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

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

1958 : Bom.XCVII] 

 
 
 
 
 
 
 
 
 
 
 
 
 

GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
 
 

LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT 

BOMBAY ACT NO. XCVII OF 1958 

The Bombay Separation of Judicial And 
Executive Functions (Extension) and The 

Code of Criminal Procedure (Provision For 
Uniformity) Act, 1958 

 

 

 

 

 

(As modified upto the 31st October, 2006) 



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

1958 : Bom.XCVII] 

 

THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (EXTENSION) 
AND THE CODE OF CRIMINAL PROCEDURE (PROVISION FOR UNIFORMITY) ACT, 1958. 

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

CONTENTS 

PREAMBLE PAGE 

 NO. 

SECTIONS. 

1. Short title, extent and commencement. 1 

2. Separation of judicial and executive functions and uniformity 1 

 of Criminal Procedure Code, throughout State and 

 consequential provisions. 

3. Amendments not to render invalid notifications, orders, etc., 1 

 issued before commencement of this Act. 

4. Savings.                                        2 

5. Power to remove difficulties.  2 

 FIRST SCHEDULE 

 SECOND SCHEDULE 



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

1958 : Bom.XCVII] 

BOMBAY ACT No. XCVII OF 1958.1 

[THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (EXTENSION) 
AND THE CODE OF CRIMINAL PROCEDURE (PROVISION FOR UNIFORMITY) ACT, 1958]. 

[5th December, 1958] 

An Act to provide for the separation of the performance of judicial and executive 
functions by officers throughout the State of Bombay, to provide for uniformity in the 
Code of Criminal Procedure, 1898, in its application to the whole of 

the State, and for matters connected with the purposes aforesaid. 

WHEREAS the separation of the performance of judicial and executive functions by 
officers has been effected by law only in certain areas of the State of Bombay ; 

AND WHEREAS it is now expedient to provide for such separation of functions 
throughout the State; 

AND WHEREAS it is also expedient to provide for uniformity in the provisions of the 
Code of Criminal Procedure, 1898, in its application to the whole of the State of 
Bombay, and to provide for matters connected with the purposes aforesaid ; It is hereby 
enacted in the Ninth Year of the Republic of India as follows :- 

1. (1) This Act may be called the Bombay Separation of Judicial and Executive 
Functions (Extension) and the Code of Criminal Procedure (Provision for 
Uniformity) Act, 1958. 

 (2) It extends to the whole of the State of Bombay. 

 (3) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 

2. For the purpose of effecting, by law, the separation of the judicial and executive 
functions by officers throughout the State of Bombay, and also for proving for 
uniformity in the provisions of the Code of Criminal Procedure, 1898, in its 
application throughout the State, on the commencement of this Act, the Code 
of Criminal Procedure, 1898 (hereinafter referred to as “ the Code ”) as in force 
immediately before such commencement in the pre-Reorganisation State of 
Bombay (excluding the transferred territories), shall be so in force throughout 
the State of Bombay ; and accordingly- 

 (a) (i) all amendments made by any law in the provisions of the Code 
(whether) by way of modifications thereto, substitutions thereof, 
deletions therefrom, insertions therein, additions thereto, or 
otherwise) in the application exclusively of the Code to any of 
the areas at present forming the Saurashtra area, Kutch area, 
Hyderabad area or Vidarbha region, of the State of Bombay, and 
in particular the amendments made in the Code by the Acts 
specified in the First Schedule to this Act, shall cease to have 
effect and shall stand repealed ; and 

  (ii) all amendments made to the code in its application to the 
pre-Reorganisation State of Bombay (excluding the transferred 
territories), and in force at the commencement of this Act, shall 
be deemed to be extended to, and shall be in force in, the 
remaining part of the State and the relevant provisions of the 

V of 1898. 

Short title,extent 
and 
commencement. 

Separation of judicial 
and executive 
functions,and 
uniformity of 
Criminal Procedure 
Code,through out 
State,and 
consequential 
provisions. 

V of 1898. 

V of 1898. 



