•section 3 shall be completed within a period of thirty days from the date of
•registration of the First Information Report;
•(iv) in every inquiry or trial of a case under sub-section ( 2) or
•sub-section (3) of section 3, the proceedings shall be held as expeditiously as
•possible, and in particular, when the examination of witnesses has once begun,
•the same shall be continued from day to day until all the witnesses in attendance
•have been examined, unless the Court finds the adjournment of the same beyond
•the following day to be necessary for reasons to be recorded, and an endeavour
•shall be made to ensure that the inquiry or trial is concluded within a period of
•one year:
•Provided that where the trial is not concluded within the said period, the Judge
•shall record the reasons for not having done so:
•Provided further that the said period may be extended by such further period, for
•reasons to be recorded in writing, but not exceeding six months at a time.
•Insertion of
•new section
2B.
•Prohibition of
•violence
•against health-
•care service
•personnel and
•damage to
property.
•Amendment
•of section 3.
•Insertion of
•new sections
•3A, 3B, 3C,
•3D and 3E.
•Cognizance,
•investigation
•and trial of
offences.
•2 of 1974.
•45 of 1860.
3B.Where a person is prosecuted for committing an offence punishable under
•sub-section (2) of section 3, such offence may, with the permission of the Court, be
•compounded by the person against whom such act of violence is committed.
3C.Where a person is prosecuted for committing an offence punishable under
•sub-section (3) of section 3, the Court shall presume that such person has committed
•such offence, unless the contrary is proved.
3D.(1) In any prosecution for an offence under sub-section ( 3) of section 3
•which requires a culpable mental state on the part of the accused, the Court shall
•presume the existence of such mental state, but it shall be a defence for the accused to
•prove the fact that he had no such mental state with respect to the act charged as an
•offence in that prosecution.
(2)For the purposes of this section, a fact is said to be proved only when the
•Court believes it to exist beyond reasonable doubt and not merely when its existence
•is established by a preponderance of probability.
Explanation.—In this section, “culpable mental state” includes intention, motive,
•knowledge of a fact and the belief in, or reason to believe, a fact.
3E.( 1) In addition to the punishment provided for an offence under
•sub-section (2) or sub-section (3) of section 3, the person so convicted shall also be
•liable to pay, by way of compensation, such amount, as may be determined by the
•Court for causing hurt or grievous hurt to any healthcare service personnel.
(2)Notwithstanding the composition of an offence under section 3B, in case of
•damage to any property or loss caused, the compensation payable shall be twice the
•amount of fair market value of the damaged property or the loss caused, as may be
•determined by the Court.
(3)Upon failure to pay the compensation awarded under sub-sections ( 1) and
(2), such amount shall be recovered as an arrear of land revenue under the Revenue
•Recovery Act, 1890.’.
