an officer not below the rank of a District Magistrate or a Commissioner of Police authorised by the State Government in thisbehalf, or where the detention order is made by an
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
authorised officer, the authosised officer as the case may be, shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under section 84, 85, 87and 88 of the said Sanhita for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and taking any other action under the said sections. An appeal from any order made by any such officer rejecting an application for restoration of attached property shall lie to the Court of Sessions having jurisdiction in the place where the said person ordinarily resides, as provided in section 89 of the said Sanhita.”(ii) in sub-section (2), in clause (c), for the words “contained in the said Code”, the words “contained in the said Sanhita” shall be substituted.
55
1960
10
Gujarat Prevention of Begging Act, 1959
(A) In section 4, in sub-section (3), for the words “The provisions of section 61 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “The provisions of section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 8, for the words “under section 488 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In section 9, in sub-section (3), for the words “The provisions of section 61 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “The provisions of section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (45 of 2023)” shall be substituted;(D) In section 32, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(E) In section 33, for the words “The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “The provisions of Chapter XXXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(F) In section 34, for the words “For the purposes of appeal and revision under the Code of Criminal Procedure, 1898 (V of 1898)”, the words “For the purposes of appeal and revision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
56
1988
4
Gujarat Prevention of Gambling Act, 1887
(A) In section 4, in sub-section (2), for the words “or in sub- sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “or in sub-sections (1), (4), (5) and (6) of section 401 of theBharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)”shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
57
1949
25
Gujarat Prohibition Act, 1949.
(A) In section 2,- (i) in clause 29, for the words “a police station as defined in Code of Criminal Procedure, 1973 (2 of 1974)”, the words “a police station as defined in Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(ii) in clause (33), for the words “for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “for the purposes of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(iii) in clause 52, for the words “any reference to the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “any reference to the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.(B) In section 54, in sub-section (1), in clause (d), for the words “offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code (XLV of 1860)”, the words “offence punishable under sections 345(3), 347(1), 347(2)348, 349, 350(1), 350(2) and 346 of the BharatiyaNyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 78,- (i) in clause (a), for the words “under section 272 of the Indian Penal Code (XLV of 1860)”, the words “under section 274 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) in clause (c), for the words “under section 482 of the Indian Penal Code (XLV of 1860)”, the words “under section 345(3) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(iii) in clause (d), for the words “under section 486 of the Indian Penal Code (XLV of 1860)”, the words “under section 349 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(D) In section 91, for sub-section (2), the following sub- section shall be substituted, namely:-“(2) The bond shall be in such as may be provided under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the provisions of the said Sanhita shall in so far as they are applicable apply to all connected with such bond as if were a bond to keep the peace ordered to be executed under section 125 of thesaid Sanhita.”
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Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(E) In section 93, for sub0secetion (2), the following sub- section shall be substituted, namely:-“(2) The provisions of the Bharatiya Nagarik Sanhita, 2023 (46 of 2023) shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to therein were a bond required to be executed under section 129of the said Sanhita.”(F) In section 102, in sub-section (1), for the words “search warrants under the Code of Criminal Procedure (2 of 1974)”, the words “search warrants under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(G) In section 104A, for the words “the State or in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the State or in section 401 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(H) In section 115A, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(I) In section 117, for the words “in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “in accordance with the provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(J) In section 128, in sub-section (2), for the words “the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(K) In section 129, in sub-section (2), for the words “powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “powers conferred by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(L) In section 129A, in sub-section (5), for the words “under section 186 of the Indian Penal Code (XLV of 1860)”, the words “under section 221 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.(M) In section 131,-(i) in sub-section (1), for the words “the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall besubstituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(ii) in sub-section (2), for the words “the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
58
1991
12
Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991.
(A) In section 6E, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
59
2004
1
Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003
(A) In section 17, – (i) in sub-section (1), for the words “prescribed in the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “prescribed in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (ii) in sub-section (2), for the words “The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) except section 438 thereof”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) except section 482 thereof” shall be substituted.
