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crpc_act_with_state_amendments.pdf.txt
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-
(a) to the State of Nagaland,
(b) to the tribal areas,
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,-
(a) "bailable offence" means an offence which is shown as
bailable in the First Schedule, or which is made bailable by
any other law for the time being in force; and "non-bailable
offence" means any other offence;
(b) "charge" includes any head of charge when the charge
contains more heads than one;
(c) "cognizable offence" means an offence for which, and
"cognizable case" means a case in which, a police officer
may, in
812
accordance with the First Schedule or under any other law for
the time being in force, arrest without warrant;
(d) "complaint" means any allegation made orally or in
writing to a Magistrate, with a view to his taking action
under this Code, that some person, whether known or unknown,
has committed an offence, but does not include a police
report.
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;
(f) "India" means the territories to which this Code extends;
(g) "inquiry" means every inquiry, other than a trial,
conducted under this Code by a Magistrate or Court;
(h) "investigation" includes all the proceedings under this
Code for the collection of evidence conducted by a police
officer or by any person (other than a Magistrate) who is
authorised by a Magistrate in this behalf;
(i) "judicial proceeding" includes any proceeding in the
course of which evidence is or may be legally taken on oath ;
(j) "local jurisdiction", in relation to a Court or
Magistrate, means the local area within which the Court or
Magistrate may exercise all or any of its or his powers under
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];
----------------------------------------------------------------------
1* Ins. by Act 45 of 1978, s. 2 (w.e,f, 18-12-1978).
----------------------------------------------------------------------
813
(k) "metropolitan area" means the area declared, or deemed
to be declared, under section 8, to be a metropolitan area ;
(l) "non-cognizable offence" means an offence for which,
and "non- cognizable case" means a case in which, a police
officer has no authority to arrest without warrant;
(m) "notification" means a notification published in the
Official Gazette ;
(n) "offence" means any act or omission made punishable by
any law for the time being in force and includes any act in
respect of which a complaint may be made under section 20 of
the Cattle-trespass Act, 1871 ( 1 of 1871);
(o) "officer in charge of a police station" includes, when
the officer in charge of the police station is absent from
the station house or unable from illness or other cause to
perform his duties, the police officer present at the
station-house who is next in rank to such officer and is
above the rank of constable or, when the State Government so
directs, any other police officer so present ;
(p) "place" includes a house, building, tent, vehicle and
vessel;
(q) "pleader", when used with reference to any proceeding
in any Court, means a person authorised by or under any law
for the time being in force, to practise in such Court, and
includes any other person appointed with the permission of
the Court to act in such proceeding ;
(r) "police report" means a report forwarded by a police
officer to Magistrate under sub-section (2) of section 173;
(s) "police station" means any post or place declared
generally or specially by the State Government, to be a
police station, and includes any local area specified by the
State Government in this behalf ;
(t) "prescribed" means prescribed by rules made under this
Code;
(u) "Public Prosecutor" means any person appointed under
section 24, and includes any person acting under the
directions of a Public Prosecutor ;
(v) "sub-division" means a sub-division of a district;
(w) "summons-case" means a case relating to an offence, and
not being a warrant-case ;
814
(x) "warrant-case" means a case relating to an offence
punishable with death, imprisonment for life or imprisonment
for a term exceeding two years;
(y) words and expressions used herein and not defined but
defined in the Indian Penal Code (45 of 1860) have the
meanings respectively assigned to them in that Code.
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;
(b) any reference to a Magistrate of the second class
shall, in relation to an area outside a metropolitan area, be
construed as a reference to a Judicial Magistrate of the
second class, and, in relation to a metropolitan area, as a
reference to a Metropolitan Magistrate ;
(c) any reference to a Magistrate of the first class
shall,-
(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, any
reference 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;
815
(b) to a Magistrate of the second class or of the third
class, shall be construed as a reference to a Judicial
Magistrate of the second class ;
(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-
(a) which involve the appreciation or sifting of evidence
or the formulation of any decision which exposes any person
to any punishment or penalty or detention in custody pending
investigation, inquiry or trial or would have the effect of
sending him for trial before any Court, they shall, subject
to the provisions of this Code, be exercisable by a Judicial
Magistrate ; or
(b) which are administrative or executive in nature, such
as, the granting of a licence, the suspension or cancellation
of a licence, sanctioning a prosecution or withdrawing from a
prosecution, they shall, subject as aforesaid, be exercisable
by an Executive Magistrate.
4.
Trial of offences under the Indian Penal Code and other laws.
4. Trial of offences under the Indian Penal Code and other laws.
(1) All offences under the Indian Penal Code (45 of 1860) shall be
investigated, inquired into, tried, and otherwise dealt with according
to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated,
inquired into, tried, and otherwise dealt with according to the same
provisions, but subject to any enactment for the time being in force
regulating the manner or place of investigating, inquiring into,
trying or otherwise dealing with such offences.
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.
816
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:-
(i) Courts of Session ;
(ii) Judicial Magistrates of the first class and, in any
metropolitan area, Metropolitan Magistrates;
(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.
(2) The State Government may, after consultation with the High
Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High
Court, divide any district into sub-divisions and may alter the limits
or the number of such sub-divisions.
(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, by
notification, 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.
(2) As from the commencement of this Code, each of the
Presidency towns of Bombay, Calcutta and Madras and the city of
Ahmedabad shall be deemed to be declared under sub-section (1) to be a
metropolitan area.
(3) The State Government may, by notification, extend, reduce
or alter the limits of a metropolitan area but the reduction or
alteration shall not be so made as to reduce the population of such
area to less than one million.
(4) Where, after an area has been declared, or deemed to have
been declared to be, a metropolitan area, the population of such area
falls below
817
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 pending
immediately 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 appointed
by 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 by
an 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
818
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.
(2) The Sessions Judge may, from time to time, make rules
consistent with this Code, as to the distribution of business among
such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal
of any urgent application, in the event of his absence or inability to
act, by an Additional or Assistant Sessions Judge, or, if there be no
Additional or Assistant Sessions Judge, by the Chief Judicial
Magistrate, and every such Judge or Magistrate shall be deemed to have
jurisdiction to deal with any such application.
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 Special
Courts 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.]
(2) The presiding officers of such Courts shall be appointed by
the High Court.
(3) The High Court may, whenever it appears to it to be
expedient or necessary, confer the powers of a Judicial Magistrate of
the first class or of the second class on any member of the Judicial
Service of the State, functioning as a Judge in a Civil Court.
----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978).
----------------------------------------------------------------------
819
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.]
---------------------------------------------------------------------
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).
-----------------------------------------------------------------------
820
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 may
hold 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, appointed
under 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 every
metropolitan 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.
(2) The presiding officers of such Courts shall be appointed by
the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate
shall extend throughout the metropolitan area.
--------------------------------------------------------------------
1 Ins. by Act 45 of 1978, S. 5 (w.e.f. 18-12-1978).
---------------------------------------------------------------------
821
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 may
be, 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-
----------------------------------------------------------------------
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).
---------------------------------------------------------------------
822
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.
(2) The State Government may appoint any Executive Magistrate to
be an Additional District Magistrate, and such Magistrate shall have
1*[such] of the powers of a District Magistrate under this Code or
under any other law for the time being in force 2*[as may be directed
by the State Government].
(3) Whenever, in consequence of the office of a District
Magistrate becoming vacant, any officer succeeds temporarily to the
executive administration of the district, such officer shall, pending
the orders of he State Government, exercise all the powers and
perform all the duties respectively conferred and imposed by this Code
on the District Magistrate.
(4) The State Government may place an Executive Magistrate in
charge of a sub-division and may relieve him of the charge as occasion
requires; and the Magistrate so placed in charge of a sub-division
shall be called the Sub-divisional Magistrate.
(5) Nothing in this section shall preclude the State Government
from conferring, under any law for the time being in force, on a
Commissioner of Police, all or any of the powers of an Executive
Magistrate in relation to a metropolitan area.
21.
Special Executive Magistrates.
21. Special Executive Magistrates. The State Government may
appoint, for such term as it may think fit, Executive Magistrates, to
be known as Special Executive Magistrates for particular areas or for
the performance of particular functions and confer on such Special
Executive Magistrates such of the powers as are conferrable under this
Code on Executive Magistrates, as it may deem fit.
22.
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).
---------------------------------------------------------------------
823
(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, any
prosecution, 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).
---------------------------------------------------------------------
824
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.
(8) The Central Government or the State Government may appoint,
for the purposes of any case or class of cases, a person who has been
in practice as an advocate for not less than ten years as a Special
Public Prosecutor.
(9) For the purposes of sub-section (7) and sub-section (8), the
period during which a person has been in practice as a pleader, or has
rendered (whether before or after the commencement of this Code)
service as a Public Prosecutor or as an Additional Public Prosecutor
or Assistant Public Prosecutor or other Prosecuting Officer, by
whatever name called, shall be deemed to be the period during which
such person has been in practice as an advocate.]
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.
----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978)
----------------------------------------------------------------------
825
(3) Where no Assistant Public Prosecutor is available for the
purposes of any particular case, the District Magistrate may appoint
any other person to be the Assistant Public Prosecutor in charge of
that case;
Provided that a police officer shall not be so appointed-
(a) if he has taken any part in the investigation into the
offence with respect to which the accused being prosecuted; or
(b) if he is below the rank of Inspector.
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,-
(a) any offence under the Indian Penal Code (45 of 1860),
may be tried by-
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in
the First Schedule to be triable;
(b) any offence under any other law shall, when any Court is
mentioned in this behalf in such law, be tried by such Court
and when no Court is so mentioned, may be tried by-
(i) the High Court, or
(ii) any other Court by which such offence is shown in
the First Schedule to be triable.
27.
Jurisdiction in the case of juveniles.
27. Jurisdiction in the case of juveniles. Any offence not
punishable with death or imprisonment for life, committed by any
person who at the date when he appears or is brought before the Court
is under the age of sixteen years, may be tried by the Court of a
Chief Judicial Magistrate, or by any Court specially empowered under
the Children Act, 1960 (60 of 1960), or any other law for the time
being in force providing for the treatment, training and
rehabilitation of youthful offenders.
28.
Sentences which High Courts and Sessions Judges may pass.
28. Sentences which High Courts and Sessions Judges may pass.
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any
sentence authorised by law ; but any sentence of death passed by any
such Judge shall be subject to confirmation by the High Court.
826
(3) An Assistant Sessions Judge may pass any sentence authorised
by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding ten years.
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.
(2) The Court of a Magistrate of the first class may pass a
sentence of imprisonment for a term not exceeding three years, or of
fine not exceeding five thousand rupees, or of both.
(3) The Court of a Magistrate of the second class may pass a
sentence of imprisonment for a term not exceeding one year, or of fine
not exceeding one thousand rupees, or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the
powers of the Court of a Chief Judicial Magistrate and that of a
Metropolitan Magistrate, the powers of the Court of a Magistrate of
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-
(a) is not in excess of the powers of the Magistrate under
section 29;
(b) shall not, where imprisonment has been awarded as part
of the substantive sentence, exceed one-fourth of the term of
imprisonment which the Magistrate is competent to inflict as
punishment for the offence otherwise than as imprisonment in
default of payment of the fine.
(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
827
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-
(a) in no case shall such person be sentenced to
imprisonment for longer period than fourteen years;
(b) the aggregate punishment shall not exceed twice the
amount of punishment which the Court is competent to inflict
for a single offence.
(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 may
be, 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.
33. Powers of officers appointed. Whenever any person holding
an office in the service of Government who has been invested by the
High Court or the State Government with any powers under this Code
throughout any local area is appointed to an equal or higher office of
the same nature, within a like local area under the same State
Government, he shall, unless the High Court or the State Government,
as the case may be, otherwise directs, or has otherwise directed,
exercise the same powers in the local area in which he is so
appointed.
34.
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 powers
conferred 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.
828
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.
(2) When there is any doubt as to who is the successor-in-office
of any Additional or Assistant Sessions Judge, the Sessions Judge
shall determine by order in writing the Judge who shall, for the
purposes of this Code or of any proceedings or order thereunder, be
deemed to be the successor-in-office of such Additional or Assistant
Sessions Judge.
(3) When there is any doubt as to who is the successor-in-office
of any Magistrate, the Chief Judicial Magistrate, or the District
Magistrate, as the case may be, shall determine by order in writing
the Magistrate who shall, for the purposes of this Code or of any
proceedings or order thereunder, be deemed to be the successor-in-
office of such Magistrate.
CHAP
A.-POWERS OF SUPERIOR OFFICERS OF POLICE
CHAPTER IV
A.-POWERS OF SUPERIOR OFFICERS OF POLICE
36.
Powers of superior officers of police.
36. Powers of superior officers of police. Police officers
superior in rank to an officer in charge of a police station may
exercise the same powers, throughout the local area to which they are
appointed, as may be exercised by such officer within the limits of
his station.
B.-AID TO THE MAGISTRATES AND THE POLICE
37.
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-
(a) in the taking or preventing the escape of any other
person whom such Magistrate or police officer is authorised
to arrest; or
(b) in the prevention or suppression of a breach of the
peace; or
(c) in the prevention of any injury attempted to be
committed to any railway, canal, telegraph or public
property.
38.
Aid to person, other than police officer, executing, warrant.
38. Aid to person, other than police officer, executing,
warrant. When a warrant is directed to a person other than a police
officer, any other person may aid in the execution of such warrant, if
the person to whom the warrant is directed be near at hand and acting
in the execution of the warrant.
829
39.
Public to give information of certain offences.
39. Public to give information of certain offences. (1) Every
person, 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:-
(i) sections 121 to 126, both inclusive, and section 130
(that is to say, offences against the State specified in
Chapter VI of the said Code);
(ii) sections 143, 144, 145, 147 and 148 (that is to say,
offences against the public tranquillity specified in Chapter
VIII of the said Code) ;
(iii) sections 161 to 165A, both inclusive (that is to say,
offences relating to illegal gratification);
(iv) sections 272 to 278, both inclusive (that is to say,
offences relating to adulteration of food and drugs, etc.);
(v) sections 302, 303 and 304 (that is to say, offences
affecting life);
1*(va) section 364A (that is to say, offence relating to
kidnapping for ransom, etc.);
(vi) section 382 (that is to say, offence of theft after
preparation made for causing death, hurt or restraint in
order to the committing of the theft);
(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.);
(ix) sections 431 to 439, both inclusive (that is to say,
offences of mischief against property);
(x) sections 449 and 450 (that is to say, office of house-
trespass);
(xi) sections 456 to 460, both inclusive (that is to say,
offences of lurking house-trespass); and
(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 proving
which excuse shall lie upon the person so aware, forthwith give
information 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.
---------------------------------------------------------------------
830
40.
Duty of officers employed in connection with the affairs of a villageto
make
certain 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-
(a) the permanent or temporary residence of any notorious
receiver or vendor of stolen property in or near such
village;
(b) the resort to any place within, or the passage through,
such village of any person whom he knows, or reasonably
suspects, to be a thug, robber, escaped convict or proclaimed
offender ;
(c) the commission of, or intention to commit, in or near
such village any non-bailable offence or any offence
punishable under section 143, section 144, section 145,
section 147, or section 148 of the Indian Penal Code (45 of
1860);
(d) the occurrence in or near such village of any sudden or
unnatural death or of any death under suspicious
circumstances or the discovery in or near such village of any
corpse or part of a corpse, in circumstances which lead to a
reasonable suspicion that such a death has occurred or the
disappearance from such village of any person in
circumstances which lead to a reasonable suspicion that a
non-bailable offence has been committed in respect of such
person ;
(e) the commission of, or intention to commit, at any place
out of India near such village any act which, if committed in
India, would be an offence punishable under any of the
following sections of the Indian Penal Code (45 of 1860),
namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to
399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460
(both inclusive), 489A, 489B, 489C and 489D ;
(f) any matter likely to affect the maintenance of order or
the prevention of crime or the safety of person or property
respecting which the District Magistrate, by general or
special order made with the previous sanction of the State
Government, has directed him to communicate information.
