THE CODE OF CRIMINAL PROCEDURE, 1973 ACT NO. 2 OF 1974 [25th January, 1974.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:
CHAP PRELIMINARY
CHAPTER I PRELIMINARY
1. Short title extent and commencement.
1. Short title extent and commencement. (1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-
but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.-In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
2. Definitions.
2. Definitions. In this Code, unless the context otherwise requires,
Explanation.-A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
(e) "High Court" means,-
(i) in relation to any State, the High Court for that State ;
(ii)in relation to a Union territory to which the juris- diction of the High Court for a State has been extended by law, that High Court;
(iii)in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
this Code 1*[and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify];
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1* Ins. by Act 45 of 1978, s. 2 (w.e,f, 18-12-1978). ----------------------------------------------------------------------
813
3.
Construction of references.
3. Construction of references. (1) In this Code,-
(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires,-
(i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate ;
(ii)in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(i)in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area,
(ii)in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area ;
(d) any reference to the Chief Judicial Magistrate shall,in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, anyreference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code,-
(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class;
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(b) to a Magistrate of the second class or of class, shall be construed as a reference to Magistrate of the second class ; | the third a Judicial | |||||
(c) | to | a | Presidency Magistrate | or | Chief | Presidency |
Magistrate, shall be construed as a reference, respectively,
to a Metropolitan Magistrate or the Chief Metropolitan Magistrate ;
(d) to any area which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area.
(4) Where, under any law, other than this Code, the functions exercisable by a Magistrate relate to matters-
4.
Trial of offences under the Indian Penal Code and other laws.
4. Trial of offences under the Indian Penal Code and other laws.
5.
Saving.
5. Saving. Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
CHAP
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6.
Classes Criminal Courts.
6. Classes Criminal Courts. Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:-
(iii) Judicial Magistrates of the second class ; and
(iv) Executive Magistrates.
7.
Territorial divisions.
7. Territorial divisions. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts :
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.
8.
Metropolitan areas.
8. Metropolitan areas. (1) The State Government may, bynotification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.
one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5)Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pendingimmediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation.-In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
9.
Court of Session.
9.Court of Session. (1) The State Government shall establish a Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3)The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
(4)The Sessions Judge of one sessions division may be appointedby the High Court to be also an Additional Sessions Judge of another division and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
(5)Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session byan Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6)The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the
prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
Explanation.-For the purposes of this Code, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.
10.
Subordination of Assistant Sessions Judges.
10. Subordination of Assistant Sessions Judges.(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
11.
Courts of Judicial Magistrates.
11. Courts of Judicial Magistrates. (1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class,and at such places, as the State Government may, after consultation with the High Court, by notification, specify:
1*[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more SpecialCourts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]
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1 Ins. by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
12.
Chief Judicial Magistrate and Additional Chief Judicial Magistrate,etc.
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2)The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3)(a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b)Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
13.
Special Judicial Magistrates.
13. Special Judicial Magistrates. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1*[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area] :
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2)Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
2* [(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]
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1 Subs. by Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12- 1978).
2 Ins. by s. 4, ibid. (w.e.f. 18-12-1978). ----------------------------------------------------------------------
14.
Local jurisdiction of Judicial Magistrates.
14. Local jurisdiction of Judicial Magistrates. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code :
1*[Provided that the Court of a Special Judicial Magistrate mayhold its sitting at any place within the local area for which it is established.]
(2)Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
1[(3) Where the local jurisdiction of a Magistrate, appointedunder section 11 or section 13 or section 18, extends to an area beyond 'the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.]
15.
Subordination of Judicial Magistrates.
15. Subordination of Judicial Magistrates. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge ; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2)The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.
16.
Courts of Metropolitan Magistrates.
16. Courts of Metropolitan Magistrates. (1) In everymetropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
-------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, S. 5 (w.e.f. 18-12-1978).
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17.
Chief Metropolitan Magistrates and Additional Chief MetropolitanMagistrates.
17. Chief Metropolitan Magistrates and Additional Chief Metropolitan Magistrates. (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2)The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
18.
Special Metropolitan Magistrates.
18. Special Metropolitan Magistrates. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate,*** in inspect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction :
Provided that no such power shall be conferred on a person unless lie possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2)Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order,direct.
2* [(3) The High Court or the State Government, as the case maybe, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers, of a Judicial Magistrate of the first class.]
19.
Subordination of Metropolitan Magistrates.
19. Subordination of Metropolitan Magistrates. (1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2)The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3)The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribu-
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1 Omitted by Act 45 of 1978, s, 6 (w.e.f. 18-12-1978).
2 Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 18-12-1978).
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tion of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.
20.
Executive Magistrates.
20. Executive Magistrates. (1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
21.
Special Executive Magistrates.
Local jurisdiction of Executive Magistrates.
22. Local jurisdiction of Executive Magistrates. (1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code. ---------------------------------------------------------------------
*1 Subs. by Act 45 of 1978, s. 7, for "all or any" (w.e.f. 18-12-1978).
2 Ins. by s. 7, ibid. (w.e.f. 18-12-1978). ---------------------------------------------------------------------
(2)Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
23.
Subordination of Executive Magistrates.
23. Subordination of Executive Magistrates. (1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub- division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an additional District Magistrate.
24.
Public Prosecutors.
1*[24. Public Prosecutors. (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, anyprosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.
(2)The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area.
(3)For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.
(4)The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
(5)No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 8, for s. 24 (w.e.f. 18-12-1978). ---------------------------------------------------------------------
his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).
(7)A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
25.
Assistant Public Prosecutors.
25. Assistant Public Prosecutors. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
1*[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.]
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
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1 Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978) ----------------------------------------------------------------------
(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appointany other person to be the Assistant Public Prosecutor in charge of that case;
Provided that a police officer shall not be so appointed-
CHAP POWER OF COURTS
CHAPTER III POWER OF COURTS
26. Courts by which offences are triable.
26. Courts by which offences are triable. Subject to the other provisions of this Code,-
27.
Jurisdiction in the case of juveniles.
Sentences which High Courts and Sessions Judges may pass.
28. Sentences which High Courts and Sessions Judges may pass.
29.
Sentences which Magistrates may pass.
29. Sentences which Magistrates may pass. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
the first class.
30.
Sentences of imprisonment in default of fine.
30. Sentences of imprisonment in default of fine. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term-
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.
31.
Sentences in cases of conviction of several offences at one trial.
31. Sentences in cases of conviction of several offences at one trial. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after
the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that-
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
32.
Mode of conferring powers.
32. Mode of conferring powers. (1) In conferring powers under this Code, the High Court or the State Government, as the case maybe, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
33.
Powers of officers appointed.
Withdrawal of powers.
34. Withdrawal of powers. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powersconferred by it under this Code on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
35.
Powers of Judges and Magistrates exercisable by their successors-in-office.
35. Powers of Judges and Magistrates exercisable by their
successors-in-office. (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
CHAP
A.-POWERS OF SUPERIOR OFFICERS OF POLICE
CHAPTER IV
A.-POWERS OF SUPERIOR OFFICERS OF POLICE
36.
Powers of superior officers of police.
B.-AID TO THE MAGISTRATES AND THE POLICE
Public when to assist Magistrates and police.
37. Public when to assist Magistrates and police. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid-
38.
Aid to person, other than police officer, executing, warrant.
Public to give information of certain offences.
39. Public to give information of certain offences. (1) Everyperson, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code, (45 of 1860), namely:-
(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);
(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes)
shall, in the absence of any reasonable excuse, the burden of provingwhich excuse shall lie upon the person so aware, forthwith giveinformation to the nearest Magistrate or police officer of such commission or intention.
(2) For the purposes of this section, the term "offence" includes any act committed at any place out of India which would constitute an offence if committed in India.
---------------------------------------------------------------------- 1 Ans. by Act 42 of 1993, s. 3. ---------------------------------------------------------------------
40.
Duty of officers employed in connection with the affairs of a villageto makecertain report.
40. Duty of officers employed in connection with the affairs of a village to make certain report. (1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting-
(2) In this section,-
(iii) the words "officer employed in connection with the affairs of the village" means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.
CHAP
ARREST OF PERSONS
CHAPTER V
ARREST OF PERSONS
41.
When police may arrest without warrant.
41. When police may arrest without warrant. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section
110.
42.
Arrest on refusal to give name and residence.
42. Arrest on refusal to give name and residence. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
43.
Arrest by private person and procedure on such arrest.
43. Arrest by private person and procedure on such arrest. (1)Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or anyproclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
44.
Arrest by Magistrate.
44. Arrest by Magistrate. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at anytime arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
45.
Protection of members of the Armed Forces from arrest.
45. Protection of members of the Armed Forces from arrest. (1)Notwithstanding anything contained in sections 41 to 44 (bothinclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
46.
Arrest how made.
46. Arrest how made. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2)If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3)Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
47.
Search of place entered by person sought to be arrested.
47. Search of place entered by person sought to be arrested.
(1) If any person acting under a warrant of arrest, or any policeofficer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2)If ingress to such place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open anyouter or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or policeofficer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her everyreasonable facility for withdrawing, and may then break open the apartment and enter it.
(3)Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, havinglawfully entered for the purpose of making an arrest, is detained therein.
48.
Pursuit of offenders into other jurisdictions.
No unnecessary restraint.
Person arrested to be informed of grounds of arrest and of right tobail.
50. Person arrested to be informed of grounds of arrest and of right to bail. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other groundsfor such arrest.
(2)Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
51.
Search of arrested person.
51. Search of arrested person. (1) Whenever a person is arrested by a police officer under a warrant which does not providefor the taking of bail, or under a warrant which provides for the taking of bail but the Person arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the personarrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receiptshowing the articles taken in possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched,the search shall be made by another female with strict regard to decency.
52.
Power to size offensive weapons.
Examination of accused by medical practitioner at the request ofpoliceofficer.
53. Examination of accused by medical practitioner at the request of police officer. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable groundsfor believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,
and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
Explanation.-In this section and in section 54, "registeredmedical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register.
54.
Examination of arrested person by medical practitioner at the requestof thearrested person.
Procedure when police officer deputes subordinate to arrest with outwarrant.
55. Procedure when police officer deputes subordinate to arrest with out warrant. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer requiredto make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.
56.
Person arrested to be taken before Magistrate of officer in charge ofpolicestation.
56. Person arrested to be taken before Magistrate of officer in charge of police station. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to
bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a policestation.
57.
Person arrested not to be detained more than twenty-four hours.
57.Person arrested not to be detained more than twenty-four hours. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
58.
Police to report apprehensions.
Discharge of person apprehended.
59.Discharge of person apprehended. No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
60.
Power, on escape, to pursue and retake.
60. Power, on escape, to pursue and retake. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in anyplace in India.
(2)The provisions of section 47 shall apply to arrests under sub- section (1) although the person making any such arrest is not actingunder a warrant and is not a police officer having authority to arrest.
CHAP
PROCESSES TO COMPEL APPEARANCE
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.-Summons
61.
Form of summons.
61.Form of summons. Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may,from time to time, by rule direct, and shall bear the seal of the Court,
62.
Summons how served.
62.Summons how served. (1) Every summons shall be served by a police officer, or subject to such rules as the State Government maymake in this behalf, by an officer of the Court issuing it or other public servant.
63.
Service of summons on corporate bodies and societies.
Service when persons summoned cannot be found.
Procedure when service cannot be effected as before provided.
65.Procedure when service cannot be effected as before provided.If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
66.
Service on Government servant.
66. (1)Service on Government servant. Where the person summoned is in the active service of the Government the Court issuing the summons shall ordinarily send it in
duplicate to the head of the office in which such person is employed;and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
67.
Service of summons outside local limits.
67.Service of summons outside local limits. When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
68.
Proof of service in such cases and when serving officer not present.
68. Proof of service in such cases and when serving officer not present. (1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
69.
Service of summons on witness by post.
69. (1)Service of summons on witness by post. (1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employeethat the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.
B.-Warrant of arrest
70.
Form of warrant of arrest and duration.
70. Form of warrant of arrest and duration. (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
71.
Power to direct security to be taken.
71.Power to direct security to be taken. (1) Any Court issuing a warrant for the arrest of any person may be in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court,the officer to whom the warrant is directed shall take such security and shall release such person from custody.
72.
Warrants to whom directed.
72.Warrants to whom directed. (1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.
73.
Warrant may be directed any person.
73.Warrant may be directed any person. (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non- bailable, offence and is evading arrest.
74.
Warrant directed to police officer.
74.Warrant directed to police officer. A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon, the warrant by the officer to whom it is directed or endorsed.
75.
Notification of substance of warrant.
75.Notification of substance of warrant. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
76.
Person arrested to be brought before Court without delay.
76.Person arrested to be brought before Court without delay. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
77.
Where warrant may be executed.
77.Where warrant may be executed. A warrant of arrest may be executed at any place in India.
78.
Warrant forwarded for execution outside jurisdiction.
78. Warrant forwarded for execution outside jurisdiction. (1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed ; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.
79.
Warrant directed to police officer for execution outside jurisdiction.
79.Warrant directed to police officer for execution outside jurisdiction. (1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same,he. shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.
80.
Procedure on arrest of person against whom warrant issued.
80.Procedure on arrest of person against whom warrant issued. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.
81.
Procedure by Magistrate before whom such person arrested is brought.
81. Procedure by Magistrate before whom such person arrested is brought. (1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court :
Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and such person is ready and willing to give the security required by such directions the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the Court which issued the warrant :
Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 78, to release such person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71,
C. Proclamation and attachment.
82.
Proclamation for person absconding.
82. Proclamation for person absconding. (1) If any Court has reason to believe (whether after taking evidence or not) that anyperson against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows: -
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specifiedday, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
83.
Attachment of Property of person absconding.
83. Attachment of Property of person absconding. (1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,-
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall
authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3)If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
84.
Claims and objections to attachment.
84. Claims and objections to attachment. (1) If any claim is preferred to, or objection made to the attachment of, any propertyattached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83,the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this-sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.
85.
Release, sale and restoration of attached property.
85. Release, sale and restoration of attached property. (1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the propertyfrom the attachment.
residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
86.
Appeal from order rejecting application for restoration of attachedproperty.
86.Appeal from order rejecting application for restoration of attached property. Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.
D.-Other rules regarding processes
87.
Issue of warrant in lieu of, or in addition to, summons.
87.Issue of warrant in lieu of, or in addition to, summons. A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-
Arrest on breach of bond for appearance.
89.Arrest on breach of bond for appearance. When any person who is bound by any bond taken under this Code to appear before a Court,does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.
90.
Provisions of this Chapter generally applicable to summonses andwarrants of arrest.
90.Provisions of this Chapter generally applicable to summonses and warrants of arrest. The provisions contained in this Chapterrelating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.
CHAP
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.-Summons to produce
91.
Summons to produce document or other thing.
91. Summons to produce document or other thing. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
92.
Procedure as to letters and telegrams.
92. Procedure as to letters and telegrams. (1) If any document, parcel or thing In the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of anyinvestigation, inquiry, trial or other proceeding under this Code,such Magistrate or Court may require the postal or telegraphauthority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of anyCommissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraphauthority, as the case may be, to cause search to be made for and to detail such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).
93.
When search warrant may be issued.
93. When search warrant may be issued. (1)(a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or
it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2)The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3)Nothing contained in this section shall authorise anyMagistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
94.
Search of place suspected to contain stolen property, forgeddocuments, etc.
94. Search of place suspected to contain stolen property, forgeddocuments, etc. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that only such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable
(a) to enter, with such assistance as may be required, such
place, | |||||||
---|---|---|---|---|---|---|---|
(b) to warrant, | search | the | same in the manner | specified | in | the | |
(c) | to | take possession of any property or article | therein |
found which he reasonably suspects to be stolen property or
objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before
849
a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section appliesare-
(d) | forged documents; | ||||||
---|---|---|---|---|---|---|---|
(e) | false seals ; | ||||||
(f) | obscene | objects | referred | to in section | 292 | of | the |
Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
95.
Power to declare certain publications forfeited and to issue searchwarrants for the same.
95. Power to declare certain publications forfeited and to issue search warrants for the same. Where-
wherever printed, appears to the State Government to contain anymatter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code(45 of 1860), the State Government may,by notification, stating the grounds of its opinion, declare every copyof the issue of the newspaper containing such matter, and every copyof such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.
(2) In this section and in section 96,-
(3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 96.
96.
Application to High Court to set aside declaration of forfeiture.
96. Application to High Court to set aside declaration of forfeiture.(1)Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95.
97.
Search for persons wrongfully confined.
97.Search for persons wrongfully confined. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he
may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
98.
Power to compel restoration of abducted females.
98.Power to compel restoration of abducted females. Uponcomplaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
C.-General provisions relating to searches
99.
Direction, etc., of search warrants.
99.Direction,etc., of search warrants. The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.
100.
Persons in charge of closed place to allow search.
100.Persons in charge of closed place to allow search. (1)Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and
witness the search and may issue an order in writing to them or any of them so to do.
101.
Disposal of things found in search beyond jurisdiction.
101.Disposal of things found in search beyond jurisdiction. When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate ; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.
D.-Miscellaneous
102.
Power of police officer to seize certain property.
102.Power of police officer to seize certain property. (1) Anypolice officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
1*[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.]
103.
Magistrate may direct search in his presence.
103.Magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.
104.
Power to impound document, etc., produced.
Reciprocal arrangements regarding processes.
105.Reciprocal arrangements regarding processes. (1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that-
2*issued by it shall be served or executed at any place,-
(2) Where a Court in the said territories has received for service or execution
------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).
2 Subs. by Act 32 of 1988, S. 2.
-------------------------------------------------------------------
1*issued by--
it shall cause the same to be served or executed as if it were a summons or warrant received by it form another Court in the said arrested shall, so far as possible, be dealt with in accordance with procedure prescribed by sections 80 and 81,
territories | for | service | or | execution | within | its | local | |||
---|---|---|---|---|---|---|---|---|---|---|
jurisdiction ; and where- | ||||||||||
(i) | a | warrant | of | arrest has been | executed, | the | person |
(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101:
1*[Provided that in a case where a summons or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search warrant through such authority as the Central Government may, by notification, specify in this behalf.
CHAP
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106.
Security for keeping the peace on conviction.
106.Security for keeping the peace on conviction. (1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are-
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
-------------------------------------------------------------------- *1 Subs. & Ins. by Act 32 of 1988, S. 2.
2 Ins. by Act 40 of 1993, S. 2 (w.e.f. 20.7.1994). --------------------------------------------------------------------- 854C
CHAP
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS ANDPROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
1*[CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
105.
Definition.
105A.Definition. In this Chapter, unless the context otherwise requires,
105B
Assistance in securing transfer of persons.
105B.Assistance in securing transfer of persons. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.
1. Ins. by Act 40 of 1993, S. 2 (w.e.f. 20-7-1994).
854c1
(5) Where the person transferred to India pursuant, to sub-sec- tion (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisonershall be kept in such custody subject to such conditions as the Central Government may direct in writing.
105C
Assistance in relation to orders of attachment or forefeiture ofproperty.
105C.Assistance in relation to orders of attachment or forfeiture of property. (1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 105J (both inclusive).
(2)Where the Court has made an order for attachment or forfeiture of any property under subsection (1), and such property is suspected to be in a contracting State, the Court may issue a letter of requestto a Court or an authority in the contracting State for execution of such order.
(3)Where a letter of request is received by the Central Gov- ernment from a Court or an authority in a contracting State requesting attachment or forfeiture of the property. in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court as it thinks fit,for execution in accordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any other law for the time being in force.
105D
Identifying unlawfully acquired property.
105D.Identifying unlawfully acquired property. (1) The Court shall, under sub-section (1), or on receipt of a letter of requestunder sub-section (3) of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
105E
Seizure or attachment of property.
105E. Seizure or attachment of property. (1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposalof such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
854C2
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court within a period of thirty days of its being made.
105F
Management of properties seized or forfeited under this Chapter.
105F. Management of properties seized or forfeited under this Chapter. (1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2)The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under subsection (1) of section 105E or under section 105H in such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.
105G
Notice of forfeiture of property.
105G.Notice of forfeiture of property. (1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirtydays specified in the notice to indicate the source of income, earnings or assets, ot of wceich or by means of which be has acquiredsuch property, the evident on which be relies and other relevant information and particulars, and to show cause why all or any of such properties, as the cam may be, should not be declared to be proceeds of crime and forfeited to the Central Government,
(2)Where a notice under sub-section (1) to any person specifiesany property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other
105H
Forfeiture of property in certain cases.
105H.Forfeiture of property in certain cases. (1) The Court may, after considering the explanation, if any to the show-cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other Person, to such other person also) a reasonable opportunity of being heard by order record a finding whether all or any of the properties in question are proceeds of crime:
Provided that if the person affected (and in a case where the person affected holds any property specified in the notice throughany other person such other person also) does not appear before the Court or represent his case before it within at period or thirty days specified in the slow-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
(2) Where the Court is satisfied that some of the properties re- ferred to in the slow-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall
854C3
be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding according- ly under sub-section (1).
(3)Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.
(4)Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstand- ing anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.
105I
Fine in lieu of forfeiture.
105I. Fine in lieu of forfeiture. (1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the personaffected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
105J
Certain transfers to be null and void.
105J.Certain transfers to be null and void. Where after the making of in order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.
105K
Procedure in respect of letter of request.
105K. Procedure in respect of letter of request. Every letter of requests summons or warrant, received by the Central Government from,and every letter of request, summons or warrant, be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may be notification specify in this behalf.
105L
Application of this Chapter.
105L.Application of this Chapter. The Central Government may, by notification in the of Gazette, direct that the application of this Chapter in relation a contracting State with which reciprocal arrangements have been shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.]
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
107.
Security for keeping the peace in other cases.
107.Security for keeping the peace in other cases. (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peaceor disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1*[with or without sureties,] for keepingthe peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before anyExecutive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
108.
Security for good behaviour from persons disseminating seditiousmatters.
108.Security for good behaviour from persons disseminating seditious matters. (1) When [an Executive Magistrate]2* receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,-
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,-
(a)any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or
(b)any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amount to criminal intimidation or defamation under the India Penal Code (45 of 1860),
(ii) makes, produces, publishes or keeps for sale, imports,export conveys, sells, lets to hire, distributes, publiclyexhibits or in any other manner puts into circulation anyobscene matter such as is referred to in section 292 of the Indian Penal Code ( 45 of 1860),
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, S. 11 ( w.e.f. 18.12. 1978).
2 Subs by Act by 63 of 1980, S. 2 (w.e.f. 23.9.1980). ----------------------------------------------------------------------
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided,require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act,1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under tile authority of the State Government or some officer empowered by the State Government in this behalf.
109.
Security for good behaviour from suspected persons.
109.Security for good behaviour from suspected persons. When [an Executive Magistrate]1* receives information that there is within his local jurisdiction a person taking precaution to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such. period, not exceeding one year, as the Magistrate thinks fit.
110.
Security for good behaviour from habitual offenders.
110.Security for good behaviour from habitual offenders. When [an Executive Magistrate.]1* receives information that there is within his local jurisdiction a person who-
under section 489A, section 489B, section 489C or section 489D of that Code, or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or
----------------------------------------------------------------------
1 Subs. by Act 63 of 1980, S. 2 (w.e.f. 23.9.1980).
----------------------------------------------------------------------
(f) habitually commits, or attempts to commit, or abets the commission of-
(d)the Prevention of Food Adulteration Act, 1954 (37 of 1954);
(e)the Essential Commodities Act, 1955 (10 of 1955);
(f)the Untouchability (Offences) Act, 1955 (22 of 1955);
(g)the Customs Act, 1962 or (52 of 1962);
(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or
(g) is so desperate and dangerous as to render his being at large without security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond,with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
111.
Order to be made.
111.Order to be made. When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any)required.
112.
Procedure in respect of person present in Court.
112.Procedure in respect of person present in Court. If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.
---------------------------------------------------------------------- 1Subs. by Act 56 of 1974, s. 3 and Sch. IT, for cl. (b) (w.e.f.10-1-1975),
2 Ins. by s. 3 and Sch. II, ibid, (w.e.f. 10-1-1975). -------------------------------------------------------------------- 113.
Summons or warrant in case of person not so present.
Copy of order to accompany summons or warrant.
Power to dispense with personal attendance.
115.Power to dispense with personal attendance. The Magistrate may, if he sees sufficient cause, dispense with the personalattendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.