60
1949
59
Gujarat Provincial Municipal Corporations Act, 1949
(A) In section 65, in sub-section (1), for the words “an order under Chapter XXXIV of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “an order under XXVII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) In section 305, in sub-section (3), for the words “meaning of sections 175 and 176 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “meaning of sections 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 325, in sub-section (1), in clause (d), for the words “provisions of section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted. (D) In section 393.- (i) in the marginal note, for the words “the Penal Code”, the words “Bharatiya Nyaya Sanhita 2023” shall be substituted; (ii) in sub-section (1), for the words “under the section of the Indian Penal Code (XLV of 1860) respectively specified in the second column of the said table as the section of the said Code under which such person shall be punishable, namely:- sections of this Act sections ofthe Indian Penal Code under which offenders are
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
punishable 194(2), 311, clauses (a), (b), (c) and (d), 312, 277, 319, 188, 477, 177”, the words “under the sectionof the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) respectively specified in the second column of the said table as the sections of this Code under which such person shall be punishable, namely:- sections of this Act, sections of the Bharatiya Nyaya Sanhita, 2023 under which offenders are punishable 229(2), 88, 279, 114,343, 212” shall be substituted;(iii) in sub-section (2), for the words “under section 176 or section 177 of the Indian Penal Code (XLV of 1860)”, the words “under section 211 or 212 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(iv) in sub-section (3), for the words “punishable under section 177 of the Indian Penal Code (XLV of 1860)”, the words “punishable under section 212 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(v) in sub-section (4), for the words “punishable under section 176 or section 177 of the Indian Penal Code (XLV of 1860)”, the words “punishable under section 211 or section 212 of the Bharatiya Nyaya Sanhita, 2023 (45 of 22023)” shall be substituted.(E) In section 422, in sub-section (1), in proviso, for the words “under section 17 of the Code of Criminal Procedure, 1898”, the words “under section 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(F) In section 425, for the words “the provisions of section 273 of the Indian Penal Code”, the words “the provisions of section 275 of the Bharatiya Nyaya Sanhita, 2023” shall be substituted;(G) In section 427,-(i) in sub-section (2), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(ii) in sub-section (3), for the words “anything contained in section 200 of the said Code”, the words “anything contained in section 223 of the said Sanhita” shall be substituted;(H) In section 437,-(i) in the marginal note, for the words “Criminal Procedure Code”, the words “Bharatiya Nagarik Suraksha Sanhita” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(ii) for the words “The provisions of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (I) In section 482, – (i) in sub-section (1), for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhta, 2023 (45 of 2023)” shall be substituted. (ii) sub-section (2) shall be deleted. (J) In Schedule D, in para (3), for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
61
2023
2
Gujarat Public Examination (Prevention of Unfair Means) Act, 2023
(A) In section 12, in sub-sections (1) to (4), the words “in accordance with the provisions of the Code of Criminal Procedure, 1973” wherever they occur, the words “in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) In section 14, for the words “procedure laid down in the Code of Criminal Procedure, 1973”, the words “procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (4 of 2023)” shall be substituted; (C) In section 16, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
62
1948
57
Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
(A) In section 44, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 2023)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 45, for the words “for the purposes of sections 193 and 228 of the Indian Penal Code (XLV of 1860)”, the words “for the purposes of sections 229 and 267of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 47, for the words “Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
63
1976
35
Gujarat Rural Debtors Relief Act, 1976
(A) In section 20, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 21, for sub-section (2), the following sub- section shall be substitute, namely:-“(2) Except as provided in sub-section (1), the other provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall, so far as may be applicable apply to such search or seizure as they apply to any search or seizure made under the provisions of the said Sanhita.”
64
1972
22
Gujarat Rural Housing Board Act, 1972.
(A) In sub-section (47), in sub-section (4), for the words “within the meaning of sections 193 and 229 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 75, for the words “within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
65
2018
19
Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates)Act, 2018.
(A) For section 13, the following section shall be substituted, namely:-“13. Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023),(a) offences punishable under section 12 shall be cognizable and non-bailable;(b) every offence punishable under this Act shall be tried by any Magistrate of First Class following the summons case procedure prescribed in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).”
66
2019
4
Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019.