(2) In this section,-
(i) "village" includes village-lands;
831
(ii) the expression "proclaimed offender" includes any
person proclaimed as an offender by any Court or authority in
any territory in India to which this Code does not extend, in
respect of any act which if committed in the territories to
which this Code extends, would be an offence punishable under
any of the following sections of the Indian Penal Code (45 of
1860), namely, 302, 304, 382, 392 to 399 (both inclusive),
402, 435, 436, 449, 450 and 457 to 460 (both inclusive) ;
(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-
(a) who has been concerned in any cognizable offence, or
against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable
suspicion exists, of his having been so concerned; or
(b) who has in his possession without lawful excuse, the
burden of proving which excuse shall lie on such person, any
implement of house-breaking; or
(c) who has been proclaimed as an offender either under
this Code or by order of the State Government; or
(d) in whose possession anything is found which may
reasonably be suspected to be stolen property and who may
reasonably be suspected of having committed an offence with
reference to such thing; or
(e) who obstructs a police officer while in the execution
of his duty, or who has escaped, or attempts to escape, from
lawful custody ; or
(f) who is reasonably suspected of being a deserter from
any of the Armed Forces of the Union; or
832
(g) who has been concerned in, or against whom a reasonable
complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having
been concerned in, any act committed at any place out of
India which, if committed in India, would have been
punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any
rule made under sub-section (5) of section 356; or
(i) for whose arrest any requisition, whether written or
oral, has been received from another police officer, provided
that the requisition specifies the person to be arrested and
the offence or other cause for which the arrest is to be made
and it appears therefrom that the person might lawfully be
arrested without a warrant by the officer who issued the
requisition.
(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.
(2) When the true name and residence of such person have been
ascertained he shall be released on his executing a bond, with or
without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall
be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be
ascertained within twenty-four hours from the time of arrest or
should he fail to execute the bond, or, if so required, to furnish
sufficient sureties. he shall forthwith be forwarded to the nearest
Magistrate having jurisdiction.
833
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 any
proclaimed 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.
(2) If there is reason to believe that such person comes under
the provisions of section 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-
cognizable offence, and he refuses on the demand of a police officer
to give his name and residence, or gives a name or residence which
such officer has reason to believe to be false, he shall be dealt with
under the provisions of section 42 ; but if there is no sufficient
reason to believe that he has committed any offence, he shall be at
once released.
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 any
time 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 (both
inclusive), 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.
834
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 police
officer 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 any
outer 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 police
officer shall, before entering such apartment, give notice to such
female that she is at liberty to withdraw and shall afford her every
reasonable 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, having
lawfully entered for the purpose of making an arrest, is detained
therein.
48.
Pursuit of offenders into other jurisdictions.
48. Pursuit of offenders into other jurisdictions. A police
officer may, for the purpose of arresting without warrant any person
whom he is authorised to arrest, pursue such person into any place in
India.
835
49.
No unnecessary restraint.
49. No unnecessary restraint. The person arrested shall not be
subjected to more restraint than is necessary to prevent his escape.
50.
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 grounds
for 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 provide
for 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 person
arrested, 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 receipt
showing 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.
52. Power to size offensive weapons. The officer or other
person making any arrest under this Code may take from the person
arrested any offensive weapons which he has about his person, and
shall deliver all weapons so taken to the Court or officer before
which or whom the officer or person making the arrest is required by
this Code to produce the person arrested.
53.
Examination of accused by medical practitioner at the request ofpolice
officer.
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 grounds
for 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,
836
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, "registered
medical 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 the
arrested person.
54. Examination of arrested person by medical practitioner at
the request of the arrested person. When a person who is arrested,
whether on a charge or otherwise alleges, at the time when he is
produced before a Magistrate or at any time during the period of his
detention in custody that the examination of his body will afford
evidence which will disprove the commission by him of any offence or
which will establish the commission by any other person of any offence
against his body, the Magistrate shall, if requested by the arrested
person so to do direct the examination of the body of such person by a
registered medical practitioner unless the Magistrate considers that
the request is made for the purpose of vexation or delay or for
defeating the ends of justice.
55.
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 required
to 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 ofpolice
station.
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
837
bail, take or send the person arrested before a Magistrate having
jurisdiction in the case, or before the officer in charge of a police
station.
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.
58. Police to report apprehensions. Officers in charge of police
stations shall report to the District Magistrate, or, if he so
directs, to the Sub-divisional Magistrate, the cases of all persons
arrested without warrant, within the limits of their respective
stations, whether such persons have been admitted to bail or
otherwise.
59.
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 any
place 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 acting
under 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,
838
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 may
make in this behalf, by an officer of the Court issuing it or other
public servant.
(2) The summons shall, if practicable, be served personally on
the person summoned, by delivering or tendering to him one of the
duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so
required by the serving officer, sign a receipt therefor on the back
of the other duplicate.
63.
Service of summons on corporate bodies and societies.
63. Service of summons on corporate bodies and societies.
Service of a summons on a corporation may be effected by serving it on
the secretary, local manager or other principal officer of the
corporation, or by letter sent by registered post, addressed to the
chief officer of the corporation in India, in which case the service
shall be deemed to have been effected when the letter would arrive in
ordinary course of post.
Explanation.-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).
64.
Service when persons summoned cannot be found.
64. Service when persons summoned cannot be found. Where the
person summoned cannot, by the exercise of due diligence, be found,
the summons may be served by leaving one of the duplicates for him
with some adult male member of his family residing with him, and the
person with whom the summons is so left shall, if so required by the
serving officer, sign a receipt therefor on the back of the other
duplicate.
Explanation.-A servant is not a member of the family within the
meaning of this section.
65.
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
839
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 employee
that 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.
840
(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.
(2) The endorsement shall state-
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the
warrant is issued, are to be respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer
to whom the warrant is directed shall forward the bond to the Court.
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.
(2) Such person shall acknowledge in writing the receipt of the
warrant, and shall execute it if the person for whose arrest it was
issued, is in, or enters on, any land or other property under his
charge.
(3) When the person against whom such warrant is issued is
arrested, he shall be made over with the warrant to the nearest police
officer, who shall cause him to be taken before a Magistrate having
jurisdiction in the case, unless security is taken under section 71.
841
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.
842
(2) Such Magistrate or police officer shall endorse his name
thereon and such endorsement shall be sufficient authority to the
police officer to whom the warrant is directed to execute the same,
and the local police shall, if so required, assist such officer in
executing such warrant.
(3) Whenever there is reason to believe that the delay
occasioned by obtaining the endorsement of the Magistrate or police
officer within whose local jurisdiction the warrant is to be executed
will prevent such execution, the police officer to whom it is directed
may execute the same without such endorsement in any place beyond the
local jurisdiction of the Court which issued it.
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,
843
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 any
person 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: -
(i) (a) it shall be publicly read in some conspicuous place
of the town or village in which such person ordinarily
resides;
(b) it shall be affixed to some conspicuous part of the
house or homestead in which such person ordinarily resides or
to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part
of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of
the proclamation to be published in a daily newspaper
circulating in the place in which such person ordinarily
resides.
(3) A statement in writing by the Court issuing the proclamation
to the effect that the proclamation was duly published on a specified
day, 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,-
(a) is about to dispose of the whole or any part of his
property, or
(b) is about to remove, the whole or any part of his
property from the local jurisdiction of the Court,
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
844
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-
(a) by seizure ; or
(b) by the appointment of a receiver ; or
(c) by an order in writing prohibiting the delivery of such
property to the proclaimed person or to any one on his behalf
; or
(d) by all or any two of such methods, as the Court thinks
fit.
(4) If the property ordered to be attached is immovable, the
attachment under this section shall, in the case of land paying
revenue to the State Government, be made through the Collector of the
district which the land is situate, and in all other cases-
(a) by taking possession ; or
(b) by the appointment of a receiver ; or
(c) by an order in writing prohibiting the payment of rent on
delivery of property to the proclaimed person or to any one
on his behalf ; or
(d) by all or any two of such methods, as the Court thinks
fit.
(5) If the property ordered to be attached consists of live-
stock or is of a perishable nature, the Court may, if it thinks it
expedient, order immediate sale thereof, and in such case the proceeds
of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed
under this section shall be the same as those of a receiver appointed
under the Code of Civil Procedure, 1908 (5 of 1908).
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 property
attached 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.
845
(2) Claims or objections under sub-section (1) may be preferred
or made in the Court by which the order of attachment is issued, or,
if the claim or objection is in respect of property attached under an
order endorsed under sub-section (2) of section 83, in the Court of
the Chief Judicial Magistrate of the district in which the attachment
is made.
(3) Every such claim or objection shall be inquired into by the
Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of a Chief
Judicial Magistrate, he may make it over for disposal to any
Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in
whole or in part by an order under sub-section (1) may, within a
period of one year from the date of such order, institute a suit to
establish the right which he claims in respect of the property in
dispute ; but subject to the result of such suit, if any, the order
shall be conclusive.
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 property
from the attachment.
(2) If the proclaimed person does not appear within the time
specified in the proclamation, the property under the attachment shall
be at the disposal of the State Government; but it shall not be sold
until the expiration of six months from the date of the attachment and
until any claim preferred or objection made under section 84 has been
disposed under that section, unless it is subject to speedy and
natural decay, or the Court considers that the sale would be for the
benefit of the owner ; in either of which cases the Court may cause
it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any
person whose property is or has been at the disposal of the State
Government, under sub-section (2), appears voluntarily or is
apprehended and brought before the Court by whose order the property
was attached, or the Court to which such Court is subordinate, and
proves to the satisfaction of such Court that he did not abscond or
conceal himself for the purpose of avoiding execution of the warrant,
and that he had not such notice of the proclamation as to enable him
to attend within the time specified therein, such property, or, if
the same has been sold, the net proceeds of the sale, or, if part only
thereof has been sold, the net proceeds of the sale and the
846
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-
(a) if, either before the issue of such summons, or after
the issue of the same but before the time fixed for his
appearance, the Court sees reason to believe that he has
absconded or will not obey the summons ; or
(b) if at such time he fails to appear and the summons is
proved to have been duly served in time to admit of his
appearing in accordance therewith and no reasonable excuse is
offered for such failure.
88.
Power to take bond for appearance.
88.Power to take bond for appearance. When any person for whose
appearance or arrest the officer presiding in any Court is empowered
to issue a summons or warrant, is present in such Court, such officer
may require such person to execute a bond, with or without sureties,
for his appearance in such Court, or any other Court to which the case
may be transferred for trial.
89.
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 Chapter
relating 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.
847
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-
(a) to affect sections 123 and 124 of the Indian Evidence
Act, 1872 (1 of 1872), or the Bankers' Books Evidence Act,
1891 (13 of 1891) or
(b) to apply to a letter, postcard, telegram or other
document or any parcel or thing in the custody of the postal
or telegraph authority.
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 any
investigation, inquiry, trial or other proceeding under this Code,
such Magistrate or Court may require the postal or telegraph
authority, 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 any
Commissioner of Police or District Superintendent of Police, wanted
for any such purpose, he may require the postal or telegraph
authority, 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).
848
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
(b) where such document or thing is not known to the Court to
be the possession of any person, or
(c) where the Court considers that the purposes of any
inquiry, trial or other proceeding under this Code will be
served by a general search or inspection,
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 any
Magistrate 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, forged
documents, 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 search the same in the manner specified in the
warrant,
(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 applies
are-
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal
Tokens Act, 1889 (1 of 1889), or brought into India in
contravention of any notification for the time being in force
under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(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-
(a) any newspaper, or book, or
(b) any document,
wherever printed, appears to the State Government to contain any
matter 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 copy
of the issue of the newspaper containing such matter, and every copy
of 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.
850
(2) In this section and in section 96,-
(a) "newspaper" and "book" have the same meaning as in the
Press and Registration of Books Act, 1867 (25 of 1867);
(b) "document" includes any painting, drawing or
photograph, or other visible representation.
(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.
(2) Every such application shall, where the High Court consists
of three or more Judges, be heard and determined by a Special Bench of
the High Court composed of three Judges and where the High Court
consists of less than three Judges, such Special Bench shall be
composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any
newspaper, any copy of such newspaper may be given in evidence in aid
of the proof of the nature or tendency of the words, signs or visible
representations contained in such newspaper, in respect of which the
declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue
of the newspaper, or the book or other document, in respect of which
the application has been made, contained any such matter as is
referred to in sub-section (1) of section 95, set aside the
declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges
forming the Special Bench, the decision shall be in accordance with
the opinion of the majority of those Judges.
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
851
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. Upon
complaint 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.
(2) If ingress into such place cannot be so obtained, the
officer or other person executing the warrant may proceed in the
manner provided by sub-section (2) of section 47.
(3) Where any person in or about such place is reasonably
suspected of concealing about his person any article for which search
should be made, such person may be searched and if such person is a
woman, the search shall be made by another woman with strict regard
to decency.
(4) Before making a search under this Chapter, the officer or
other person about to make it shall call upon two or more
independent and respectable inhabitants of the locality in which the
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
852
witness the search and may issue an order in writing to them or any of
them so to do.
(5) The search shall be made in their presence, and a list of
all things seized in the course of such search and of the places in
which they are respectively found shall be prepared by such officer or
other person and signed by such witnesses; but no person witnessing a
search under this section shall be required to attend the Court as a
witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his
behalf, shall, in every instance, be permitted to attend during the
search. and a copy of the list prepared under this section, signed by
the said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of
all things taken possession of shall be prepared, and a copy thereof
shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or
neglects to attend and witness a search under this section, when
called upon to do so by an order in writing delivered or tendered to
him, shall be deemed to have committed an offence under section 187 of
the Indian Penal Code (45 of 1860).
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) Any
police 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.
853
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.
104. Power to impound document, etc., produced.
Any Court may, if it thinks fit, impound any document or
thing produced before it under this Code.
105.
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-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and
produce a document or other thing, or to produce it, or
(d) a search-warrant,
2*issued by it shall be served or executed at any place,-
(i) within the local jurisdiction of a Court in any
State or area in India outside the said territories,
it may send such summons or warrant in duplicate by
post or otherwise, to the presiding officer of that
Court to be served or executed; and where any summons
referred to in clause (a) or clause (c) has been so
served, the provisions of section 68 shall apply in
relation to such summons as if the presiding officer of
the Court to whom it is sent were a Magistrate in the
said territories;
(ii) in any country or place outside India in respect
of which arrangements have been made by the Central
Government with the Government of such country or place
for service or execution of summons or warrant in
relation to criminal matters (hereafter in this section
referred to as the contracting State), it may send such
summons or warrant in duplicate in such form, directed
to such Court, Judge or Magistrate, and sent to such
authority for transmission, as the Central Government
may, by notification, specify in this behalf.
(2) Where a Court in the said territories has received for service or
execution-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
-------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).
2 Subs. by Act 32 of 1988, S. 2.
-------------------------------------------------------------------
854
(c) a summons to any person requiring him to attend and
produce a document or other thing or to produce it, or
(d) a search-warrant,
1*issued by--
(I) a Court is any State or area in India outside the said
territories;
(II) a Court, Judge or Magistrate in a contracting State,
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
territories for service or execution within its local
jurisdiction ; and where-
(i) a warrant of arrest has been executed, the person
arrested shall, so far as possible, be dealt with in
accordance with procedure prescribed by sections 80 and 81,
(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-
(a) any offence punishable under Chapter VIII of the Indian
Penal Code (45 of 1860), other than an offence punishable
under section 153A or section 153B or section 154 thereof ;
(b) any offence which consists of, or includes, assault or
using criminal force or committing mischief;
(c) any offence of criminal intimidation ;
(d) any other offence which caused, or was intended or
known to be likely to cause, a breach of the peace.