116.
Inquiry as to truth of information.
116.Inquiry as to truth of information. (1) When an order under section Ill has been read or explained under section 112 to a personpresent in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made
to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:
Provided that-
117.
Order to give security.
117.Order to give security. If, upon such inquiry, it is provedthat it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond with or without sureties, the with Magistrate shall make an order accordingly:
Provided that-
118.
Discharge of person informed against.
118.Discharge of person informed against. If, on an inquiryunder section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond,the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry,shall release him, or, if such person is not in custody, shall discharge him.
119.
Commencement of period for which security is required.
119.Commencement of period for which security is required. (1) If any person, in respect of whom an order requiring security is made under section 106 or section 117, is, at the time such order is made,sentenced to, or undergoing a sentence of, imprisonment, the periodfor which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
120.
Contents of bond.
120.Contents of bond. The bond to be executed by any such personshall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
121.
Power to reject sureties.
121.Power to reject sureties. (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond :
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
122.
Imprisonment in default of security.
122.Imprisonment in default of security. (1) (a) If any personordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for Which such security is to be given commences, the shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period -he gives the security to the Court or Magistrate who made the order requiring it.
(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.
123.
Power to release persons imprisoned for failing to give security.
123.Power to release persons imprisoned for failing to givesecurity. (1) Whenever 1*[the District Magistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chapter maybe released without ,hazard to the community or to any other person, he may order such person to be discharged.
----------------------------------------------------------------------1 Subs. by Act 45 of 1978, s. 12, for "the Chief Judicial Magistrate" (w.e.f. 18-12-1978).
----------------------------------------------------------------------
863
----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate"
(w.e.f. 18-12-1978). ----------------------------------------------------------------------
864
portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
124.
Security for unexpired period of bond.
124.Security for unexpired period of bond. (1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the originalsecurity.
(2) Every such order shall, for the purposes of section 120 to 123 (both inclusive), be deemed to be an order made under section 106 or section 117, as the case may be.
CHAP
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
CHAPTER IX
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
125.
Order for maintenance of wives, children and parents.
125.Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain-
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate" (w.e.f, 18-12-1978).
-----------------------------------------------------------------------
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct :
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Explanation.-For the purposes of this Chapter,-
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due :
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.-If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
126.
Procedure.
126.Procedure. (1) Proceedings under section 125 may be taken against any person in any district-
867
127.
Alteration in allowance.
127.Alteration in allowance. (1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit :
Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
128.
Enforcement of order of maintenance.
128.Enforcement of order of maintenance. A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any or to the person to whom the allowance is to be paid ; and such
order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance due.
CHAP
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY,
CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY,
A.-Unlawful assemblies
129.
Dispersal of assembly by use of civil force.
129.Dispersal of assembly by use of civil force. (1) Anyexecutive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse ; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.
130.
Use of armed forces to disperse assembly.
130.Use of armed forces to disperse assembly. (1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.
and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.
131.
Power of certain armed force officers to disperse assembly.
131.Power of certain armed force officers to disperse assembly.When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.
132.
Protection against prosecution for acts done under preceding sections.
132.Protection against prosecution for acts done under preceding sections. (1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except-
(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith ;
shall be deemed to have thereby committed an offence.
(3) In this section and in the preceding sections of this Chapter,-
officer, a petty officer, a non-commissioned officer and a non-gazetted officer;
person in the armed forces other than an officer.
B.-Public nuisances
133.
Conditional order for removal of nuisance.
133.Conditional order for removal of nuisance. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit,considers
such Magistrate may make a conditional order requiring the personcausing such obstruction or nuisance, or carrying on such trade or occupa-
tion, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order
(iii) to prevent or stop the construction of such building,or to alter the disposal of such substance ; or
or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.
Explanation-A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
134.
Service or notification of order.
134.Service or notification of order. (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons.
(2) If such order cannot, be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for conveying the Information to such person,
135.
Person to whom addressed to obey or show cause.
135.Person to whom addressed to obey or show cause. The person against whom such order is made shall-
136.
Consequences of his failing to do so.
136.Consequences of his failing to do so. If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code, and the order shall be made absolute.
137.
Procedure where existence of public right is denied.
137.Procedure where existence of public right is denied. (1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way,river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter.
138.
Procedure where he appears to show cause.
138.Procedure where he appears to show cause. (1) If the personagainst whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.
873
139.
Power of Magistrate to direct local investigation and examination ofan expert.
139.Power of Magistrate to direct local investigation and examination of an expert. The Magistrate may, for the purposes of an inquiry under section 137 or section 138-
140.
Power of Magistrate to furnish written instructions, etc.
140.Power of Magistrate to furnish written instructions, etc. (1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may-
141.
Procedure on order being made absolute and consequences ofdisobedience.
141.Procedure on order being made absolute and consequences of disobedience. (1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).
142.
Injunction pending inquiry.
142.Injunction pending inquiry. (1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to
the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2)In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3)No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
143.
Magistrate may prohibit repetition or connuance of public nuisance,.
143.Magistrate may prohibit repetition or connuance of public nuisance,. A District Magistrate or Sub-divisional Magistrate, or anyother Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law.
C.-Urgent cases of nuisance or apprehended danger
144.
Power to issue order in urgent cases of nuisance of apprehendeddanger.
144.Power to issue order in urgent cases of nuisance of apprehended danger. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any personlawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.
(2)An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3)An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4)No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5)Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6)The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7)Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case maybe, shall afford to the applicant an early opportunity of appearingbefore him or it, either in person or by pleader and showing cause against the order ; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
D.-Disputes as to immovable property
145.
Procedure where dispute concerning land or water is likely to causebreach of peace.
145. Procedure where dispute concerning land or water is likelyto cause breach of peace. (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specifieddate and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2)For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
(3)A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute,
(4)The Magistrate shall then, without, reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute:
Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).
(5)Nothing in this section 'shall preclude any party so requiredto attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed ; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under subsection (1) shall be final.
(6)(a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.
(b)The order made under this sub-section shall be served and published in the manner laid down in sub-section (3).
(7)When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all personsclaiming to be representatives of the deceased party shall be made parties thereto.
(8)If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of. such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
(9)The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party,issue a summons to any witness directing him to attend or to produce any document or thing.
(10)Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.
146.
Power to attach subject of dispute and to appoint receiver.
146. Power to attach subject of dispute and to appoint receiver.
(1) If the Magistrate at any time after making the order under sub- section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof :
Provided that such Magistrate may withdraw the attachment at anytime if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.
(2)When the Magistrate attaches the subject of dispute, he may,if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908);
878
Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate-
147.
Dispute concerning right of use of land or water.
147. Dispute concerning right of use of land or water.
and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 145.
148.
Local inquiry.
148.Local inquiry. (1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
CHAP
PREVENTIVE ACTION OF THE POLICE
CHAPTER XI
PREVENTIVE ACTION OF THE POLICE
149.
Police to prevent cognizable offences.
149.Police to prevent cognizable offences. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
150.
Information of design to commit cognizable offences.
150.Information of design to commit cognizable offences. Everypolice officer receiving information of a design to commit anycognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
151.
Arrest to prevent the commission of cognizable offences.
151.Arrest to prevent the commission of cognizable offences. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant,the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.
152.
Prevention of injury to public property.
152.Prevention of injury to public property. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public land mark or buoy or other mark used for navigation.
153.
Inspection of weights and measures.
153.Inspection of weights and measures. (1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.
CHAP
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
154.
Information in cognizable cases.
154.Information in cognizable cases. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
155.
Information as to non-cognizable cases and investigation of suchcases.
155.Information as to non-cognizable cases and investigation of such cases. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
156.
Police officer's power to investigate cognizable case.
156.Police officer's power to investigate cognizable case. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court havingjurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3)Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
157.
Procedure for investigation preliminary inquiry.
157.Procedure for investigation preliminary inquiry. (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State
Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of
offence is given against any person by name and the case is
the case, and, if necessary, to take arrest of the offender; | measures | for | the | discovery and | |||||
---|---|---|---|---|---|---|---|---|---|
Provided that- | |||||||||
(a) | when | information | as | to the commission | of | any | such |
not of a serious nature, the officer in charge of a policestation need not proceed in person or depute a subordinate officer to make an investigation on the spot ;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.
158.
Report how submitted.
158.Report how submitted. (1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall,after recording such instructions on such report, transmit the same without delay to the Magistrate.
159.
Power to hold investigation or
159.Power to hold investigation or Such Magistrate, on receivingsuch report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate
Subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.
160.
Police officer's power to require attendance of witnesses.
160. Police officer's power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case ; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
(2)The State Government may, by rules made in this behalf,provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
161.
Examination of witnesses by police.
161. Examination of witnesses by police. (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or specialorder, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2)Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3)The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.
162.
Statements to police not to be signed: Use of statements in evidence.
162. Statements to police not to be signed: Use of statements in evidence. (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it ; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter
provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation.-An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant havingregard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
163.
No inducement to be offered.
163.No inducement to be offered. (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872).
(2) But no police officer or other person shall prevent, by anycaution or otherwise, any person from making in the course of anyinvestigation under this Chapter any statement which he may be disposed to make of his own free will :
Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.
164.
Recording of confessions and statements.
164.Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under anyother law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2)The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him ; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3)If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4)Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession ; and the Magistrate shall make a memorandum at the foot of such record to the following effect: -
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he maymake may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B. Magistrate".
165.
Search by police officer.
165.Search by police officer.(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place with the limits of the police station of which he is in charge, or to which he
is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
166.
When officer in charge of police station may require an other to issuesearchwarrant.
166.When officer in charge of police station may require an other to issue search warrant.(1) An officer in charge of a police station ora police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another policestation, whether in the same or a different district, to cause a search to be made in any place, in any case in which, the former officer might cause such search to be made, within the limits of his own station.
166A
Letter of request competent authority for investigation in a countryor placeoutside India.
2*166A. Letter of request competent authority for investigation in a country or place outside India. (1) Notwithstanding anythingcontained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.
166B
Letter of request from a country or place outside India to a Court oran authority for investigation in India.
166B.Letter of request from a country or place outside India to a Court or an authority for investigation in India. (1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or placefor the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit,-
as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section (1),or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authorityissuing the letter of request, in such manner as the Central Govern-ment may deem fit.
167.
Procedure when investigation cannot be completed in twenty four hours.
167.Procedure when investigation cannot be completed in twenty four hours. (1)Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceedingfifteen days in the whole ; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
Provided that-
1*[(a) the Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days ; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,-
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
--------------------------------------------------------------------- 1 subs. by Act 45 of 1978, s, 13, for paragraph (a) (w,e,f,18-12-1978).
2 Ins. by act 10 of 1990 , s.2 (w.e.f 19-2-1990) ______________________________________________________________________
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days,or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter ;]
(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;
(c) no Magistrate of the second class, not speciallyempowered in this behalf by the High Court, shall authorise detention in the custody of the police.
1 *[Explanation I.-For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail ;].
2*[Explanation II.-If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.]
1*[(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order ; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section,
_________________________________________________________________
1ins.by Act 45 of 1978, s. 13 (w.e.f. 18-12-1978).
2 Explanation numbered as Explanation II by s. 13, ibid. (w.e.f.18-12-1978). ________________________________________________________________
shall be taken into account in computing the period specified in para- graph (a) of the proviso to sub-section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.]
168.
Report of investigation by subordinate police officer.
Release of accused when evidence deficient.
169.Release of accused when evidence deficient. If, upon an
investigation under this Chapter, it appears to the officer in chargeof the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
170.
Cases to be sent to Magistrate, when evidence is sufficient.
170.Cases to be sent to Magistrate, when evidence is sufficient.
171.
Complainant and witnesses not to be required to accompany policeofficer and not to be subjected to restraint.
171.Complainant and witnesses not to be required to accompany
police officer and not to be subjected to restraint. No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.-
172.
Diary of proceedings in investigation.
172.Diary of proceedings in investigation. (1) Every policeofficer making an investigation under this Chapter shall day by dayenter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited
by him, and a statement of the circumstances ascertained through his investigation.
173.
Report of police officer on completion of investigation.
173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2)(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-
(a) the names of the parties; (b) the nature of the information;
(c)the names of the persons who appear to be acquainted with the circumstances of the case;
(d)whether any offence appears to have been committed and, if so,by whom ;
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed ; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).
174.
Police to enquire and report on suicide, etc.
174.Police to enquire and report on suicide, etc. (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body
of such deceased person is, and there, in the presence of two' or more respectable inhabitants of the neighbourhood, shall make an investiga- tion, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
1*(3) When-
(i) the case involves suicide by a woman within seven years of her marriage;or
(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman;or
(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests,namely, any District Magistrate or Sub-divisional Magistrate and anyother Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.
175.
Power to summon persons.
175.Power to summon persons. (1) A police officer proceeding under section 174, may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
176.
Inquiry by Magistrate into cause of death.
176.Inquiry by Magistrate into cause of death. (1) 2*[When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause(ii) of sub-section (3)of section 174] the nearest Magistrate- empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held bythe police officer ; and if he does so, he shall have all the powersin conducting it which he would have in holding an inquiry into an offence.
---------------------------------------------------------------------- 1 Subs. by Act 46 of 1983, S. 3
2 Subs. by s.4, ibid.
---------------------------------------------------------------------
Explanation.-In this section, expression "relative" means parents, children, brothers, sisters and spouse.
CHAP
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
177.
Ordinary place of inquiry and trial.
177.Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
178.
Place of inquiry or trial.
178.Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or
(d) where it consists of several acts done in different local areas,it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
179.
Offence triable where act is done or consequence ensues.
179.Offence triable where act is done or consequence ensues. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
180.
Place of trial where act is an offence by reason of relation to otheroffence.
180.Place of trial where act is an offence by reason of relation to other offence. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
181.
Place of trial in case of certain offences.
181.Place of trial in case of certain offences. (1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2)Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3)Any offence of theft, extortion or robbery may be inquiredinto or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to relieve it to be stolen property.
(4)Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5)Any offence which includes the possession of stolen propertymay be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
182.
Offences committed by letters, etc.
182.Offences committed by letters, etc. (1) Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried byany Court within whose local jurisdiction such letters or messageswere sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.
(2)Any offence punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a Court within whose
local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1*[or the wife by the first marriage has taken up permanent residence after the commission of the offence].
183.
Offence committed on journey or voyage.
183.Offence committed on journey or voyage. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
184.
Place of trial for offences triable together.
184.Place of trial for offences triable together. Where-
(a)the offences committed by any person are such that he may be charged with and tried at one trial for, each such offence by virtue of the provisions of section 219, section 220 or section 221,or
(b) the offence of offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 223,
the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.
185.
Power to order cases to be tried in different sessions divisions.
185.Power to order cases to be tried in different sessions divisions. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in anysessions division :
Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time beingin force.
186.
High Court to decide, in case of doubt, district where inquiry ortrial shall take place.
186.High Court to decide, in case of doubt, district where inquiry or trial shall take place. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided-
____________________________________________________________________
1 Ins. by Act 45 of 1978, s. 15 (w.e.f. 18-12-1980).
_____________________________________________________________________
and thereupon all other proceedings in respect of that offence shall be discontinued.
187.
Power to issue summons or warrant for offence committed beyond localjurisdiction.
187.Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner. hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond With or without sureties for his appearance before the Magistrate having such jurisdiction.
(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.
188.
Offence committed outside India.
188. Offence committed outside India. When an offence is committed outside India-
he may be dealt with in respect of such offence as if it had been com- mitted at any place within India at which he may be found :
Provided that, notwithstanding anything in any of the precedingsections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.
189.
Receipt of evidence relating to offences committed outside India.
189.Receipt of evidence relating to offences committed outside India. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicialofficer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holdings such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions exhibits relate.
CHAP
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS......
CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS......
190.
Cognizance of offences by Magistrates.
190.Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence-
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
191.
Transfer on application of the accused.
191.Transfer on application of the accused. When a Magistrate takes cognizance of an offence under clause(c) of sub-section (1)of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
192.
Making over of cases to Magistrates.
192.Making over of cases to Magistrates. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
193.
Cognizance of offences by Courts of Session.
193.Cognizance of offences by Courts of Session. Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of anyoffence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.
194.
Additional and Assistant Sessions Judges to try cases made over tothem.
Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence.
195. Prosecution for contempt of lawful authority of publicservants, for offences against public justice and for offences relating to documents given in evidence.(1) No Court shall take cognizance-
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub-clause (ii),
except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.
Provided that-
196.
Prosecution for offences against the State and for criminalconspiracy to commit such offence.
196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.(1) No Court shall take cognizance of-
except with the previous sanction of the Central Government or of the State Government.
2*(1A) No Court shall take cognizance of-
(a) any offence punishable under section 153B or sub-section
(2) or sub-section (3) of section 505 of the Indian Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.]
______________________________________________________________________
1 Subs.Act. 45 of 978, s. 16, for " a cognizable offence" (w.e.f. 18-12-1978)
2 subs. and ins by act 63 of 1980 s.3 (w.e.f.23-9-1980) ________________________________________________________________________
rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 155.
197.
Prosecution of Judges and public servants.
197. Prosecution of Judges and public servants. (1) When anyperson who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-
(a) in the case of a person who is employed or, as the case may be,was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b)in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:
1 [Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted.
1*(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.
(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accordedby the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause
198.
Prosecution for offences against marriage.
198. Prosecution for offences against marriage. (1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that-
(a) Where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to.
------------------------------------------------------------------- 1 Added and Ins. by Act 43 of 1991, s. 2 (w.e.f. 1991).
-------------------------------------------------------------------
make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
___________________________________________________________________
1 Subs. by Act 45 of 1978, s. 17, for "section 494" (w.e.f.18-12-1978).
2 Ins. by s. 17, ibid. (w.e.f. 18-12-1978). __________________________________________________________________
absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
198A
Prosecution of offences under section 498A of the Indian Penal Code.
1["198A. Prosecution of offences under section 498A of the Indian Penal Code. No Court shall take cognizance of an Offence Punishable section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or Upon a complaint made by the person aggrieved by the offence or by her father, mother,brother, sister or by her father's or mother's brother or sister or,with the leave of the Court, by any other person related to her by blood, marriage or adoption.
199.
Prosecution for defamation.
199. Prosecution for defamation. (1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that where such person is under the age of eighteenyears, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court make a complaint on his or her behalf.
----------------------------------------------------------------------
1 Ins. by Act 46 of 1983, s.5.
---------------------------------------------------------------------
CHAP
COMPLAINTS TO MAGISTRATES
CHAPTER XV
COMPLAINTS TO MAGISTRATES
Examination of complainant.
200.Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any,and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate :
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the
another Magistrate under section 192 after examining the complainant
discharge of complaint ; or | his official duties or a Court | has | made | the | ||
---|---|---|---|---|---|---|
(b) if the Magistrate makes over the case for inquiry trial to another Magistrate under section 192 : | or | |||||
Provided | further that if the Magistrate makes over the | case | to |
and the witnesses, the latter Magistrate need not re-examine them.
201.
Procedure by Magistrate not competent to take cognizance of the case.
201. Procedure by Magistrate not competent to take cognizance of the case.If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,-
202.
Postponement of issue of process.
202.Postponement of issue of process. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may,if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient groundfor proceeding:
Provided that no such direction for investigation shall be made,--
203.
Dismissal of complaint.
203.Dismissal of complaint. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing,
CHAP
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204.
Issue of process.
204.Issue of process. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
906
at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
205.
Magistrate may dispense with personal attendance of accused.
205.Magistrate may dispense with personal attendance of accused. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
206.
Special summons in cases of petty offence.
206.Special summons in cases of petty offence. (1) If, in the
opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by postor by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear bypleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader:
Provided that the amount of the fine specified in such summons shall not exceed one hundred rupees.
207.
Supply to the accused of copy of police report and other documents.
207.Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on a
154;
police report, the Magistrate shall without delay furnish accused, free of cost, a copy of each of the following: - | to | the | |||
---|---|---|---|---|---|
(i) the police report; | |||||
(ii) the | first | information report recorded | under | section |
(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173 ;
section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused :
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will onlybe allowed to inspect it either personally or through pleader in Court.
208.
Supply of copies of statements and documents to accused in other casestriableby Court of Session.
208.Supply of copies of statements and documents to accused in other cases triable by Court of Session. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: -
(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s, 18 (w,e.f, 18-12-1978). ---------------------------------------------------------------------
(ii) the statements and confessions, if any, recorded under section 161 or section 164 ;
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely :
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
209.
Commitment of case to Court of Session when offence is triableexclusively by it.
209.Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a policereport or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall-
1*[(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;]
210.
Procedure to be followed when there is a complaint case and policeinvestigation in respect of the same offence.
210.Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held byhim, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 19, for cl. (a) (w.e.f. 18-12-1978). ----------------------------------------------------------------------
the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of anyoffence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
CHAP
THE CHARGE.
CHAPTER XVII
THE CHARGE
A.-Form of charges
221.
Contents of charge.
211.Contents of charge. (1) Every charge under this Code shall state the offence with which the accused is charged.
(d)A is charged under section 184 of the Indian Penal Code(45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant.The charge should be in those words.
212.
Particulars as to time, place and person.
212.Particulars as to time, place and person. (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, It shall be sufficient to specify the gross sum or, as the case may be,describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be
deemed to be a charge of one offence within 219; | the | meaning | of | section | |||
---|---|---|---|---|---|---|---|
Provided | that | the time included between the first and | last | of | |||
such dates shall not exceed one year. |
213.
When manner of committing offence must be stated.
213.When manner of committing offence must be stated. When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
Illustrations
(e)A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
(f)A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
214.
Words in charge taken in sense of law under which offence ispunishable.
214.Words in charge taken in sense of law under which offence is punishable. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
215.
Effect of errors.
215.Effect of errors. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at anystage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Illustrations
(a)A is charged under section 242 of the Indian Penal Code (45 of 1860), with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge.Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.
(b)A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
(c)A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may inter from such facts that the omission to set out the manner of the cheating was, in the case, a material error.
(d)A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh: The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
(e)A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January 1882. When charged for the murder of Haider Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.
216.
Court may alter charge.
216.Court may alter charge.(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3)If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4)If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as maybe necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
217.
Recall of witnesses when charge altered.
217.Recall of witnesses when charge altered.Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed-
B.-Joinder of charges
218.
Separate charges for distinct offences.
218.Separate charges for distinct offences.(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately :
Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such personis not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.
Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
219.
Three offences of same kind within year may be charged together.
219.Three offences of same kind within year may be chargedtogether. (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law :
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860)shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
220.
Trial for more than one offence.
220.Trial for more than one offence. (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
The separate charges referred to in Illustrations (a) to (h), respectively, may be tried at the same time.
Illustrations to sub-section (3)
and B may be separately charged with, and convicted of, offences under sections 411 and 414 of the Indian Penal Code (45 of 1860).
221.
Where it is doubtful what offence has been committed.
221.Where it is doubtful what offence has been committed. (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
(2) If in such a case the accused is charged with one offence,and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section
receiving stolen property, or criminal breach of trust or cheating.
(1), he may be convicted of the offence which he is committed, although he was not charged with it. | shown | to | have | ||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Illustrations | |||||||||||
(a) | A | is | accused | of | an act which may | amount | to | theft, | or |
He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with havingcommitted theft, or receiving stolen property, or criminal breach of trust or cheating.
222.
When offence proved included in offence charged.
222.When offence proved included in offence charged. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.
(2)When a person is charged with an offence and facts are provedwhich reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.
223.
What persons may be charged jointly.
223.What persons may be charged jointly.The following persons may be charged and tried together, namely:-
the Indian Penal Code (45 of 1860). or either of those sections in respect of
917
stolen property the possession of which has been transferred by one offence;
(g) persons accused of any offence under Chapter XII of the Indian Penal Code relating to counterfeit coin and persons accused of any other offence under the said Chapter relatingto the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separateoffences and such persons do not fall within any of the categories specified in this section, the Magistrate may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
224.
Withdrawal of remaining charges on conviction on one of severalcharges.
224.Withdrawal of remaining charges on conviction on one of several charges. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may staythe inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or chargesso withdrawn.
CHAP
TRIAL BEFORE A COURT OF SESSION.
CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION
225.
Trial to be conducted by Public Prosecutor.
225.Trial to be conducted by Public Prosecutor. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
226.
Opening case for prosecution.
226.Opening case for prosecution. When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
227.
Discharge.