(A) In section 25, – (i) in sub-section (4), for the words “within the meaning of sections 175 and 176 of the Indian Penal Code”, the words “within the meaning of sections 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) in sub-section (5), for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(B) In section 33, –(i) in sub-section (2), for the words “The court of Metropolitan Magistrate or a Judicial Magistrate”, the words “The court of a Judicial Magistrate” shall be substituted;(ii) for sub-section (3), the following sub-section shall be substitute, namely:-“(3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), a Judicial Magistrate of the First Class may impose fine and penalties prescribed under this Act.”(C) In section 34, in sub-section (1), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
67
2004
11
Gujarat Special Economic Zone Act, 2004
(A) In section 24, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
68
1958
60
Gujarat Stamp Act, 1958
(A) In section 62B,- (i) in sub-section (1), for the words “anything contained in the Indian Evidence Act, 1872 (1 of 1872)”, the words “anything contained in the Bharatiya Sakshya Adhiniyam. 2023 (47 of 2023)” shall be substituted;(ii) in sub-section (3), in clause (a), for the words “prosecution under the Indian Penal Code (XLV of 1860)”, the words “prosecution under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
69
2003
20
Gujarat State Disaster Management Act, 2003
(A) In section 39, In sub-section (20, for the words “Notwithstanding anything contained in section 200 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Notwithstanding anything contained in section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) In section 45, for the words “within the meaning of section 21 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
70
1958
99
Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958
(A) In section 8, in sub-section (4), for the words “anything contained in section 92 of the Indian Evidence Act, 1872 (1 of 1872)”, the words “anything contained in section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(B) In section 80, for the words “under section 21 of the Indian Penal Code (XLV of 1860)”, the words “under section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 87, for the words “under section 21 of the Indian Penal Code (XLV of 1860)”, the words “under section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (D) In section 115, for the words “sections 193, 219 and 228 of the Indian Penal Code (XXLV of 1860)”, the words “section 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
71
1948
67
Gujarat Tenancy and Agricultural Lands Act, 1948
(A) In section 62, for the words “under section 21 of the Indian Penal Code (XLV of 1860)”, the words “under section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 80, for the words “sections 193, 219 and 228 of the Indian Penal Code (XXLV of 1860)”, the words “section 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
72
2007
18
Gujarat Water User’s Participatory Irrigation Management Act, 2007
(A) In section 41, for the words “mischief within the meaning of the Indian Penal Code (45 of 1860)”, the words “mischief within the meaning of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
73
2009
9
Kamdhenu University Act, 2009
(A) In section 53, for the words “within the meaning of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
74
1906
2
Mamlatdars’ Court Act, 1906
(A) In section 21, in sub-section (4), for the words “under section 188 of the Indian Penal Code (XLV of 1860)”, the words “under section 223 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 25, for the words “under section 193 of the Indian Penal Code (XLV of 1860)”, the words “under section 229 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 26, in clause (b), for the words “under Chapter XII of the Code of Criminal Procedure, 1898 (V of 1898)”, the words under Chapter XI of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
75
2007
14
Pandit Deendayal Energy University Act, 2007.
(A) In section 33, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2(28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
76
1952
3
Saurashtra Estate Acquisition Act, 1952
(A) In section 13, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
77
1949
41
Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949
(A) In section 53, for the words “under section 21 of the Indian Penal Code”, the words “under section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
78
2020
16
The Ambaji Area Development and Pilgrimage Tourism Governance Act, 2020.
(A) In section 50, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
79
1950
24
The Gujarat Public Trusts Act, 1950
(A) In section 74, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 74, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
80
2005
24
The CEPT University Act, 2005
(A) In section 31, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
81
2009
15
The Childrens University Act, 2009
(A) In section 42, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
82
2005
19
The Ganpat University Act, 2005.
(A) In section 31, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
83
2011
10
The Gujarat Anatomy Act, 2011
(A) In section 4, in sub-section (3), in clause (i), for the words “referred to in section 174 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “referred to in section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 13, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
84
2021
8
The Gujarat Ayurved University Act, 2021.
(A) In section 48, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
85
2018
16
The Gujarat Biotechnology University Act, 2018.
(A) In section 35, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
86
2021
18
The Gujarat Clinical Establishments (Registration and Regulation) Act, 2021
(A) In section 44, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
87
2023
4
The Gujarat Compulsory Teaching and Learning of Gujarati Language Act, 2023
(A) In section 5, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
88
1957
33
The Gujarat Corneal Grafting Act, 1957
(A) In section 7, in sub-section (2), for the words “provisions of section 297 of the Indian Penal Code (XLV of 1860)”, the words “provisions of section 301 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
89
1963
37
The Gujarat Court of Wards Act, 1963
(A) In section 9, for sub-section (2), the following sub- section shall be substituted, namely:- “(2) Every manager or other servant of the Court of Wards shall be deemed to be a public servant within the meaning of Chapter XII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)”.