(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,-
(a) "contracting State" means any country or place outside
India in respect of which arrangements have been made by the
Central Government with the Government of such country
through a treaty or otherwise;
(b) "identifying" includes establishment of a proof that
the property was derived from, or used in the commission of
an offence;
(c) "proceeds of crime" means any property derived or,
obtained directly or indirectly, by any person as a result
of criminal activity (including crime involving currency
transfers) or the value of any such property;
(d) "property" means Property and sets of every descrip-
tion whether corporeal or incorporeal, movable or immovable,
tangible or intangible and deeds and instruments evidencing
title to, or interest in, such property or assets derived or
used in the commission of an offence and includes property
obtained through proceeds of crime;
(e) "tracing" mean determining the nature, source, dispo-
sition, movement, title or ownership of property.
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.
(2) Notwithstanding anything contained in this Code, if, in the
course of an investigation or any inquiry into an offence, an appli-
cation is made by the investigating officer or any officer superior in
rank to the investigating officer that the attendance of a person who
is in any place in a contracting State is required in collection with
such investigation or inquiry and the Court ,is satisfied that such
attendance is so required, it shall issue a summons or warrant, in
duplicate, against the said person to such Court, Judge or Magistrate,
in such form as the Central Government may, by notification, specify
in this behalf, to cause the same to be observed or executed.
(3) Where a Court in India, in relation to a criminal matter,
has received a warrant for arrest of any person requiring him to
attend or attend and produce a document or other thing in that Court
or before any other investigating agency, issued by a Court, Judge or
Magistrate in a contracting State, the same shall be executed as if
it is the warrant received by it from another Court in India for
execution within its local limits.
(4) Where a person transferred to a contracting State pursuant
to sub-section (3) is a prisoner in India, the Court in India or the
Central Government may impose such conditions as that Court or
Government deems fit.
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 prisoner
shall 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 request
to 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 request
under 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.
(2) The steps referred to in sub-section (1) may include any
inquiry investigation or survey in respect of any person, place,
property, assets, documents, books of account in any bank or public
financial institutions or any other relevant matters.
(3) Any inquiry investigation or survey referred to in sub-
section (2) shall be carried out by an officer mentioned in sub-
section (1) in accordance with such directions issued by the said
Court in this behalf.
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 disposal
of 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 thirty
days specified in the notice to indicate the source of income,
earnings or assets, ot of wceich or by means of which be has acquired
such 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 specifies
any 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 through
any 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 person
affected to pay, in lieu of forfeiture, a fine equal to the market
value of such part.
(2) Before making an order imposing a fine under sub-section
(1), the person affected shall be given a reasonable opportunity of
being heard.
(3) Where the person affected pays the fine due under
sub-section (1), within such time as may be allowed in that behalf,
the Court may, by order, revoke the declaration of forfeiture under
section 105H and thereupon such property shall stand released.
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.]
855
(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 peace
or 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 keeping
the peace for such period, not exceeding one year, as the Magistrate
thinks fit.
(2) Proceedings under this section may be taken before any
Executive 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 infor-
mation 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, publicly
exhibits or in any other manner puts into circulation any
obscene 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).
----------------------------------------------------------------------
856
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-
(a) is by habit a robber, house-breaker, thief, or forger,
or,
(b) is by habit a receiver of stolen property knowing the
same to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the
concealment or disposal of stolen property, or
(d) habitually commits, or attempts to commit, or abets the
commission of, the offence of kidnapping, abduction,
extortion, cheating or mischief, or any offence punishable
under Chapter XII of the Indian Penal Code (45 of 1860), or
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).
-----------------------------------------------------------------------
857
(f) habitually commits, or attempts to commit, or abets the
commission of-
(i) any offence under one or more of the following.
Acts, namely : -
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);
1*[(b) the Foreign Exchange Regulation Act, 1973] (46 of
1973);
(c) the Employees' Provident Funds 2*[and Family
Pension Fund] Act, 1952; -- of 1952.
(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).
--------------------------------------------------------------------
858
113.
Summons or warrant in case of person not so present.
113. Summons or warrant in case of person not so present. If such
person is not present in Court, the Magistrate shall issue in a
summons requiring him to appear, or, when such person is in custody, a
warrant directing the officer in whose custody he is to bring him
before the Court :
Provided that whenever it appears to such Magistrate, upon the
report of a police officer or upon other information (the substance of
which report or information shall be recorded by the Magistrate), that
there is reason to fear the commission of a breach of the peace, and
that such breach of the peace cannot be prevented otherwise than by
the immediate arrest of such person, the Magistrate may at any time
issue a warrant for his arrest.
114.
Copy of order to accompany summons or warrant.
114. Copy of order to accompany summons or warrant. Every summons
or warrant issued under section 113 shall be accompanied by a copy
of the order made under section 111, and such copy shall be delivered
by the officer serving or executing such summons or warrant to the
person served with, or arrested under, the same.
115.
Power to dispense with personal attendance.
115.Power to dispense with personal attendance. The Magistrate
may, if he sees sufficient cause, dispense with the personal
attendance 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 person
present 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
859
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-
(a) no person against whom proceedings are not being taken
under section 108, section 109, or section 110 shall be
directed to execute a bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount
thereof or as to the provision of sureties or the number
thereof or the pecuniary extent of their liability, shall not
be more onerous than those specified in the order under
section 111.
(4) For the purposes of this section the fact that a person is
an habitual offender or is so desperate and dangerous as to render his
being at large without security hazardous to the community may be
proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in
the matter under inquiry, they may be dealt with in the same or
separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a
period of six months from the date of its commencement, and if such
inquiry is not so completed, the proceedings under this Chapter shall,
on the expiry of the said period, stand terminated unless, for
special reasons to be recorded in writing, the Magistrate otherwise
directs :
Provided that where any person has been kept in detention pending
such inquiry, the proceeding against that person, unless terminated
earlier, shall stand terminated on the expiry of a period of six
months of such detention.
(7) Where any direction is made under sub-section (6) permitting
the continuance of proceedings, the Sessions Judge may, on an
application made to him by the aggrieved party, vacate such direction
if he is satisfied that it was not based on any special reason or
was perverse.
117.
Order to give security.
117.Order to give security. If, upon such inquiry, it is 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 with or without sureties, the
with Magistrate shall make an order accordingly:
860
Provided that-
(a) no person shall be ordered to give security of a nature
different from, or of an amount larger than, or for a period
longer than, that specified in the order made under section
111 ;
(b) the amount of every bond shall be fixed with due regard
to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made
is a minor, the bond shall be executed only by his sureties.
118.
Discharge of person informed against.
118.Discharge of person informed against. If, on an inquiry
under 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 period
for 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 person
shall 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.
861
(2) Such Magistrate shall, before holding the inquiry, give
reasonable notice to the surety and to the person by whom the surety
was offered and shall, in making the inquiry, record the substance of
the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the
evidence so adduced either before him or before a Magistrate deputed
under sub section (1), and the report of such Magistrate (if any),
that the surety is an unfit person for the purposes of the bond, he
shall make an order refusing to accept or rejecting, as the case may
be, such surety and recording his reasons for so doing :
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 person
ordered 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.
(b) If any person after having executed a bond without sureties
for keeping the peace in pursuance of an order of a Magistrate
under section 117, is proved, to the satisfaction of such
Magistrate or his successor-in-office, to have committed breach of
the bond, such Magistrate or successor- in--office may, after
recording the grounds of such proof, order that the person be arrested
and detained in prison until the expiry of the period of the bond and
such order shall be without prejudice to any other punishment or
forfeiture to which the said person may be liable in accordance with
law.
(2) When such person has been ordered by a Magistrate to give
security for a period exceeding one year, such Magistrate shall, if
such person does not give such security as aforesaid, issue a warrant
directing him to be detained in prison pending the orders of the
Sessions Judge and the proceedings shall be laid, as soon as
conveniently may be, before such Court.
862
(3) Such Court, after examining such proceedings and requiring
from the Magistrate any further information or evidence which it
thinks necessary, and after giving the concerned person a reasonable
opportunity of being heard, may pass such order on the case as it
thinks fit :
Provided that the period (if any) for which any person is
imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same
proceeding 'from two or more persons in respect of any one of whom the
proceedings are referred to the Sessions Judge under sub-section (2),
such reference shall also include the case of any other of such
persons who has been ordered to give security, and the provisions of
sub-sections (2) and (3) shall, in that event, apply to the case of
such other person also, except that the period (if any) for which he
may be imprisoned, shall not exceed the period for which he was
ordered to give security.
(5) A Sessions Judge may in his discretion transfer any
proceedings laid before him under sub-section (2) or sub-section (4)
to an Additional Sessions Judge or Assistant Sessions Judge and upon
such transfer, such Additional Sessions Judge or Assistant Sessions
Judge may exercise the powers of a Sessions Judge under this section
in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the
jail, he shall forthwith refer the matter to the Court or Magistrate
who made the order, and shall await the orders of such Court or
Magistrate.
(7) Imprisonment for failure to give security for keeping the
peace shall be simple.
(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 give
security. (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 may
be 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
(2) Whenever any person has been imprisoned for failing to give
security under this Chapter, the High Court or Court of Session, or,
where the order was made by any other Court, the 1*[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], may make an order reducing the amount of the security or the
number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of
such person either without conditions or upon any conditions which
such person accepts :
Provided that any condition imposed shall cease to be operative
when the period for which such person was ordered to give security has
expired.
(4) The State Government may prescribe the conditions upon which
a conditional discharge may be made.
(5) If any condition upon which any person has been discharged
is, in the opinion of the 1*[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] by whom the order of
discharge was made or of his successor, not fulfilled, he may cancel
the same.
(6) When a conditional order of discharge has been cancelled
under sub-section (5), such person may be arrested by any police
officer without warrant, and shall thereupon be produced before the
1*[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].
(7)such person gives security in accordance with the terms of the
original order for the unexpired, portion of the term for which he was
in the first instance committed or ordered to be detained (such
portion being deemed to be a period equal to the period between the
date of the breach of the conditions of discharge and the date on
which, except for such conditional discharge, he would have been
entitled to release), the 1[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] may remand such person to
prison to undergo such unexpired portion.
(8) A person remanded to prison under sub-section (7) shall,
Subject to the provisions of section 122, be released at any time on
giving security in accordance with the terms of the original order for
the unexpired
----------------------------------------------------------------------
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.
(9) The High Court or Court of Session may at any time, for
sufficient reasons to be recorded in writing, cancel any bond for
keeping the peace or for good behaviour executed under this Chapter by
any order made by and the 1[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] may make such
cancellation where such bond was executed under his order or under the
order of: any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of
another person ordered to execute a bond under this Chapter may at any
time apply to the Court making such order to cancel the bond and on
such application being made, the Court shall issue a summons or
warrant, as it thinks fit, requiring the person for whom such surety
is bound to appear or to be brought before it.
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 original
security.
(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-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether
married or not, unable to maintain itself, or
-----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate"
(w.e.f, 18-12-1978).
------------------------------------------------------------------------
865
(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,-
(a) "minor" means a person who, under the provisions of the
Indian Majority Act, 1875 (9 of 1875); is deemed not to have
attained his majority;
(b) "wife" includes a woman who has been divorced by, or
has obtained a divorce from, her husband and has not
remarried.
(2) Such allowance shall be payable from the date of the order,
or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to
comply with the order, any such Magistrate may, for every breach of
the order, issue a warrant for levying the amount due in the manner
provided for levying fines, and may sentence such person, for the
whole or any part of each month's allowances remaining unpaid after
the execution of the warrant, to imprisonment for a term which may
extend to one month or until payment if sooner made:
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
866
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.
(4) No Wife shall be entitled to receive an allowance from her
husband under this section if she is living in adultery, or if,
without any sufficient reason, she refuses to live with her husband,
or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been
made under this section is living in adultery, or that without
sufficient reason she refuses to live with her husband, or that they
are living separately by mutual consent, the Magistrate shall cancel
the order.
126.
Procedure.
126.Procedure. (1) Proceedings under section 125 may be taken
against any person in any district-
(a) where he is, or
(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may
be, with the mother of the illegitimate child.
(2) All evidence in such proceedings shall be taken in the
presence of the person against whom an order for payment of
maintenance is proceed to be made, or, when his personal attendance
is dispensed with, in the presence of his pleader, and shall be
recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person
against whom an order for payment of maintenance is proposed to be
made is wilfully avoiding service, or wilfully neglecting to attend
the Court, the Magistrate may proceed to hear and determine the case
ex parte and any order so made may be set aside for good cause shown
on an application made within three months from the date thereof
subject to such terms including terms at to payment of costs to the
opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125
shall have power to make such order as to costs as may be just.
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.
(2) Where it appears to the Magistrate that, in consequence of
any decision of a competent Civil Court, any order made under section
125 should be cancelled or varied, he shall cancel the order or, as
the case may be, vary the same accordingly.
(3) Where any order has been made under section 125 in favour of
a woman who has been divorced by, or has obtained a divorce from, her
husband, the Magistrate shall, if he is satisfied that-
(a) the woman has, after the date of such divorce,
remarried, cancel such order as from the date of her
remarriage;
(b) the woman has been divorced by her husband and that she
has received, whether before or after the date of the said
order, the whole of the sum which, under any customary or
personal law applicable to the parties, was payable on such
divorce, cancel such order,-
(i) in the case where, such sum was paid before such
order, from the date on Which such order was made,
(ii) in any other case, from the date of expiry of the
period, if any, for which maintenance has been actually
paid by the husband by the woman;
(c) the woman has obtained a divorce from her husband and
that she had voluntarily surrendered her rights to
maintenance after her divorce, cancel the order from the date
thereof.
(4) At the time of making any decree for the recovery of any
maintenance or dowry by any person, to whom a monthly allowance has
been ordered to be paid under section 125, the Civil Court shall
take into account the sum which has been paid to, or recovered by,
such person as monthly allowance in pursuance of the said order.
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
868
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) Any
executive 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.
(2) Such Magistrate may require any officer in command of any
group of persons belonging to the armed forces to disperse the
assembly with the help of the armed forces under his command, and to
arrest and confine such persons forming part of it as the Magistrate
may direct, or as it may be necessary to arrest and confine in order
to disperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such
requisition in such manner as he thinks fit, but in so doing he shall
use as little force,
869
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-
(a) with the sanction of the Central Government where such
person is an officer or member of the armed forces ;
(b) with the sanction of the State Government in any other
case.
(2) (a) No Executive Magistrate or police officer acting under any of
the said sections in good faith ;
(b) no person doing any act in good faith in compliance
with a requisition under section 129 or section 130 ;
(c) no officer of the armed forces acting under section 131
in good faith ;
(d) no member of the armed forces doing any act in
obedience to any order which he was bound to obey;
shall be deemed to have thereby committed an offence.