227.Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
228.
Framing of charge.
228.Framing of charge. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
(2) Where the Judge frames any charge under clause (b) of sub- section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
229.
Conviction on plea of guilty.
229.Conviction on plea of guilty. If the accused pleads guilty,the Judge shall record the plea and may, in his discretion, convict him thereon.
230.
Date for prosecution evidence.
230.Date for prosecution evidence. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
231.
Evidence for prosecution.
231.Evidence for prosecution. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in supportof the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
232.
Acquittal.
232.Acquittal. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the
Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
233.
Entering upon defence.
233.Entering upon defence. (1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
234.
Arguments.
234.Arguments. When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply :
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
235.
Judgment of acquittal or conviction.
235.Judgment of acquittal or conviction. (1) After hearing arguments and points of law (if any), the Judge shall give a judgmentin the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.
236.
Previous conviction.
236.Previous conviction. In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previousconviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.
237.
Procedure in cases instituted under section 199(2).
237.Procedure in cases instituted under section 199(2). (1) A Court of Session taking cognizance of an offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate :
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
CHAP
TRIAL OF WARRANT-CASES BY MAGISTRATES.
CHAPTER XIX
TRIAL OF WARRANT-CASES BY MAGISTRATES
A.-Cases instituted on a police report
238.
Compliance with section 207.
238.Compliance with section 207. When, in any warrant-case instituted on a police report, the accused appears or is broughtbefore a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.
239.
When accused shall be discharged.
239.When accused shall be discharged. If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing
240.
Framing of charge.
240.Framing of charge. (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
241.
Conviction on plea of guilty.
241.Conviction on plea of guilty, the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
242.
Evidence for prosecution.
242.Evidence for prosecution. (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
243.
Evidence for defence.
243.Evidence for defence. (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence,applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such .process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
B.-Cases instituted otherwise than on police report
244.
Evidence for prosecution.
244.Evidence for prosecution. (1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
245.
When accused shall be discharged.
245.When accused shall be discharged. (1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for
reasons to be recorded by such Magistrate, he considers the charge to be groundless.
246.
Procedure where accused is not discharged.
246.Procedure where accused is not discharged. (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a chargeagainst the accused.
247.
Evidence for defence.
247.Evidence for defence. The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.
C.-Conclusion of trial
248.
Acquittal or conviction.
248.Acquittal or conviction. (1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).
249.
Absence of complainant.
249.Absence of complainant. When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
250.
Compensation for accusation without reasonable cause.
250.Compensation for accusation without reasonable cause. (1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the personupon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not paycompensation to such accused or to each or any of such accused when there are more than one ; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.
(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian Penal Code (45 of 1860).shall, so far as may be, apply.
CHAP
TRIAL OF SUMMONS-CASES BY MAGISTRATES.
CHAPTER XX
TRIAL OF SUMMONS-CASES BY MAGISTRATES
251.
Substance of accusation to be stated.
251.Substance of accusation to be stated. When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or
has any defence to make, but it shall not be necessary to frame a formal charge.
252.
Conviction on plea of guilty.
252.Conviction on plea of guilty. If the accused pleads guilty,the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.
253.
Conviction on plea of guilty in absence of accused in petty cases.
253.Conviction on plea of guilty in absence of accused in pettycases.(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or bymessenger, a letter containing his plea and also the amount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.
254.
Procedure when not convicted.
254.Procedure when not convicted.(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
255.
Acquittal or conviction.
255.Acquittal or conviction. (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.
256.
Non-appearance or death of complainant.
256.Non-appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleaderor by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
257.
Withdrawal of complaint.
257.Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case under this Chapter,satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
258.
Power to stop proceedings in certain cases.
258.Power to stop proceedings in certain cases. In any summons- case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
259.
Power of Court to convert summons-cases into warrant-cases.
259.Power of Court to convert summons-cases into warrant-cases. When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months it appears to the Magistrate that in the interests of justice, the offence
should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may recall an witness who may have been examined.
CHAP
SUMMARY TRIALS.
CHAPTER XXI
SUMMARY TRIALS
260.
Power to try summarily.
260.Power to try summarily. (1) Notwithstanding anything contained in this Code-
may, if he thinks fit, try in a summary way all or any of the following offences : -
the India Penal Code (45 of 1860), where the value of the property stolen does no exceed two hundred rupees;
(iii) receiving or retaining stolen property, under
section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed two hundred rupees;
(iv) assisting in the concealment or disposal of stolen
property under section 414 of the Indian Panel Code (45 of 1860), where the value of such property does not exceed two hundred rupees;
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
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(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).
(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Code.
261.
Summary trial by magistrate of the second class.
261.Summary trial by magistrate of the second class. The HighCourt may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
262.
Procedure for summary trials.
262.Procedure for summary trials. (1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-ease shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
263.
Record in summary trials.
263. Record in summary trials.In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely : -
(f)the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause
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264.
Judgement in cases tried summarily.
264. Judgement in cases tried summarily.In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.
Language of record and judgement.
265. Language of record and judgement.(1) Every such record and
judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed bysuch Magistrate.
CHAP
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS.
CHAPTER XXII
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
266.
Definitions.
266. Definitions. In this Chapter,-
267.
Power to require attendance of prisoners.
267. Power to require attendance of prisoners.(1) Whenever, in the course of an inquiry, trial or other proceeding under this Code, it appears to a Criminal Court,-
the Court may make an order requiring the officer in charge of the prison to produce such person before the Court for answering to the charge or for the purpose of such proceeding or, as the case may be,for giving evidence.
268.
Power of State Government to exclude certain persons from operation ofsection
(2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely:-
269.
Officer in charge of prison to abstain from carrying out certaincontingencies.
269. Officer in charge of prison to abstain from carrying out certain contingencies. Where the person in respect of whom an order is made under section 267-
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the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining :
Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distant from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).
270.
Prisoner to be brought to Court in custody.
Power to issue commission for examination of witness in prison.
271. Power to issue commission for examination of witness in prison.The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.
CHAP EVIDENCE IN INQUIRIES AND TRIALS.
CHAPTER XXIII
EVIDENCE IN INQUIRIES AND TRIALS
A.-Mode of taking an recording evidence
272.
Language of Courts.
Evidence to be taken in presence of accused.
273. Evidence to be taken in presence of accused. Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader.
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Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.
274.
Record in summons-cases and inquiries.
274. Record in summons-cases and inquiries. (1) In all summons- cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of his evidence in the language of the Court :
Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in openCourt.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.
275.
Record in warrant-cases.
275. Record in warrant-cases. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf.
276.
Record in trial before Court of Session.
276. Record in trial before Court of Session. (1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court or, under his direction and superintendence, by an officer of the Court appointed by him in this behalf.
1*[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.]
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
277.
Language of record of evidence.
277. Language of record of evidence.In every case where evidence is taken down under section 275 or section 276,-
Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.
278.
Procedure in regard to such evidence when completed.
278. Procedure in regard to such evidence when completed. (1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 20, for sub-section (2) (w.e.f. 18-12-1978). ----------------------------------------------------------------------
935
(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.
279.
Interpretation of evidence to accused or his pleader.
279. Interpretation of evidence to accused or his pleader.(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.
280.
Remarks respecting demeanour of witness.
Record of examination of accused.
281. Record of examination of accused. (1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.
(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical
or other incapacity, under his direction and superintendence by officer of the Court appointed by him in this behalf. | an |
(3) The record shall, if practicable, be in the language which the accused is examined or, if that is not practicable, in language of the Court. | in the |
(4) The record shall be shown or read to the accused, or, if does not understand the language in which it is written, shall interpreted | he be |
to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
282.
Interpreter to be bound to interpret truthfully.
Record in High Court.
283. Record in High Court. Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it ; and such evidence and examination shall be taken down in accordance with such rule,
B.-Commissions for the examination of witnesses
284.
When attendance of witness may be dispensed with and commissionissued.
284. When attendance of witness may be dispensed with and commission issued.(1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:
Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.
(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the pleader's fees, be paid by the prosecution.
285.
Commission to whom to be issued.
285. Commission to whom to be issued. (1) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
286.
Execution of commissions.
Parties may examine witnesses.
287. Parties may examine witnesses. (1) The parties to anyproceeding under this Code in which a commission is issued mayrespectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
288.
Return of commission.
288. Return of commission. (1) After any commission issued under section 284 has been duly executed, it shall be returned, togetherwith the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission ; and the commission, the return thereto and the deposition shall be opened at all reasonable times to inspection of the parties, and
may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.
289.
Adjournment of proceeding.
Execution of foreign commissions.
290. Execution of foreign commissions. (1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.
(2) The Courts, Judges and Magistrates referred to in sub- section (1) are-
291.
Deposition of medical witness.
291. Deposition of medical witness. (1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition.
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292.
Evidence of officers of the Mint.
292. Evidence of officers of the Mint. (1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint or of the India Security Press (including the office of the Controller of Stamps and Stationery) as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of anyproceeding under this Code, may be used as evidence in any inquiry,trial or other proceeding under this Code, although such officer is not called as a witness.
293.
Reports of certain Government scientific experts.
293. Reports of certain Government scientific experts. (1) Anydocument purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
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294.
No formal proof of certain documents.
294. No formal proof of certain documents.(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document.
Provided that the Court may, in its discretion, require such signature to be proved.
295.
Affidavit in proof of conduct of public servants.
Evidence of formal character on affidavit.
296. Evidence of formal character on affidavit. (1) The evidence of any person whose evidence is of a formal character may be given byaffidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.
---------------------------------------------------------------------- 1* Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1980). ----------------------------------------------------------------------
297.
Authorities before whom affidavits may be sworn.
297. Authorities before whom affidavits may be sworn. (1) Affidavits to be used before any Court under this Code may be sworn or affirmed before-
1[(a) any Judge or any Judicial or Executive Magistrate, or]
298.
Previous conviction or acquittal how proved.
298. Previous conviction or acquittal how proved. In anyinquiry, trial or other proceeding under this Code, a previousconviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,-
(a) by an extract certified under the hand of the Officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order,or
(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered,
together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.
299.
Record of evidence in absence of accused.
299. Record of evidence in absence of accused. (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try 2*[,or commit for trial] such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or
---------------------------------------------------------------------- 1* Subs. by Act 45 of 1978, s. 22, for cl. (a) (w.e.f. 18-12-1978),
2* Ins. by s. 23, ibid. (w.e.f. 18-12-1978). ----------------------------------------------------------------------
his presence cannot be procured without an amount of -delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or personsunknown, the High Court or the Sessions Judge may direct that anyMagistrate of the first class shall hold an inquiry and examine anywitnesses who can give evidence concerning the offence and anydepositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.
CHAP GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 300.
Person once convicted or acquitted not to be tried for same offence.
300. Person once convicted or acquitted not to be tried for same offence.(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force,not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2)thereof.
Explanation.-The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.
Illustrations
301.
Appearance by Public Prosecutors.
301. Appearance by Public Prosecutors. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case, any private person instructs a pleaderto prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
302.
Permission to conduct prosecution.
302. Permission to conduct prosecution. (1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission :
Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2)Any person conducting the prosecution may do so personally or by a pleader.
303.
Right of person against whom proceedings are instituted to bedefended.
Legal aid to accused at State expense in certain cases.
304. Legal aid to accused at State expense in certain cases.(1)Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.
305.
Procedure when corporation or registered society is an accused.
305. Procedure when corporation or registered society is an accused. Right of person against whom proceedings are instituted to be defended.(1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).
306.
Tender of pardon to accomplice.
306. Tender of pardon to accomplice. (1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true dis-closure of the whole of the circumstances within his knowledgerelative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.
(2) This section applies to-
(3) Every Magistrate who tenders a pardon under sub-section (1) shall record-
and shall, on application made by the accused, furnish him with a copy of such record free of cost.
307.
Power to direct tender of pardon.
Trial of person not complying with conditions of pardon.
308. Trial of person not complying with conditions of pardon. (1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for anyother offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:
Provided that such person shall not be tried jointly with any of the other accused :
Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the HighCourt, and nothing contained in section 195 or section 340 shall apply to that offence.
(4) At such trial, the Court shall-
ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.
(5) If the accused does so plead, the Court shall record the plea an proceed with the trial and it shall, before passing judgmentin the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, pass judgmentof acquittal.
309.
Power to postpone or adjourn proceedings.
309. Power to postpone or adjourn proceedings. (1) In everyinquiry or trial, 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.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody :
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:
1*[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.]
Explanation 1.-If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Explanation 2.-The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.
310.
Local inspection.
310. Local inspection. (1) Any Judge or Magistrate may, at anystage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case,
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 24 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
so desires, a copy of the memorandum shall be furnished to him free of cost.
311.
Power to summon material witness, or examine person present.
Expenses of complaints and witnesses.
Power to examine the accused.
313. Power to examine the accused. (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-
Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
314.
Oral arguments and memorandum of arguments.
314. Oral arguments and memorandum of arguments. (1) Any partyto a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.
315.
Accused person to be competent witness.
315. Accused person to be competent witness. (1) Any personaccused of an offence before a Criminal Court shall be a competent
give rise to any presumption against himself or any person
witness for the defence and may give evidence on oath in disproof the charges made against him or any person charged together with at the same trial: | of him |
Provided that- | |
(a) he shall not be called as a witness except on his request in writing; | own |
(b) his failure to give evidence shall not be made subject of any comment by any of the parties or the Court | the or |
charged together with him at the same trial.
(2) Any person against whom proceedings are instituted in anyCriminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:
Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.
316.
No influence to be used to induce disclosure.
Provision for inquiries and trial being held in the absence ofaccused in certain cases.
317. Provision for inquiries and trial being held in the absence of accused in certain cases.(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judgeor Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personalattendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
318.
Procedure where accused does not understand proceedings.
Power to proceed against other persons appearing to be guilty ofoffence.
319. Power to proceed against other persons appearing to be guilty of offence.(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such personcould be tried together with the accused, the Court may proceedagainst such person for the offence which he appears to have committed.
320.
Compounding of offences.
320. Compounding of offences. (1) The offences punishable under the sections of the Indian Penal Code specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:-
TABLE
---------------------------------------------------------------------
Section of | ||
---|---|---|
the Indian | ||
Offence | Penal Code applicable | Person by whom offence may be compounded |
--------------------1 | ---------------------2 | -------------------------- 3 |
---------------------------------------------------------------------
Uttering words, etc., with 298 The person whose reli- deliberate intent to wound gious feelings are in- the religious feelings of tended to be compoun- any person. ded.
Causing hurt------------- 323, 334 The person to whom the hurt is caused.
Wrongfully restraining or 341, 342 The person restrained or confining any person. confined.
Assault or use of criminal 352, 355, 358 The person assaulted or force. to whom criminal force is
used.
Mischief, when the only loss 426, 427 The person to whom the or damage caused is loss or loss or damage is caused. damage to a private person.
Criminal trespass-------------447 The person in possession of the property tre- spassed upon.
House-trespass----------- 448 Ditto.
Criminal breach of contract 491 The person with whom the of service. offender has contracted.
Adultery----------------497 The husband of the woman.
Enticing or taking away or 498 Ditto. detaining with criminal in- tent a married woman.
1*[Defamation, except such 500 The person defamed. cases as are specified against section 500 of the Indian Penal Code in column 1 of the Table under sub-section (2).]
Printing or engraving matter, 501 Ditto. knowing it to be defamatory.
Sale of printed or engraved 502 Ditto. substance containing defa- matory matter, knowing it to contain such matter.
----------------------------------------------------------------------
1* Subs. by Act 45 of 1978, s. 25, for "defamation" (w. e. f. 18- 12-1978). ----------------------------------------------------------------------
--------------------------------------------------------------------- Section of the Indian
Offence Penal Code Person by whom offence applicable may be compounded
--------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------
Insult intended to provoke 504 The person insulted. a breach of the peace.
Criminal intimidation except 506 The person intimidated. when the offence is punish- able with imprisonment for seven years.
Act caused by making a person 508 The person against whom believe that he will be an the offence was commi- object of divine displeasure. tted.
--------------------------------------------------------------------
(2)The offences punishable under the sections of the Indian Penal (45 of 1860) Code specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:
TABLE
--------------------------------------------------------------------- Section of the Indian
Offence Penal Code Person by whom offence applicable may be compounded
--------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------
Voluntarily causing hurt by 324 The person to whom hurt dangerous weapons or means. is caused.
Voluntarily causing grievous 325 Ditto. hurt.
Voluntarily causing grievous 335 Ditto. hurt on grave and sudden provocation.
Causing hurt by doing an act 337 Ditto, so rashly and negligently as to endanger human life or the personal safety of others.
Causing grievous hurt by 338 Ditto. doing an act so rashly and negligently as to endanger human life or the personal safety of others.
Wrongfully confining a person 343 The person confined. for three days or more.
-------------------------------------------------------------------
--------------------------------------------------------------------- Section of the Indian
Offence Penal Code Person by whom offence applicable may be compounded
--------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------
Wrongfully confining for ten 344 or more days.
Wrongfully confining a person 346
perty, knowing it to be stolen,
in secret. | |
---|---|
Assault or criminal force to | 354 |
woman with intent to outrage her modesty. | |
Assault or criminal force in | 357 |
attempting wrongfully to con- fine a person. | |
Theft, where the value of property stolen does not exceed two hundred and | 379 |
fifty rupees. | |
Theft, by clerk or servant of property in possession of master, where the value of the property stolen does not exceed two hundred and | 381 |
fifty rupees. | |
Dishonest misappropriation of property | 403 |
Criminal breach of trust, where the value of the pro- perty does not exceed two hundred and a fifty rupees. | 406 |
Criminal breach of trust, by a carrier, wharfinger, etc., where the value of the property does not exc- eed two hundred and afifty rupees. | 407 |
Criminal breach of trust by a clerk or servant, where the value of the property does not exceed two hundred | 408 |
and fifty rupees. | |
Dishonestly, receiving stolen property, knowing it to be stolen, when the value of the stolen pro- perty does not exceed two hundred and fifty rupees. | 411 |
Assuming in the concealment or disposal of stolen pro- | 414 |
where the value of the stolen property does not exceed two hundred and fifty rupees.
The person confined.
Ditto.
The woman assulted to whom the criminal force was used.
The person assaulted or to whom the force was used.
The owner of the pro- perty stolen.
Ditto.
The owner of the property misappropriated.
The owner of the property in respect of which the breach of trust has been committed.
Ditto.
Ditto.
The owner of the property stolen.
Ditto.
Cheating. --------- 417 The person cheated.
Cheating a person whose in- 418 Ditto. terest the offender was bound, either by law or by legal contract, to protect.
--------------------------------------------------------------------
--------------------------------------------------------------------- Section of the Indian
Offence Penal Code Person by whom offence applicable may be compounded
--------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------
Cheating by personation 419
Cheating and dishonestly in- 420 ducing delivery of property or the making alternation or distruction of a valuable security.
Fraudulent removal over 421 concealment of property, etc., to prevent distribution among creditors.
Fraudulently preventing from 422 being made available for his creditors a debt or demand due to the offender.
Fraudulent execution of deed 423 of transfer containing false statement of consideration.
Fraudulent removal or con- 424 cealment of property.
Mischief by killing or mai- 428 ming animal of the value of ten rupees or upwards.
Mischief by killing or mai- 429 ming cattle, etc., of any value or any other animal of the value of fifty rupees or upwards.
The person cheated. Ditto.
The creditors who are affected thereby.
Ditto.
The person affacted thereby. Ditto. The owner of the animal.
The owner of the cattle or animal.
Mischief by injury to work of 430 The person to whom the
irrigation by wrongfuly diver- the loss or damage is ting water when the only loss caused. or damage caused is loss or damage to a private person.
House-trespass to commit an 451 The person in possession offence (other than theft) of the house trespassed punishable with imprisonment. upon.
Using a false trade or pro- 482 The person to whom lossperty mark or injury is caused by such use.
Counterfeiting a trade or 483 The person whose trade or property mark used by anot- property mark is counter- her. feited.
Knowingly selling, or expo- 486 Ditto. sing or possessing for sale or for manufacturing purpose, goods marked with a counter- feit property mark.
Marrying again during the 494 The husband or wife of lifetime of a husband or wife. the person so marrying.
--------------------------------------------------------------------
--------------------------------------------------------------------- Section of the Indian
Offence Penal Code Person by whom offence applicable may be compounded
--------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------
Defamation against the Presi- 500 The person defamed.dent or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.
Uttering words or sounds or 509 The woman whom it was making gestures or exhibiting intended to insult or any object intending to insult whose privacy was intru- the modesty of a woman or in- ded upon. truding upon the privacy of a woman.
---------------------------------------------------------------------
321.
Withdrawal from prosecution.
321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,-
in respect of such offence or offences : | ||
---|---|---|
Provided that where such offence- | ||
(i) was against any law relating to a matter to the executive power of the Union extends, or | which | |
(ii) was investigated by Establishment under the | the Delhi Special Delhi Special | Police Police |
Establishment Act, 1946 (25 of 1946), or
(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
and the Prosecutor in charge of the case hag hot been appointed by the Central Government, he shall not, unless he hag been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent,direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
322.
Procedure in cases which Magistrate cannot dispose of.
322. Procedure in cases which Magistrate cannot dispose of. (1)If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to Warrant a presumption-
(a) that he has no jurisdiction to try the case or commit it for trial, or
958
Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2)The Magistrate to whom the case is submitted may, if so em-powered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
323.
Procedure when, after Commencement of inquiry or trial, Magistratefinds case should be committed.
(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1) any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 239 or section 245, as the case maybe.
325.
Procedure when Magistrate cannot pass sentence sufficiently severe.
325. Procedure when Magistrate cannot pass sentence sufficiently severe.(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 26 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.
326.
Conviction or commitment on evidence partly recorded by oneMagistrate and partly by another.
326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.(1) Whenever any 1*[Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1*[Judge or Magistrate] who has andwho exercises such jurisdiction, the 1*[Judge or Magistrate] so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself :
Provided that if the succeeding 1*[Judge or Magistrate] is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
327.
Court to be open.
327.Court to be open.3[(1)] The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s.27, for Magistrate (w.e.f. 18-12- 1978).
2 Subs. by s.27 ibid. fpr Certain words (w.e.f. 18.12.1978).
3 Renumbered by Act, --- of 1983, s.4. ----------------------------------------------------------------------
Court, to which the public generally may have access, so far as the same can conveniently contain them:
Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person,shall not have access to, or be or remain in, the room or buildingused by the Court.
1*[(2) Notwithstanding anything contained in sub-section (1), he inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code shall be conducted in camera:
Provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used bythe court.
(3)Where any proceedings are held under sub-section (2), it shallnot be lawful for any person to print or publish any matter in relation to any such proceedings, except with 'the previous permission of the court.]
CHAP
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND.
CHAPTER XXV
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND.
328.
Procedure in case of accused being lunatic.
328. Procedure in case of accused being lunatic. (1) When a Magistrate holding an inquiry has reason to believe that the personagainst whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing.
(2) Pending such examination and inquiry, the Magistrate maydeal with such person in accordance with the provisions of section
330.
(3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.
329.
Procedure in case of person of unsound mind tried before Court.
329. Procedure in case of person of unsound mind tried before Court.(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.
(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Magistrate or Court.
---------------------------------------------------------------------- 1 Ins. by Act 43 of 1983, s.4. ----------------------------------------------------------------------
961
330
Release of lunatic pending investingaion or trial.
330.Release of lunatic pending investingaion or trial. (1) Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail maybe taken or not, may release him on sufficient security being giventhat he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.
(2)If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government :
Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
331.
Resumption of inquiry or trial.
331.Resumption of inquiry or trial. (1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.
(2)When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magis- trate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
332.
Procedure on accused appearing before Magistrate or Court.
332.Procedure on accused appearing before Magistrate or Court.
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2)If the Magistrate or Court considers the accused to be still in capable of making his defence, the Magistrate or Court shall act accordIng to the provisions of section 328 or section 329, as the case may be, and if the accused is, found to be of unsound mind and consequently incapable of, making his defence, shall deal with such accused in accordance with the provisions of section 330.
333.
When accused appears to have been of sound mind.
Judgement of acquittal on ground of unsoundness of mind.
334.Judgement of acquittal on ground of unsoundness of mind.Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
335.
Person acquitted on such ground to be detained in safe custody.
335.Person acquitted on such ground to be detained in safe custody. (1) Whenever the finding states that the accused person com-mitted the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,-
336.