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

1958 : Bom.XCVII] 

Code shall be deemed to be amended (whether by way of 
modification thereto, substitution thereof, deletion therefrom, 
insertion therein, addition thereto, or otherwise) accordingly ; 

 (b) the amendments made to the Central Acts (other than the Code), in 
their application to the pre-Reorganisation State of Bombay, by the 
Bombay Separation of Judicial [(Amendment) Act, 1953, and the 
Bombay Separation of Judicial] and Executive Functions 
(Supplementary) Act, 1954, shall be deemed to be extended to, and 
shall be in force in the remaining part of the State of Bombay, to which 
such Central Acts extend ; and accordingly, those provisions in Central 
Acts in their application to the various areas of the State shall be 
deemed to be amended (whether by way of modification thereto, 
substitution thereof, deletion therefrom, insertion therein, addition 
thereto, or otherwise) and any amendments already made in those 
Central Acts and in force immediately before the commencement of this 
Act in any area of the State, which amendments conflict with or 
correspond to the amendments now extended, shall be repealed ; 

 (c) the laws specified in Parts I, II, III and IV of the Second Schedule shall be 
amended in the manner and to the extent specified in the fourth 
column of the said Schedule ; 

 (d) in sections 6 and 7 of the Code in its application to the State of Bombay, 
for the words “ pre-Reorganisation State of Bombay, excluding the 
transferred territories ” the words “ State of Bombay ” shall be 
substituted, and in the Schedule to the Central Acts on State and 
Concurrent Subjects (Bombay Adaptation) Order, 1957, all entries 
relating to the Code of Criminal Procedure, 1898, shall be deleted. 

3. The provisions of this Act which amend the Code, or any other Central Acts, or 
the State Acts specified in the second Schedule, so as to alter the manner in 
which, the authority or the law under which or in accordance with which, any 
powers are exercisable shall not render invalid any notification, order, 
commitment, [before the commencement of this Act; and any such notification, 
order, commitment], attachment, bye-law, rule or regulation or thing may be 
revoked, varied of undone in the like manner and to the like extent, and in the 
like circumstances, as if it had been done after the commencement of this Act 
by the competent authority and in accordance with the provisions then 
applicable to such a case. 

4. (1) Save as provided in this section, nothing in this Act shall be deemed to 
affect- 

  (a) the validity, invalidity, effect or consequence of anything done or 
suffered to be done in any area before the date on which the 
provisions of this Act come into force therein ; 

  (b) any right, privilege, obligation or liability already acquired, 
accrued or incurred before such date ; 

  (c) any penalty, forfeiture or punishment incurred or inflicted in 
respect of any act before such date ; 

Bom. XXIII of 
1951.       
Bom. XXIIV of 
1953.          
Bom. VIII of  
1954. 

V of 1898. 

Amendents not to 
render invalid 
notifications, 
orders,etc. issued 
before  
commencement 
of this Act. 

Savings. 



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

1958 : Bom.XCVII] 

  (d) any investigation, legal proceeding or remedy in respect of such 
right, privilege, obligation, liability, penalty, forfeiture or 
punishment ; 

and any such investigation, legal proceeding or remedy may be instituted, continued or 
enforced and any such penalty, forfeiture or punishment may be imposed in accordance 
with the provisions of the relevant Acts as amended by this Act. 

 (2) All legal proceedings pending before a Magistrate or Court on the date 
on which this Act comes into force shall, if such Magistrate or Court 
ceases to have jurisdiction in respect of such proceedings under the 
provisions of the relevant Acts as amended by this Act, stand 
transferred to the Magistrate or Court having jurisdiction under the 
provisions of by such Magistrate or Court, and such Magistrate and 
Court shall have all the powers and jurisdiction thereof as if they had 
been originally instituted before such Magistrate or in such Court. 

 5. If any difficulty arises in giving effect to the provisions of this Act, the 
State Government may by order do anything, not inconsistent with such 
provisions and for the furtherance of the purposes set out in section 2 
which appears to it to be necessary or expedient for the purpose of 
removing the difficulty. 

FIRST SCHEDULE. 

[See section (2) (a) (i).] 

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

 1 2 

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

 Saurashtra Laws … 1. The Saurashtra Separation of Judicial and Executive 
Functions Act, 1952 (Sau. Act IV of 1952). 