(3) In this section and in the preceding sections of this
Chapter,-
(a) the expression "armed forces" means the military, naval
and air forces, operating as land forces and includes any
other Armed Forces of the Union so operating;
(b) "officer", in relation to the armed forces, means a
person commissioned, gazetted or in pay as an officer of the
armed forces and includes a junior commissioned officer, a
warrant
870
officer, a petty officer, a non-commissioned officer and a
non-gazetted officer;
(c) "member", in relation to the armed forces, means a
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-
(a) that any unlawful obstruction or nuisance should be
removed from any public place or from any way, river or
channel which is or may be lawfully used by the public ; or
(b) that the conduct of any trade or occupation, or the
keeping of any goods or merchandise, is injurious to the
health or physical comfort of the community, and that in
consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or
the keeping thereof regulated ; or
(c) that the construction of any building, or, the disposal
of any substance, as is likely to occasion configuration or
explosion, should be prevented or stopped ; or
(d) that any building, tent or structure, or any tree is in
such a condition that it is likely to fall and thereby cause
injury to persons living or carrying on business in the
neighbourhood or passing by, and that in consequence the
removal, repair or support of such building, tent or
structure, or the removal or support of such tree, is
necessary ; or
(e) that any tank, well or excavation adjacent to any such
way or public place should be fenced in such manner as to
prevent danger arising to the public ; or
(f) that any dangerous animal should be destroyed, confined
or otherwise disposed of,
such Magistrate may make a conditional order requiring the person
causing such obstruction or nuisance, or carrying on such trade or
occupa-
871
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-
(i) to remove such obstruction or nuisance ; or
(ii) to desist from carrying on, or to remove or regulate in
such manner as may be directed, such trade or occupation, or
to remove such goods or merchandise, or to regulate the
keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building,
or to alter the disposal of such substance ; or
(iv) to remove, repair or support such building, tent or
structure, or to remove or support such trees ; or
(v) to fence such tank, well or excavation ; or
(vi) to destroy, confine or dispose of such dangerous animal
in the manner provided in the said order;
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,
872
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-
(a) perform, within the time and in the manner specified in
the order, the act directed thereby ; or
(b) appear in accordance with such order and show cause
against the same.
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.
(2) If in such inquiry the Magistrate finds that there is any
reliable evidence in support of such denial, he shall stay the
proceedings until the matter of the existence of such right has been
decided by a competent Court ; and, if he finds that there is no such
evidence, he shall proceed as laid down in section 138.
(3) A person who has, on being questioned by the Magistrate
under sub-section (1), failed to deny the existence of a public right
of the nature therein referred to, or who, having made such denial,
has failed to adduce reliable evidence in support thereof, shall not
in the subsequent proceedings be permitted to make any such denial.
138.
Procedure where he appears to show cause.
138.Procedure where he appears to show cause. (1) If the person
against 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.
(2) If the Magistrate is satisfied that the order, either as
originally made or subject to such modification as he considers
necessary, is reasonable and proper, the order shall be made absolute
without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further
proceedings shall be taken in the 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-
(a) direct a local investigation to be made by such person
as he thinks fit ; or
(b) summon and examine an expert.
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-
(a) furnish such person with such written instructions as
may seem necessary for his guidance ;
(b) declare by whom the whole or any part of the necessary
expenses of the local investigation shall be paid.
(2) The report of such person may be read as evidence in the
case.
(3) Where the Magistrate summons and examines an expert under
section 139, the Magistrate may direct by whom the costs of such
summoning and examination shall be paid.
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).
(2) If such act is not performed within the time fixed, the
Magistrate may cause it to be performed, and may recover the costs of
performing it, either by the sale of any building, goods or other
property removed by his order, or by the distress and sale of any
other movable property of such person within or without such
Magistrate's local jurisdiction and if such other property is without
such jurisdiction, the order shall authorise its attachment and sale
when endorsed by the Magistrate within whose local jurisdiction the
property to be attached is found.
(3) No suit shall lie in respect of anything done in good faith
under this section.
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
874
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 any
other 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 person
lawfully 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.
875
(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 may
be, shall afford to the applicant an early opportunity of appearing
before 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 likely
to 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 specified
date and time, and to put in written statements of their respective
claims as respects the fact of actual possession of the subject of
dispute.
876
(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 required
to 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).
877
(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 persons
claiming 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 any
time 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-
(a) shall order the receiver appointed by him to hand over
the possession of the subject of dispute to the receiver
appointed by the Civil Court and shall thereafter discharge
the receiver appointed by him;
(b) may make such other incidental or consequential orders
as may be just.
147.
Dispute concerning right of use of land or water.
147. Dispute concerning right of use of land or water.
(1) Whenever an Executive Magistrate is satisfied from the report of a
police officer or upon other information, that a dispute likely to
cause a breach of the peace exists regarding any alleged right of user
of any land or water within his local jurisdiction, whether such right
be claimed as an easement or otherwise, 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 specified date and time and to put in written
statements of their respective claims.
Explanation.-The expression "land or water" has the meaning given
to it in sub-section (2) of section 145.
(2) The Magistrate shall then peruse the statements so put in,
hear the parties, receive all such, evidence as may be produced by
them respectively, consider the effect of such evidence, take such
further evidence, if any, as he thinks necessary and, if possible,
decide whether such right exists ; and the provisions of section 145
shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he
may make an order prohibiting any interference with the exercise of
such right, including, in a proper case, an order for the removal of
any obstruction in the exercise of any such right:
Provided that no such order shall be made where the right is
exercisable at all times of the year, unless such right has been
exercised within three months next before the receipt under sub-
section (1) of the report of a police officer or other information
leading to the institution of the inquiry, or where the right is
exercisable only at particular seasons or on particular occasions,
unless the right has been exercised during the last of such a seasons
or on the last of such occasions before such receipt.
879
(4) When in any proceedings commenced under sub-section (1) of
section 145 the Magistrate finds that the dispute is as regards an
alleged right of user of land or water, he may, after recording his
reasons, continue with the proceedings as if they had been commenced
under subsection (1) ;
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.
(2) The report of the person so deputed may be read as evidence
in the case.
(3) When any costs have been incurred by any party to a
proceeding under section 145, section 146, or section 147, the
Magistrate passing a decision may direct by whom such costs shall be
paid, whether by such party or by any other party to the proceeding,
and whether in whole or in part or proportion and such costs may
include any expenses incurred in respect of witnesses and of pleaders'
fees, which the Court may consider reasonable.
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. Every
police officer receiving information of a design to commit any
cognizable 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.
880
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.
(2) A copy of the information as recorded under sub-section (1)
shall be given forthwith, free of cost, to the informant.
881
(3) Any person aggrieved by a refusal on the part of an officer
in charge of a police station to record the information referred to
in subsection (1) may send the substance of such information, in
writing and by post, to the Superintendent of Police concerned who, if
satisfied that such information discloses the commission of a
cognizable offence, shall either investigate the case himself or
direct an investigation to be made by any police officer subordinate
to him, in the manner provided by this Code, and such officer shall
have all the powers of an officer in charge of the police station in
relation to that offence.
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.
(2) No police officer shall investigate a non-cognizable case
without the order of a Magistrate having power to try such case or
commit the case for trial.
(3) Any police officer receiving such order may exercise the
same powers in respect of the investigation (except the power to
arrest without warrant) as an officer in charge of a police station
may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at
least one is cognizable, the case shall be deemed to be a cognizable
case, notwithstanding that the other offences are non-cognizable.
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 having
jurisdiction 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.
882
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
the case, and, if necessary, to take measures for the discovery and
arrest of the offender;
Provided that-
(a) when information as to the commission of any such
offence is given against any person by name and the case is
not of a serious nature, the officer in charge of a police
station 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 receiving
such report, may direct an investigation, or, if he thinks fit, at
once proceed, or depute any Magistrate
883
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 special
order, 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
884
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 having
regard 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 any
caution or otherwise, any person from making in the course of any
investigation 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 any
other 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.
885
(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 may
make 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".
(5) Any statement (other than a confession) made under sub-
section (1) shall be recorded in such manner hereinafter provided for
the recording of evidence as is, in the opinion of the Magistrate,
best fitted to the circumstances of the case ; and the Magistrate
shall have power to administer oath to the person whose statement is
so recorded.
(6) The Magistrate recording a confession or statement under
this section shall forward it to the Magistrate by whom the case is to
be inquired into or tried.
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
886
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.
(2) A police officer proceeding under sub-section (1), shall, if
practicable, conduct the search in person.
(3) If he is unable to conduct the search in person, and there
is no other person competent to make the search present at the time,
he may, after recording in writing his reasons for so doing, require
any officer subordinate to him to make the search, and he shall
deliver to such subordinate officer an order in writing, specifying
the place to be searched, and so far as possible, the thing for which
search is to be made; and such subordinate officer may thereupon
search for such thing in such place.
(4) The provisions of this Code as to search-warrants and the
general provisions as to searches contained in section 100 shall, so
far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-
section (3) shall forthwith be sent to the nearest Magistrate
empowered to take cognizance of the offence, and the owner or occupier
of the place searched shall, on application, be furnished, free of
cost, with a copy of the same by the Magistrate.
166.
When officer in charge of police station may require an other to issuesearch
warrant.
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 or
a police officer not being below the rank of sub-inspector making an
investigation may require an officer in charge of another police
station, 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.
(2) Such officer, on being so required, shall proceed according
to the provisions of section 165, and shall forward the thing found,
if any, to the officer at whose request the search was made.
(3) Whenever there is reason to believe that the delay
occasioned by requiring an officer in charge of another police station
to cause a search to be made under sub-section (1) might result in
evidence of the commission of an offence being concealed or destroyed,
it shall be lawful for an officer in charge of a police station or a
police officer making any investigation under this Chapter to search,
or cause to be searched, any place in the limits of another police
station in accordance with the provi-
887
sions of section 165, as if such place were within the limits of his
own police station.
(4) Any officer conducting a search under sub-section (3) shall
forthwith send notice of the search to the officer in charge of the
police station within the limits of which such place is situate, and
shall also send with such notice a copy of the list (if any) prepared
under section 100, and shall also send to the nearest Magistrate
empowered to take cognizance of the offence, copies of the records
referred to in sub-sections (1) and (3) of section 165.
(5) The owner or occupier of the place searched shall, on
application, be furnished free of cost with a copy of any record sent
to the Magistrate under sub-section (4).
166A
Letter of request competent authority for investigation in a countryor
place
outside India.
2*166A. Letter of request competent authority for investigation in
a country or place outside India. (1) Notwithstanding anything
contained 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.
(2) The letter of request shall be transmitted in such manner as
the Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under
sub-section (1) shall be deemed to be the evidence collected during
the course of investigation under this Chapter.
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 place
for 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,-
(i) forward the same to the Chief Metropolitan Magistrate
or Chief Judicial Magistrate or such Metropolitan Magistrate
or Judicial Magistrate as he may appoint in this behalf, who
shall thereupon summon the person before him and record his
statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for
investigation, who shall thereupon investigate into the
offence in the same manner,
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 authority
issuing 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 exceeding
fifteen 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)
______________________________________________________________________
888
(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 specially
empowered 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).
________________________________________________________________
889
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.]
(3) A Magistrate authorising under this section detention in the
custody of the police shall record his reasons for so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate
making such order shall forward a copy of his order, with his reasons
for making it, to the Chief Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case,
the investigation is not concluded within a period of six months from
the date on which the accused was arrested, the Magistrate shall make
an order stopping further investigation into the offence unless the
officer making the investigation satisfies the Magistrate that for
special reasons and in the interests of justice the continuation of
the investigation beyond the period of six months is necessary.
(6) Where any order stopping further investigation into an
offence has been made under sub-section (5), the Sessions Judge may,
if he is satisfied, on an application made to him or otherwise, that
further investigation into the offence ought to be made, vacate the
order made under sub-section (5) and direct further investigation to
be made into the offence subject to such directions with regard to
bail and other matters as he may specify.
168.
Report of investigation by subordinate police officer.
168. Report of investigation by subordinate police officer. When
any subordinate police officer has made any investigation under this
Chapter, he shall report the result of such investigation to the
officer in charge of the police station.
169.
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 charge
of 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.
890
170.
Cases to be sent to Magistrate, when evidence is sufficient.
170.Cases to be sent to Magistrate, when evidence is sufficient.
(1) If, upon an investigation under this Chapter, it appears to the
officer in charge of the police station that there is sufficient
evidence or reasonable ground as aforesaid, such officer shall forward
the accused under custody to a Magistrate empowered to take cognizance
of the offence upon a police report and to try the accused or commit
him for trial, or, if the offence is bailable and the accused is able
to give security, shall take security from him for his appearance
before such Magistrate on a day fixed and for his attendance from day
to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forward an
accused person to a Magistrate or takes security for his appearance
before such Magistrate under this section, he shall send to such
Magistrate any weapon or other article which it may be necessary to
produce before him, and shall require the complainant (if any) and so
many of the persons who appear to such officer to be acquainted with
the facts and circumstances of the cage as he may think necessary, to
execute a bond to appear before the Magistrate as thereby directed and
prosecute or give evidence (as the case may be) in the matter of the
charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in
the bond, such Court shall be held to include any Court to which such
Magistrate may refer the case for inquiry or trial, provided
reasonable notice of such reference is given to such complainant or
persons.
(4) The officer in whose presence the bond is executed shall
deliver a copy thereof to one of the persons who executed it, and
shall then send to the Magistrate the original with his report.
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 police
officer making an investigation under this Chapter shall day by day
enter 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
891
by him, and a statement of the circumstances ascertained through his
investigation.
(2) Any Criminal Court may send for the police diaries of a case
under inquiry or trial in such Court, and may use such diaries, not as
evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call
for such diaries, nor shall he or they be entitled to see them merely
because they are referred to by the Court ; but, if they are used by
the police officer who made them to refresh his memory, or if the
Court uses them for the purpose of contradicting such police officer,
the provisions of section 161 or section 145, as the case may be, of
the Indian Evidence Act, 1872 (1 of 1872), shall apply,
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 ;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so,
weather with or without sureties;
(g) whether he has been forwarded in custody under section
170.
(ii) The officer shall also communicate, In such manner as may be
prescribed by the State Government, the action taken by him, to the
person, if any, by whom the information relating to the commission of
the offence was first given.
(3) Where a superior officer of police has been appointed under
section 158, the report shall, in any case in which the State
Government by general or special order so directs, be submitted
through that officer, and he may, pending the orders of the
Magistrate, direct the officer in charge of the police station to make
further investigation,
892
(4) Whenever it appears from a report forwarded under this
section that the accused has been released on his bond, the Magistrate
shall make such order- for the discharge of such bond or otherwise as
he thinks fit.
(5) When such report is in respect of a case to which section
170 applies, the police officer shall forward to the Magistrate
alongwith the report-
(a) all documents or relevant extracts thereof on which the
prosecution proposes to rely other than those already sent to
the Magistrate during investigation;
(b) the statements-recorded under section 161 of all the
persons whom the prosecution proposes to examine as its
witnesses.
(6) If the police officer is of opinion that any part of any
such statement is not relevant to the subject-matter of the
proceedings or that its disclosure to the accused is not essential in
the interests of justice and is inexpedient in the public interest, he
shall indicate that part of the statement and append a note requesting
the Magistrate to exclude that part from the copies to be granted to
the accused and stating his reasons for making such request.
(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
893
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
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it
expedient so to do, he shall.
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 any
other 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 by
the police officer ; and if he does so, he shall have all the powers
in 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.
---------------------------------------------------------------------
894
(2) The Magistrate holding such an inquiry shall record the
evidence taken by him in connection therewith in any manner
hereinafter prescribed according to the circumstances of the case.
(3) Whenever such Magistrate considers it expedient to make an
examination of the dead body of any person who has been already
interred, in order to discover the cause of his death, the Magistrate
may cause the body to be disinterred and examined.
(4) Where an inquiry is to be held under this section, the
Magistrate shall, wherever practicable, inform the relatives of the
deceased whose names and addresses are known, and shall allow them to
remain present at the inquiry.