Power of State Government to empower officer in charge to discharge.
336. Power of State Government to empower officer in charge to discharge.The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section
330.
or section 335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 or section 338.
337.
Procedure where lunatic prisoner is reported capable of making hisdefence.
Procedure where lunatic detained is declared fit to be released.
338. Procedure where lunatic detained is declared fit to be released.(1) If such person is detained under the provisions of sub- section (2)of section 330, or section 335, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.
(2)Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
339.
Delivery of lunatic to care of relative or friend.
339.Delivery of lunatic to care of relative or friend. (1)Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall-
(a) be properly taken care of and prevented from doing
injury to himself or to any other person;
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court ; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 332,and the certificate of the inspecting officer shall be receivable as evidence.
CHAP
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
CHAPTER XXVI
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
340.
Procedure in cases mentioned in section 195.
340. Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case maybe, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.
195.
341.
Appeal.
341. Appeal. (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1)or sub-section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court mighthave made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subjectto revision.
342.
Power to order costs.
Procedure of Magistrate taking cognizance.
343. Procedure of Magistrate taking cognizance. (1) A Magistrate to whom a complaint is made under section 340 or section 341 shall,notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a policereport.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicialproceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appealis decided.
344.
Summary procedure for trial for giving false evidence.
344. Summary procedure for trial for giving false evidence. (1)If, at the time of delivery of any judgment or final order disposingof any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness ap-pearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should
be tried summarily for giving or fabricating, as the case may be,false evidence, take cognizance of the offence and may, after givingthe offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.
further proceedings of the trial shall abide by the results of the appeal or application for revision.
345.
Procedure in certain cases of contempt.
345. Procedure in certain cases of contempt. (1) When any such offence as is described in section 175, section 178, section 179,section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
346.
Procedure where Court considers, that case should not be dealt withunder section 345.
346. Procedure where Court considers,that case should not be dealt with under section 345. (1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment
967
of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custodyto such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
347.
When Registrar or Sub-Registrar to be deemed a Civil Court.
Discharge of offender on submission of apology.
Imprisonment or committal of person refusing to answer or producedocument.
349. Imprisonment or committal of person refusing to answer or produce document.If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been, given, to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceedingseven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 345 or section 346.
1. Omitted by Act 56 of 1974 s. 3 and Sch. II (w.e.f. 10-1-1975).
350.
Summary procedure for punishment for non-attendance by a witness inobedience to summons.
350.Summary procedure for punishment for non-attendance by a witness in obedience to summons.(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
351.
Appeals from convictions under sections 344, 345, 349, and 350.
351. Appeals from convictions under sections 344, 345, 349, and 350.(1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349, or section 350 may, not-withstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
352.
Certain Judges and Magistrates not to try certain offences whencommitted before themselves.
352. Certain Judges and Magistrates not to try certain offences when committed before themselves.Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (otherthan a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicialproceeding.
CHAP
THE JUDGMENT.
CHAPTER XXVII
THE JUDGMENT
353.
Judgment.
353. Judgment. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the Presiding officer
immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,-
354.
Language and contents of judgment.
354. Language and contents of judgment.(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,-
(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
355.
Metropolitan Magistrate's judgment.
355. Metropolitan Magistrate's judgment.Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely: -
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356.
Order for notifying address of previously convicted offender.
356. Order for notifying address of previously convicted offender.(1) When any person, having been convicted by a Court in India of an offence punishable under section 215, section 489A,section 489B, section 489C or section 489D of the Indian Penal Code,(45 of 1860) or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment for a term of three years or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.
(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.
357.
Order to pay compensation.
357. Order to pay compensation. (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-
358.
Compensation to persons groundlessly arrested.
358. Compensation to persons groundlessly arrested. (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one hundred rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
359.
Order to pay costs in non-cognizable cases.
359. Order to pay costs in non-cognizable cases.(1) Whenever anycomplaint of a non-cognizable offence is made to a Court, the Court,if it convicts the accused, may, in addition to the penalty imposedupon him, order him to pay to the complainant, in whole or in part,the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
360.
Order to release on probation of good conduct or after admonition.
360. Order to release on probation of good conduct or after admonition.(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is-convicted of an offence not punishablewith death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his enteringinto a bond with or without sureties, to appear and receive sentence when called
upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour:
Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the HighCourt, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner providedby sub-section (2).
361.
Special reasons to be recorded in certain cases.
361. Special reasons to be recorded in certain cases. Where in any case the Court could have dealt with,-
but has not done so, it shall record in its judgment the special reasons for not having done so.
362.
Court not to after judgement.
Copy of judgement to be given to the accused and other persons.
363. Copy of judgement to be given to the accused and other persons.(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and
such copy shall, in every case where the judgment is appealable by the accused, be given free of cost :
Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.
Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, bysuch rules, provide.
364.
Judgement when to be translated.
Court of Session to send copy of finding and sentence to DistrictMagistrate.
365. Court of Session to send copy of finding and sentence to District Magistrate.In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
CHAP
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION.
CHAPTER XXVIII
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
366.
Sentence of death to be submitted by Court of session forconfirmation.
366. Sentence of death to be submitted by Court of session for confirmation.(1) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.
(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.
367.
Power to direct further inquiry to be made or additional evidence tobe taken.
367. Power to direct further inquiry to be made or additional evidence to be taken. (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.
368.
Power of High Court to confirm sentence or annul conviction.
368. Power of High Court to confirm sentence or annul conviction. In any case submitted under section 366, the High Court-
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
369.
Confirmation or new sentence to be signed by two Judges.
Procedure in case of difference of opinion.
Procedure in cases submitted to High Court for confirmation.
371. Procedure in cases submitted to High Court for confirmation. In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the HighCourt shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.
CHAP
APPEALS.
CHAPTER XXIX
APPEALS
372.
No appeal to lie, unless otherwise provided.
Appeal from orders requiring security or refusal to accept orrejectingsurety for keeping peace or good behaviour.
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. Any person,-
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-,section (2) or sub-section (4)of section 122.
374.
Appeals from convictions.
374. Appeals from convictions. (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 2[has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,-
may appeal to the Court of Session.
375.
No Appeal in certain cases when accused pleads guilty.
375. No Appeal in certain cases when accused pleads guilty.Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-
(a) if the conviction is by a High Court ; or ----------------------------------------------------------------------
1* Subs. by Act 45 of 1976, s. 28 for "has been passed" (w.e.f.18-12-1978). ----------------------------------------------------------------------
(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
376.
No appeal in petty cases.
376. No appeal in petty cases. Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely: -
Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground-
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
377.
Appeal by the State Government against sentence.
377. Appeal by the State Government against sentence. (1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(2) if such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act
other than this Code, 1[the Central Government may also direct] the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(3)When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
378.
Appeal in case of acquittal.
378. Appeal in case of acquittal. (1) Save as otherwise providedin sub-section (2) and subject to the provisions of sub-sections (3)and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a HighCourt 2*[or an order of acquittal passed by the Court of Session in revision.]
(2)If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal.
(3)No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4)If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5)No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6)If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub-section (2).
----------------------------------------------------------------------1 Subs. by Act 45 of 1978, s. 29, for certain words (w.e.f.18-12-1978).
2 Ins by s. 30, ibid. (w.e.f. 18-12-78). ----------------------------------------------------------------------
981
379.
Appeal against conviction by High Court in certain cases.
379. Appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
380
Special right of appeal in certain cases.
Appeal to Court of Session how heard.
381. Appeal to Court of Session how heard. (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
(2)An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
382.
Petition of appeal.
Procedure when appellant in jail.
Summary dismissal of appeal.
384. Summary dismissal of appeal. (1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that-
982
heard in support of the same, unless the Appellate Court con- siders that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case ;
(c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.
dispose of such appeal in accordance with law.
385.
Procedure for hearing appeals not dismissed summarily.
385. Procedure for hearing appeals not dismissed summarily. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given-
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant ;
(iv) if the appeal is under section 377 or section 378, to
the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
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386.
Power of the Appellate Court.
386. Power of the Appellate Court. After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may,if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-
(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
387.
Judgments of subordinate Appellate Court.
387. Judgments of subordinate Appellate Court. The rules contained in Chapter XXVII as to the judgment of criminal Court of original jurisdiction shall apply, so far as may be practice-
able, to the judgement in appeal of a Court of Session of Chief Judicial Magistrate:
Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
388.
Order of High Court on appeal to be certificated to lower Court.
388. Order of High Court on appeal to be certificated to lower Court. (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate; and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate.
(2)The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith.
389.
Suspension of sentence pending the appeal; release of appellant onbail.
389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
(2)The power conferred by this section on an Appellate Court maybe exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3)Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-
order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1) ; and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
390.
Arrest of accused in appeal from acquittal.
Appellate Court may take further evidence or direct it to be taken.
391. Appellate Court may take further evidence or direct it to be taken. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
392.
Procedure where Judges of Court of Appeal are equally divided.
Finality of judgments and orders on appeal.
393. Finality of judgments and orders on appeal. Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub- section (4) of section 384 or Chapter XXX :
Provided, that notwithstanding the final disposal of an appealagainst conviction in any case, the Appellate Court may hear and dispose of, oil the merits,-
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394.
Abatement of appeals.
394. Abatement of appeals. (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.
(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies duringthe pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal ; and if leave is granted, the appeal shall not abate.
Explanation.-In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.
CHAP
REFERENCE AND REVISION.
CHAPTER XXX
REFERENCE AND REVISION
395.
Reference to High Court.
395. Reference to High Court. (1) Where any Court is satisfied that a case pending before it involves a question as to the validityof any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
Explanation.-In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
396.
Disposal of case according to decision of High Court.
396. Disposal of case according to decision of High Court. (1)When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.
397.
Calling for records to exercise powers of revision.
397. Calling for records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding,sentence or order, -recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation.-All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- section and of section 398.
398.
Power to order inquiry.
Sessions Judge's powers of revision.
399. Sessions Judge's powers of revision. (1) In the case of anyproceeding the record of which has been called for by himself, the Sessions judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401.
400.
Power of Additional Sessons Judge.
High Court's Powers of revisions.
401. High Court's Powers of revisions. (1) In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equallydivided in opinion, the case shall be disposed of in the manner provided by section 392.
so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
402.
Powers of High Court to withdraw or tranfer revision cases.
402. Powers of High Court to withdraw or tranfer revision cases.
403.
Option of Court to hear parties.
Statement by Metropolitan Magistrate of ground of his decision to beconsidered by High Court.
High Courts' order to be certified to lower Court.
405. High Courts' order to be certified to lower Court. When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certifyits decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified ; and, if necessary, the record shall be amended in accordance therewith.
CHAP
TRANSFER OF CRIMINAL CASES.
CHAPTER XXXI
TRANSFER OF CRIMINAL CASES
406.
Power of Supreme Court to transfer cases and appeals.
406. Power of Supreme Court to transfer cases and appeals. (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one HighCourt to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2)The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3)Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposedthe application such sum not exceeding one thousand rupees as it may consider appropriate In the circumstances of the case.
407.
Power of High Court to transfer cases and appeals.
407. Power of High Court to transfer cases and appeals. (1) Whenever it is made to appear to the High Court-
991
it may order-
(iii) that any particular case be committed for trial to a Court of Session ; or
(iv) that any particular case or appeal be transferred to and tried before itself.
in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court's power of remand under section 309.
408.
Power of Sessions Judge to transfer cases and appeals.
408. Power of Sessions Judge to transfer cases and appeals. (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
409.
Withdrawal of cases and appeals by Sessions Judges.
409. Withdrawal of cases and appeals by Sessions Judges. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
410.
Withdrawal of cases by Judicial Magistrates.
410. Withdrawal of cases by Judicial Magistrates. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and mayinquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or trythe same.
(2)Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any other Magistrate and may inquire into or try such case himself.
411.
Making over or withdrawal of cases by Excutive Magistrates.
411. Making over or withdrawal of cases by Excutive Magistrates. Any District Magistrate or Sub-divisional Magistrate may-
412.
Reasons to be recorded.
412. Reasons to be recorded. A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.
CHAP EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
CHAPTER XXXII
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.-Death sentences
413.
Execution of order passed under section 368.
Execution of sentence of death passed by High Court.
Postponement of execution sentence of death in case of appeal toSupremeCourt.
415. Postponement of execution sentence of death in case of appeal to Supreme Court. (1) Where a person is sentenced to death bythe High Court and an appeal from its judgment lies to the SupremeCourt under subclause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution.
the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or, if an appeal is preferred within that period, until such appeal is disposed of.
416.
Postponement of capital sentence pregnant woman.
Power to appoint place of imprisonment.
417. Power to appoint place of imprisonment. (1) Except when otherwise provided by any law for the time being in force, the State Government may direct In what place any person liable to be imprisoned or committed to custody under this Code shall be confined.
(a) three years have elapsed since he was removed to the criminal jail, in Which case he shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Pro-
995
cedure, 1908 (5 of 1908 ), or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or
(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.
418.
Execution of sentence of imprisonment.
418. Execution of sentence of imprisonment. (1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the Court passingthe sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:
Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.
419.
Direction of warrant for execution.
Warrant with whom to be lodged.
C.-Levy of fine
Warrant for levy of fine.
421. Warrant for levy of fine. (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-
Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357.
Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.
422.
Effect of such warrant.
Warrant for levy of fine issued by a Court in any territory to whichthis Code does not extend.
Suspension of execution of sentence of imprisonment.
424.Suspension of execution of sentence of imprisonment. (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
D.-General provisions regarding execution
425.
Who may issue warrant.
425.Who may issue warrant. Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.
426.
Sentence on escaped convict when to take effect.
426. Sentence on escaped convict when to take effect. (1) When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
998
427
Sentence on offender already sentenced for another offence.
427.Sentence on offender already sentenced for another offence.
(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:
Provided that where a person who has been sentenced to imprison- ment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.
(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run con- currently with such previous sentence.
428.
Period of detention undergone by the accused to be set off againstthe sentence or imprisonment.
428. Period of detention undergone by the accused to be set off against the sentence or imprisonment. Where an accused person has, on conviction, been sentenced to imprisonment for a term 1*[,not being imprisonment in default of payment of fine], the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo
--------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 31 (w.e.f. 18-12-1978). ---------------------------------------------------------------------
imprisonment on such conviction shall be restricted to the remainder, any, of the term of imprisonment imposed on him.
429.
Saving.
429. Saving. (1) Nothing in section 426 or section 427 shall be held to excuse person from any part of the punishment to which he is liable upon his former or subsequent conviction.
(2)When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the personundergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.
430.
Return of warrant on execution sentence.
Money ordered to be paid recoverable as a fine.
431. Money ordered to be paid recoverable as fine. Any money(other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:
Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 421, after the words and figures "under section 357", the words and figures "or an order for payment of costs under section 359" had been inserted,
E.-Suspension, remission and commutation of sentences
432.
Power to suspend or remit sentences.
432. Power to suspend or remit sentences. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without Conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2)Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the. presiding Judge of the Court before or by which the con-
viction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3)If any condition on which a sentence has been suspended or remitted is, In the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4)The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5)The appropriate Government may, by general rules or specialorders give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail,and-
1001
433.
Power to commute sentence.
433. Power to commute sentence. The appropriate Government may, without the consent of the person sentenced, commute-
433A
Restriction on powers of remission or Commutation in certain cases.
1*[433A. Restriction on powers of remission or Commutation in certain cases. Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.]
434.
Concurrent power of Central Government in case of death sentences.
State Government to act after consultation with Central Government incertain cases.
435. State Government to act after consultation with Central Government in certain cases. (1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence Is for an offence-
(a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency
empowered to make investigation into an offence under any Central Act other than this Code, or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Govern-ment, or
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 32 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
shall not be exercised by the State Government except after consultation with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
CHAP
PROVISIONS AS TO BAIL AND BONDS.
CHAPTER XXXIII
PROVISIONS AS TO BAIL AND BONDS
436.
In what cases bail to be taken.
436. In what cases bail to be taken. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 446A1*.
(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section
446.
---------------------------------------------------------------------- 1 Ins. by Act 63 of 1980, s.4 (w.e.f. 23.9.1980) ----------------------------------------------------------------------
347.
When bail may be taken in case of non-bailable offence.
437. When bail may be taken in case of non-bailable offence.1*(1) When any person accused of, or suspected of, the commission of anynon-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-
Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his 1*[guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3)When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1),the Court may impose any condition which the Court considers necessary
(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its 1*[reasons or special seasons] for so doing.
---------------------------------------------------------------------- 1 Subs. by Act 63 of 1980, s.5 (w.e.f. 23.9.1980).
----------------------------------------------------------------------
438.
Direction for grant of bail to person apprehending arrest.
438. Direction for grant of bail to person apprehending arrest.
ance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).
439.
Special powers of High Court or Court of Session regarding bail.
439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct-
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any personwho has been released on bail under this Chapter be arrested and commit him to custody.
440.
Amount of bond and reduction thereof.
440. Amount of bond and reduction thereof. (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
441.
Bond of accused and sureties.
441. Bond of accused and sureties. (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
442.
Discharge from custody.
442. Discharge from custody. (1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(2) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
443.
Power to order sufficient bail when that first taken is insufficient.
Discharge of sureties.
444. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
445.
Deposit instead of recognizance.
445. Deposit instead of recognizance. When any person is required by any Court or officer to execute a bond with or without sureties,such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money
or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
446.
Procedure when bond has been forfeited.
446. Procedure when bond has been forfeited. (1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited,
or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited,
the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.
Explanation.-A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code.
1*["provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]
(3)The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
2*[446A. Cancellation of bond and bail-bond. Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition
Provided that subject to any other provision of this Code he maybe released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.]
447.
Procedure in case of insolvency or death of surety or when a bond isforfeited.
order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
448.
Bond required from minor.
Appeal from orders under section 446.
449. Appeal from orders under section 446. All orders passed under section 446 shall be appealable,-
450.
Power to direct levy of amount due on certain recognizances.
450. Power to direct levy of amount due on certain recognizances. The High Court or Court of Session may direct any Magistrate to levythe amount due on a bond for appearance or attendance at such High Court or Court of Session.
CHAP
DISPOSAL OF PROPERTY.
CHAPTER XXXIV
DISPOSAL OF PROPERTY
451.
Order for custody and disposal of property pending trial in certaincases.
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do,the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation.-For the purposes of this section, "property" includes-
452.
Order for disposal of property at conclusion of trial.
452. Order for disposal of property at conclusion of trial. (1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, bydestruction, confiscation or delivery to any person claiming to be entitle to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
453.
Payment to innocent purchaser of money found on accused.
Appeal against orders under section 452 or section 453.
454. Appeal against orders section 452 or section 453.(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.
with the case in which the order referred to in sub-section (1) was made.
455.
Destruction of libellous and other matter.
455. Destruction of libellous and other matter. (1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code (45 of 1860), order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.
456.
Power to restore possession of immovable property.
456. Power to restore possession of immovable property. (1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property :
Provided that no such order shall be made by the Court more than one month after the date of the conviction.
1011.
457.
Procedure by police upon seizure of property.
Procedure where no claimant appears within six months.
458. Procedure where no claimant appears within six months. (1)If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.
(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
459.
Power to sell perishable property.
459. Power to sell perishable property. If the person entitled to the possession of such property is un-known or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold ; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
CHAP
IRREGULAR PROCEEDINGS.
CHAPTER XXXV
IRREGULAR PROCEEDINGS
460.
Irregularities which do not vitiate proceedings.
460. Irregularities which do not vitiate proceedings. If anyMagistrate not empowered by law to do any of the following things,namely:-
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
461.
Irregularities which vitiate proceedings.
461. Irregularities which vitiate proceedings. If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:-
462.
Proceedings in wrong place.
Non-compliance with provisions of section 164 or section 281.
463. Non-compliance with provisions of section 164 or section
281. (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may,notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non- compliance, and may, if satisfied that such non-compliance has not in- jured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.
464.
Effect of omission to frame, or absence of, or error in, charge.
464. Effect of omission to frame, or absence of, or error in,charge. (1) No finding, sentence or order by a Court of competentjurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges,unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
(2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may-
Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
465.
Finding or sentence when reversible by reason of error, omission orirregularity.
465. Finding or sentence when reversible by reason of error,omission irregularity. (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
466.
Defect or error not to make attachment unlawful.
466. Defect or error not to make attachment unlawful. No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ or attachment or other proceedings relating thereto.
CHAP
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES.
CHAPTER XXXVI*1
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES.
467.
Definitions.
Bar to taking cognizance after lapse of the period of limitation.
468. Bar to taking cognizance after lapse of the period of limitation. (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only ---------------------------------------------------------------------
1 Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), s. 2 end Sch. ---------------------------------------------------------------------
1*[(3) For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
469.
Commencement of the period of limitation.
469. Commencement of the period of limitation. (1) The period of limitation, in relation to an offender, shall commence,-
(2) In computing the said period, the day from which such period is to be computed shall be excluded.
470.
Exclusion of time in certain cases.
470. Exclusion of time in certain cases. (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded :
Provided that no such exclusion shall be made unless the prosecution relates to the same facts 'and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computingthe period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
---------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 33 (w.e.f. 12-12-1978). ---------------------------------------------------------------------
471.
Exclusion of date on which Court is closed.
Continuing offence.
Extension of period of limitation in certain cases.
473. Extension of period of limitation in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiryof the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properlyexplained or that it is necessary so to do in the interests of justice.
CHAP
MISCELLANEOUS.
CHAPTER XXXVII
MISCELLANEOUS
474.
Trials before High Courts.
Delivery to commanding officers of persons liable to be tried byCourt-martial.
475. Delivery to commanding officers of persons liable to be tried by Court-martial. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union,for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.-In this section-
476.
Forms.
476. Forms. Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the
circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
477.
Power of High Court to make rules.
477. Power of High Court to make rules. (1) Every High Court may, with the previous approval of the State Government, make rules-
(2) All rules made under this section shall be published in the Official Gazette.
478.
Power to alter functions allocated to Executive Magistrates in certaincases.
Case in which Judge or Magistrate is personally interested.
479. Case in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial anycase to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.-A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any
--------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, S. 34, for "State Legislature" (w.e.f. 18-12-1978). 2 Subs. by S.34 ibid, for "requires" (w.e.f. 18.12-1978).
3 Subs. by Act 63 of 1980, s.8 (w.e.f. 23-09-1980).
---------------------------------------------------------------------
other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.
480.
Practising pleader not to sit as Magistrate in certain Courts.
Public servant concerned in sale not to purchase or bid for property.
Saving of inherent powers of High Court.
Duty of High Court to exercise continuous superintendence over Courtsof Judicial Magistrates.
Repeal and savings.
tigation pending, then, such appeal, application, trial, inquiry or
484. Repeal and savings. (1) The Code 1898 (5 of 1898), is hereby repealed. | of | Criminal | Procedure, |
---|---|---|---|
(2) Notwithstanding such repeal,- | |||
(a) if, immediately before the date on which this Code force, there is any appeal, application, trial, inquiry | comes into or inves- |
investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement, (hereinafter referred to as the Old Code), as if this
Code had not come into force :
Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;
1021.
SCHE
CLASSIFICATION OF OFFENCES
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTE.(1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian penal Code, but merely as indication of the substance of the section.
(2)In this Schedule, (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not Executive Magistrates; (ii) the word "cognizable" stands for a "a police officer may arrest without warrant"; and (iii) the word "non-cogninzable" stands for "a police officer shall not arrest without warrant".
I.--OFFENCES UNDER THE INDIAN PENAL CODE
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
CHAPTER V--ABETMENT
109 Abetment of any offence, if the act Same as for offence abetted
abetted is committed in consequence,
and where no express provision is made
for it is punishment.
110 Abetment of any offence, if the person Ditto
abetted does the act with a different
intention from that of the abettor.
111 Abetment of any offence, when Same as for offence
one act is abetted and a different intended to be abetted.
act is done; subject to the proviso.
113 Abetment of any offence, when an Same as for offence
effect is caused by the act abetted committed
different from that intended by the
abettor.
---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- According as offence According as offence Court by which abetted is cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable.
Ditto Ditto Ditto
Ditto Ditto Ditto
Ditto Ditto Ditto ----------------------------------------------------------------------
1022
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3
----------------------------------------------------------------------
114 Abetment of any offence, if Same as for offence committed abettor is present when offenceis committed.
115 Abetment of an offence, punishable Imprisonment for 7 years and with death or imprisonment for fine. life, if the offence be not committed in consequence of theabetment.