90
2004
4
The Gujarat Court-fees Act, 2004
(A) In section 10, in sub-section (2), for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of sections 229 and 167 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 19, for the words “under the provisions of Code of Criminal Procedure, 1973”, the words “under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In section 20, in clause (xii), for the words “public servant (as defined in the Indian Penal Code (45 of 1860)”, the words “public servant (as defined in the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(D) In Schedule, –(i) in entry 9, for the words “under any section of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “under any section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(ii) in entry 37, for the words “under section 145 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “under section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
91
1960
11
The Gujarat Drugs (Control) Act, 1959
(A) For section 23, the following section shall be substituted, namely:-“23. Notwithstanding anything contained in section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for a Magistrate of the First Class specially empowered by the State Government in this behalf to pass any sentence authorized under section 21 in excess of his powers under section 26 of the said Sanhita.”(B) In section 30, for the words “The provisions of the Code of Criminal Procedure, 1898”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
92
2009
1
The Gujarat Educational Innovations Commission Act, 2009
(A) In section 29, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
93
2013
20
The Gujarat Educational Institutions Services Tribunal Act, 2006
(A) In section 15, for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of sections 229 and 167 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 16, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
94
2007
12
The Gujarat Emergency Medical Services Act, 2007
(A) In section 57, in sub-section (2), for the words “section 200 of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 60, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
95
2013
11
The Gujarat Fire Prevention and Life Safety Measures Act, 2013.
(A) In section 42, for the words “under section 176 of the Indian Penal Code 1860”, the words “under section 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 46, in sub-section (1), for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
96
1904
1
The Gujarat General Clauses Act, 1904
(A) In section 3, –(i) in clause (1), for the words “as in the Indian Penal Code, 1860 (Central Act XLV of 1860)”, the words “as in the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(ii) in clause ((36), for the words “as defined in the Indian Penal Code, XLV of 1860”, the words “as defined in the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 26, for the words “Sections 63 to 70 of the Indian Penal Code (Central Act) and the provisions of the Code of Criminal Procedure (XLV of 1860)”, the words “sections 8(1) to 8(7) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
97
2017
25
The Gujarat Goods and Services Tax Act, 2017
(A) In section 67, for sub-section (10), the following sub- section shall be substituted, namely:-“(10) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to modification that sub-section (5) of section 185 of the said Sanhita shall have effect as if the word “Magistrate”, wherever it occurs, the word “Commissioner” were substituted.”(B) In section 69, in sub-section (3), for the words “Subject to the provisions of the Code of Criminal Procedure, 1973”, the words “Subject to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(C) In section 70, in sub-section (2) , for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of sections 229 and 167 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(D) In section 79, in sub-section (1), In clause (f), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(E) In section 105, In sub-section (2) , for the words “but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973, and every proceeding before the Authority or the Appellate Authority or the National Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code”, the words “but not for the purposes of Chapter XXVI of the Bharatiya Nagarik Suraksha Sanhita, 2023, and every proceeding before the Authority or Appellate Authority or the National Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 229 and 267, and for the purpose of section 233 of the Bharatiya Nyaya Sanhita, 2023.” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(F) In section 111,-(i) in sub-section (2), in clause (d), for the words “sections 123 and 124 of the Indian Evidence Act, 1872”, the words “129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023” shall be substituted;(ii) for sub-section (4), the following sub-section shall be substituted, namely:-“(4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 229 and 267, and for the purposes of section 233 of the Bharatiya Nyaya Sanhita, 2023, and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 215 and Chapter XXVI of the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(G) In section 131, for the words “provisions contained in the Code of Criminal Procedure, 1973”, the words “provisions contained in the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(H) In section 132, in sub-section (4), for the words“Notwithstanding anything contained in the Code of Criminal Procedure, 1973”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted;(I) In section 156, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
98
1955
55
The Gujarat Highways Act. 1955
(A) In section 18, in sub-section (2), for the words “sections175 and 176 of the Indian Penal Code (XLV of 1860)”, the words “sections 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 67, for the words “within the meaning of the Indian Penal Code”, the words “within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
99
1963
36
The Gujarat Homeopathic Act, 1963
(A) In section 16, for the words “within the meaning of section 21 of the Indian Penal Code”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 20, in sub-section (7), for the words ““within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
100
1955
18
The Gujarat Judicial Proceedings (Regulation Reports) Act, 1955
(A) In section 3, in clause (b),-(i) for the words “section 497 of the Indian Penal Code, (XLV of 1860) any particulars other than the following”, the words “any particulars other than the following” shall be substituted;(ii) in sub-clause (c), for the words “sections 354, 366, 366-A, 366-B, 376, 377 or 498 of the Indian Penal Code, (XLV of 1860)”, the words sections 74, 87, 96, 141, 64 or 84 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 7, for the words “The provisions of section 99-A of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “The provisions of section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In Schedule 1, for the words “In section 99-A of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “In section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
101
1968
10
The Gujarat Medical Council ACT, 1967
(A) In section 14, in sub-section (9), for the words “within the meaning of section 21 of the Indian Penal Code(XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 15, in sub-section (4), “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 22, – (i) in sub-section (1), in Explanation, in clause (a), for the words “within the meaning of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “within the meaning of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (ii) in sub-section (7), for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya NyayaSanhita, 2023 (45 of 2023)” shall be substituted.