   2. The Code of Criminal Procedure (Saurashtra 
Amendment) Act, 1955 (Sau. Act XLV of 1955). 

 Madhya Pradesh Laws … 3. The Code of Criminal Procedure (Central Provinces 
and Berar Amendment) Act, 1936 (C. P. and Berar Act 
No. XIX of 1936). 

   4. The Madhya Pradesh Criminal Procedure Code 
(Amendment) Act, 1950 (Madhya Pradesh Act No. L 
of 1950). 

 

 

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

 

Power to remove 
difficulties. 



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

1958 : Bom.XCVII] 

SECOND SCHEDULE. 

[See section 2 (c). ] 

PART I. 

Acts in force in the Saurashtra area of the State of Bombay. 

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

 1892 I The Bombay In section 23, in sub-section (1), for the words 

   District “ a Magistrate ” the words, “ a Taluka Magistrate ”, 

   Vaccination  shall be substituted. 

   Act, 1892. 

 1951 XXXI The Saurash- (1) In section 11,– 

   tra Habitual  (i) for sub-section (1), the following shall 

   Offenders   be substituted, namely :- 

   Restriction   “(1) Where an order of restriction is  

   Act, 1951.   made against any person, the Court or 
Magistrate making such order or 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

      the Court of Magistrate to whom an 

      appeal would lie against such order 

      under section 13 may at any time on 

      its or his own motion or on an 

      application from such person and for 

      sufficient reasons to be recorded in 
writing, make an order canceling or 
modifying the order of restriction.” ; 

     (ii) sub-section (3) shall be deleted. 



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

1958 : Bom.XCVII] 

    (2) In section 13,- 

     (i) in clause (i), for the words “ by a 
magistrate ”  the words “ by an 
Executive Magistrate ” shall be 
substituted ; 

     (ii) in clause (ii), for the words “ Magistrate 
sub-ordinate to it ” the words “ Judicial 
Magistrate or a District Magistrate ” 
shall be substituted. 

 1952 XXIX The Saurashtra In section 5, in the first proviso, for the words 

   Identification “ except by a Magistrate of the first class ” the 

   of Prisoners words “ except by the District Magistrate, a Sub- 

   Act, 1952. Divisional Magistrate, or a Magistrate of the first 

    class ” shall be substituted. 

 1956 XXIX The Saurashtra In section 46, for the words beginning with the 
word 

   Children “ elsewhere ” and ending with the words “is 

   Act, 1956. situated ” the following shall be substituted, 
    namely :- 

    “elsewhere of the Court which passes any order 

    under this Act in respect of the child.” 

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

PART II. 

Acts in force in the Kutch area of the State of Bombay. 

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

 1867 VIII The Bombay (1) In section 1, the following paragraph shall 

   Village  be added, namely :- 

   Police  “The term ‘ Executive Magistrate ’ when 

   Act, 1867.  used in this Act has the meaning assigned 

     to it in the Code of Criminal Procedure, 

     1898. ” 



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

1958 : Bom.XCVII] 

    (2) In section 6, for the words “ the Magistrate ” 
where they occur for the second time, the 
words “ any other Executive Magistrate ” shall 
be substituted. 

    (3) In section 8, for the words “ the Magistrate ” 
the words “ the Executive Magistrate ” shall 
be substituted. 

    (4) In section 9, and 9A, for the words “ any 
Magistrate of the first class ” and “ Any 
Magistrate of the first class ” the words “ the 
Magistrate of the District ” and “ The 
Magistrate of the District ” shall respectively 
be substituted. 

    (5) In sections 19 and 21 for the words “ the 
Magistrate ” the words “ the Executive 
Magistrate ” shall be substituted. 

 1892 I The Bombay In section 23, in sub-section (1), for the words 

   District “ a Magistrate ” the words “ a Taluka Magistrate ” 

   Vaccination shall be substituted. 

   Act, 1892. 

1923 VI The Bombay In section 113– 

   Local Boards (i) for the words “ Magistrate or Bench of 

   Act, 1928.  Magistrates ” the words “ Judicial Magistrate 

     or Bench of such Magistrates ” shall be 

     substituted, and 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

    (ii) for the words “ State Government or of the 
District Magistrate ” the words “ Sessions 
Judge ” shall be substituted. 