If an act which causes harm be Imprisonment for 14 years and done in consequence of the fine. abetment.
116 Abetment of an offence, punishable Imprisonment extending to a with imprisonment, if the offence quarter part of the longest be not committed in consequence term provided for the offence of the abetment. or fire, or both.
If the abettor or the person abetted Imprisonment extending to half be a public servant whose duty of the longest term provided it is to prevent the offence. for the offence, or fine, or
or both.
117 Abetting the commission of an Imprisonment for 3 years, or offence by the public or by more fine, or both. than ten persons.
118 Concealing a design to commit an Imprisonment for 7 years and offence punishable with death fine. or imprisonment for life, if the offence be committed.
If the offence be not committed Imprisonment for 3 years and fine.
---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- According as offence abetted According as offence Court by which is cognizable or non-cognizable abetted is bailable offence abetted or non-cognizable. or non-bailable. is triable. ---------------------------------------------------------------------- Ditto NOn-bailable Ditto.
Ditto Ditto Ditto.
Ditto According as offence Ditto. abetted is bailable or non-bailable.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Non-bailable Ditto.
Ditto Bailable Ditto.
----------------------------------------------------------------------
1023
119 A public servant concealing a Imprisonment extending to half design to commit an offence of the longest term provided which it is his duty to prevent, for the offence, or fine, or if the offence be committed. both.
If the offence be punishable with Imprisonment for 10 years death or imprisonment for life.
if the offence be not committed Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both.
120 Concealing a design to commit an Ditto offence punishable with impri- sonment, if offence be com- mitted.
If the offence be not committed Imprisonment extending to one- eighth part of the longest term provided for the offence fine, or both.
Ditto According as offence abetted Ditto. is bailable or non-bailable
Ditto non-bailable Ditto.
Ditto Bailable Ditto.
Ditto According as offence abetted Ditto. is bailable or non-bailable.
Ditto Bailable Ditto.
CHAPTER VA-CRIMINAL CONSPIRACY
120B Criminal conspiracy Same as for abetment According as the to commit an offence offence which is the offence which is punishable with death, object of the consp- the object of imprisonment for life iracy. conspiracy is co- or rigorous imprison- gnizable or non- ment for a term of two cognizable. years or upwards.
Any other criminal consp- Imprisonment for 6 Non-cognizableiracy. months, or fine, or both.
According as offence which is object Court by which abetment of conspiracy is bailable or non-bail- of the offence which is
able. the object of conspiracy is triable.
Bailable Magistrate of the first Class.
CHAPTER VI-OFFENCES AGAINST THE STATE
121 Waging or attempting to wage Death, or imprisonment for life war or abetting the waging of and fine. war, against the Government of India.
Cognizable Non-bailable Court of Session.
1024
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
121A | Conspiring to commit certain offences against the State. | Imprisonment for life, or impr- sonment for 10 years and fine. |
122 | Collecting arms, etc., with the intention of waging war against the Government ofIndia. | Imprisonment for life, or impr- isonment for 10 years and fine. |
123 | Concealing with intent to facilitate a design to wage war. | Imprisonment for 10 years and fine. |
124 Assaulting President, Governor,Imprisonment for 7 years and etc., with intent to compel or fine. restrain the exercise of anylawful power.
124A Sedition Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine.
125 Waging war against any Asiatic Imprisonment for life and fine, power in alliance or at peace or imprisonment for 7 years with the Government of India, and fine, or fine. or abetting the waging of suchwar.
126 Committing depredation on the Imprisonment for 7 years and territories of any power in fine, and forfeiture of certain alliance or at peace with the property. Government of India.
127 Receiving property taken by Ditto war or depredation mentioned in sections 125 and 126.
128 Public servant voluntarily Imprisonment for life, or impr- allowing prisoner of State isonment for 10 years and fine. or war in his custody toescape.
---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Cognizable Non-bailable Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto. ----------------------------------------------------------------------
1025
129 Public servant negligently suffering Simple imprisonment for 3 prisoner of State of war in his years and fine. custody to escape.
130 Aiding escape of rescuring or har- Imprisonment for life, or bouring, such prisoner, or offering imprisonment for 10 years any resistance to the recapture of fine. such prisoner.
CHAPTER VII--OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131 Abetting mutiny, or attempting Imprisonment for life, or impr- to seduce an officer, soldier, isonment for 10 years and fine. sailor or airman from his alle- giance or duty.
132 Abetment of mutiny, if mutiny Death, or imprisonment for life, is committed in consequence or imprisonment for 10 years and thereof. fine.
133 Abetment of an assault by an Imprisonment for 3 years and officer, soldier, sailor or fine. airman on his superior officer,
when in the execution of his office.
134 Abetment of such assault, if the Imprisonment for 7 years and assault is committed. fine.
135 Abetment of the desertion of an Imprisonment for 2 years, or officer, soldier, sailor or fine, or both.airman.
136 Harbouring such an officer, Ditto soldier, sailor or airman whohas deserted.
137 Deserter concealed on board Fine of 500 rupees merchant vessel, through negligence of master or person in charge thereof.
Ditto Bailable Magistrate of the first class.
Ditto Non-bailable Court of Session.
Cognizable Non-bailable Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the first class.
Ditto Ditto Ditto.
Ditto Bailable Any Magistrate.
Ditto Ditto Ditto.
Non-cognizable Ditto Ditto . ----------------------------------------------------------------------
1026
Section Offence Cognizable or
non-cognizable ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
138 Abetment of act of in sub- Imprisonment for 6 months, Cognizable ordination by an officer, or fine, or both. soldier, sailor or airman, if the offence be committed in consequence.
140 Wearing the dress or car- Imprisonment for 3 months, Ditto rying any token used by a or fine of 500 rupees, or soldier, sailor or airman both. with intent that it may be believed that he is such a soldier, sailor or airman.
---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Bailable Any Magistrate.
Ditto Ditto Ditto.
CHAPTER VIII--OFFENCES AGAINST THE PUBLIC TRANQUILITY
143 Being member of an unlawful Imprisonment for 6 months, or assembly. fine, or both.
144 Joining an unlawful assembly Imprisonment for 2 years, or fine, armed with any deadly weapon. or both.
145 Joining or continuing in an Ditto unlawful assembly, knowing that it has been committed to disperse.
147 Rioting Ditto
148 Rioting armed with a deadly Imprisonment for 3 years, or fine, weapon. or both.
149 If an offence be committed by The same as for the offence any member of an unlawful assembly, every other member of such assembly shall be guiltyof the offence.
Cognizable Bailable AnyMagistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the first class.
According as offence According as offence The Court byis cognizable or is bailable or non- which the offence non-cognizable. bailable. is triable.
1027
150 Hiring, engaging or employing The same as for a member of such persons to take part in an un- assembly, and for any offence lawfull assembly. committed by any member of such
assembly.
151 Knowingly joining or continuing Imprisonment for 6 months, or in any assembly of five or more fine, or both. persons after it has been com- manded to disperse.
152 Assaulting or obstructing Imprisonment for 3 year, public servant when suppressing or fine, or both.riot, etc.
153 Wantonly giving provocation Imprisonment for 1 year, or fine with intent to cause riot, if or both. rioting be committed.
If not committed Imprisonment for 6 months, or fine, or both.
153A Promoting enmity between Imprisonment for 3 years , or classes fine, or both.
Promoting enmity between Imprisonment for 5 years and classes in place of worship, fine. etc.
153B Imputations, assertions prej- Imprisonment for 3 years, or udicial to national integration. fine, or both.
If committed in a place of Imprisonment for 5 years and public worship, etc. fine.
154 Owner of occupier of land not Fine of 1,000 rupees giving information of riot, etc.
155 Person for whose benefit or on Fine
whose behalf a riot takes place not using all lawful means to prevent it.
Cognizable Ditto Ditto.
Ditto Bailable Any Magistrate.
Ditto Ditto Magistrate of the first class.
Ditto Ditto Any Magistrate.
Ditto Ditto Magistrate of the first class.
Ditto Non-bailable Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Non-cognizable Bailable Any Magistrate .
Ditto Ditto Ditto.
----------------------------------------------------------------------
1028
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
156 Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it .
157 Harbouring persons hired for an unlawful assembly.
158 Being hired to take part in an unlawful assembly or riot.
Or to go armed
160 Committing affray Fine
Imprisonment for 6 months, or fine, or both.
Ditto
Imprisonment for 2 years , or fine or both.
Imprisonment for one month, or fine of 100 rupees, or both.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable Cognizable Ditto Ditto Ditto Bailable Ditto Ditto Ditto Ditto
Any Magistrate. Ditto. Ditto. Ditto. Ditto.
CHAPTER IX--OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 Being or excepting to be Imprisonment for 3 years, or a public servant, and taking a fine, or both.
gratification other than legal remuneration in respect of anofficial act.
162 Taking a gratification in order, by corrupt or illegal means, to influence a public servant.
163 Taking a gratification for the exercise of personal influence with a public servant.
164 Abetment by public servant of Ditto
Simple imprisonment for 1 year or fine, or both.
Imprisonment for 3 years, or
the offences defined in the last fine, or both. two preceding clauses with refe- rence to himself.
Cognizable | Non-bailable | Magistrate of the first class. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
1029
165 Public servant obtaining any valuable thing, without consideration, from a personconcerned in any proceeding or business transacted bysuch public servant.
165A Punishment for abetment of offences punishable under section 161 or section 165.
166 Public servant disobeying a direction of the law with intent to cause injury to any person.
167 Public servant framing an incorrect document with intent to cause injury.
168 Public servant unlawfully engaging in trade.
169 Public servant unlawfully buying or bidding for property.
Ditto
Ditto
Simple imprisonment for 1 year, or fine, or both.
Imprisonment for 3 years or Cognizable fine, or both.
Simple imprisonment for 1 year, or fine, or both.
Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased.
170 Personating a public servant Imprisonment for 2 years, or fine, or both.
171 Wearing grab or carrying to- Imprisonment for 3 months, or ken used by public servant fine 200 rupees, or both.
fraudulent intent.
Ditto Ditto Non-cognizable Cognizable CHAPTER IXA--OFFENCES RELATING TO ELECTIONS
Ditto | Ditto. |
Ditto | Ditto. |
Bailable | Ditto. |
Ditto | Ditto. |
non-cognizable | Ditto | Ditto. | |
---|---|---|---|
Ditto | Ditto | Ditto. | |
Cognizable | Non-bailable | Any Magistrate. | |
Ditto | Bailable | Ditto. |
171E Bribery Imprisonment for 1 years, or
fine, or both, or if treating
only, fine only.
171F Undue influence at an Imprisonment for one year, orelection fine, or both.
Personation at an Imprisonment for one year, or
election fine, or both.
Non-cognizable Bailable Magistrate of the first class.
Ditto Ditto Ditto.
Cognizable Ditto Ditto. ---------------------------------------------------------------------
1030
---------------------------------------------------------------------- Section Offence Punishment ----------------------------------------------------------------------
171G False statement in connection with Fine an elections.
171H Illegal payments in connection Fine of 500 rupees with elections.
171I Failure to keep election accounts. Ditto
---------------------------------------------------------------------- Cognizable or Bailable or By what non-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Bailable Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
CHAPTER X--CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172 Absconding to avoid service of Simple imprisonment for 1 month, summons of other proceeding or fine of 500 rupees, or both. from a public servant.
If summons or notice require Simple imprisonment for 6 attendance in person, etc., months, or fine or 1,000 in a Court of Justice. rupees, or both.
173 Preventing the service of the Simple imprisonment for 1 months, affixing of any summons of noti- or fine of 500 rupees, or both. ce, or the removal of it when it has been affixed, or preven- ting a proclamation.
If summons, etc., require atten- Simple imprisonment for 6 months dance in person, etc., in a Court or fine of 1,000 rupees, or of Justice. both.
174 Not obeying a legal order to Simple imprisonment for 1 month attend at a certain place in or fine of 500 rupees, or both. person or by agent, or departing therefrom without authority.
If the order requires personal Simple imprisonment for 6 attendance, etc., in a Court of months, or fine or 1,000 Justice. rupees, or both.
Non-cognizable Bailable Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1031
175 internationally omitting to Simple imprisonment for 1 month, produce a document to a public or fine of 500 rupees, or both. servant by a person legally bound to produce or deliversuch document.
If the document is required to Simple imprisonment for 6 months, be produced in or delivered to or fine of 1,000 rupees, or both. a Court of Justice.
176 Intentionally omitting to give Simple imprisonment for 1 month, notice or information to a or fine, or 500 rupees, or both. public servant by a person legally bound to give such notice or information.
If the notice or information Simple imprisonment for 6 required respects the commission of an offence, etc.
If the notice or information is required by an order passed under sub-section (1) of section 356 of this Code.
177 Knowingly furnishing false in- formation to a public servant.
months, or fine if 1,000 rupees, or both.
Imprisonment for months, or fine of 1,000rupees, or both.
Ditto
If the information required res- Imprisonment for 2 pects the commission of an years, or fine, offence, etc. or both.
178 Refusing oath when duly required to take oath by a public servant. rupees, or both.
Non-Cognizable | Bailable |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Simple imprisonment for 6 months, or fine of 1,000
The court in which the offence is committed,subject to the provi- sions of Chapter XXVI; or, if not committed in a Court, any Magistrate.
Ditto.
Any Magistrate.
Ditto.
Ditto.
Ditto.
Ditto.
The Court in which the offence is committed, subject to the provis- ions of Chapter XXV. or if not committed in a Court, any Magistrate.
----------------------------------------------------------------------
1032
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
179 Being legally bound to state Simple imprisonment for 6 truth and refusing to answer months, or fine of 1,000
questions. rupees, or both.
servant on oath as true that | and fine. | ||
---|---|---|---|
which | is false. | ||
182. | Giving false information to Imprisonment for 6 months, a public servant in order to or fine of 1,000 rupees, or cause him to use his lawful both. | ||
power to the injury or annoyance of any person. | |||
183. | Resistance to the taking of property by the lawful auth- ority of a public servant. | Ditto |
---------------------------------------------------------------------- Cognizable or Bialable or By what court triable Non-cognizable Non-bailable
---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable Bialable
Ditto Ditto Ditto Ditto
Ditto Ditto The Court in which the offence is committed, subject to the provisions of Chapter XXV; or, if not committed in a Court, any Magistrate.
Ditto.
Magistrate of the first class.
Any Magistrate.
Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto.
---------------------------------------------------------------------- 1033
187 Omission to assist public Simple imprisonment for 1 servant when bound by law month, or fine of 200 rupees, to give such assistance. or both.
Wilfully neglecting to aid Simple imprisonment for 6 a public servant who demands months, or fine of 500 rupees,
aid in the execution of process, the prevention of offences, etc.
Disobedience to an order lawfully-promulgated by a public servant, if such disobedience causes obstruc- tion, annoyance or injury to persons lawfully employed.
If such disobedience causes
danger to human life,health fine if 1,000 rupees, or both. or safety, etc.
Threatening a public servant Imprisonment for 2 years, or with injury to him or one in fine, or both.
whom he is interested, to induce him to do or forbear to do any official act.
Threatening any person to induce him to refrain from making a legal application for protection from injury.
Non-Cognizable | Bailable |
Ditto | Ditto |
Cognizable | Ditto |
Ditto | Ditto |
Non-cognizable | Ditto |
Ditto | Ditto |
or both.
Simple imprisonment for 1 month, or fine of 200 rupees, or both.
Imprisonment for 6 months, or
Imprisonment for 1 year, or fine, or both.
Any Magistrate.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
CHAPTER XI-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
193 Giving or fabricating Imprisonment for 7 years and false evidence in a fine. judicial proceeding.
Giving or fabricating false Imprisonment for 3 years and evidence in any other case. fine.
194 Giving or fabricating false Imprisonment for life, or evidence with intent to cause rigorous imprisonment for 10 any person to be convicted years and fine. of a capital offence.
If innocent person be there- Death, or as above.
by convicted and executed.
Non-cognizable | Bailable | Magistrate of the firstclass. |
Ditto | Ditto | Any Magistrate. |
Ditto | Non-bailable | court of session. |
Ditto | Ditto | Ditto. |
----------------------------------------------------------------------
1034
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
195 Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7years or upwards.
196 Using in a judicial proceeding evidence known to be false or fabricated.
197 Knowingly issuing or signing a false certificate relatingto any fact of which such certificate is by law admis- sible in evidence.
198 Using as a true certificate one known to be false in a material point.
199 False statement made in any declaration which is by law receivable as evidence.
200 Using as true any such decl- aration known to be false.
The same as for the offences.
The same as for giving or fabricating false evidence.
Ditto
Ditto
Ditto
Ditto.
201 Causing disappearance of Imprisonment for 7 years and evidence of an offence comm- fine. itted, giving false informa- tion touching it to screen the offender, if a capitaloffence.
---------------------------------------------------------------------- Cognizable or Bialable or By what court triable Non-cognizable Non-bailable
---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Non-cognizable Non-bailable Court of Session.
Ditto According as offe- Court by which offence of nce of giving such giving or fabricating evidence is bailab- false evidence is triable. le or non-bailable.
Ditto Bailable Court by which offence of giving false evidence is triable.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
According as the Ditto Court of Session. offence in relation to which disappear- ance of evidence is caused is cogni- zable or non-cogni- zable.
----------------------------------------------------------------------
1035
If punishable with impris- Imprisonment for 3 years and onment for life or impris- fine. onment for 10 years.
If punishable with less than Imprisonment for a quarter of 10 years' imprisonment. the longest term provided for the offence, or fine, or both.
202 Intentional omission to give Imprisonment for 6 months, information of an offence by or fine, or both. a person legally bound toinform.
203 Giving false information res- Imprisonment for 2 years, or pecting an offence committed. fine, or both.
204 Secreting or destroying any Ditto.
document to prevent its prod- uction as evidence.
False personation for the pu- Imprisonment for 3 years, or rpose of any act or proceed- fine, or both. ing in a suit or criminal prosecution, or for becoming bail or security.
Fraudulent removal or conce- Imprisonment for 2 years, or alment, etc., of property to fine, or both.
prevent its seizure as a fo- rfeiture, or in satisfaction, of a fine under sentence, or in execution of a decree.
Claiming property without right, or practising decep- tion touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in exec- ution of a decree.
Non-cognizable Ditto Ditto
Ditto Ditto Ditto Ditto Ditto
Bailable Ditto Ditto
Ditto Ditto Ditto Ditto Ditto
Imprisonment for 2 years, or fine, or both.
Magistrate of the first
class. Court by which the offe- nce is triable.
Any Magistrate. Ditto.
Magistrate of the first class. Ditto. Any Magistrate. Ditto.
----------------------------------------------------------------------
1036
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
Fraudulently suffering a Imprisonment for 2 years, or
decree or to pass for a sum not due, or suffering decree to be executed after it has been satisfied.
209 False claim in a Court of Justice
210 Fraudulently obtaining a fine, or both.
Imprisonment for 2 years and fine.
Imprisonment for 2 years, or
decree for a sum not due, or fine, or both. causing a decree to be exec- uted after it has been satisfied.
211 False charge of offence made Ditto. with intent to injure.
If offence charged be punis- Imprisonment for 7 years and
hable with imprisonment for 7 years or upwards.
If offence charged be cap- ital or punishable with imprisonment for life.
Harbouring an offender,if the offence be capital.
fine. Ditto
Imprisonment for 5 years and fine.
If punishable with imprisonm- Imprisonment for 3 years and ent for life or with impriso- fine. nment for 10 years.
If punishable with imprisonm- Imprisonment for a quarter of ent for 1 year and not for 10 the longest term, and of the years. description, provided for the
offence, or fine, or both.
---------------------------------------------------------------------- Cognizable or bialable or By what court triable Non-cognizable Non-bailable
---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable | Bailable | Magistrate of the firstclass. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Court of Session. |
Cognizable | Ditto | Magistrate of the first class. |
Ditto | Ditto | Ditto. |
Ditto Ditto Ditto.
1037
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
213 Taking gift, etc., to screen Imprisonment for 7 years and
an offender from punishment if the offence be capital.
If punishable with impriso- nment for life or with imp- risonment for 10 years.
If punishable with impriso-
nment for less than 10 years. the longest term provided for the offence, or fine, or both.
214 Offering gift or restoration Imprisonment for 7 years and of property in consideration fine. of screening offender if the offence be capital.
If punishable with imprison- Imprisonment for 3 years and ment for life or with impris- fine. onment for 10 years.
If punishable with imprisonm- Imprisonment for a quarter of ent for less than 10 years. the longest term provided for the offence, or fine, or both.
215 Taking gift to help to reco- Imprisonment for 2 years, or
ver movable property of which a person has been dep- rived by an offence without causing apprehension ofoffender.
Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.
If punishable with impriso- nment for life or with imp- risonment for 10 years.
If punishable with impriso- nment for 1 year and not for 10 years.
fine.
Imprisonment for 3 years and fine. Imprisonment for a quarter of
fine, or both.
Imprisonment for 7 years and fine.
Imprisonment for 3 years, with or without fine.
Imprisonment for a quarter of the longest term provided for the offence, or fine, or both.
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Non-cognizable | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Cognizable | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
----------------------------------------------------------------------
1038
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
216A Harbouring robbers or dacoits Rigorous imprisonment for 7
217 Public servant disobeying a direction of law with intent to save person from punis- hment, or property from forfeiture.
218 Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture.
years and fine.
Imprisonment for 2 years, or fine, or both.
Imprisonment for 3 years, or fine, or both.
219 Public servant in a judicial Imprisonment for 7 years, or proceeding corruptly making fine, or both. and pronouncing an order, report, verdict, or decision which he knows to be contrary to law.
220 Commitment for trial or Ditto confinement by a person having authority, who knows that he is acting contrary to law.
221 Intentional omission to Imprisonment for 7 years, with apprehend on the part of or without fine.
a public servant bound by law to apprehend an offender, if the offence be capital.
If punishable with imprisonm- Imprisonment for 3 years, ent for life or imprisonment with or without fine. for 10 years.
---------------------------------------------------------------------- Cognizable or bialable or By what court triable Non-cognizable Non-bailable
---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable
Non-cognizable
Cognizable
Non-cognizable
Ditto
According as the offence in rela- tion to which such omission has been made is cognizable ornon-cognizable.
cognizable Bailable
Ditto Ditto
Ditto Ditto Ditto
Ditto Magistrate of the first class.
Any Magistrate. Magistrate of the first class.
Ditto. Ditto. Ditto.
Ditto.
If punishable with imprisonm- Imprisonment for 2 years, with ment for less than 10 years. or without fine.
Intentional omission to app- Imprisonment for life, or im- rehend on the part of a pub- prisonment for 14 years, with lic servant bound by law to or without fine. apprehend person under sent- ence of a Court of Justice if under sentence of death.
If under sentence of impris- Imprisonment for 7 years, onment 10 years, or upwards. with or without fine.
If under sentence of impris- Imprisonment for 3 years, or onment for less than 10 fine, or both. years or lawfully committed to custody.
223 Escape from confinement negl- Simple imprisonment for 2 igently suffered by a public years, or fine, or both. servant.
224 Resistance or obstruction by Imprisonment for 2 years, or a person to his lawful appre- fine, or both.
hension.
Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody.
If charged with an offence punishable with imprisonment for life or imprisonment for10 years.
If charged with a capital offence
If the person is sentenced to imprisonment for life, or imprisonment for 10 years,
or upwards.
Ditto Ditto Ditto
Ditto Non-cognizable Cognizable Ditto Ditto
Ditto Ditto
Ditto Non-bailable Ditto
Bailable Ditto Ditto Ditto Non-bailable
Ditto Ditto Ditto
Imprisonment for 3 years and fine.
Imprisonment for 7 years and fine.
Ditto.
Ditto. Court of Session. Magistrate of the first
class. Ditto. Any Magistrate. Ditto. Ditto. Magistrate of the first
class. Ditto. Ditto.
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
If under sentence of death Imprisonment for life, or im- prisonment for 10 years and
fine.
225A Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for :-
225B Resistance or obstruction to lawful apprehension, or escape or rescue in case not otherwise provided for.
Imprisonment for 3 years, or fine, or both.
Simple imprisonment for 2 years, or fine, or both.
Imprisonment for 6 months, or fine, or both.
Violation of condition of re- Punishment of original senten-
mission of punishment.