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
(b) where an offence is committed, partly in one local area and
partly in another, or
(c) where an offence, is a continuing one, and continues to be
committed in more local areas than one, 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.
895
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 inquired
into 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 property
may 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 by
any Court within whose local jurisdiction such letters or messages
were 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
896
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 any
sessions 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 being
in 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-
(a) if the Courts are subordinate to the same High Court,
by that High Court;
(b) if the Courts are not subordinate to the same High
Court, by the High Court within the local limits of whose
appellate criminal jurisdiction the proceedings were first
commenced
____________________________________________________________________
1 Ins. by Act 45 of 1978, s. 15 (w.e.f. 18-12-1980).
_____________________________________________________________________
897
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-
(a) by a citizen of India, whether on the high seas or
elsewhere; or
(b) by a person, not being such citizen, on any ship or
aircraft registered in 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 preceding
sections 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 judicial
officer 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.
898
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-
(a) upon receiving a complaint of facts which constitute
such offence ;
(b) upon a police report of such facts;
(c) upon information received from any person other than a
police officer, or upon his own knowledge, that such offence
has been committed.
(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 any
offence 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.
194. Additional and Assistant Sessions Judges to try cases made
over to them. An Additional Sessions Judge or Assistant Sessions
Judge shall try such cases as the Sessions Judge of the division may,
by general or
899
special order, make over to him for trial or as the High Court may, by
special order, direct him to try.
195.
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 public
servants, for offences against public justice and for offences
relating to documents given in evidence.(1) No Court shall take
cognizance-
(a) (i) of any offence punishable under sections 172 to 188
(both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) of any abetment of, or attempt to commit, such offence,
or
(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;
(b) (i) of any offence punishable under any of the following
sections of the Indian Penal Code (45 of 1860), (namely,
sections 193 to 196 (both inclusive), 199, 200, 205 to 211
(both inclusive) and 228, when such offence is alleged to
have been committed in, or in relation to, any proceeding in
any Court, or
(ii) of any offence described in section 463, or punishable
under section 471, section 475 or section 476, of the said
Code, when such offence is alleged to have been committed in
respect of a document produced or given in evidence in a
proceeding in any Court, or
(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.
(2) Where a complaint has been made by a public servant under
clause(a) of sub-section (1) any authority to which he is
administratively subordinate may order the withdrawal of the complaint
and send a copy of such order to the Court ; and upon its receipt by
the Court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in
the Court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term "Court" means a
Civil, Revenue or Criminal Court, and includes a tribunal constituted
by or under a Central, Provincial or State Act if declared by that Act
to be a Court for the purposes of this section.
900
(4) For the purposes of clause (b) of sub-section (1), a Court
shall be deemed to be subordinate to the Court to which appeals
ordinarily lie from the appealable decrees or sentences of such former
Court, or in the case of a Civil Court from whose decrees no appeal
ordinarily lies, to the principal Court having ordinary original civil
jurisdiction within whose local jurisdiction such Civil Court in
situate:
Provided that-
(a) where appeals lie to more than one Court, the Appellate
Court of inferior jurisdiction shall be the Court to which
such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue
Court, such Court shall be deemed to be subordinate to the
Civil or Revenue Court according to the nature of the case or
proceeding in connection with which the offence is alleged to
have been committed.
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-
(a) any offence punishable under Chapter VI or under
section 153A, of Indian Penal Code, or 2*[Section 295 A or
sub section (1) of section 505] of the Indian Penal Code (45
of 1860) or
(b) a criminal conspiracy to commit such offence, or
(c) any such abetment, as is described in section 108A of
the Indian Penal Code (45 of 1860),
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.]
(2) No Court shall take cognizance of the offence of any criminal
conspiracy punishable under section 120B of the Indian Penal code
(45 of 1860), other than a criminal conspiracy to commit 1*[an offence]
punishable with death, imprisonment for life or rigorous imprisonment
for a term of two years or upwards, unless the State Government or the
District Magistrate has consented in writing to the initiation of the
proceedings :
Provided that where the criminal conspiracy is one to which the
provisions of section 195 apply, no such consent shall be necessary.
(3) The Central Government or the State Government may, before
according sanction 2*[under sub-section (1) or sub-section (1A) and the
District Magistrate may, before according sanction under sub-section
(1A) and the State Government or the District Magistrate may, before
giving consent under sub-section (2), order a preliminary
investigation by a police officer not being below the
______________________________________________________________________
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)
________________________________________________________________________
901
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 any
person 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.
(2) No Court shall take cognizance of any offence alleged to have
been committed by any member of the Armed Forces of the Union while
acting or purporting to act in the discharge of his official duty,
except with the previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the
provisions of sub-section (2) shall apply to such class or category of
the members of the Forces 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 will apply as if for the
expression "Central Government" occurring therein, the expression
"State 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 accorded
by 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
(1) of article 356 of the Constitution was in force in the State,
shall be invalid and it shall be competent for the Central Government
in such matter to accord sanction and for the court to take cognizance
thereon.]
(4) The Central Government or the State Government, as the case
may be, may determine the person by whom, the manner in which, and the
offence or offences for which, the prosecution of such Judge, Magis-
trate or public servant is to be conducted, and may specify the Court
before which the trial is to be held.
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).
-------------------------------------------------------------------
902
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;
(b) where such person is the husband and he is serving in
any of the Armed Forces of the Union under conditions which
are certified by his Commanding Officer as precluding him
from obtaining leave of absence to enable him to make a
complaint in person, some other person authorised by the
husband in accordance with the provisions of sub-section (4)
may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable
under 1*[section 494 or section 495] of the Indian Penal Code
(45 of 1860) is the wife, complaint may be made on her behalf
by her father, mother, brother, sister, son or daughter or by
her father's or mother's brother or sister 2*[, or, with the
leave of the Court,by any other person related to her by
blood, marriage or adoption].
(2) For the purposes of sub-section (1), no person other than
the husband of the woman shall be deemed to be aggrieved by any
offence punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had
care of the woman on his behalf at the time when such offence was com-
mitted may, with the leave of the Court, make a complaint on his
behalf.
(3) When in any case falling under clause (a) of the proviso to
subsection (1), the complaint is sought to be made on behalf of a
person under the age of eighteen years or of a lunatic by a person who
has not been appointed or declared by a competent authority to be the
guardian of the person of the minor or lunatic, and the Court is
satisfied that there is a guardian so appointed or declared, the Court
shall, before granting the application for leave, cause notice to be
given to such guardian and give him a reasonable opportunity of being
heard.
(4) The authorisation referred to in clause (b) of the proviso to
subsection (1), shall be in writing, shall be signed or otherwise
attested by the husband, shall contain a statement to the effect that
he has been informed of the allegations upon which the complaint is to
be founded, shall be countersigned by his Commanding Officer, and
shall be accompanied by a certificate signed by that Officer to the
effect that leave of
___________________________________________________________________
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).
__________________________________________________________________
903
absence for the purpose of making a complaint in person cannot for the
time being be granted to the husband.
(5) Any document purporting to be such an authorisation and
complying with the provisions of sub-section (4), and any document
purporting to be a certificate required by that sub-section shall,
unless the contrary is proved, be presumed to be genuine and shall be
received in evidence.
(6) No Court shall take cognizance of an offence under section
376 of the Indian Penal Code, where such offence consists of sexual
intercourse the a man with his own wife, the wife being under
fifteen years of age, if more than one year has elapsed from the date
of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or
attempt to commit, an offence as they apply to the offence.
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 eighteen
years, 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.
(2) Notwithstanding anything contained in this Code, when any
offence falling under Chapter XXI of the Indian Penal Code (45 of
1860) is alleged to have been committed against a person who at the
time of such commission, is the President of India, the Vice-President
of India, the Governor of a State, the Administrator of a Union
territory or a Minister of the Union or of a State or of a Union
territory, or any other public servant employed in connection with the
affairs of the Union or of a State in respect of his conduct in the
discharge of his public functions a Court of Session may take
cognizance of such offence, without the case being committed to it,
upon a complaint in writing made by the Public Prosecutor.
(3) Every complaint referred to in sub-section (2) shall set
forth the facts which constitute the offence alleged, the nature of
such offence and such other particulars as are reasonably sufficient
to give notice to the caused of the offence alleged to have been
committed by him.
-----------------------------------------------------------------------
1 Ins. by Act 46 of 1983, s.5.
---------------------------------------------------------------------
904
(4) No complaint Under sub-section (2) shall be made by the
Public Prosecutor except with the previous sanction-
(a) of the State Government, in the case of a person who is
or has been the Governor of that State or a Minister of that
Government ;
(b) of the State Government, in the case of any other
public servant employed in connection with the affairs of the
State;
(c) of the Central Government, in any other case.
(5) No Court of Session shall take cognizance of an offence
under sub-section (2) unless the complaint is made within six months
from the date on which the offence is alleged to have been committed.
(6) Nothing in this section shall affect the right of the person
against whom the offence is alleged to have been committed, to make a
complaint in respect of that offence before a Magistrate having
jurisdiction or the power of such Magistrate to take cognizance of the
offence upon such complaint.
CHAP
COMPLAINTS TO MAGISTRATES
CHAPTER XV
COMPLAINTS TO MAGISTRATES
200
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
discharge of his official duties or a Court has made the
complaint ; or
(b) if the Magistrate makes over the case for inquiry or
trial to another Magistrate under section 192 :
Provided further that if the Magistrate makes over the case to
another Magistrate under section 192 after examining the complainant
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,-
(a) if the complaint is in writing, return it for
presentation to the proper Court with an endorsement to that
effect;
(b) if the complaint is not in writing, direct the
complainant to the proper Court.
905
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 ground
for proceeding:
Provided that no such direction for investigation shall be
made,--
(a) where it appears to the Magistrate that the offence
complained of is triable exclusively by the Court of Session
; or
(b) where the complaint has not been made by a Court,
unless the complainant and the witnesses present (if any)
have been examined on oath under section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if
he thinks fit, take evidence of witnesses on oath :
Provided that if it appears to the Magistrate that the offence
complained of is triable exclusively by the Court of Session, he shall
call upon the complainant to produce all his witnesses and examine
them on oath.
(3) If an investigation under sub-section (1) is made by a
person not being a police officer, he shall have for that
investigation all the powers conferred by this Code on an officer-in-
charge of a police station except the power to arrest without warrant.
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-
(a) a summons-case, he shall issue his summons for the
attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he
thinks fit, a summons, for causing the accused to be brought
or to appear
906
at a certain time before such Magistrate or (if he has no
jurisdiction himself) some other Magistrate having
jurisdiction.
(2) No summons or warrant shall be issued against the accused
under sub-section (1) until a list of the prosecution witnesses has
been filed.
(3) In a proceeding instituted upon a complaint made in writing
every summons or warrant issued under sub-section (1) shall be accom-
panied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees
or other fees are payable, no process shall be issued until the fees
are paid and, if such fees are not paid within a reasonable time, the
Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the
provisions of section 87.
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 post
or 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 by
pleader 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.
(2) For the purposes of this section, "petty offence" means any
offence punishable only with fine not exceeding one thousand rupees,
but does not include any offence so punishable under the Motor
Vehicles Act, 1939 (4of 1939), or under any other law which provides
for convicting the accused person in his absence on a plea of guilty,
907
1*[(3) The State Government may, by notification, specially
empower any Magistrate to exercise the powers conferred by sub-section
(1) in relation to any offence which is compoundable under section 320
or any offence punishable with imprisonment for a term not exceeding
three months, or with fine, or with both where the Magistrate is of
opinion that, having regard to the facts and circumstances of the
case, the imposition of fine only would meet the ends of justice.]
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
police report, the Magistrate shall without delay furnish to the
accused, free of cost, a copy of each of the following: -
(i) the police report;
(ii) the first information report recorded under section
154;
(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 ;
(iv) the confessions and statements, if any, recorded under
section 164;
(v) any other document or relevant extract thereof
forwarded to the Magistrate with the police report under sub-
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 only
be allowed to inspect it either personally or through pleader in
Court.
208.
Supply of copies of statements and documents to accused in other
casestriable
by 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).
---------------------------------------------------------------------
908
(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 police
report 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;]
(b) subject to the provisions of this Code relating to
bail, remand the accused to custody during, and until the
conclusion of, the trial ;
(c) send to that Court the record of the case and the
documents and articles, if any, which are to be produced in
evidence ;
(d) notify the Public Prosecutor of the commitment of the
case to the Court of Session.
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 by
him, 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).
----------------------------------------------------------------------
909
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 any
offence 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.
(2) If the law which creates the offence gives it any specific-
name, the offence may be described in the charge by that name only.
(3) If the law which creates the offence does not give it any
specific name, so much of the definition of the offence must be stated
as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is
said to have been committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a
statement that every legal condition required by law to constitute the
offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any
offence, is liable, by reason of such previous conviction, to enhanced
punishment, or to punishment of a different kind, for a subsequent
offence, and it is intended to prove such previous conviction for the
purpose of affecting the punishment which the Court may think fit to
award for the subsequent offence, the fact, date and place of the
previous conviction shall be stated in the charge; and if such
statement has been omitted, the Court may add it at any time before
sentence is passed.
Illustrations
(a) A is charged with the murder of B. This is equivalent to a
statement that A's act fell within the definition of murder given in
sections 299 and 300 of the Indian Penal Code (45 of 1860); that it
did not fall within any of the general exceptions of the said Code;
and that it did not fall within any of the five exceptions to section
300, or that, if it did fall within Exception 1, one or other of the
three provisos to that exception applied to it.
910
(b)A is charged under section 326 of the Indian Penal Code (45 of 1860),
with voluntarily causing grievous hurt to B by means of an instrument
for shooting. This is equivalent to a statement that the case was not
provided for by section 335 of the said Code-, and that the general
exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery
or criminal intimidation, or using a false property-mark. The charge
may state that A committed murder, or cheating, or theft, or
extortion, or adultery, or criminal intimidation, or that he used a
false property-mark, without reference to the definitions of those
crimes contained in the Indian Penal Code (45 of 1860); but the
sections under which the offence is punishable must, in each instance,
be referred to in the charge.
(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 the meaning of section
219;
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
(a) A is accused of the theft of a certain article at a certain
time and place. The charge need not set out the manner in which the
theft was effected.
(b) A is accused of cheating B at a given time and place. The
charge must set out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and
place. The charge must set out that portion of the evidence given by
A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the
discharge of his public functions at a given time and place. The
charge must set out the manner in which A obstructed B in the
discharge of his functions.
911
(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 any
stage 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.
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(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 may
be 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-
(a) to recall or re-summon, and examine with reference to
such alteration or addition, any witness who may have been
examined, unless the Court, for reasons to be recorded in
writing, considers that the prosecutor or the accused, as the
case may be, desires to recall or re-examine such witness for
the purpose of vexation or delay or for defeating the ends of
justice ;
(b) also to call any further witness whom the Court may
think to be material.
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 person
is not likely to be prejudiced thereby, the Magistrate may try
together all or any number of the charges framed against such person.
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(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 charged
together. (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.
(2) When a person charged with one or more offences of criminal
breach of trust or dishonest misappropriation of property as provided
in sub-section (2) of section 212 or in sub-section (1) of section
219, is accused of committing, for the purpose of facilitating or
concealing the commission of that offence or those offences, one or
more offences of falsification of accounts, he may be charged with,
and tried at one trial for, every such offence.
(3) If the acts alleged constitute an offence falling within two
or more separate definitions of any law in force for the time being by
which offences are defined or punished, the person accused of them may
be charged with, and tried at one trial for, each of such offences.