 1925 XVIII The Bombay (1) For sub-section (1) of section 110, the 

   Municipal  following shall be substituted, namely :- 

   Boroughs  “(1) Appeals against any claim included in 



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

1958 : Bom.XCVII] 

   Act, 1925.  a bill presented under sub-section (1) of 
section 104 may be made to any Judicial 
Magistrate or Bench of such Magistrates by 
whom under the direction of the Sessions 
Judge such class of cases is to be tried. ” 

    (2) In sub-section (3) of section 180, for the 
words “ a Magistrate exercising not less than 
second class powers ” the words “ a Taluka 
Magistrate ” shall be substituted. 

    (3) In sub-section (1) of section 183, for the 
words “ a Magistrate of the first class ” the 
words “ a Taluka Magistrate ” shall be 
substituted. 

    (4) In section 189, for the words “Magistrate of 
the first class” the words “ Executive 
Magistrate ” shall be substituted. 

    (5) In section 196, for the words “ Magistrate of 
the first class ” the words “ Executive 
Magistrate ” shall be substituted. 

 1938 XIX The Bombay In section 3,- 

   Probation of (i) in sub-section (1), clauses (c) and (d) 

   Offenders,  shall be deleted, and 

   Act, 1938. (ii) in sub-section (3), the words “ or Sub 

     Divisional Magistrate ” shall be deleted. 

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

PART III. 

Acts in force in the Hyderabad area of the State of Bombay. 

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

 1355 II The Forest In section 70, for the words “ The District 

   Act, 1355F Magistrate or the Magistrate of the first class 
especially empowered in this behalf by the 
Government ” the words “ Any Magistrate of the 
first class specially empowered in this behalf by the 
State Government in consultation with the High 
Court ” shall be substituted. 



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

1958 : Bom.XCVII] 

 1951 XXXII The Hyderabad (1) In section 3,– 

   Children Act,  (i) for the brackets, letters and words “ 

   1951.   (c) a District Magistrate, (d) Chief 

       Magistrate, City Magistrate’s Court” the 
brackets, letter and words “ (c) a 
Magistrate of the First Class ” shall be 
substituted ; 

     (ii) the brackets, letter and words “ (f) any 
Magistrate specially empowered by the 
Government to exercise all or any such 
powers and ” shall be deleted. 

    (2) In section 4,- 

     (i) in sub-section (1), for the words “ 
District Magistrate to whom he is 
subordinate ” the words “ Magistrate of 
the First Class ” shall be substituted; 

     (ii) in sub-section (2), for the words “ The 
District Magistrate or the Magistrate ” 
the words “ The Magistrate ” shall be 
substituted. 

    (3) In section 61, in sub-section (1), for clauses (a) 
and (b) the following shall be substituted, 
namely :- 

     “(a) If passed by a Juvenile Court or a 
Magistrate, to the Court of Session.” 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

 1953 XII The Hyderabad In section 5, the words “ or Sub-Divisional 

   Probation of Magistrate ” shall be deleted. 

   Offenders Act,  In section 11,– 

   1953.  (i) for sub-section (1), the following shall 

      be substituted, namely :- 

 1954   XXII    The Hyderabad    (1)    “(1) Where an order of restriction is  
               

               Habitual offenders          made against any person, the Court 
or  



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

1958 : Bom.XCVII] 

                 (Restriction and         Magistrate making such order or the  

                Settlement)Act,1954.      Court or Magistrate to whom an 
appeal would lie against such order 
under section 13 may, at any time, on 
its or his own motion or on an 
application from such person 
and for sufficient reasons to be 
recorded in writing, make an order 
canceling or modifying the order of 
restriction.” ; 

     (ii) sub-section (3) shall be deleted. 

    (2) In section 13,- 

     (i) in clause (i), for the words “ by a 
Magistrate ”  the words “ by an 
Executive Magistrate ” shall be 
substituted ; 

     (ii) in clause (ii), after the words “ made by 
” the words “ a Judicial Magistrate or ” 
shall be inserted. 

 1954 XXIX The Hyderbad In section 53,- 

   Prisons (i) the words “ District Magistrate, or ” shall 

   Act, 1954.  be deleted ; 

    (ii) the first proviso shall be deleted; and 

    (iii) in the second proviso the word “ also ” shall 
be deleted. 