228 Intentional insult or inter- ruption to a public servant sitting in any stage of a judicial proceeding.
1*228A Disclose of identity of the victim of the certain offences, etc.
Printing or publication of a proceeding without prior permission of court.
229 Personation of a juror or assessor.
ce, or if part of punishment has been undergone, the residue.
Simple imprisonment for 6 months, or fine of 1,000 rupees, or both.
Imprisonment for 2 years and fine.
Ditto
Imprisonment for 2 years, or fine; or both.
---------------------------------------------------------------------- Cognizable or bialable or By what court triable Non-cognizable Non-bailable
---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable | Non-bailable | Court of Session. |
Non-cognizable | Bailable | Magistrate of the firstclass. |
Ditto | Ditto | Any Magistrate. |
Cognizable | Ditto | Ditto. |
Ditto | Non-bailable | The Court by which the original Offence was triable. |
Non-cognizable | Bailable | The Court in which the offence is committed subject to the provisions of Chapter XXVI |
Cognizable | Bailable | Any Magistrate. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Magistrate of the first class. |
--------------------------------------------------------------------- 1* Ins. by Act 43 of 1983, s.5. ---------------------------------------------------------------------
1041
CHAPTER XII-OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
231 Counterfeiting, or perfor- Imprisonment for 7 years and ming any part of the fine. process of counterfeiting,coin.
232 Counterfeiting, or perfor- Imprisonment for life, or im- ming any part for the process prisonment for 10 years and
of counterfeiting, coin.
233 Making, buying or selling instrument for the purpose of counterfeiting Indian coin.
234 Making, buying or selling instrument of the purpose of counterfeiting Indian coin.
335 Possession of instrument or material for the purpose of using the same for counter- feiting coin,
If Indian coin.
336 Abetting, in India, the fine.
Imprisonment for 3 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 3 years and fine.
Imprisonment for 10 years and fine.
The punishment provided for
counterfeiting, out of India, abetting the counterfeiting of coin. of such coin within India.
Import or export of counter- Imprisonment for 3 years and feit coin, knowing the same fine. to be counterfeit.
338 Import or export of counter- Imprisonment for life, or im- feit of Indian coin, knowing prisonment for 10 years and the same to be counterfeit. fine.
339 Having any counterfeit coin Imprisonment for 5 years and known to be such when it came fine. into possession, and deliver- ing, etc., the same to anyperson.
Cognizable Non-bailable Magistrate of the firstclass.
Ditto Ditto Court of Session.
Ditto Ditto Magistrate of the first class.
Ditto Ditto Court of Session.
Ditto Ditto Magistrate of the first class.
Ditto Ditto court of Session.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the first class.
Ditto Ditto Court of Session.
Ditto Ditto Magistrate of the first class.
1042
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ---------------------------------------------------------------------- 240 Same with respect to Indian coin- Imprisonment for 10 years
and fine.
241 Knowingly delivering to another Imprisonment for 2 years, any counterfeit coin as genuine, fine, or 10 times the which, when first possessed, value of the coin counte- the deliverer did not know to rfeited, or both. be counterfeit.
242 Possession of counterfeit coin by Imprisonment for 3 years a person who knew it to be fine. and fine. counterfeit when he became possessed thereof.
243 Possession of Indian coin by a Imprisonment for 7 years person who knew it to be fine. and fine. counterfeit when he became possessed thereof.
244 Person employed in a Mint causing coin to be of a diffe- rent weight or composition from that fixed by law.
245 Unlawfully taking from a Mint any coining instrument.
246 Fraudulently diminishing the weight or altering the composi- tion of Indian coin.
247 Fraudulently diminishing the weight or altering the composi- tion of Indian coin.
Ditto
Ditto
Imprisonment for 3 years and fine.
Imprisonment for 7 years and fine.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Non-bailable Ditto Ditto Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto Ditto Ditto Ditto Ditto
1043
248 Altering appearance of any coin with intent that it shall pass as a coin of a different description.
249 Altering appearance of Indian coin with intent that it shall
Court of Session. Any Magistrate. Magistrate of the first
class. Ditto.
Ditto.
Ditto. Ditto. Ditto.
Imprisonment for 3 years and fine.
Imprisonment for 7 years and fine.
pass as a coin of a different descrip- tion.
Delivery to another of coin Imprisonment for 5 years possessed with the knowledge and fine. that it is altered.
Delivery of Indian coin possessed Imprisonment for 10 years
with the knowledge that it is altered.
252 Possession of altered coin by a person who knew it to be altered when he became possessed thereof.
253 Possession of Indian coin by a person who knew it to be altered when he became possessedthereof.
254 Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered.
255 Counterfeiting a Government stamp.
256 Having possession of an instru- ment or material for the purpose of counterfeiting a Governmentstamp.
257 Making, buying or selling instru- ment for the purpose of counter- feiting a Government stamp.
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
1044 and fine.
Imprisonment for 3 years and fine.
Imprisonment for 5 years and fine.
Imprisonment for 2 years or fine, or 10 times the value of the coin.
Imprisonment for life, or imprisonment for 10 years and fine.
Imprisonment for 7 years and fine.
Ditto Ditto.
Ditto.
Ditto. Court of Session. Magistrate of the first class.
Ditto. Any Magistrate. Court of Session. Magistrate of the
first class. Ditto.
---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
258 Sale of counterfeit Government Imprisonment for 7 years Stamp. and fine.
259 Having possession of a counterfeit Ditto
Government stamp.
260 Using as genuine a Government stamp known to be counterfeit.
261 Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause a loss to Government.
262 Using a Government stamp known to have been before fine, used.
263 Erasure of mark denoting that stamps have been used.
263A Fictitious stamps Imprisonment for 7 years, or fine, or both.
Imprisonment for 3 years, or fine or both.
Imprisonment for 2 years or fine, or both.
Imprisonment for 3 years, or fine, or both.
Fine of 200 rupees
CHAPTER XIII-OFFENCES RELATING TO WEIGHTS AND MEASURES
264 Fraudulent use of false instrument Imprisonment for 1 year, for weighing. or fine, or both.
265 Fraudulent use of false weight or Ditto measure.
266 Being in possession of false Ditto weight or measures for fraudulent, use.
267 Making or selling false weights Ditto or measures for fraudulent use.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable | Non-bailable | Magistrate of thefirst class. |
Ditto | Bailable | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Any Magistrate. |
Ditto | Ditto Magistrate of thefirst class. |
Ditto | Ditto Any Magistrate. |
Non-cognizable | Bailable Any Magistrate. |
Ditto | Ditto Ditto. |
Ditto | Ditto Ditto. |
Cognizable | Non-bailable Ditto. |
1045 |
CHAPTER XIV- OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS
269 Negligently doing any act known to be likely to spread infection of any disease dangerous to life.
270 Malignantly doing any act known to be likely to spread infection of any disease dangerous to life.
271 Knowingly disobeying any qua-
rantine rule. months, or fine, or both.Adulterating food or drink inten- Imprisonment for 6 month,
ded for sale, so as to make the same noxious.
273 Selling any food or drink as food and drink, knowing the same to be noxious.
274 Adulterating any drug or medical preparation intended for sale so as to lesson its efficacy, or to change its operation, or to make it noxious.
275 Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated.
276 Knowingly selling or issuing from a dispensary any drug or medi- cal preparation as a different drug or medical preparation.
277 Defiling the water of a publicImprisonment for 6 months or fine, or both.
Imprisonment for 2 years, or fine, or both.
Imprisonment for
or fine of 1,000 rupees, or both.
Ditto
Ditto
Ditto
Ditto
Imprisonment for
spring or reservior. months, of fine of 500
rupees, or both.
278 Making atmosphere noxious to Fine of 500 rupees health.
Cognizable Bailable Any Magistrate. Ditto Ditto Ditto. Non-cognizable Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Ditto Ditto Ditto. Cognizable Ditto Ditto. Non-cognizable Ditto Ditto.
1046
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 2 2 3 ----------------------------------------------------------------------
279 Driving or riding on a public Imprisonment for 6 months so rashly or negligently as to may or fine of 1,000 rupees, endanger human life, etc. or both.
280 Navigating any vessel so rashly Imprisonment for 6 negligently as to endanger human months, or fine of 1,000 life, etc. rupees, or both.
281 Exhibition of a false light, mark Imprisonment for 7 years, or buoy. or fine, or both.
282 Conveying for hire any person by Imprisonment for 6 months, water, in a vessel in such a state or fine of 1,000 rupees,
so or so loaded, as to endanger his or, both. life.
283 Causing danger, obstruction or, Fine of 200 rupees injury in any public way or line of navigation.
284 Dealing with any poisonous sub- Imprisonment for 6 months stance so as to endanger human or fine of 1,000 rupees,
life, etc.
285 Dealing with fire or any combus- tible matter so as to endanger human life, etc.
286 So dealing with any explosive substance.
287 So dealing with any machinery or both.Ditto
Ditto Ditto
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6
----------------------------------------------------------------------
Cognizable | Bailable | Any Magistrate. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Magistrate of thefirst class. |
Ditto | Ditto | Any Magistrate. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Non-cognizable | Ditto | Ditto. |
1047 |
A person omitting to guard against Ditto
probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it.
289 A person omitting to take order with any animal in his posses- sion, so as to guard against danger to human life, or of grie- vous hurt, from such animal.
290 Committing a public nuisance
291 Continuance of nuisance after injunction to discontinue.
292 Sale, etc., of obscene books, etc.
Ditto
Fine of 200 rupees
Simple imprisonment for 6 months, or fine, or both.
On first conviction, with imprisonment for
years, and with fine of 2,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for five years and
and with fine of 5,000 rupees.
293 Sale, etc., of obscene objects to young persons. | On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with im- prisonment for 7 years, and with fine of 5,000 rupees. |
294 Obscene songs | Imprisonment for 3 months, or fine, or both. |
294A Keeping a lottery office | Imprisonment for 6 months, or fine, or both. |
Publishing proposals relating to lotteries. | Fine of 1,000 rupees |
Ditto Ditto | Ditto. |
Cognizable Ditto | Ditto. |
Non-cognizable Ditto | Ditto. |
Cognizable Ditto | Ditto. |
Ditto Ditto | Ditto. |
Ditto Ditto | Ditto. |
Ditto Ditto | Ditto. |
Non-cognizable Ditto | Ditto. |
Ditto Ditto | Ditto. |
1048 |
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
CHAPTER XV - OFFENCES RELATING TO RELIGION
295 Destroying, damaging or defiling Imprisonment for 2 years, a place of worship or sacred ob- or fine, or both. ject with intent to insult the re- ligion of any class of persons.
295A Maliciously insulting the religion Imprisonment for 2 years, or the religious beliefs of any or fine, or both. class.
296 Causing a disturbance to an assem- Imprisonment for 1 year, bly engaged in religious worship. or fine, or both.
297 Trespassing in place of worship or Ditto sepulchre, disturbing funeral with intention to wound the feelings or to insult the religion of any person, or offering indig- nity to a human corpse.
298 Uttering any word or making any Ditto sound in the hearing or making any gesture, or placing any object in the sight of any person, with intention to wound his religious feeling.
CHAPTER XVI-OFFENCES AFFECTING THE HUMAN BODY
302 Murder Death, or imprisonment for life, and fine.
303 Murder by a person under Death sentence of imprisonment for life.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- 1049
Cognizable | Non-bailable | Any Magistrate. |
Ditto | Ditto | Magistrate of the first class. |
Ditto | Bailable | Any Magistrate. |
Ditto | Ditto | Ditto. |
Non-cognizable | Ditto | Ditto. |
Cognizable | Non-bailable | Court of Session. |
Ditto | Ditto | Ditto. |
304 culpable homicide not amounting Imprisonment for life, to murder, if act by which the or imprisonment for 10 death is caused is done with years and fine. intention of causing death, etc.
If act is done with knowledge that it Imprisonment for 10 years,
is likely to cause death, but without any intention to cause death, etc.
304A Causing death by rash or negli- fine, gence act.
1*304B Dowry death
sonment for life.
Abetment of suicide committed by child, or insane or delirious person or an idiot, or a person intoxicated.
306 Abetting the commission of suicide Imprisonment for 10 yea and fine.
307 Attempt to murder Ditto
If such act causes hurt t Imprisonment for life, or to any person. imprisonment for 10 years an fine.
Attempt by life-convict to murder, Death or imprisonment for
if hurt is caused.
308 Attempt to commit culpable homi- cide. If such act causes hurt to
any person. 309 Attempt to commit suicide
311 Being a thug
312 Causing miscarriage
Ditto Ditto Ditto Ditto or fine, or both.
Imprisonment for 2 years
or both.
Imprisonment of not less than seven years but which may extend to impri
Death, or imprisonment for life, or imprison- ment for 10 years and fine.
10 years and fine.
Imprisonment for 3 years, or fine, or both.
Imprisonment for 7 years, or fine, or both.
Simple imprisonment for 1 year, or fine, or both.
Imprisonment for life and fine.
Imprisonment for 3 years, fine, or both.
Ditto. Ditto.
Ditto | Bailable | Magistrate of the first class. |
Ditto | Non-bailable | Court of Session. |
Ditto | Non-bailable | Court of Session. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Bailable | Any Magistrate. |
Ditto | Non-bailable | Court of Session. |
Non-cognizable | Bailable | Magistrate of thefirst class. |
---------------------------------------------------------------------- 1* Ins. by Act 43 of 1986, S. 11 (w.e.f. 19-11-1986). ----------------------------------------------------------------------
---------------------------------------------------------------------- Section Offence Punishment ----------------------------------------------------------------------
1 2
If the woman be quick with child
313 Causing miscarriage without wo- man's consent.
314 Death caused by an act done with intent to cause miscarriage.
If act done without woman's con- sent.
315 Act done with intent to prevent a child being born alive, or to cause it to die after its birth.
316 Causing death of a quick unborn child by an act amounting to culpable homicide.
3
Imprisonment for 7 years and fine.
Imprisonment for life, or imprisonment for 10 years fine.
Imprisonment for 10 years and fine.
Imprisonment for life, or as above.
Imprisonment for 10 years or fine, or both.
Imprisonment for 10 years and fine.
Exposure of a child under 12 years Imprisonment for 7 years, of age by parent or person or fine, or both. having care of it with intention
of wholly abandoning it.
318 Concealment of birth by secret disposal of dead body.
323 Voluntarily causing hurt
324 Voluntarily causing hurt by dan- gerous weapons or means.
Imprisonment for 2 years, fine, or both.
Imprisonment for 1 year, or fine of 1,000 rupees, or both.
Imprisonment for 3 years, or fine, or both.
Voluntarily causing grievous hurt Imprisonment for 7 years and fine.
---------------------------------------------------------------------- Cognizable of or Bailable or By whatnon-cognizable non-bailable Court triable ----------------------------------------------------------------------
4 | 5 |
Non-cognizable | Bailable |
Cognizable | Non-bailable |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Bailable |
Ditto | Ditto |
Non-cognizable | Ditto |
Cognizable | Ditto |
Ditto | Ditto |
1051 |
326 Voluntarily causing grievous hurt by dangerous weapons or means.
327 Voluntarily causing hurt to extort property or a valuable security, or to constrain to do anything which is illegal or which may facilitate the com- mission of an offence.
328 Administering stupefying drug
6
Magistrate of the first class. court of Session. Ditto. Ditto. Ditto. Ditto.
Magistrate of the
first class. Ditto. Any Magistrate. Ditto Ditto.
Imprisonment for life, or imprisonment for 10 years and fine.
Imprisonment for 10 years and fine.
Ditto.
with intent to cause hurt, etc.
329 Voluntarily causing grievous hurt to export property or a valuable security, or to con- strain to do anything which is illegal, or which may faci- litate the commission of an offence.
330 Voluntarily causing hurt to extort confession or information, or to compel res- toration of property, etc.
331 Voluntarily causing grievous hurt to extort confession or information, or to compel res- toration of property, etc.
Imprisonment for life, or imprisonment for 10 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 10 years and fine.
Voluntarily causing hurt to deter Imprisonment for 3 years,
public servant from his duty.
333 Voluntarily causing grievous hurt to deter public servant from his duty.
334 Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation.
Ditto | Non-bailable |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Bailable |
Ditto | Non-bailable |
Ditto | Bailable |
Ditto | Non-bailable |
non-cognizable | Bailable |
1052 |
or fine, or both.
Imprisonment for 10 years and fine.
Imprisonment for 1 month, or fine of 500 rupees, or both.
Magistrate of the first class. Ditto. Court of Session.
Ditto. Magistrate of the first class.
Court of Session.
Magistrate of the first class. Court of Session.
Any Magistrate.
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
human life or the personal safety or fine of 250 rupees, of others. or both.
337 Causing hurt by an act which Imprisonment for 6 months, endangers human life, etc. or fine of 500 rupees, or both.
338 Causing grievous hurt by an act Imprisonment for 2 years, which endangers human life, or fine of 1,000 rupees, etc. or both.
341 Wrongfully restraining any person Simple imprisonment for 1
335 Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation.
336 Doing any act which endangers
342 Wrongfully confining any person
343 Wrongfully confining for 3 or more days.
344 Wrongfully confining for 10 or and more days.
345 Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.
346 Wrongful confinement in secret Imprisonment for 4 years, or fine of 2,000 rupees, or both.
Imprisonment for 3 months,
month, or fine of 500 rupees, or both.
Imprisonment for 1 year, fine of 1,000 rupees, or both.
Imprisonment for 2 years,or fine, or both.
Imprisonment for 3 years and fine.
Imprisonment for 2 years, in addition to imprisonm- ent under any other sec- tion.
Ditto
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable | Bailable | Magistrate of the first class. |
Ditto | Ditto | Any Magistrate. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto Ditto
Ditto Ditto
Ditto Ditto
1053
347 Wrongful confinement for the purpose of extorting property, or constraining to an illegalact, etc.
348 Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc.
352 Assault or use of criminal force otherwise than on grave pro- vocation.
353 Assault or use of criminal force to Ditto.
Magistrate of the first class. Ditto.
Imprisonment for 3 years and fine.
Ditto
Imprisonment for 3 months,fine of 500 rupees, or both.
Imprisonment for 2 years,
to deter a public servant from or fine, or both. discharge of his duty.
354 Assault or use of criminal force Ditto
to a woman with intent to outrage her modesty.
355 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation.
356 Assault or criminal force in attempt to commit theft of property worn or carried by aperson.
357 Assault or use of criminal force in attempt wrongfully to confine a person.
358 Assault or use of criminal fo- Ditto
Ditto
Imprisonment for 1 year, or fine of 1,000 rupees, or both.
Simple imprisonment for
rce on grave and sudden provocation. one month, or fine of 200 rupees, or both.
363 Kidnapping Imprisonment for 7 years and fine.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
Non-cognizable | Ditto | Ditto. |
Cognizable | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Non-cognizable | Ditto | Ditto. |
Cognizable | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Non-cognizable | Ditto | Ditto. |
Cognizable | Ditto | Magistrate of the first class. |
1054 |
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
363A Kidnapping or obtaining the cus- tody of a minor in order that such minor may be employed or used for purposes of begging.
Maiming a minor in order that such minor may be employed or used for purposes of begging.
364 Kidnapping or abducting in order to murder.
1*364A Kidnapping for ransom, etc
365 Kidnapping or abducting with in- tent secretly and wrongfully to confine a person.
366 Kidnapping or abducting a woman to compel her marriage or to cause her defilement, etc.
366A Procuration of minor girl
366B Importation of girl from foreign country.
367 Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
Imprisonment for 10 years and fine.
Imprisonment for life and fine
Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Death, or imprisonment for life, and fine.
Imprisonment for 7 years and fine.
Imprisonment for 10 years fine.
Ditto
Ditto
Ditto
Concealing or keeping in confine- Punishment for kidnapping ment a kidnapped person. or abduction.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Non-bailable | Magistrate of thefirst class. |
Ditto Ditto | Court of Session. |
Ditto Ditto | Ditto. |
Ditto Ditto | Ditto. |
Ditto Ditto | Magistrate of the first class. |
Ditto Ditto | Court of Session. |
Ditto Ditto | Ditto. |
Ditto Ditto | Ditto. |
Ditto Ditto | Ditto. |
Ditto Ditto | Court by which the kidnapping or abduction is triable. |
1055 | |
369 Kidnapping or abducting a child with intent to take property from the person of such child. | Imprisonment for 7 years and fine. |
370 Buying or disposing of any person as a slave. | Ditto |
371 Habitual dealing in slaves | Imprisonment for life, or imprisonment for 10 years and fine. |
Selling or letting to hire a minor Imprisonment for 10 years
for purposes of prostitution, etc.
373 Buying or obtaining possession of a minor for the same purposes.
374 Unlawful compulsory labour
376 Rape
Intercourse by a man with his and fine.
Ditto
Imprisonment for 1 year,
or fine, or both. Imprisonment for life or imprisonment for ten years and fine.
Imprisonment for two yea- wife not being under twelve years rs or fine or both. of age.
376A Intercourse by a man with his wife Imprisonment for two yea- during separation. rs and fine.
376B Intercourse by public servant Imprisonment for five with woman in his custody. years and fine.
376C Intercourse by superintendent Ditto of jail, remand home, etc.
376D Intercourse by manager, etc., of Ditto a hospital with any woman in that hospital.
377 Unnatural offences Ditto
CHAPTER XVII-OFFENCES AGAINST PROPERTY
379 Theft 380 Theft in a building, tent or
vessel
Ditto
Non-cognizable Cognizable Ditto Ditto Ditto Cognizable Non-cognizable Ditto Cognizable
Ditto
Ditto Ditto Ditto Cognizable Ditto
Bailable Non-bailable Ditto Ditto Bailable Non-bailable Bailable Ditto (but no arrest
shall be made without a warrant or without an order of a Magistrate).
Ditto
Ditto Ditto. Non-bailable
Imprisonment for 3 years, or fine, or both.
Imprisonment for 7 years and fine.
Magistrate of the first class. Ditto. Court of Session. Ditto. Ditto. Any Magistrate. Court of Session. Ditto. Ditto. Ditto.
Ditto.
Ditto.
Any Magistrate.
Ditto Ditto Ditto.
---------------------------------------------------------------------
--------------------------------------------------------------------- 1 Subs. by Act 43 of 1983, s.5. ---------------------------------------------------------------------
1056
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
381 Theft by clerk or servant of pro- Imprisonment for 7 years perty in possession of master or fine. employer.
382 Theft, after preparation having Rigorous imprisonment for been made for causing death, or 10 years and fine. hurt, or restraint, or fear of death, or of hurt, or of restr- aint,in order to the committing of such theft, or to retiring after committing it, or to reta- ining property taken by it.
384 Extortion Imprisonment for 3 years, or fine, or both.
385 Putting or attempting to put in Imprisonment for 2 years, fear of injury, in order to com- or fine, or both. mit extortion.
386 Extortion by putting a person in Imprisonment for 10 years fear of death or grievous hurt. and fine.
387 Putting or attempting to put a Imprisonment for 7 years person in fear of death or grie- and fine. vous hurt in order to commit extortion.
388 Extortion by threat of accusation Imprisonment for 10 years of an offence punishable with and fine. death, imprisonment for life, or imprisonment for 10 years.
If the offence threatened be an Imprisonment for life unnatural offence.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Non-bailable
Ditto Ditto
Ditto Ditto
Ditto Bailable
Ditto Non-bailable
Ditto Ditto
Ditto Bailable
Ditto Ditto
1057
389 Putting a person in fear of ac- cusation of an offence punisha- ble with death, imprisonment for life, or imprisonment for 10 years in order to commit extor- tion.
If the offence be an unnatural offence.
392 Robbery
If committed on the highway between sunset and sunrise.
393 Attempt to commit robbery
394 Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery.
395 Dacoity
396 Murder in dacoity
397 Robbery or dacoity with attempt to cause death or grievous hurt.
Any Magistrate
Magistrate of the first class.
Any Magistrate.
Ditto.
Magistrate of thefirst class.
Ditto.
Ditto.
Ditto.
Imprisonment for 10 years and fine.
Imprisonment for life.
Rigorous imprisonment for 10 years and fine.
Rigorous imprisonment for 14 years and fine.
Rigorous imprisonment for 7 years and fine.
Imprisonment for life or Rigorous imprisonment for 10 years and fine.
Ditto.
Death, imprisonment for life, or rigorous impris- onment for 10 years and fine.
Rigorous imprisonment for not less than 7 years.