914
(4) If several acts, of which one or more than one would by
itself or themselves constitute an offence, constitute when combined a
different offence, the person accused of them may be charged with, and
tried at one trial for the offence constituted by such acts when
combined, and for any offence constituted by any one, or more, of such
acts.
(5) Nothing contained in this section shall affect section 71 of
the Indian Penal Code (45 of 1860).
Illustrations to sub-section (1)
(a) A rescues B, a person in lawful custody, and in so doing
causes grievous hurt to C, a constable in whose custody B was. A may
be charged with, and convicted of, offences under sections 225 and 333
of the Indian Penal Code (45 of 1860).
(b) A commits house-breaking by day with intent to commit
adultery, and commits, in the house so entered, adultery with B's
wife. A may be separately charged with, and convicted of, offences
under sections 454 and 497 of the Indian Penal Code (45 of 1860).
(c) A entices B, the wife of C, away from C, with intent to
commit adultery with B, and then commits adultery with her. A may be
separately charged with, and convicted of, offences under sections 498
and 497 of the Indian Penal Code (45 of 1860).
(d) A has in his possession several seals, knowing them to be
counterfeit and intending to use them for the purpose of committing
several forgeries punishable under section 466 of the Indian Penal
Code (45 of 1860). A may be separately charged with, and convicted of,
the possession of each seal under section 473 of the Indian Penal Code
(45 of 1860).
(e) With intent to cause injury to B, A institutes a criminal
proceeding against him, knowing that there is no just or lawful ground
for such proceeding, and also falsely accuses B of having committed an
offence, knowing that there is no just or lawful ground for such
charge. A may be separately charged with, and convicted of, two
offences under section 211 of the Indian Penal Code (45 of 1860).
(f) A, with intent to cause injury to B, falsely accuses him of
having committed an offence, knowing that there is no just or lawful
ground for such charge. On the trial, A gives false evidence against
B, intending thereby to cause B to be convicted of a capital offence.
A may be separately charged with, and convicted of, offences under
sections 211 and 194 of the Indian Penal Code (45 of 1860).
(g) A, with six others, commits the offences of rioting,
grievous hurt and assaulting a public servant endeavouring in the
discharge of his duty as such to suppress the riot. A may be
separately charged with, and convicted of, offences under sections
147, 325 and 152 of the Indian Penal Code (45 of 1860).
(h) A threatens B, C and D at the same time with injury to their
persons with Intent to cause alarm to them. A may be separately
charged with, and convicted of, each of the three offences under
section 506 of the Indian Penal Code (45 of 1860).
The separate charges referred to in Illustrations (a) to (h),
respectively, may be tried at the same time.
Illustrations to sub-section (3)
(i) A wrongfully strikes B with a cane. A may be separately
charged with and convicted of, offences under sections 352 and 323 of
the Indian Penal Code (45 of 1860).
(j) Several stolen sacks of corn are made over to A and B, who
knew they are stolen property, for the purpose of concealing them. A
and B thereupon voluntarily assist each other to conceal the sacks at
the bottom of a grain-pit. A
915
and B may be separately charged with, and convicted of, offences
under sections 411 and 414 of the Indian Penal Code (45 of 1860).
(k) A exposes her child with the knowledge that she is thereby
likely to cause its death. The child dies in consequence of such
exposure. A may be separately charged with, and convicted of,
offences under sections 317 and 304 of the Indian Penal Code (45 of
1860).
(l) A dishonestly uses a forged document as genuine evidence, in
order to convict B, a public servant, of an offence under section
167 of the Indian Penal Code. A may be separately charged with, and
convicted of, offences under sections 471 (read with section 466) and
196 of that Code (45 of 1860).
Illustration to sub-section (4)
(m) A commits robbery on B, and in doing so voluntarily causes
hurt to him. A may be separately charged with, and convicted of,
offences under sections 323, 392 and 394 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
(1), he may be convicted of the offence which he is shown to have
committed, although he was not charged with it.
Illustrations
(a) A is accused of an act which may amount to theft, or
receiving stolen property, or criminal breach of trust or cheating.
He may be charged with theft, receiving stolen property, criminal
breach of trust and cheating, or he may be charged with having
committed theft, or receiving stolen property, or criminal breach of
trust or cheating.
(b) In the case mentioned, A is only charged with theft. It
appears that he committed the offence of criminal breach of trust, or
that of receiving stolen goods. He may be convicted of criminal
breach of trust or of receiving stolen goods (as the case may be),
though he was not charged with such offence.
(c) A states on oath before the Magistrate that he saw B hit C
with a club. Before the Sessions Court A states on oath that B never
hit C. A may be charged in the alternative and convicted of
intentionally giving false evidence, although it cannot be proved
which of these contradictory statements was false.
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.
916
(2)When a person is charged with an offence and facts are proved
which reduce it to a minor offence, he may be convicted of the minor
offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be
convicted of an attempt to commit such offence although the attempt is
not separately charged.
(4) Nothing in this section shall be deemed to authorise a
conviction of any minor offence where the conditions requisite for the
initiation of proceedings in respect of that minor offence have not
been satisfied.
Illustrations
(a) A is charged, under section 407 of the Indian Penal Code
(45 of 1860), with criminal breach of trust in respect of property
entrusted to him as a carrier. It appears, that he did commit criminal
breach of trust under section 406 of that Code in respect of the
property, but that it was not entrusted to him as a carrier. He may be
convicted of criminal breach of trust under the said section 406.
(b) A is charged, under section 325 of the Indian Penal Code (45 of
1860), with causing grievous hurt. He proves that he acted on grave and
sudden provocation. He may be convicted under section 335 of that
Code.
223.
What persons may be charged jointly.
223.What persons may be charged jointly.The following persons may
be charged and tried together, namely:-
(a) persons accused of the same offence committed in the
course same transaction ;
(b) person accused of an offence and persons accused of
abetment of, or attempt to commit, such offence ;
(c) person accused of more than one offence of the same kind,
within the meaning of section 219 committed by them jointly
within the period of twelve months;
(d) persons accused of different offences committed in
the course of the same transaction;
(e) persons accused of an offence which includes theft,
extortion, cheating, or criminal misappropriation, and
persons accused of receiving or retaining, or assisting in
the disposal or concealment of, property possession of which
is alleged to have been transferred by any such offence
committed by the first named persons, or of abetment of or
attempting to commit any such last-named offence;
(f) persons accused of offences under sections 411 and 414 of
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 relating
to 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 separate
offences 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 stay
the 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 charges
so 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.
918
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-
(a) is not exclusively triable by the Court of Session, he
may, frame a charge against the accused and, by order,
transfer the case for trial to the Chief Judicial Magistrate,
and thereupon the Chief Judicial Magistrate shall try the
offence in accordance with the procedure for the trial of
warrant-cases instituted on a police report ;
(b) is exclusively triable by the Court, he shall frame in
writing a charge against the accused.
(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 support
of 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
919
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.
(2) If the accused puts in any written statement, the Judge shall
file it with the record.
(3) If the accused applies for the issue of any process for
compelling the attendance of any witness or the production of any
document or thing, the Judge shall issue such process unless he
considers, for reasons to be recorded, 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.
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 judgment
in 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 previous
conviction 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.
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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.
(2) Every trial under this section shall be held in camera if
either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or
any of the accused and is of opinion that there was no reasonable
cause for making the accusation against them or any of them, it
may, by its order of discharge or acquittal, direct the person against
whom the offence was alleged to have been committed (other than the
President, Vice-President or the Governor of a State or the
Administrator of a Union territory) to show cause why he should not
pay compensation to such accused or to each or any of such accused,
when there are more than one.
(4) The Court shall record and consider any cause which may be
shown by the person so directed, and if it is satisfied that there was
no reasonable cause for making the accusation, it may, for reasons to
be recorded, make an order that compensation to such amount not
exceeding one thousand rupees, as it may determine, be paid by such
person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be
recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under
subsection (4) shall, by reason of such order, be exempted from any
civil or criminal liability in respect of the complaint made under
this section ;
Provided that any amount paid to an accused person under this
section shall be taken into account in awarding compensation to such
person in any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay
compensation may appeal from the order, in so far as it relates to the
payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused
person is made, the compensation shall not be paid to him before the
period allowed for the presentation of the appeal has elapsed, or, if
an appeal is presented, before the appeal has been decided.
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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 brought
before 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.
(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.
(3) On the date so fixed, the Magistrate shall proceed to take
all such evidence as may be produced in support of the prosecution:
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.
922
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
923
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 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 or has any defence to
make.
(3) If the accused pleads guilty, the Magistrate shall record
the plea, and may, in his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims
to be tried or if the accused is not convicted under sub-section (3),
he shall be required to state, at the commencement of the next hearing
of the case, or, if the Magistrate for reasons to be recorded in
writing so thinks fit, forthwith, whether he wishes to cross-examine
any, and, if so, which, of the witnesses for the prosecution whose
evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall
be recalled and, after cross-examination and re-examination (if any),
they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution
shall next be taken, and after cross-examination and re-examination
(if any), they shall also be discharged.
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.
(2) Where, in any case under this Chapter, the Magistrate finds
the accused guilty, but does not proceed in accordance with the
provisions
924
of section 325 or section 360, he shall, after hearing the accused on
the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, 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 Magistrate may, after he has convicted the
said accused, 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 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 person
upon whose complaint or information the accusation was made is
present, call upon him forthwith to show cause why he should not pay
compensation 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.
(2) The Magistrate shall record and consider any cause which
such complainant or informant may show, and if he is satisfied that
there was no reasonable ground for making the accusation, may, for
reasons to be recorded make an order that compensation to such amount,
not exceeding the amount of fine he is empowered to impose, as he may
determine, be
925
paid by such complainant or informant to the accused or to each or any
of them.
(3) The Magistrate may, by the order directing payment of the
compensation under sub-section (2), further order that, in default of
payment, the person ordered to pay such compensation shall undergo
simple imprisonment for a period not exceeding thirty days.
(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.
(5) No person who has been directed to pay compensation under
this section shall, by reason of such order, be exempted from any
civil or criminal liability in respect of the complaint made or
information given by him:
Provided that any amount paid to an accused person under this
section shall be taken into account in awarding compensation to such
person in any subsequent civil suit relating to the same matter.
(6) A complainant or informant who has been ordered under sub-
section (2) by a Magistrate of the second class to pay compensation
exceeding one hundred rupees, may appeal from the order, as if such
complainant or informant had been convicted on a trial held by such
Magistrate.
(7) When an order for payment of compensation to an accused
person is made in a case which is subject to appeal under sub-section
(6), the compensation shall not be paid to him before the period
allowed for the presentation of the appeal has elapsed, or, if an
appeal is presented, before the appeal has been decided ; and where
such order is made in a case which is not so subject to appeal the
compensation shall not be paid before the expiration of one month from
the date of the order.
(8) The provisions of this section apply to summons-cases as
well as to warrant-cases.
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
926
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 petty
cases.(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 by
messenger, 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.
(2) The Magistrate may, if he thinks fit, on the application of
the prosecution or the accused, issue a summons to any witness
directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such
application require that the reasonable expenses of the witness
incurred in attending for the purposes of the trial be deposited in
Court.
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.
(2) Where the Magistrate does not proceed in accordance with the
provisions of section 325 or section 360, he shall, if he finds the
accused guilty, pass sentence upon him according to law.
927
(3) A Magistrate may, under section 252 or section 255, convict
the accused of any offence triable under this Chapter, which from the
facts admitted or proved he appears to have committed, whatever may be
the nature of the complaint or summons, if the Magistrate is satisfied
that the accused would not be prejudiced thereby.
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 pleader
or 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
928
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-
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate ;
(c) any Magistrate of the first class specially empowered
in this behalf by the High Court,
may, if he thinks fit, try in a summary way all or any of the
following offences : -
(i) offences not punishable with death, imprisonment for
life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of
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;
(v) offences under sections 454 and 456 of the Indian Penal
Code (45 of 1860);
(vi) insult with intent to provoke a breach of the peace,
under section 504, and criminal intimidation, under section
506 of the Indian Penal Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing
offences, when such attempt is an offence;
929
(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 High
Court 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 : -
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint ;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f)the offence complained of and the offence (if any) proved,
and in cases coming under clause (ii), clause (iii) or clause
(iv) of sub-section (1) of section 260, the value of the
property in respect of which the offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order the date on which
proceedings terminated.
930
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.
265
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 by
such 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,-
(a) "detained" includes detained under any law providing
for preventive detention;
(b) "prison" includes,-
(i) any place which has been declared by the State
Government, by general or special order, to be a
subsidiary jail ;
(ii) any reformatory, Borstal institution or other
institution of a like nature.
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,-
(a) that a person confined or detained in a prison should
be brought before the Court for answering to a charge of an
offence, or for the purpose of any proceedings against him,
or
(b) that it is necessary for the ends of justice to examine
such person as a witness,
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.
931
(2) Where an order under sub-section (1) is made by a Magistrate
of the second class, it shall not be forwarded to, or acted upon by,
the officer in charge of the prison unless it is countersigned by the
Chief Judicial Magistrate to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section
(2) shall be accompanied by a statement of the facts which, in the
opinion of Magistrate, render the order necessary, and the Chief
Judicial Magistrate to whom it is submitted may, after considering
such statement, decline to countersign the order.
268.
Power of State Government to exclude certain persons from operation
ofsection
267.
268. Power of State Government to exclude certain persons from
operation of section 267.(1) The State Government may, at any time,
having regard to the matters specified in sub-section (2), by general
or special order, direct that any person or class of persons shall not
be removed from the prison in which he or they may be confined or
detained, and thereupon, so long as the order remains in force, no
order made under section 267, whether before or after the order of the
State Government, shall have effect in respect of such person or class
of persons.
(2) Before making an order under sub-section (1), the State
Government shall have regard to the following matters, namely:-
(a) the nature of the offence for which, or the grounds on
which, the person or class of persons has been ordered to be
confined or detained in prison;
(b) the likelihood of the disturbance of public order if
the person or class of persons is allowed to be removed from
the prison;
(c) the public interest, generally.
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-
(a) is by reason of sickness or infirmity Unfit to be
removed from the prison; or
(b) is under committal for trial or under remand pending
trial or pending a preliminary investigation; or
(c) is in custody for a period which would expire before
the expiration of the time required for complying with the
order and for taking him back to the prison in which he is
confined or detained ; or
(d) is a person to whom an order made by the State
Government under section 268 applies,
932
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.
270. Prisoner to be brought to Court in custody. Subject to the
provisions of section 269, the officer in charge of the prison shall,
upon delivery of an order made under sub-section (1) of section 267
and duly countersigned, where necessary, under sub-section (2)
thereof, cause the person named in the order to be taken to the Court
in which his attendance is required, so as to be present there at the
time mentioned in the order, and shall cause him to be kept in custody
in or near the Court until he has been examined or until the Court
authorises him to be taken back to the prison in which he was confined
or detained.
271.
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.
272. Language of Courts. The State Government may determine what
shall be, for purposes of this Code, the language of each Court within
the State other than the High Court.
273.
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.
933
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 open
Court.
(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.
(2) Where the Magistrate causes the evidence to be taken down,
he shall record a certificate that, the evidence could not be taken
down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of
a narrative; but the Magistrate may, in his discretion take down, or
cause to be taken down, any part of such evidence in the form of
question and answer.
(4) The evidence so taken down shall be signed by the Magistrate
and shall form part of the record.
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.
