During the second session of the third parliament, the National Assembly (NA) deliberated on 9 sections which were then forwarded to National Council (NC). The NC than deliberated on 9 sections during the 24th session of the NC and forwarded 19 sections, including amendments and new recommendation to the NA for re-deliberation.
However, out of 19 sections which were forwarded to the NA for re-deliberation, 12 sections were accepted while 7 sections remained disputed. With numerous debates, the joint sitting of the parliament adopted Civil and Criminal Procedure Code (amendment) (CCPC) Bill of Bhutan 2019 on Thursday. 65 members voted yes for the adoption of the bill while six abstained.
Chairperson of the legislative committee, Bongo-Chapcha MP Tshewang Lhamo presented the 7 disputed clauses in the NA whereby after a lot of discussions the house adopted the bill.
Discussions on non-bailable offences where done whereby the Joint Committee Recommendation states that the court shall not grant bail to a person who has been charged or anticipated to be charged with an offence of or above felony of the first degree.
Of the seven disputed clauses in the bill, the house have adopted six clauses while retained section 204 of the CCPC which states, the prosecution may motion the courts for new trails based on newly discovered evidence or on other grounds.
The joint committee has recommended adding new definition after section 216.19 of the CCPC which was adopted. The clause as per the joint committee’s recommendation says that, “Police Officer” includes the forest, immigration, custom and any other law enforcement officials who exercise the power of a police under their respective laws.
The other clause discussed was on bond amount, bail and bond and power to make rules.
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