102
1964
6
The Gujarat Medical Practitioners Act, 1963
(A) In section 16, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(B) In section 20, In sub-section (7), for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
103
1979
7
The Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
(A) in section 14, in sub-section (5), for the words “The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
104
2001
13
The Gujarat Motor Spirit Cess Act, 2001
(A) In section 12, in sub-section (2), for the words “the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 26, in sub-section (2), for the words “the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(C) In section 27, in sub-section (2), for the words “conferred by the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “conferred by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(D) In section 30, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
105
1964
34
The Gujarat Municipalities Act, 1963
(A) In section 18, for the words “under section 171-E or 171-F of the Indian Penal Code”, the words “under section173 or 174 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 73,-(i) in sub-section (1), for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) sub-section (2) shall be deleted.(C) In section 89, in clause (a), for the words “under ChapterXXXIV of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under Chapter XXVII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(D) In section 211, in sub-section (1) for the words “the provisions of section 173 of the Indian Penal Code do not apply”, the words “the provisions of section 207 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) do not apply” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(E) In section 180, in clause (b), for the words “under the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
106
2003
9
The Gujarat National Law University Act, 2003
(A) In section 49, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
107
1948
61
The Gujarat Primary Education Act, 1947.
(A) In section 5, in clause (c), in sub-clause (ii), for the words “section 118 of the Code of Criminal Procedure, 1898 (V of 1898)”, the words “under section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(B) In section 37, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(C) In section 40F, in sub-section (6), in clause (d), for the words “within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
108
2006
19
The Gujarat Professional Civil Engineers Act, 2006
(A) In section 32, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
109
2008
3
The Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007
(A) In section 10, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
110
2008
2
The Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007
(A) In section 16, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
111
1991
12
The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991
(A) In section 3, in Explanation, for the words “the same meaning as in section 146 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “the same meaning as in section 191(1) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(B) In section 7, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
112
2023
15
The Gujarat Public Universities Act, 2023
(A) In section 12, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
113
1992
4
The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992
(A) In section 14, for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 15, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
114
2006
16
The Gujarat Registration of Marriages Act, 2006
(A) In section 19, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
115
2018
1
The Gujarat Rood Safety Authority Act, 2018.
(A) In section 28, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
116
1984
4
The Gujarat Rural Development Cess Act, 1984
In section 12, for the words “the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “the BharatiyaNagarik Suraksha Sanita, 2023 (46 of 2023)” shall be substituted.
117
1973
18
The Gujarat Secondary and Higher Secondary Education Act, 1972
(A) In section 39, in sub-section (6), in clause (d), for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 49, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
118
2017
20
The Gujarat Self-financed Schools (Regulation of Fees) Act, 2017
(A) In section 8, in sub-section (3), in clause (b), for the words “within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860)”, the words “within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (B) In section 19, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
119
1973
11
The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973.
(A) In section 54, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
120
2011
18
The Gujarat State Council for Physiotherapy Act, 2011
(A) In section 37, for the words “as defined under the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “as defined under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (B) In section 39, in clause (d), for the words “as an expert under the Indian Evidence Act, 1872”, the words “as an expert under the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)” shall be substituted; (C) In section 44, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted; (E) In section 47, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
121
2017
1
The Gujarat State Higher Education Council Act, 2016
(A) In section 26, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
122
2014
5
The Gujarat State School Service Commission Act, 2013.