398 Attempt to commit robbery or dacoity when armed with deadlyweapon.
399 Making preparation to commit dacoity.
400 Belonging to a gang of persons associated for the purpose of habitually committing dacoity.
Ditto.
Rigorous imprisonment for 10 years and fine.
Imprisonment for life, or rigorous imprisonment for 10 years and fine.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable ---------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Non-bailable | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Court of Session. |
Ditto | Ditto | Ditto |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
1058 |
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
401 Belonging to a wandering gang of Rigorous imprisonment for
persons associated for the pur- 7 years and fine.
pose of habitually committing
thefts.
402 Being one Of five or more persons Ditto.
assembled for the purpose of committing dacoity.
403 Dishonest misappropriation of movable property, or convert- ing it to one's own use.
404 Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it.
If by clerk or person employed by deceased.
406 Criminal breach of trust
407 Criminal breach of trust by a carrier, wharfinger, etc.
408 Criminal breach of trust by a clerk or servant.
Imprisonment for 2 years, or fine, or both.
Imprisonment for 3 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 3 years, or fine, or both.
Imprisonment for 7 years and fine.
Ditto.
409 Criminal breach of trust by public Imprisonment for life, or servant or by banker, merchant imprisonment for 10 years or agent, etc. and fine.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Non-bailable Magistrate of the first
class. Ditto Non-cognizable Ditto
Ditto Cognizable Ditto Ditto Ditto Ditto Bailable Ditto
Ditto Non-bailable Ditto Ditto Ditto Court of Session. Any Magistrate. Magistrate of the
first class' Ditto.Ditto. Ditto. Ditto. Ditto.
1059
411 Dishonestly receiving stolen pro- Imprisonment for 3 years, perty knowing it to be stolen. or fine, or both.
412 Dishonestly receiving stolen pro- Imprisonment for life, or perty knowing that it was rigorous imprisonment for obtained by dacoity. 10 years and fine.
413 Habitually dealing in stolen pro- Imprisonment for life, or
perty.
414 Assisting in concealment or dis- posal of stolen property, knowing it to be stolen.
417 Cheating
418 Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect.
419 Cheating by personation
420 Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable secu- rity.
421 Fraudulent removal or conceal- ment of property, etc., to prevent distribution amongcreditors.
422 Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.
423 Fraudulent execution of deed of transfer containing a false state- ment of consideration.
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto imprisonment for 10 years and fine.
Imprisonment for 3 years, or fine, or both.
Imprisonment for 1 year, or fine, or both.
Imprisonment for 3 years, or fine, or both.
Ditto
Imprisonment for 7 years and fine.
Imprisonment for 2 years, or fine, or both.
Ditto.
Ditto.
Any Magistrate. Court of Session. Ditto. Any Magistrate.
Non-cognizable Bailable Ditto. Ditto Ditto Ditto.
Cognizable | Ditto | Ditto. |
Ditto | Non-bailable | Magistrate of thefirst class. |
Non-cognizable | Bailable | Any Magistrate. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
1060 |
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
424 Fraudulent removal or conceal- ment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled.
426 Mischief
427 Mischief, and thereby causing damage to the amount of 50 rupees or upwards.
428 Mischief of by killing,poisoning, maiming or rendering useless any animal of the value of 10 rupees or upwards.
429 Mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, etc., whatever may be its value, or any other animal of the value of 50 rupees or upwards.
430 Mischief by causing diminution of supply of water for agricul- tural purposes, etc.
431 Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property.
Imprisonment for 2 years, or fine, or both.
Imprisonment for 3 months, or fine, or both.
Imprisonment for 2 years, or fine, or both.
Ditto
Imprisonment for 5 years, or fine, or both.
Ditto.
Ditto.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-congnizable | Bialable |
Ditto | Ditto |
Ditto | Ditto |
Cognizable | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
1061 |
432 Mischief by causing inundation or obstruction to public drainage attended with damage.
433 Mischief by destroying or moving
Any Magistrate. Ditto. Ditto. Ditto. Magistrate of the
first class. Ditto. Ditto.
Ditto
Imprisonment for 7 years,
or rendering less useful a light- or fine, or both. house or sea-mark, or by exhibit- ing false lights.
Mischief by destroying or moving, Imprisonment for 1 years,
etc., a landmark fixed by public authority.
435 Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 ru- pees or upwards.
436 Mischief by fire or explosive substance with intent to destroy a house, etc.
or fine, or both.
Imprisonment for 7 years and fine.
Imprisonment for life, or imprisonment for 10 years and fine.
437 Mischief with intent to destroy or Imprisonment for 10 years make unsafe a decked vessel or and fine. a vessel of 20 tonnes burden.
438 The mischief described in the last Imprisonment for life, section when committed by fire or imprisonment for 10 or any explosive substance. years, and fine.
439 Running vessel ashore with intent Imprisonment for 10 years to commit theft, etc. and fine.
Mischief committed after prepara- Imprisonment for 5 years
tion made for causing death, or hurt, etc.
447 Criminal trespass
448 House-trespass
Ditto Ditto Ditto Ditto Non-cognizable Ditto Cognizable] Ditto
Ditto Non-bailable Ditto Ditto Ditto Ditto Ditto Ditto Ditto Bailable
Ditto Ditto Ditto Ditto and fine.
Imprisonment for 3 months, or fine of 500 rupees, or both.
Imprisonment for one year, or fine of 1,000 rupees, or both.
Ditto.
Ditto.
Any Magistrate.
Magistrate of the first class.
Court of Session. Ditto. Ditto. Ditto. Magistrate of the first
class. Any Magistrate. Ditto.
---------------------------------------------------------------------
1062.
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
449 House-trespass in order to the commission of an offence puni- shable with death.
450 House-trespass in order to the commission of an offence puni- shable with imprisonment forlife,
451 House-trespass in order to the commission of an offence puni- shable with imprisonment.
Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Imprisonment for 10 years and fine.
Imprisonment for 2 years and fine.
If the offence is theft
452 House-trespass, having made pre- paration for causing hurt, assault, etc.
453 Lurking house-trespass or house- breaking.
454 Lurking house-trespass or house- breaking in order to the com- mission of an offence punishable with imprisonment.
If the offence be theft
Imprisonment for 7 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 2 years and fine.
Imprisonment for 3 years and fine.
Imprisonment for 10 years
and fine.
455 Lurking house-trespass or house- Ditto breaking after preparation made for causing hurt, assault, etc.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Cognizable Non-bailable Ditto Ditto Ditto Bailable Ditto Non-bailable Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto
Ditto Ditto
1063
456 Lurking house-trespass or house- breaking by night.
457 Lurking house-trespass or house-
breaking by night in order to
the commission of an offence
punishable with imprisonment.
Court of Session. Ditto. Any Magistrate. Ditto. Ditto. Ditto. Ditto. Magistrate of the
first class. Ditto.
Imprisonment for 3 years and fine.
Imprisonment for 5 years and fine.
If the offence is theft
458 Lurking house-trespass or house- breaking by night,after pre- paration made for causing hurt, etc.
459 Grievous hurt caused whilst com- mitting lurking house-trespass or house breaking.
460 Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc.
461 Dishonestly breaking open or unfastening any closed recep- tacle containing or supposed to contain property.
462 Being entrusted with any closed receptacle containing or sup- posed to contain any property, and fraudulently opening thesame.
Imprisonment for 14 years and fine.
Imprisonment for 14 years and fine.
Imprisonment for life, or imprisonment for 10 years and fine.
Ditto.
Imprisonment for 2 years, or fine, or both.
Imprisonment for 3 years, or fine, or both.
CHAPTER XVIII-OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
465 Forgery
Ditto Ditto
Ditto Ditto
Ditto Ditto Ditto Ditto
Non-cognizable
1064 ---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
Imprisonment for 2 years, or fine, or both. | |
Ditto Ditto | Any Magistrate. Magistrate of the first class. |
Ditto | Ditto. |
Ditto | Ditto. |
Ditto | Court of Session. |
Ditto | Ditto. |
Ditto Bailable | Any Magistrate. Ditto. |
Bailable | Magistrate of thefirst class. |
Forgery of a record of a Court of Imprisonment for 7 years
Justice or of a Registrar of Births, etc., kept by a publicservant.
467 Forgery of a valuable security, will, or authority to make or transfer any valuable security, or to receive any money, etc.
When the valuable security is a promissory note of the Central Government.
468 Forgery for the purpose of cheating.
469 Forgery for the purpose of harm- ing the reputation of any person or knowing that it is likely to be used for that purpose.
471 Using as genuine a forged docu- ment which is known to be forged.
When the forged document is a promissory note of the Central Government.
and fine.
Imprisonment for life, or imprisonment for 10 years and fine.
Ditto.
Imprisonment for 7 years and fine.
Imprisonment for 3 years and fine.
Punishment for forgery of such document.
Ditto.
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ---------------------------------------------------------------------- Making or counterfeiting a seal, plate, etc., with intent to com- mit a forgery punishable under section 467 of the Indian Penal Code, or possessing with like
Non-cognizable | Non-bailable | Magistrate of he firstclass. |
Ditto | Ditto | Ditto. |
Cognizable | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Bailable | Ditto. |
Ditto | Ditto | Ditto. |
Ditto | Ditto | Ditto. |
intent any such seal, plate, etc., knowing the same to be counterfeit.
473 Making or counterfeiting a seal, Imprisonment for 7 years plate, etc., with intent to com- and fine. mit a forgery punishable otherwise than under section 467 of the Indian Penal Code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit.
474 Having possession of a document, Ditto. knowing it to be forged, with intent to use it as genuine; if the document is one of the descrip-
tion mentioned in section 466 of the Indian Penal Code.
If the document is one of the
description mentioned in section 467 of the Indian Penal Code.
475 Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian Penal Code, or possessing counterfeit marked material.
476 Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian penal Code, or possessing counterfeit marked material.
Ditto | Ditto |
Ditto | Ditto |
Ditto | Ditto |
Non-cognizable | Ditto |
Ditto | Ditto |
Ditto | Non-bailable |
1066 |
Imprisonment for life, or imprisonment for 7 years and fine.
Imprisonment for life, or imprisonment for 7 yearsand fine.
Ditto.
Imprisonment for 7 years and fine.
Ditto. Ditto. Ditto.Ditto. Ditto.Ditto.
---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
477 Fraudulently destroying or de- facing, or attempting to destroy or deface, or secreting a will, etc. | Imprisonment for life, or imprisonment for 7 years and fine. |
477A Falsification of accounts | Imprisonment for 7 years, or fine, or both. |
482 Using a false property with intent or injure any person. | Imprisonment for 1 year, or fine, or both. |
483 Counterfeiting a property mark used by another, with intent to cause damage or injury. | Imprisonment for 2 years, or fine, or both. |
484 Counterfeiting property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., ofany property. | Imprisonment for 3 years and fine. |
485 Fraudulently making or having possession of any die, plate or other instrument for counter- | Imprisonment for 3 years, or fine, or both. |
feiting any public or privateproperty mark. | |
486 Knowingly selling goods marked with a counterfeit property mark. | Imprisonment for 1 year, or fine, or both. |
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable | Non-bailable | Magistrate of thefirst class. | |
---|---|---|---|
Ditto | Bailable | Ditto | |
Ditto | Ditto | Any Magistrate. | |
Ditto | Ditto | Ditto. | |
Ditto | Ditto | Magistrate offirst class. | the |
Ditto | Ditto | Ditto. | |
Ditto | Ditto | Any Magistrate. | |
1067 |
487 Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc.
488 Making use of any such false mark
489 Removing, destroying or defacing property mark with intent to cause injury.
489A counterfeiting currency-notes or bank-notes.
489B Using as genuine forged or coun- terfeit currency-notes or bank- notes.
489C Possession of forged or counter- feit or currency-notes or bank- notes.
489D Making or possessing machinery, instrument or material for forg- ing or counterfeiting currency- notes or bank-notes.
489E Making or using documents resembling currency-notes or bank-notes.
On refusal to disclose the name and address of the printer.
Imprisonment for 3 years, or fine, or both.
Ditto
Imprisonment for 1 year, or fine, or both.
Imprisonment for life, or imprisonment for 10 years and fine.
Ditto
Imprisonment for 7 years, or fine, or both .
Imprisonment for life, or imprisonment for 10 years and fine.
Fine of 100 rupees
Fine of 200 rupees.
CHAPTER XIX-CRIMINAL BREACH OF CONTRACTS OF SERVICE
491 Being bound to attend on or Imprisonment for 3 supply the wants of a person months, or fine of 200 who is helpless from youth, rupees or both. unsoundness of mind or disease, and voluntarily omitting to do so.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Cognizable | Non-bailable | Court of Session. |
Ditto | Ditto | Ditto. |
Ditto | Bailable | Ditto. |
Ditto | Non-bailable | Ditto. |
Non-cognizable | Bailable | Any Magistrate. |
Ditto | Ditto | Ditto. |
Non-cognizable | Bailable | Any Magistrate. |
1068. |
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
1*CHAPTER XX-OFFENCES RELATING TO MARRIAGE.
493 A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief.
494 Marrying again during the life- time of a husband or wife.
495 Same offence with concealment of the former marriage from the Person with whom subsequent marriage is contracted.
496 A person with fraudulent inten- tion going through the ceremony of being married, knowing that he is not thereby lawfullymarried.
497 Adultery Imprisonment for 10 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 10 years and fine.
Imprisonment for 7 years and fine.
Imprisonment for 5 years, or fine, or both.
Enticing or taking away or detain- Imprisonment for 2 years,
ing with a criminal intent a married woman.
498A Punishment for Imprisonment for subjecting a three years and married woman fine. to cruelty.
by the offence or by any person related or fine, or both.
Cognizable if information relating to the commiss- ion of the offence is given to an officer in charge of a police stat- ion by the person aggrieved
to her by blood, marriage or adoption or if there is no such relative, by any public servant belon- ging to such class or category as may be noti- fied by the State Government in this behalf
---------------------------------------------------------------------- Cognizable or Bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable | Non-bailable Magistrate of the firstclass. |
Ditto | Bailable Ditto. |
Ditto | Ditto Ditto |
Ditto | Ditto Ditto. |
Ditto | Ditto Ditto. |
Ditto | Ditto Any Magistrate. |
Ditto Non-bailable class. | Magistrate of the first |
---------------------------------------------------------------------- 1 Ins. by Act 46 of 1983, s.6. ----------------------------------------------------------------------
1069
CHAPTER XXI-DEFAMATION
500 Defamation against the President Simple Imprisonment for 2 or the Vice-President or the years, or fine, or both. Governor of a State or Administ- rator of a Union territory or a Minister in respect of his conduct in the discharge of his publicfunctions when instituted upon a complaint made by the Public Prosecutor.
Defamation in any other case Ditto
501 (a) Printing or engraving matter Ditto knowing it to be defamatory against the President of the Vice- President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a com- plaint made by the Public Prosecutor.
Non-cognizable Bailable
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto
Court of Session.
Magistrate of the first class. Court of Session. Magistrate of the
first class. Court of Session.
----------------------------------------------------------------------
1070
---------------------------------------------------------------------- Section Offence Punishment ---------------------------------------------------------------------- 1 2 3 ----------------------------------------------------------------------
(b) Sale of printed or engraved Simple imprisonment for 2 substance containing defamatory years, or fine, or both. matter, knowing it to contain such matter in any other case.
CHAPTER XXII-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
504 Insult intended to provoke breach Imprisonment for 2 years,
of the peace.
False statement. rumour, etc., circulated witH intent to cause mutiny or offence against the public peace.
False statement,rumour, etc.,with intent to create enmity, hatred or ill-will between different classes.
or fine, or both.
Imprisonment for 3 years, or fine, or both.
Ditto
False statement, rumour, etc., Imprisonment for 5 years made in place of worship etc., and fine. with intent to create enmity, hatred or ill-will.
---------------------------------------------------------------------- Cognizable or bailable or By whatnon-cognizable non-bailable Court triable --------------------------------------------------------------------- 4 5 6 ----------------------------------------------------------------------
Non-cognizable Bialable
Non-cognizable Bailable
Ditto Non-bailable
Cognizable Ditto
Ditto Ditto
1071
506 Criminal intimidation
If threat be to cause death or grievous hurt, etc.
507 Criminal intimidation by anony- mous communication or having taken precaution to conceal whence the threat comes.
508 Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure.
509 Uttering any word or making any gesture intended to insult the modesty of a woman, etc.
Magistrate of the
first class.
Any Magistrate.
Ditto.
Ditto.
Ditto.
Imprisonment for 2 years,
or fine, or both.
Imprisonment for 7 years,
or fine, or both.
Imprisonment for 2 years,
in addition to the punishment under above section.
Imprisonment for 1 year,
or fine, or both.
Simple imprisonment for 1
year, or fine, or both.
Appearing in a public place, etc., Simple imprisonment for in a state of intoxication, and 24 hours, or fine of 10 causing annoyance to any person. rupees, or both.person.
CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES.
Attempting to commit offences punishable with imprisonment for life or imprisonment, and in such attempt doing any act towards the commission of the offence.
Imprisonment for life or imprisonment not exceed- ing half of the longest term provided for the offence, or fine, or both.
Non-cognizable Ditto
Ditto Ditto Cognizable Non-cognizable
According as the offence is cognizable or non-cognizable.
Bailable Ditto
Ditto Ditto Ditto Ditto
According as the
offence attempted offence attempted is by the offender is triable. bailable or not.
Ditto.
Magistrate of the first class. Ditto. Any Magistrate. Ditto. Ditto.
The Court by which the
----------------------------------------------------------------------
1072
II.-CLASSIFICATION OF OFFENCE AGAINST OTHER LAWS
---------------------------------------------------------------------- Offence Cognizable or Bailable or By what
non-cognizable non-bailable Court triable ---------------------------------------------------------------------- If punishable with Cognizable Non-bailable Court of death, imprisonment Session. for life or impris- onment for more than 7 years.
If punishable with Ditto Ditto Magistrate of imprisonment for 3 the first years and upwards class. but not more than 7 years.
If punishable with Non-cognizable Bailable Any imprisonment for less Magistrate. than 3 years or with fine only.
----------------------------------------------------------------------
1073
SCHE
(See section 476)
THE SECOND SCHEDULE
(See section 476)
FORM No. 1 SUMMONS TO AN ACCUSED PERSON (See section 61)
To (name of accused) of (address).
WHEREAS your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of, on the day of. Herein fail not.
Dated, this day of, 19.
(Seal of the Court) (Signature)
FORM No. 2
WARRANT OF ARREST
(See section 70)
To (name and designation of the person or persons who is or are to execute the warrant).
WHEREAS (name of accused) of (address) stands charged with the offence of (state the offence), you are hereby directed to arrest the said
, and to produce him before me. Herein fail not.
Dated, this day of, 19. (Sea of the Court) (Signature)
(See section 71) This warrant may be endorsed as follows:-
If the said shall give bail himself in the sum of rupees with one surety in the sum of rupees (or two sureties each in the sum of rupees) to attend before me on the day of and to continue so to attend until otherwise directed by me, he may be released.
Dated, this day of, 19. (Seal of the Court) (Signature)
(The Second Schedule.)
FORM No. 3
BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
(See section 81)
I, (name), of being brought before the District Magistrate of (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the court of on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court ; and, in case of my making default herein, I bind myself to forfeit, to Government, the
sum of rupees | . | ||
---|---|---|---|
Dated, this | day of | , | 19. |
(Signature) |
I do hereby declare myself surety for the above-named of , that he shall attend before in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees .
Dated, this day of , 19.
(Signature)
FORM No. 4 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 82)
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas It has been shown to mysatisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) ;
Proclamation is hereby made that the said of is required to appear at (place) before this Court (or before me) to answer the said complainton the day of .
Dated, this day of, 19.
(Seal of the Court) (Signaturey)
(The Second Schedule)
FORM No. 5
PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS
(See sections 82, 87 and 90)
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of the witness before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ;
Proclamation is hereby made that the said (name) is required to appear at (place) before the Court of on the day of next at o'clock, to be examined touching the offence complained of.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 6
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 83)
To the Officer in charge of the police station at
WHEREAS a warrant has been duly issued to compel the attendance of(name, description and address) to testify concerning a complaintpending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant) ; and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein;
This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the District of and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court) (Signature)
(The Second Schedule.)
FORM No. 7
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 83)
To (name and designation of the person or persons who is or are to execute the warrant).
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiringthe said to appear to answer the said charge within day; and whereas the said is possessed of the following property,other than land paying revenue to Government, in the Village (or town), of , in the District of , viz., and an order has been made for the attachment thereof;
You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (2)of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)(Signature)
*Strike out the one which is not applicable, depending on the nature of the property to be attached.
FORM No. 8
ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR
(See section 83)
To the District Magistrate/Collector of the District of
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the
(The Second Schedule)
offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiringthe said (name) to appear to answer the said charge within days ; and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of;
You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.
Dated, this day of , 19.
(Seal of the Court) (Signature)
*Strike out the one which is not desired.
FORM No. 9
WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
(See section 87)
To (name and designation of the police officer or other person or persons who is or are to execute the warrant).
WHEREAS complaint has been made before me that (name and des-cription of accused) of (address) has (or is suspected to have)committed the -offence of (mention the offence concisely), and it appears likely that ,(name and description of witness) can give
evidence concerning the said complaint, and whereas I have goodsufficient reason to believe that he will not attend as a witness | and on |
the hearing of the said complaint unless compelled to do so; | |
This is to authorise and require you to arrest the said (name witness), and on the day of to bring him before this Court, to examined touching the offence complained of. | of be |
Dated, this day of , 19.
(Seal of the Court)
(Signature)
(The Second Schedule)
FORM No. 10
WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE
(See section 93)
To (name and designation of the police officer or other person or persons who is or are to execute the warrant).
WHEREAS information has been laid (or complaint has been made)before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence) ;
This is to authorise and require you to search for the said (thething specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately uponits execution.
Dated, this day of , 19.
(Seal of the Court)(Signature)
FORM No. 11
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
(See section 94)
To (name and designation of a police officer above the rank of a constable).
WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or it for either of the other purposes expressed in the section, state the purpose in the words of the section);
This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and
(The Second Schedule)
materials which you may reasonably believe to be kept for the manu- facture of forged documents, or counterfeit stamps, or false seals or counterfeit coins or counterfeit currency notes (as the case may be),and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately uponits execution.
Dated, this day of , 19. (Seal of the Court)
(Signature)
FORM No. 12
BOND TO KEEP THE PLACE
(See sections 106 and 107)
WHEREAS I, (name), Inhabitant of (place), have been called uponto enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees
Dated, this day of , 19.
(Signature)
FORM No. 13
BOND FOR GOOD BEHAVIOUR
(See sections 108, 109 and 110)
WHEAREAS I, (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of (state the period) or until the completion of the inquiry in the matter of now pending in the Court of I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and,, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees
Dated, this day of , 19.
(Signature)
(The Second Schedule)
(Where a bond with sureties is to be executed, add .
We do hereby declare ourselves sureties for the above-named that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees
Dated, this day of , 19.
(Signature)
FORM No. 14
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE
(See section 113)
To of WHEREAS it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peacewill probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees[when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one)], that you will keep the peacefor the term of .
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 15
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE
(See section 122)
To the Officer in charge of the Jail at
WHEREAS (name and address) appeared before me in person (or by his authorised agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a
(The Second Schedule.)
bond for rupees with one surety (or a bond with two sureties each in rupees ), that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the securityordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;
This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 16
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY
FOR GOOD BEHAVIOUR
(See section 122)
To the Officer in charge of the Jail at
WHEREAS it has been made to appear to me that (name and description) has been concealing his presence within the district, of and that there is reason to believe that he is doing so with a view to committing a cognizable offence ;
or
WHEREAS evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be) ;
And whereas an order has been recorded stating the same and requiringthe said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees and the said surety (or each of the said sureties) for rupees , and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished ;
This is to authorise and require you to receive the said (name) into your custody, together with this warrant and him safely to keep in the
(The Second Schedule)
Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 17 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
(See sections 122 and 123)
(or other officer in whose
To the Officer in charge of the Jail at custody the person is).