934
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,-
(a) if the witness gives evidence in the language of the
Court, it shall be taken down in that language;
(b) if he gives evidence in any other language, it may, if
practicable, be taken down in that language, and if it is not
practicable to do so, a true translation of the evidence in
the language of the Court shall be prepared as the
examination of the witness proceeds, signed by the Magistrate
or presiding Judge, and shall form part of the record ;
(c) where under clause (b) evidence is taken down in a
language other than the language of the Court, a true
translation thereof in the language of the Court shall be
prepared as soon as practicable, signed by the Magistrate or
presiding Judge, and shall form part of the record :
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.
(2) If he appears by pleader and the evidence is given in a
language other than the language of the Court, and not understood by
the pleader, it shall be interpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it
shall be in the discretion of the Court to interpret as much thereof
as appears necessary.
280.
Remarks respecting demeanour of witness.
280. Remarks respecting demeanour of witness. When a presiding
Judge or Magistrate has recorded the evidence of a witness, he shall
also record such remarks (if any) as he thinks material respecting the
demeanour of such witness whilst under examination.
281.
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 an
officer of the Court appointed by him in this behalf.
(3) The record shall, if practicable, be in the language in
which the accused is examined or, if that is not practicable, in the
language of the Court.
(4) The record shall be shown or read to the accused, or, if he
does not understand the language in which it is written, shall be
interpreted
936
to him in a language which he understands, and he shall be at liberty
to explain or add to his answers.
(5) It shall thereafter be signed by the accused and by the
Magistrate or presiding Judge, who shall certify under his own hand
that the examination was taken in his presence and hearing and that
the record contains a full and true account of the statement made by
the accused.
(6) Nothing in this section shall be deemed to apply to the
examination of an accused person in the course of a summary trial.
282.
Interpreter to be bound to interpret truthfully.
282. Interpreter to be bound to interpret truthfully. When the
services of an interpreter are required by any Criminal Court for the
interpretation of any evidence or statement, he shall be bound to
state the true interpretation of such evidence or statement.
283.
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.
937
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.
(2) If the witness is in India, but in a State or an area to
which this Code does not extend, the commission shall be directed to
such Court or officer as the Central Government may, by notification,
specify in this behalf.
(3) If the witness is in a country or place outside India and
arrangements have been made by the Central Government with the
Government of such country or place for taking the evidence of
witnesses in relation to criminal matters, the commission shall be
issued in such form, directed to such Court or officer, and sent to
such authority for transmission, as the Central Government may, by
notification, prescribe in this behalf.
286.
Execution of commissions.
286. Execution of commissions. Upon receipt of the commission,
the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or
such Metropolitan or Judicial Magistrate as he may appoint in this
behalf, shall summon the witness before him or proceed to the place
where the witness is, and shall take down his evidence in the same
manner, and may for this purpose exercise the same powers, as in
trials of warrant-cases under this Code.
287.
Parties may examine witnesses.
287. Parties may examine witnesses. (1) The parties to any
proceeding under this Code in which a commission is issued may
respectively 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, together
with 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
938
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.
289. Adjournment of proceeding. In every case in which a
commission is issued under section 284, the inquiry, trial or other
proceeding may be adjourned for a specified time reasonably sufficient
for the execution and return of the commission.
290.
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-
(a) any such Court, Judge or Magistrate exercising
jurisdiction within an area in India to which this Code does
not extend, as the Central Government may, by notification,
specify in this behalf;
(b) any Court, Judge or Magistrate exercising jurisdiction
in any such country or place outside India, as the Central
Government may, by notification, specify in this behalf, and
having authority, under the law in force in that country or
place. to issue commissions for the examination of witnesses
in relation to criminal matters.
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.
939
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 any
proceeding 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.
(2) The Court may, if it thinks fit, summon and examine any such
officer as to the subject-matter of his report:
Provided that no such officer shall be summoned to produce any
records on which the report is based.
(3) Without prejudice to the provisions of sections 123 and 124
of the Indian Evidence Act, 1872 (1 of 1872), no such officer shall,
except with the permission of the Master of the Mint or the India
Security Press or the Controller of Stamps and Stationery, as the case
may be, be permitted-
(a) to give any evidence derived from any unpublished
official records on which the report is based ; or
(b) to disclose the nature or particulars of any test
applied by him in the course of the examination of the matter
or thing.
293.
Reports of certain Government scientific experts.
293. Reports of certain Government scientific experts. (1) Any
document 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.
(2) The Court may, if it thinks fit, summon and examine any such
expert as to the subject-matter of his report.
(3) Where any such expert is summoned by a Court and he is
unable to attend personally, he may, unless the Court has expressly
directed him to appear personally, depute any responsible officer
working with him to attend the Court, if such officer is conversant
with the facts of the case and can satisfactorily depose in Court on
his behalf.
(4) This section applies to the following Government scientific
experts, namely:-
(a) any Chemical Examiner or Assistant Chemical Examiner to
Government;
940
(b) the Chief Inspector of-Explosives;
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director 1*[,Deputy Director or Assistant Director]
of a Central Forensic Science Laboratory or a State Forensic
Science Laboratory ;
(f) the Serologist to the Government.
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.
(2) The list of documents shall be in such form as may be
prescribed by the State Government.
(3) Where the genuineness of any document is not disputed, such
document may be read in evidence in any inquiry, trial or other
proceeding under this Code without proof of the signature of the
person to whom it purports to be signed:
Provided that the Court may, in its discretion, require such signature
to be proved.
295.
Affidavit in proof of conduct of public servants.
295. Affidavit in proof of conduct of public servants. When any
application is made to any Court in the course of any inquiry, trial
or other proceeding under this Code, and allegations are made therein
respecting any public servant, the applicant may give evidence of the
facts alleged in the application by affidavit, and the Court may, if
it thinks fit, order that evidence relating to such facts be so given.
296.
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 by
affidavit 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).
----------------------------------------------------------------------
941
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]
(b) any Commissioner of Oaths appointed by a High Court or
Court of Session, or
(c) any notary appointed under the Notaries Act, 1952 (53
of 1952).
(2) Affidavits shall be confined to, and shall state separately,
such facts as the deponent is able to prove from his own knowledge and
such facts as he has reasonable ground to believe to be true, and in
the latter case, the deponent shall clearly state the grounds of such
belief.
(3) The Court may order any scandalous and irrelevant matter in
the affidavit to be struck out or amended.
298.
Previous conviction or acquittal how proved.
298. Previous conviction or acquittal how proved. In any
inquiry, trial or other proceeding under this Code, a previous
conviction 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).
----------------------------------------------------------------------
942
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 persons
unknown, the High Court or the Sessions Judge may direct that any
Magistrate of the first class shall hold an inquiry and examine any
witnesses who can give evidence concerning the offence and any
depositions 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.
(2) A person acquitted or convicted of any offence may be
afterwards tried, with the consent of the State Government, for any
distinct offence for which a separate charge might have been made
against him at the former trial under sub-section (1) of section 220.
(3) A person convicted of any offence constituted by any act
causing consequences which, together with such act, constituted a
different offence from that of which he was convicted, may be
afterwards tried for such last-mentioned offence, if the consequences
had not happened, or were not known to the Court to have happened, at
the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted
by any acts may, notwithstanding such acquittal or conviction, be
subsequently charged with, and tried for, any other offence
constituted by the same acts which he may have committed if the Court
by which he was first
943
tried was not competent to try the offence with which he is
subsequently charged.
(5) A person discharged under section 258 shall not be tried
again for the same offence except with the consent of the Court by
which he was discharged or of any other Court to which the first-
mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of
section 26 of the General Clauses Act, 1897,(10 of 1897) or of section
188 of this Code.
Explanation.-The dismissal of a complaint, or the discharge of
the accused, is not an acquittal for the purposes of this section.
Illustrations
(a) A is tried upon a charge of theft as a servant and
acquitted. He cannot afterwards, while the acquittal remains in
force, be charged with theft as a servant, or, upon the same facts,
with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The
person injured afterwards dies. A may be tried again for culpable
homicide.
(c) A is charged before the Court of Session and convicted of
the culpable homicide of B. A may not afterwards be tried on the same
facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and
convicted by him of, voluntarily causing hurt to B. A may not
afterwards be tried for voluntarily causing grievous hurt to B on the
same facts, unless the cage comes within sub-section (3) of this
section.
(e) A is charged by a Magistrate of the second class with, and
convicted by him of, theft of property from the person of B. A may
subsequently be charged with, and tried for, robbery on the same
facts.
(f) A, B and C are charged by a Magistrate of the first class
with, and convicted by him of, robbing D. A, B and C may afterwards be
charged with, and tried for, dacoity on the same facts.
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 pleader
to 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.
944
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.
303. Right of person against whom proceedings are instituted to
be defended. Any person accused of an offence before a Criminal Court,
or against whom proceedings are instituted under this Code, may of
right be defended by a pleader of his choice.
304.
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.
(2) The High Court may, with the previous approval of the State
Government, make rules providing for-
(a) the mode of selecting pleaders for defence under sub-
section (1);
(b) the facilities to be allowed to such pleaders by the
Courts;
(c) the fees payable to such pleaders by the Government,
and generally, for carrying out the purposes of sub-section
(1).
(3) The State Government may, by notification, direct that, as
from such date as may be specified in the notification, the provisions
of sub-sections (1) and (2) shall apply in relation to any class of
trials before other Courts in the State as they apply in relation to
trials before Courts of Session.
945
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).
(2) Where a corporation is the accused person or one of the
accused persons in an inquiry or trial, it may appoint a
representative for the purpose of the inquiry or trial and such
appointment need not be under the seal of the corporation.
(3) Where a representative of a corporation appears, any
requirement of this Code that anything shall be done in the presence
of the accused or shall be read or stated or explained to the accused,
shall be construed as a requirement that that thing shall be done in
the presence of the representative or read or stated or explained to
the representative, and any requirement that the accused shall be
examined shall be construed as a requirement that the representative
shall be examined.
(4) Where a representative of a corporation does not appear, any
such requirement as is referred to in sub-section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the
managing director of the corporation or by any person (by whatever
name called) having, or being one of the persons having the management
of the affairs of the corporation to the effect that the person named
in the statement has been appointed as the representative of the
corporation for the purposes of this section, is filed, the Court
shall, unless the contrary is proved, presume that such person has
been so appointed.
(6) If a question arises as to whether any person, appearing as
the representative of a corporation in an inquiry or trial before a
Court is or is not such representative, the question shall be
determined by the Court.
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 knowledge
relative to the offence and to every other person concerned, whether
as principal or abettor, in the commission thereof.
946
(2) This section applies to-
(a) any offence triable exclusively by the Court of Session
or by the Court of a Special Judge appointed under the
Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which may
extend to seven years or with a more severe sentence.
(3) Every Magistrate who tenders a pardon under sub-section (1)
shall record-
(a) his reasons for so doing;
(b) whether the tender was or was not accepted by the
person to whom it was made,
and shall, on application made by the accused, furnish him with a copy
of such record free of cost.
(4) Every person accepting a tender of pardon made under sub-
section (1) -
(a) shall be examined as a witness in the Court of the
Magistrate taking cognizance of the offence and in the
subsequent trial, if any ;
(b) shall, unless he is already on bail, be detained in
custody until the termination of the trial.
(5) Where a person has, accepted a tender of pardon made under
sub-section (1) and has been examined under sub-section (4), the
Magistrate taking cognizance of the offence shall, without making any
further inquiry in the case,-
(a) commit it for trial-
(i) to the Court of Session if the, offence is triable
exclusively by that Court or if the Magistrate taking
cognizance is the Chief Judicial Magistrate;
(ii) to a Court of Special Judge appointed under the
Criminal Law Amendment Act, 1952 (46 of 1952), if the
offence is triable exclusively by that Court;
(b) in any other case, make over the case to the Chief
Judicial Magistrate who shall try the case himself.
307.
Power to direct tender of pardon.
307. Power to direct tender of pardon. At any time after
commitment of a case but before judgment is passed, the Court to which
the commitment is made may, with a view
947
to obtaining at the trial the evidence of any person supposed to have
been directly or indirectly concerned in, or privy to, any such
offence, tender a pardon on the same condition to such person.
308.
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 any
other 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 High
Court, and nothing contained in section 195 or section 340 shall
apply to that offence.
(2) Any statement made by such person accepting the tender of
pardon and recorded by a Magistrate under section 164 or by a Court
under sub-section (4) of section 306 may be given in evidence against
him at such trial.
(3) At such trial, the accused shall be entitled to plead that
he has complied with the condition upon which such tender was made; in
which case it shall be for the prosecution to prove that the condition
has no been complied with.
(4) At such trial, the Court shall-
(a) if it is a Court of Session, before the charge is read
out an explained to the accused;
(b) if it is the Court of a Magistrate, before the evidence
of the witnesses for the prosecution is taken,
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 judgment
in 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 judgment
of acquittal.
948
309.
Power to postpone or adjourn proceedings.
309. Power to postpone or adjourn proceedings. (1) In every
inquiry 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 any
stage 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).
----------------------------------------------------------------------
949
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.
311. Power to summon material witness, or examine person
present. Any Court may, at any stage of any inquiry, trial or other
proceeding under this Code, summon any person as a witness, or examine
any person in attendance, though not summoned as a witness, or. recall
and re-examine any person already examined; and the Court shall summon
and examine or recall and re-examine any such person if his evidence
appears to it to be essential to the just decision of the case.
312.
Expenses of complaints and witnesses.
312. Expenses of complaints and witnesses. Subject to any rules
made by the State Government, any Criminal Court may, if it thinks
fit, order payment, on the part of Government, of the reasonable
expenses of any complainant or witness attending for the purposes of
any inquiry, trial or other proceeding before such Court under this
Code.
313.
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-
(a) may at any stage, without previously warning the
accused, put such questions to him as the Court considers
necessary ;
(b) shall, after the witnesses for the prosecution have
been examined and before he is called on for his defence,
question him generally on the case :
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).
(2) No oath shall be administered to the accused when he is
examined under sub-section (1).
(3) The accused shall not render himself liable to punishment
by refusing to answer such questions, or by giving false answers to
them.
(4) The answers given by the accused may be taken into
consideration in such inquiry or trial, and put in evidence for or
against him in any other inquiry into, or trial for, any other
offence which such answers may tend to show he has committed.
950
314.
Oral arguments and memorandum of arguments.
314. Oral arguments and memorandum of arguments. (1) Any party
to 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.
(2) A copy of every such memorandum shall be simultaneously fur-
nished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the
purpose of filing the written arguments unless the Court, for reasons
to be recorded in writing, considers it necessary to grant such
adjournment.
(4) The Court may, if it is of opinion that the oral arguments
are not concise or relevant, regulate such arguments.
315.
Accused person to be competent witness.
315. Accused person to be competent witness. (1) Any person
accused of an offence before a Criminal Court shall be a competent
witness for the defence and may give evidence on oath in disproof of
the charges made against him or any person charged together with him
at the same trial:
Provided that-
(a) he shall not be called as a witness except on his own
request in writing;
(b) his failure to give evidence shall not be made the
subject of any comment by any of the parties or the Court or
give rise to any presumption against himself or any person
charged together with him at the same trial.
(2) Any person against whom proceedings are instituted in any
Criminal 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.
316. No influence to be used to induce disclosure. Except as
provided in sections 306 and 307, no influence, by means of any
promise or threat or otherwise, shall be used to an accused
951
person to induce him to disclose or withhold any matter within his
knowledge.
317.
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 Judge
or 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 personal
attendance 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.
318. Procedure where accused does not understand proceedings. If
the accused, though not of unsound mind, cannot be made to understand
the proceedings, the Court may proceed with the inquiry or trial ;
and, in the case of a Court other than a High Court, if such proceed-
ings result in a conviction, the proceedings shall be forwarded to the
High Court with a report of the circumstances of the case, and the
High Court shall pass thereon such order as it thinks fit.
319.