 1956 XV The Hyderabad (1) In section 7, for clauses (c), (d) and (e) the 

   Borstal Schools  following shall be substituted, namely :- 

   Act, 1956.  “(c) a Magistrate of the first class ”. 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

    (2) In section 8, for the words “ District 
Magistrate ” wherever they occur the words “ 
Magistrate of the first class ” shall be 
substituted. 

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



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

1958 : Bom.XCVII] 

PART IV. 

Acts in force in the Vidarbha region of the State of Bombay. 

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

 1880 XIII The In section 18, for the words “ the Magistrate of 

   Vaccination the district, or such Magistrate as the State 

   Act, 1880. Government or the Magistrate of the district ” 

    the words “such Magistrate as the State 

    Government ” shall be substituted. 

 1928 IV The Central (1) In section 5,- 

   Provinces  (i) in sub-section (2), for the words 

   and Berar   “District Magistrate or Sub-Divisional 

   Borstal   Magistrate ” the words “ Magistrate 

   Act, 1928.   of the first class ” shall be 

      substituted ; 

     (ii) in sub-section (3), for the words “ The 
District Magistrate or Sub-divisional 
Magistrate ” the words “ The 
Magistrate ” shall be substituted. 

    (2) For section 7 the following new section shall 
be substituted ;- 

   “ Special 7. When any male person not less than sixteen 

   Power of  or more than twenty-one years of age has  

   District  been sentenced for an offence to rigorous 

   Magistrate  imprisonment or transportation, or when 
such person having been ordered 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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



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

1958 : Bom.XCVII] 

     to give security for good behavior and having 
failed to give such security is imprisoned 
under sub-section (1) of section 123 of the 
Code of Criminal Procedure, 1898, and when 
by reason of such person’s criminal habits or 
tendencies or association with persons of bad 
character it is expedient in the opinion of the 
District Magistrate that he should be 
detained, the District Magistrate may order 
that the proceedings in his case shall be laid 
before the Sessions Judge and the provisions 
of sub-sections (2) and (3) of section 6 shall 
apply as if the proceedings has been referred 
under that section”. 

    (3) In section 12,- 

     (i) in sub-section (1), the words “ District 
Magistrate ” shall be deleted ; 

     (ii) in sub-section (2), for the words “ 
District Magistrate ” the words “ 
Magistrate of the first class ” shall be 
substituted. 

    (4) In section 13, in sub-section (1), the words “ 
District Magistrate ” shall be deleted. 

    (5) In section 26, the words “ District Magistrate ” 
shall be deleted. 

 1928 X The Central (1) In section 4, clauses (c) and (d) shall be 

   Provinces  deleted, and in clause (f) the words beginning 

   and Berar  with “ or Magistrate ” and ending with 

   Children  “ in this behalf ” shall be deleted. 

   Act, 1928. (2) In section 5, in sub-section (1), for the words “ 
District Magistrate or sub-divisional 
magistrate ” the words “ Magistrate so 
empowered ” shall be substituted. 

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

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

 Year. Number. Short title. Extent of amendment. 

 1 2 3 4 

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

    (3) In section 53, in sub-section (1), for 
clauses (a) and (b) the following shall be 
substituted :- 

V of 1898. 



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

1958 : Bom.XCVII] 

     “(a) if passed by a juvenile court or any 
Magistrate, to the Sessions Judge.” 

 1936 I The Central (1) In section 4, in sub-section (2), the words 

   Provinces  beginning with “ or a Magistrate ” and 

   and Berar  ending with “ in this behalf ” shall be deleted. 

   Probation of  In section 5, in sub-sections (1) and (2), for 

   Offenders Act, (2) the words “ District Magistrate or Sub- 

   1936.  Divisional Magistrate ” the words “ Magistrate 
so empowered ” shall be substituted. 

 1950 II The city of In section 164, in sub-section (1), for the words 

   Nagpur “ any Magistrate ” the words “ any Judicial 

   Corporation Magistrate ” and for the words “ District 

   Act, 1948. Magistrate ” the words “ Sessions Judge ” shall 

    be substituted. 

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

---------------- 

1. For Statement of Objects and Reasons see Bombay Government Gazette, 1958, Part V, pp. 
434 and 435.