(A) In section 13, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
123
2007
20
The Gujarat Technological University Act, 2007
(A) In section 40, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
124
1976
27
The Gujarat Town Planning And Urban Development Act, 1976
(A) In section 116, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
125
2015
9
The Gujarat University of Transplantation Sciences Act, 2015
(A) In section 35, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
126
2005
1
The Gujarat Value Added Tax Act, 2003
(A) In section 67, in sub-section (7), for the words “The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
(B) In section 82, in sub-section (2), for the words “within the meaning of section 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (XLV of 1860)”, the words “within the meaning of sections 229 and 267 and for the purposes of section 233 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(C) In section 87, –(i) in sub-section (1), for the words “that of a Metropolitan Magistrate”, the words “that of a Judicial Magistrate”, shall be substituted;(ii) in sub-section (2), for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(D) In section 88, in sub-section (2), for the words “conferred by the Code of Criminal Procedure, 1973 (2 of 1974)”, the words “conferred by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted;(E) In section 91, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(F) In section 92, in sub-section (2), in clause (a), for the words “any prosecution under the Indian Penal Code, 1860 (XLV of 1860)”, the words “any prosecution under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(G) In section 95, –(i) in sub-section (2), for the words “under the Indian Penal Code, 1860 (XLV of 1860)”, the words “under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted;(ii) In sub-section (4), for the words “under the Indian Penal Code, 1860 (XLV of 1860)”, the words “under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
127
1973
15
The Gujarat Veterinary Practitioners Act 1969
(A) In section 13, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
128
2010
8
The Indian Institute of Teacher Education, Gujarat Act, 2010
(A) In section 40, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Sr.No.
Year
Act No.
Short title
Amendment
(1)
(2)
(3)
(4)
(5)
129
2013
5
The Institute of Infrastructure, Technology, Research And Management Act, 2012
(A) In section 33, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
130
2007
21
The Kadi Sarva Vishva Vidyalaya Act, 2007
(A) In section 33, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
131
2005
25
The Shree Somnath Sanskrit University Act, 2005
(A) In section 37, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
132
2019
33
The Statue Of Unity Area Development and Tourism Governance Act, 2019.
(A) In section 50, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
133
2011
22
The Swarnim Gujarat Sports University Act, 2011.
(A) In section 42, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
134
1965
25
Gujarat Ancient Monuments and Archeological Sites and Remains Act, 1965
(A) In section 33, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
135
1972
23
Gujarat Essential Services Maintenance Act, 1972
(A) In section 8, for the words “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898)”, the words “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.
136
2013
Gujarat Fire Prevention and Life Safety Measures Act, 2013
(A) In section 35, for the words “that of a Metropolitan Magistrate or Judicial Magistrate First Class”, the words “that of a Judicial Magistrate First Class” shall be substituted; (B) In section 42, for the words “under section 176 of the Indian Penal Code, 1860””, the words “under section 175 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted; (C) In section 46, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
137
2014
5
Gujarat State School Services Commission Act, 2013
(A) In section 13, for the words “within the meaning of section 21 of the Indian Penal Code (XLV of 1860)”, the words “within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.
Gujarat govt’s related note(26 June):
The Parliament has enacted the Bharatiya Nyay Sanhita, 2023 (45 of 2023), Bharatiya Nagarik Sanhita, 2023 (46 of 2023) and the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) and has repealed the Indian Penal Code, 1860 (XLV of 1860), Code of Criminal Procedure, 1973 (2 of 1974) and the Indian Evidence Act, 1872 (1 of 1872). The newly enacted Bharatiya Nyay Sanhita, the Bharatiya Nagarik Sanhita and the Bharatiya sakshya Adhiniyam shall come into force with effect from the 1st July, 2024.
It is found that numerous Acts made by the State of Gujarat have references to the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. Such references are in the nature of mere reference to the said Central Acts or there are references to the said Central Acts as well as some of the provisions of the said Acts in the Gujarat Acts.
The Gujarat General Clauses Act, 1904 provides in section 9 thereof that where this Act, or any Bombay Act [Gujarat Act] made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references to any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted. Therefore, as the Parliament has repealed the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 and re-enacted them in the form of the Bharatiya Nyay Sanhita 2023, the Bharatiya Nagarik Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, section 9 of the Gujarat General Clauses Act, 1904 comes into play and the reference to the repealed Acts in the Gujarat Acts shall now mean reference to the newly re-enacted Acts. Still however, as there are references to the provisions of the said repealed Acts also, by way of abundant caution and in order to avoid ambiguity or confusion as to the relevant provision of the repealed Act and the new provision of the re-enacted Acts in the Gujarat Acts.
As the newly re-enacted Acts shall come into force with effect from 1st July, 2024, it is considered necessary to replace the references to the provisions and the repealed Acts in the Gujarat Acts by the provisions and the names of the new Acts.
As the Legislative Assembly of the State of Gujarat is not in session, the Gujarat Laws (Amendment of Provisions) Ordinance, 2024 is promulgated to amend the said Acts to achieve the aforesaid objects