WHEREAS (name and description of prisoner) was committed to yourcustody under warrant of the Court, dated the day of 19; and has since duly given under section of the Code of Criminal Procedure, 1973.
or
WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19 and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community ;
This is to authorise and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 18
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE
(See section 125)
To the Officer in charge of the Jail at
WHEREAS (name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife (name) [orhis
child (name) or his father or mother (name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees ; and whereas it has been further proved that the said (name) in wilful disregard of the said order has failed to pay rupees, being the amount of the allowance for the month (or months) of ;
And thereupon an order was made adjudging him to undergo im- prisonment in the said Jail for the period of;
This is to authorise and require you to receive the said (name)into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returningthis warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 19
WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT
AND SALE
(See section 125)
To (name and designation of the police officer or other person to execute the warrant).
WHEREAS an order has been duly made requiring (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees , and whereas the said (name) in wilful disregard of the said order has failed to pay rupees, being the amount of the allowance for the month (or months) of ;
This is to authorise and require you to attach any movable property belonging to the said (name) which may be found within the district of , and if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this day of, 19. (Seal of the Court) (Signature)
(The Second Schedule)
FORM No. 20
ORDER FOR THE REMOVAL OF NUISANCES
(See section 133)
To (name, description and address).
WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc., (state what it is that causes the obstruction or nuisance),
and that such obstruction (or nuisance) still exists ;
or
WHEREAS it has been made to appear to me that you are carryingon, as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on),and that the same is injurious to the public health (or comfort) byreason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place;
or
WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (orwell or excavation) adjacent to the pubic way (describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced);
or
WHEREAS, etc., etc., (as the case may be);
I do hereby direct and require you within (state the time allowed) (state what is required to be done to abate the nuisance) or to appear at in the Court of on the day of next, and to show cause why this order should not be enforced;
or
I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not
1085
(The Second Schedule)
again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.;
or
I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced) ; or to appear, etc. ;
or
I do hereby direct and require you, etc., etc., (as the case may be). Dated, this day of , 19. (Seal of the Court)
(Signature)
FORM No. 21
MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
(See section 141)
To (name, description and address).
I HEREBY give you notice that it has been found that the order issued on the day of requiring you (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obeythe said order within (state the time allowed), on peril of the penalty provided by the Indian Penal Code for disobedience thereto.
Dated, this day of , 19. (Seal of the Court) (Signature)
FORM No. 22 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 142)
To (name. description and address).
WHEREAS the inquiry into the conditional order issued by me on the day of , 19 , is pending, and it has been made to appear
1086
(The Second Schedule)
to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury,I do hereby, under the provisions of section 142 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.
Dated, this day of , 19. (Seal of the Court) (Signature)
FORM No. 23
MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE
(See section 143)
To (name, description and address).
WHEREAS it has been made to appear to me that, etc. (state the proper recital, guided by Form No. 20 or Form No. 24, as the case maybe) ;
I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 24
MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.
(See section 144)
To (name, description and address).
WHEREAS it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up uponthe adjoining public road, so as to occasion risk of obstruction to persons using the road;
or
(The Second Schedule)
WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray;
or
WHEREAS, etc., etc., (as the case may be);
I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 25
MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF
LAND, ETC., IN DISPUTE
(See section 145)
It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said (name or names or description) is true ; I do decide and declare that he is (or they are) in possession of the said (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.
Dated, this day of, 19.
(Seal of the Court)
(Signature)
(The Second Schedule.)
FORM No. 26
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.
(See section 146)
To the Officer in charge of the police station at (or, To the Collector of).
WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between (describe the partiesconcerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writingtheir respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid) ;
This is to authorise and require you to attach the said (thesubject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 27
MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER (See section 147)
A DISPUTE having arisen concerning the right of use of (stateconcisely the subject by dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed");
1088A
(The Second Schedule)
I do order that the said (the claimant or claimants of possession) or any one in their interest, shall not take (or retain)possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a Competent Court adjudging him (or them) to be entitled to exclusive possession.
Dated, this day of , 19 .
(Seat of the court)
(Signature)
FORM No. 28
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER
(See section 169)
I, (name), of, being charged with the offence of, and after inquiry required to appear before the Magistrate of
or
and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at , in the Court of , on the day of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government, the sum of rupees
Dated, this day of , 19.
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said (name) that he shall attend at in the Court of , on the day of next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees .
Dated, this day of , 19.
(Signature)
1088B
FORM No. 29
BOND TO PROSECUTE OR GIVE EVIDENCE
(See section 170)
I, (name), of (place) , do hereby bind myself to attend at in the Court of at o'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees .
Dated, this day of , 19.
(Signature)
FORM No. 30
SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE
(See section 206)
To
(Name of the accused)
of (address)
WHEREAS your attendance is necessary to answer a charge of a petty offence (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before (Magistrate) of on the day of 19 , or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not.
Dated, this day of , 19. (Seal of the Court) (Signature)
(Note.-The amount of fine specified in this summons shall not exceed one hundred rupees.)
1088C
(The Second Schedule)
FORM No. 31
NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR
(See section 209)
The Magistrate of hereby gives notice that he has committed one for trial at the next Sessions ; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case.
The charge against the accused is that, etc. (state the offence as in the charge).
Dated, this day of , 19.
(Seal of the Court)
(Signature),
FORM No. 32
CHARGES
(See sections 211, 212 and 213)
I. CHARGES WITH ONE HEAD
(3)On section 161. That you, being a public servant in the Department, directly accepted from (state the name) for another party (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punish-
1088D
(The Second Schedule.)
able under section 161 of the Indian Penal Code, and within the cognizance of this Court.
1088E
(The Second Schedule.)
by name, A.B., as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly--That you, on or about the of day of;
at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the congnizance of the Court of Session.
(c)And I hereby direct that you be tried by the said Court on the said charge.
(Signature and seal of the Magistrate)
[To be substituted for (b)] :-
(2) On section and 302 and 304 First-That you, on or about the . day of,
at , committed murder by causing the death ofand 3 thereby committed an offence punishable under section 302 of the Indian 3 Penal Code, and within the cognizance of the Court of Session.
Secondly-That you, on or about the day of , at, by causing the death of, committed culpable homicide not amounting to murder, and thereby committed an offence punishable under ,section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.
(3) On sections 379 an 362. First-That you, on or about the day of, at, committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly-That you, on or about the day of, at, committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Thirdly-That you, on or about the day of, at, committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Fourthly-That you, on or about the day of, at, committed theft, having made preparation for causing fear of hurt to a
1088F
(The Second Schedule.)
person in order to the retaining of property taken by such theft an thereby committed an offence punishable under section 382 of the India Penal Code, and within the cognizance of the Court of Session.
(4) Alernative charge on sectin 193. That you, on or about the day of, at, in the course of the inquiry into, before, stated in evide nce that" and that you, on or about the day of at in the course of the trial of before stated in the evidence that one of which statements you either knew or believed to be false, or did not believeto be true, and thereby committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance of the Court of Session.
(In cases tried by Magistrates substitute "within my cognizance", for " within the cognizance of the Court of Session".)
III. CHARGES F0R THEFT AFTER PREVIOUS CONVICTION
I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-
That you, on or about the day of at committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be).
And you, the said (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the day of , had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.
And I hereby direct that you be tried, etc.
FORM No. 33
SUMMONS TO WITNESS
(See sections 61 and 244)
To of .
WHEREAS complaint has been made before me that (name of the accused) of (address) has or is suspected to have committed the offence
1088G
(The Second Schedule.)
of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution ;
You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court;and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compelyour attendance.
Dated, this day of , 19. (Seat of the Court) (Signature)
FORM No. 34
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE
IF PASSED BY A 1 [COURT]
2[(See sections 235, 248 and 255)]
To the Officer in charge of the Jail at .
WHEREAS on the day of , (name of prisoner), the
(1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 , was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Indian Penal Code (or of Act),and was sentenced to (state the punishment fully and distinctly);
This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 35
WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION
(See section 250)
To the Officer in charge of the Jail at .
WHEREAS (name and description) has brought against (name and des cription of the accused person) the complaint that (mention it concisely)
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 35, for "Magistrate" (w.e.f. 18-12- 1978).
2 Subs. by s. 35, ibid., for "(see sections 248 and 255)" (w.e.f. 18-12-1978). ----------------------------------------------------------------------
1088H
(The Second Schedule.)
and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said (name)and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as compensation; and whereas the said sum has not been paid and an order has been made for his Simple imprisonment in jail for the period of days, unless the aforesaid sum be sooner paid;
This is to authorise and require you to receive the said (name)into your custody,together with this warrant, and him safely to keepin the said Jail for the said period of (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code,unless the said sum be sooner paid, and on the receipt thereof,forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 36
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE
(See section 267)
To the Officer in charge of the Jail at
WHEREAS the attendance of (name of prisoner) at present confined detained in the above-mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged) or for the purpose of a proceeding (state shortly the particulars of the proceeding);
You are hereby required to produce the said under safe and sure conduct before this Court on the day of 19, by A.M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.
Dated, this day of , 19.
(Seal of the Court) (Signature) Countersigned. (Seal) (Signature)
1088I
(The Second Schedule.)
FORM No. 37
ORDER REQUIRING IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE
(See section 267)
To the Officer in charge of the Jail at .
WHEREAS complaint has been made before this Court that (name Of the accused) of has committed the offence of (state offence concisely with time and place) and it appears that (name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence ;
You are hereby required to produce the said under safe and sure conduct before this Court at on the day of,19 , by A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.
Dated, this day of , 19.
(Seal of the Court) (Signature)Countersigned.
(Seal) (Signature)
FORM No. 38 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED (See section 345)
To the Officer in charge of the Jail at .
WHEREAS at a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt ;
And whereas for such contempt the said (name of the offender) has been adjudged by the Court to pay a fine of rupees, or in default
1088J (The Second Schedule.)
to suffer simple imprisonment for the period of (state the number of months or days) ;
This is to authorise and require you to receive the said (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment),unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 39
MAGISTRATE'S OR JUDGE'S WARRANT' OF COMMITMENT OF WITNESS
REFUSING TO ANSWER OR TO PRODUCE DOCUMENT
(See section 349)
To (name and designation of officer of Court).
WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question(or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for (term of detention adjudged) ;
This is to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this day of, 19.
(Seat of the Court) (Signature)
1088K
(The Second Schedule.)
FORM NO. 40
WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
(See section 366)
To the Officer in charge of the Jail at .
WHEREAS at the Session held before me on the day of, 19, (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the Court of;
This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 41
WARRANT AFTER A COMMUTATION OF A SENTENCE
1[(See sections 386, 413 and 416)]
To the Officer in charge of the Jail at
WHEREAS at a Session held on the day of, 19, (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the said Session, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence hag been commuted to the punishment of imprisonment for life;
This is to authorise and require you safely to keep the said (prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 35, for " (See Section 386) (w. e. f. 18-12-1878). ----------------------------------------------------------------------
1088L
(The Second Schedule.)
purpose of his undergoing the punishment of imprisonment for life under the said order,
or
If the mitigated sentence is one of imprisonment, say, after the words " custody in the said Jail", "and there to carry into execution the punishment of imprisonment under the said order according to law".
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 42
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
1[(See sections 413 and 414)]
To the Officer in charge of the Jail at .
WHEREAS (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the High Court at confirming the said sentence has been received by this Court;
This is to authorise and require you to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 43
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
(See section 421)
To (name and designation of the police officer or other person or persons who is or are to execute the warrant).
WHEREAS (name and description of the offender) was on the day of, , 19 , convicted before me of the offence of (mention the
---------------------------------------------------------------------- 1 Subs. by Act 45 of 1978, s. 35 for "(see section 414)" w.e.f. 18-12- 1978). ----------------------------------------------------------------------
1088M
(The Second Schedule.)
offence concisely), and sentenced to pay a fine of rupees and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof :
This is to authorise and require you to attach any movable property belonging to the said (name), which may be found within the district of ; and, if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 44
WARRANT FOR RECOVERY OF FINE
(See section 421)
To the Collector of the district of .
WHEREAS (name, address and description of the offender) was on the day of , 19 , convicted before me of the offence of (mention the offence concisely), and sentenced to pay a fine of rupees ; and
WHEREAS the said (name), although required to pay the said fine, has not paid the same or any part thereof ;
You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said (name) and to certify without delay what you may have done in pursuance of this order.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
1[FORM NO. 44A
BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE
(See section 424 (1) (b)]
WHEREAS I, (name), inhabitant of (place), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo ---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
1088N
(The Second Schedule.)
imprisonment for ; and whereas the Court has been pleased to order myrelease on condition of my executing a bond for by appearance on the following date (or dates), namely :-
I hereby bind myself to appear before the Court of at o'clock on the following date (or dates), namely:-
and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees .
Dated, this day of , 19.
(Signature)
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD-
We do hereby declare ourselves sureties for the above-named that he will appear before the Court of on the following date (or dates),namely:-
and, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees .
(Signature)
FORM No. 45 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 436, 437, 438(3) and 441]
I, (name), of (place), having been arrested or detained without warrant by the Officer in charge of police station (or having been brought before the Court of ), charged with the offence of , and required to give security for my attendance before such Officer or Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees .
Dated, this day of , 19.
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said (name) that he shall attend the Officer in charge of police station or the Court of on every day on which any investigation into the charge is made
1088O
(The Second Schedule.)
or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees .
Dated, this day of , 19.
(Signature)
FORM No. 46
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
(See section 442)
To the Officer in charge of the Jail at
(or other officer in whose custody the person is)
WHEREAS (name and description of prisoner) was committed to yourcustody under warrant of this Court, dated the 'day of, and has since with his surety (or sureties) duly executed a bond under Section 441 of the Code of Criminal Procedure ;
This is to authorise and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
[FORM No. 47
WARRANT OF ATTACHMENT TO ENFORCE A BOND
(See section 446)
To the Police Officer-in-charge of the police station at
WHEREAS (name, description and address of person) has failed to appear on (mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees (the penalty in the bond) ; and whereas the said (name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;
---------------------------------------------------------------------- 1 Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
1088P
(The Second Schedule.)
This is to authorise and require you to attach any movable property of the said (name) that you may find within the district of by seizure and detention, and, if the said amount be not paid within days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.
Dated, this day of , 19.
(Signature)
FORM No. 48
NOTICE TO SURETY ON BREACH OF A BOND
(See section 446)
To of .
WHEREAS on the day of , 19 , you became surety for (name) of(place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to Government; and whereas the said (name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees ;
You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 49
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 446) To of .
WHEREAS on the day of , 19, you became surely by a bond for (name) of (place) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government; and Whereas the said (name) has been
1088Q
(The Second Schedule.)
convicted of the offence of (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited ;
You are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid.
Dated, this day of , 19.
(Seal of the Court) (Signature)
FORM No. 50
WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 446)
To of .
WHEREAS (name, description and address) has bound himself as surety for the appearance of (mention the condition of the bond) and the said (name) has made default, and thereby forfeited to Government the sum of rupees (the penalty in the bond) ;
This is to authorise and require you to attach any movable property of the said (name) which you may find within the district of, by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 51
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
(See section 446)
To the Superintendent (or Keeper) of the Civil Jail at
WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned
1088R
(The Second Schedule.)
in the said bond has been forfeited to Government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for (specify the period) ;
This is to authorise and require you, the said Superintendent (or Keeper) to receive the said (name) into your custody with the warrant and to keep him safely in the said Jail for the said (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 52
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE
(See section 446)
To (name, description and address) .
WHEREAS on the day of, 19, you entered into a bond not to commit, etc., (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;
You are hereby called upon to pay the said penalty of rupees or to show cause before me within days why payment of the same should not be enforced against you.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 53
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND To
KEEP THE PEACE
(See section 446)
To (name and designation of police officer),at the police station of
WHEREAS (name and description) did, on the day of , 19, enter into a bond for the sum of rupees binding himself not
1086S
(The Second Schedule.)
to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum ;
This is to authorise and require you to attach by seizure movable ,property belonging to the said (name) to the value of rupees, which you may find within the district of, and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same ; and to make return of what you have done under this warrant immediately upon its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 54
WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE
(See section 446)
To the Superintendent (or Keeper) of the Civil Jail at
WHEREAS proof has been given before me and duly recorded that (name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum should not be paid, althoughduly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of (term of imprisonment) ;
This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said (name) into yourcustody, together with this warrant, and to keep him safely in the said Jail for the said period of (term of imprisonment), and to return
this warrant execution. | with | an | endorsement | certifying | the | manner | of | its |
Dated, this day of | 19. | |||||||
(Seal of the Court) | (Signature) |
1088T
(The Second Schedule.)
FORM No. 55
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD)
BEHAVIOUR
(See section 446)
To the police officer in charge of the police station at .
WHEREAS (name, description and address) did, on the day of, 19, give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum ;
This is to authorise and require you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of, and, if the said sum be not paidwithin to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
FORM No. 56
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 446)
To the Superintendent (or Keeper) of the Civil Jail at .
WHEREAS (name, description and address) did, on the day of, 19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal) and proof of the breach of the said bond has been given before me and duly recorded, whereby the said (name) has forfeited to Government the sum of rupees, and
1088U
(The Second Schedule.)
whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of (term of imprisonment) ;
This is to authorise and require you, the Superintendent ( orKeeper), to receive the said (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.
Dated, this day of, 19.
(Seal of the Court) (Signature).]
THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001
ACT NO. 50 OF 2001
[24th September, 2001.]
An Act further to amend the Code of Criminal Procedure, 1973.
BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-
1.
Short title.
Amendment of section 125.
2. Amendment of section 125.-In the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), in section 125,-
"Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, ather or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty daysfrom the date of the service of notice of the applica ion to such person.";
(ii) for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceed ng, as the case may be.";
(iii) in sub-sections (3) and (4), for the word "allowance", wherever it occurs, the words ''allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be," shall be substituted.
3.
Amendment of section 127.
3. Amendment of section 127.-In section 127 of the principal Act,-
(iii) in sub-section (4),-
4.
Amendment of section 128.
4. Amendment of section 128.-In section 128 of the principal Act,-
(iii) for the words "allowance due", the words "allowance, or as the case may be, expenses, due" shall be substituted.
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THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005
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NO. 25 OF 2005
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[23rd June, 2005.]
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An Act further to amend the Code of Criminal Procedure, 1973.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
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1. % Short title and commencement. !
1. Short title and commencement.-(1) This Act may be called the Code of Criminal Procedure (Amen
(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central @
2. % Amendment of section 20. !
3. Amendment of section 24.-In section 24 of the principal Act, in sub-section (6), after the p 'Explanation.-For the purposes of this sub-section,
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4. % Insertion of new section 25A. !
4. Insertion of new section 25A.-In Chapter II of the principal Act, after section 25, the follo "25A. Directorate of Prosecution.-(1) The State Government may establish a Directorate of Prosec
5. % Amendment of section 29. !
5. Amendment of section 29.-In section 29 of the principal Act,-
6. % Amendment of section 46. !
% Insertion of new section 50A. !
7. Insertion of new section 50A.-After section 50 of the principal Act, the following section sh "50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person
8. % Amendment of section 53. !
8. Amendment of section 53.-In section 53 of the principal Act, for the Explanation, the followi 'Explanation.-In this section and in sections 53A and 54,-
9. % Insertion of new section 53A. !
9. Insertion of new section 53A.-After section 53 of the principal Act, the following section sh "53A. Examination of person accused of rape by medical practitioner.-(1) When a person is arrest
(iii) marks of injury, if any, on the person of the accused,
10. % Amendment of section 54. !
12. Amendment of section 82.-In section 82 of the principal Act, after sub-section (3), the foll "(4) Where a proclamation published under sub-section (1) is in respect of a person accused of a
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court un @
13. % Amendment of section 102. !
13. Amendment of section 102.-In section 102 of the principal Act,-
"Provided that where the property seized under sub-section (1) is subject to speedy and natural @
14. % Amendment of section 110. !
14. Amendment of section 110.-In section 110 of the principal Act, in clause (f), in sub-clause
15. % Amendment of section 122. !
16. Insertion of new section 144A.-In Chapter X of the principal Act, under sub-heading "C.-Urge '144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.-(
17. % Insertion of new section 164A.
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17. Insertion of new section 164A.-After section 164 of the principal Act, the following section '164A. Medical examination of the victim of rape.-(1) Where, during the stage when an offence of
(iii) the description of material taken from the person of the woman for DNA profiling;
18. % Amendment of section 176. !
18. Amendment of section 176.-In section 176 of the principal Act,-
(iii) after sub-section (4), before the Explanation, the following sub-section shall be inserted "(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police of @
19. % Amendment of section 202. !
20. Amendment of section 206.-In section 206 of the principal Act, in sub-section (1),-
21. % Amendment of section 223. !
21. Amendment of section 223.-In section 223 of the principal Act, in the proviso,-
22. % Amendment of section 228. !
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23. Amendment of section 260.-In section 260 of the principal Act, in sub-section (1),-
24. % Insertion of new section 291A. !
24. Insertion of new section 291A.-After section 291 of the principal Act, the following section
"291A. Identification report of Magistrate.-(1) Any document purporting to be a report of identiProvided that where such report contains a statement of any suspect or witness to which the prov
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the @
25. % Amendment of section 292. !
25. Amendment of section 292.-In section 292 of the principal Act,-
26. % Amendment of section 293. !
26. Amendment of section 293.-In section 293 of the principal Act, in sub-section (4),-
27. % Insertion of new section 311A. !
28. Amendment of section 320.-In section 320 of the principal Act, in the Table under sub-sectio
29. % Amendment of section 356. !
29. Amendment of section 356.-In section 356 of the principal Act, in sub-section (1),-
30. % Amendment of section 358. !
% Amendment of section 377. !
31. Amendment of section 377.-In section 377 of the principal Act,-
32. % Amendment of section 378. !
32. Amendment of section 378.-In section 378 of the principal Act,-
(iii) in sub-section (3), for the words "No appeal", the words "No appeal to the High Court" sha @
33. % Amendment of section 389. !
35. Amendment of section 436.-In section 436 of the principal Act, in sub-section (1),-
36. % Insertion of new section 436A. !
37. Amendment of section 437.-In section 437 of the principal Act,-
38. % Amendment of section 438. !
38. Amendment of section 438.-In section 438 of the principal Act, for sub-section (1), the foll "(1) Where any person has reason to believe that he may be arrested on accusation of having comm
(iii) the possibility of the applicant to flee from justice; and
(iv) where the accusation has been made with the object of injuring or humiliating the applicant either reject the application forthwith or issue an interim order for the grant of anticipatory Provided that, where the High Court or, as the case may be, the Court of Session, has not passed (1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a n
(1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of @
39. % Insertion of new section 441A. !
42. Amendment of the First Schedule.-In the First Schedule to the principal Act, under the headi
(a) after the entries relating to section 153A, the following entries shall be inserted, namely:
1 2 3 4 5 6
"153AA Knowingly carrying Imprisonment Ditto Ditto Any Magistrate."; arms in any procession for 6 months or organising or holding and fine of taking part in any mass 2,000 rupees drill or mass training with arms
1 2 3 4 5 6
"174A Failure to appear at speci- Imprisonment Cogniz- Non-bail- Magistrate offied place and specified for 3 years, able able the first time as Clamation published under or with both sub-section (1) of section 82 of this Code
In a case where declaration Imprisonment Ditto Ditto Ditto.";
Has been made under sub- for 7 years Section (4) of section 82 and fine of this Code pronouncing a person as proclaimed offender
1 2 3 4 5 6
"229A Failure by person rel- Imprisonment for Cogniz- Non-bail- Anyeasedon bail or bond to 1 year, or fine, able able Magistrate.";appear in Court or both
(iii) section 324, for the word "Ditto", the word "Non-bailable" shall be substituted;
(vii) section 353, for the word "Ditto", the word "Non-bailable" shall be substituted;
(viii) section 354, for the word "Ditto", the word "Bailable" shall be substituted. @
43. % Amendment of the Second Schedule. !
44. Amendment of Act 45 of 1860.-In the Indian Penal Code,-
~ THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) AMENDING ACT, 2006
# No. 25 of 2006
$ [2nd June, 2006.]
+ An Act further to amend the Code of Criminal Procedure (Amendment) Act, 2005. Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:—
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1.
% Short title.
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% Amendment of section 1 of Act 25 of 2005.
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2. Amendment of section 1 of Act 25 of 2005.-In the Code of Criminal Procedure (Amendment) Act,
after the words “by notification in the Official Gazette, appoint”, the words “; and different dates may be appointed for different provisions of this Act” shall be inserted
K.N. CHATURVEDI, Secy. to the Govt. of India.
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