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 person
could be tried together with the accused, the Court may proceed
against such person for the offence which he appears to have
committed.
(2) Where such person is not attending the Court, he may be
arrested or summoned, as the circumstances of the case may require,
for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or
upon a summons, may be detained by such Court for the purpose of
the inquiry into, or trial of, the offence which he appears to have
committed.
(4) Where the Court proceeds against any person under sub-
section (1), then-
(a) the proceedings in respect of such person shall be
commenced a fresh, and the witnesses re-heard;
952
(b) subject to the provisions of clause (a), the case may
proceed as if such person had been an accused person when the
Court took cognizance of the offence upon which the inquiry
or trial was commenced.
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 Person by whom offence
applicable 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).
----------------------------------------------------------------------
953
---------------------------------------------------------------------
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.
-------------------------------------------------------------------
954
---------------------------------------------------------------------
Section of
the Indian
Offence Penal Code Person by whom offence
applicable may be compounded
---------------------------------------------------------------------
1 2 3
---------------------------------------------------------------------
Wrongfully confining for ten 344 The person confined.
or more days.
Wrongfully confining a person 346 Ditto.
in secret.
Assault or criminal force to 354 The woman assulted to
woman with intent to outrage whom the criminal force
her modesty. was used.
Assault or criminal force in 357 The person assaulted or
attempting wrongfully to con- to whom the force was
fine a person. used.
Theft, where the value of 379 The owner of the pro-
property stolen does not perty stolen.
exceed two hundred and
fifty rupees.
Theft, by clerk or servant 381 Ditto.
of property in possession
of master, where the value
of the property stolen does
not exceed two hundred and
fifty rupees.
Dishonest misappropriation 403 The owner of the property
of property misappropriated.
Criminal breach of trust, 406 The owner of the property
where the value of the pro- in respect of which the
perty does not exceed two breach of trust has been
hundred and a fifty rupees. committed.
Criminal breach of trust, 407 Ditto.
by a carrier, wharfinger,
etc., where the value of
the property does not exc-
eed two hundred and afifty
rupees.
Criminal breach of trust by 408 Ditto.
a clerk or servant, where
the value of the property
does not exceed two hundred
and fifty rupees.
Dishonestly, receiving 411 The owner of the property
stolen property, knowing stolen.
it to be stolen, when the
value of the stolen pro-
perty does not exceed two
hundred and fifty rupees.
Assuming in the concealment 414 Ditto.
or disposal of stolen pro-
perty, knowing it to be stolen,
where the value of the stolen
property does not exceed two
hundred and fifty rupees.
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.
--------------------------------------------------------------------
955
---------------------------------------------------------------------
Section of
the Indian
Offence Penal Code Person by whom offence
applicable may be compounded
---------------------------------------------------------------------
1 2 3
---------------------------------------------------------------------
Cheating by personation 419 The person cheated.
Cheating and dishonestly in- 420 Ditto.
ducing delivery of property
or the making alternation
or distruction of a valuable
security.
Fraudulent removal over 421 The creditors who are
concealment of property, affected thereby.
etc., to prevent distribution
among creditors.
Fraudulently preventing from 422 Ditto.
being made available for his
creditors a debt or demand
due to the offender.
Fraudulent execution of deed 423 The person affacted
of transfer containing false thereby.
statement of consideration.
Fraudulent removal or con- 424 Ditto.
cealment of property.
Mischief by killing or mai- 428 The owner of the animal.
ming animal of the value of
ten rupees or upwards.
Mischief by killing or mai- 429 The owner of the cattle
ming cattle, etc., of any or animal.
value or any other animal
of the value of fifty rupees
or upwards.
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 loss
perty 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.
--------------------------------------------------------------------
956
---------------------------------------------------------------------
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.
---------------------------------------------------------------------
(3) When any offence is compoundable under this section, the
abetment of such offence or an attempt to commit such offence (when
such attempt is itself an offence) may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to com-
pound an offence under this section is under the age of eighteen years
or is an idiot or a lunatic, any person competent to contract on his
behalf may, with the permission of the Court, compound such offence.
(b) When the person who would otherwise be competent to compound
an offence under this section is dead, the legal representative, as
defined in the Code of Civil Procedure, 1908 (5 of 1908), of such
person may, with the consent of the Court, compound such offence.
(5) When the accused has been committed for trial or when he has
been convicted and an appeal is pending, no composition for the
offence shall be allowed without the leave of the Court to which he is
committed, or, as the case may be, before which the appeal is to be
heard.
(6) A High Court or Court of Session acting in the exercise of
its powers of revision under section 401 may allow any person to
compound any offence which such person is competent to compound under
this section.
(7) No offence shall be compounded if the accused is, by reason
of a previous conviction, liable either to enhanced punishment or to a
punishment of a different kind for such offence.
957
(8) The composition of an offence under this section shall have
the effect of an acquittal of the accused with whom the offence has
been compounded.
(9) No offence shall be compounded except as provided by this
section.
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,-
(a) if it is made before a charge has been framed, the
accused shall be discharged in respect of such offence or
offences ;
(b) if it is made after a charge has been framed, or when
under this Code no charge is required, he shall be acquitted
in respect of such offence or offences :
Provided that where such offence-
(i) was against any law relating to a matter to which
the executive power of the Union extends, or
(ii) was investigated by the Delhi Special Police
Establishment under the Delhi Special 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
(b) that the case is one which should be tried or committed
for trial by some other Magistrate in the district, or
(c) that the case should be tried by the Chief Judicial
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.
323. Procedure when, after Commencement of inquiry or trial,
Magistrate finds case should be committed.If, in any inquiry into an
offence or a trial before a Magistrate, it appears to him at any stage
of the proceedings before signing judgment that the case is one which
ought to be tried by the Court of Session, he shall commit it to that
Court under the provisions hereinbefore contained 1*[and thereupon the
provisions of Chapter XVIII shall apply to the commitment so made].
324
Trial of persons previously convicted of offences against coinage,stamp-
law
or property.
324. Trial of persons previously convicted of offences against
coinage, stamp-law or property.(1) Where a person, having been
convicted of an offence punishable under Chapter XII or Chapter XVII
of the Indian Penal Code (45 of 1860) with imprisonment for a term of
three years or upwards, is again accused of any offence punishable
under either of those Chapters with imprisonment for a term of three
years or upwards, and the Magistrate before whom the case is pending
is satisfied that there is ground for presuming that such person has
committed the offence, he shall be sent for trial to the Chief
Judicial Magistrate or committed to the Court of Session, unless the
Magistrate is competent to try the case and is of opinion that he can
himself pass an adequate sentence if the accused is convicted.
(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 may
be.
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).
----------------------------------------------------------------------
959
and submit his proceedings, and forward the accused, to the Chief
Judicial Magistrate to whom he is subordinate.
(2) When more accused than one are being tried together, and the
Magistrate considers it necessary to proceed under sub-section (1), in
regard to any of such accused, he shall forward all the accused, who
are in his opinion guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are
submitted may, if he thinks fit, examine the parties and recall and
examine any witness who has already given evidence in the case and may
call for and take any further evidence and shall pass such judgment,
sentence or order in the case as he thinks fit, and as is according to
law.
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 and
who 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.
(2) When a case is transferred under the provisions of this Code
2* [from one Judge to another Judge or from one Magistrate to another
Magistrate], the former shall be deemed to cease to exercise
jurisdiction therein, and to be succeeded by the latter, within the
meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to
cases in which proceedings have been stayed under section 322 or in
which proceedings have been submitted to a superior Magistrate under
section 325.
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.
----------------------------------------------------------------------
960
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 building
used 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 by
the court.
(3)Where any proceedings are held under sub-section (2), it shall
not 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 person
against 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 may
deal 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 may
be taken or not, may release him on sufficient security being given
that 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.
333. When accused appears to have been of sound mind. When the
accused appears to be of sound mind at the time of inquiry or trial,
and the Magistrate is satisfied from the evidence given
962
before him that there is reason to believe that the accused committed
an act, which, if he had been of sound mind, would have been an
offence, and that he was, at the time when the act was committed, by
reason of unsoundness of mind, incapable of knowing the nature of the
act or that it was wrong or contrary to law, the Magistrate shall
proceed with the case, and, if the accused ought to be tried by the
Court of Session, commit him for trial before the Court of Session.
334.
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,-
(a) order such person to be detained in safe custody in
such place and manner as the Magistrate or Court thinks fit;
or
(b) order such person to be delivered to any relative or
friend of such person.
(2) No order for the detention of the accused in a lunatic
asylum shall be made under clause (a) of sub-section (1) otherwise
than in accordance with such rules as the State Government may have
made under the Indian Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or
friend shall be made under clause (b) of sub-section (1), except upon
the application of such relative or friend and on his giving security
to the satisfaction of the Magistrate or Court that the person
delivered shall-
(a) be properly taken care of and prevented from doing
injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at
such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government
the action taken under sub-section (1).
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.
963
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.
337. Procedure where lunatic prisoner is reported capable of
making his defence.If such person is detained under the provisions of
sub-section (2)of section 330 and in the case of a person detained in
a jail, the Inspector-General of Prisons, or, in the case of a person
detained in a lunatic asylum, the visitors of such asylum or any two
of them shall certify that, in his or their opinion, such person is
capable of making his defence, he shall be taken before the Magistrate
or Court, as the case may be, at such time as the Magistrate or Court
appoints, and the Magistrate or Court shall deal with such person
under the provisions of section 332 ; and the certificate of such
Inspector-General or visitors as aforesaid shall be receivable as
evidence.
338.
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;
(b) be produced for the inspection of such officer, and at
such time and places, as the State Government may direct;
(c) in the case of a person detained under sub-section (2)
of section 330, be produced when required before such
Magistrate or Court,
order such person to be delivered to such relative or friend.
964
(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 may
be, 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,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having
jurisdiction;
(d) take sufficient security for the appearance of the
accused before such Magistrate, or if the alleged offence is
non-bailable and the Court thinks it necessary so to do, send
the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before
such Magistrate.
(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.
965
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court,
by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the
Court.
(4) In this section, "Court" has the same meaning as in section
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 might
have 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 subject
to revision.
342.
Power to order costs.
342. Power to order costs. Any Court dealing with an application
made to it for filing a complaint under section 340 or an appeal under
section 341, shall have power to make such order as to costs as may be
just.
343.
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 police
report.
(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 judicial
proceeding out of which the matter has arisen, he may, if he thinks
fit, at any stage, adjourn the hearing of the case until such appeal
is 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 disposing
of 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
966
be tried summarily for giving or fabricating, as the case may be,
false evidence, take cognizance of the offence and may, after giving
the 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.
(2) In every such case the Court shall follow, as nearly as may
be practicable, the procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court
to make a complaint under section 340 for the offence, where it does
not choose to proceed under this section.
(4) Where, after any action is initiated under sub-section (1),
it is made to appear to the Court of Session or Magistrate of the
first class that an appeal or an application for revision has been
preferred or filed against the judgment or order in which the opinion
referred to in that sub-section has been expressed, it or he shall
stay further proceedings of the trial until the disposal of the appeal
or the application for revision, as the case may be, and thereupon the
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.
(2) In every such case the Court shall record the facts
constituting the offence, with the statement (if any) made by the
offender, as well as the finding and sentence.
(3) If the offence is under section 228 of the Indian Penal
Code (45 of 1860), the record shall show the nature and stage of the
judicial proceeding in which the Court interrupted or insulted was
sitting, and the nature of the interruption or insult.
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 custody
to 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.
347. When Registrar or Sub-Registrar to be deemed a Civil Court.
When the State Government so directs, any Registrar or any Sub-
Registrar appointed under the 1* * * Registration Act, 1908 (16 of
1908), shall be deemed to be a Civil Court within the meaning of
sections 345 and 346.
348.
Discharge of offender on submission of apology.
348. Discharge of offender on submission of apology. When any
Court has under section 345 adjudged an offender to punishment, or has
under section 346 forwarded him to a Magistrate for trial, for
refusing or omitting to do anything which he was lawfully required to
do or for any intentional insult or interruption, the Court may, in
its discretion, discharge the offender or remit the punishment on his
submission to the order or requisition of such Court, or on apology
being made to its satisfaction.
349.
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 exceeding
seven 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).
968
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.
(2) The provisions of Chapter XXIX shall, so far as they are
applicable, apply to appeals under this section, and the Appellate
Court may alter or reverse the finding, or reduce or reverse the
sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes
shall lie to the Court of Session for the sessions division within
which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-
Registrar deemed to be a Civil Court by virtue of a direction issued
under section 347 shall lie to the Court of Session for the sessions
division within which the office of such Registrar or Sub-Registrar is
situate.
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 (other
than 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 judicial
proceeding.
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
969
immediately after the termination of the trial or at some subsequent
time of which notice shall be given to the parties or their pleaders,-
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and
explaining the substance of the judgment in a language which
is understood by the accused or his pleader.
(2) Where the judgment
is delivered under clause (a) of sub-section (1),
the presiding officer shall cause it to be taken down in
short-hand, sign the transcript and every page thereof as
soon as it is made ready, and write on it the date of the
delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out
under clause (b) or clause (c) of sub-section (1), as the case may be,
it shall be dated and signed by the presiding officer in open Court,
and if it is not written with his own hand, every page of the judgment
shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in
clause (c) of sub-section (1), the whole judgment or a copy thereof
shall be immediately made available for the perusal of the parties or
their pleaders free of cost.
(5) If the accused is in custody, he shall be brought up to hear
the judgment pronounced.
(6) If the accused is not in custody, he shall be required by
the Court to attend to hear the judgment pronounced, except where his
personal attendance during the trial has been dispensed with and the
sentence is one of fine only or he is acquitted :
Provided that, where there are more accused than one, and one or
more of them do not attend the Court on the date on which the judgment
is to be pronounced, the presiding officer may, in order to avoid
undue delay in the disposal of the case, pronounce the judgment
notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed
to be invalid by reason only of the absence of any party or his
pleader on the day or from the place notified for the delivery
thereof, or of any omission to serve, or defect in serving, on the
parties or their pleaders, or any of them, the notice of such day and
place.
(8) Nothing in this section shall be construed to limit in any
way the extent of the provisions of section 465.
970
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,-
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination,
the decision thereon and the reasons for the decision ;
(c) shall specify the offence (if any) of which, and the
section of the Indian Penal Code (45 of 1860)or other law
under which, the accused is convicted and the punishment to
which he is sentenced ;
(d) if it be a judgment of acquittal, shall state the
offence of which the accused is acquitted and direct that he
be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of
1860), and it is doubtful under which of two sections, or under which
Of two parts of the same section, of that Code the offence falls, the
Court shall distinctly express the same, and pass judgment in the
alternative.
(3) When the conviction is for an offence punishable with death
or, in the alternative, with imprisonment for life or imprisonment for
a term of years, the judgment shall state the reasons for the sentence
awarded, and, in the case of sentence of death, the special reasons
for such sentence.
(4) When the conviction is for an offence punishable with
imprisonment for a term of one year or more, but the Court imposes a
sentence of imprisonment for a term of less than three months, it
shall record its reasons for awarding such sentence, unless the
sentence is one of imprisonment till the rising of the Court or unless
the case was tried summarily under the provisions of this Code.
(5) When any person is sentenced to death, the sentence shall
direct that he be hanged by the neck till he is dead.
(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: -
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any) ;
971
(d) the name of the accused person, and his parentage and
residence ;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;
(i) in all cases in which an appeal lies from the final
order either under section 373 or under sub-section (3) of
section 374, a brief statement of the reasons for the
decision.
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.
(3) If such conviction is set aside on appeal or otherwise, such
order shall become void.
(4) 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.
(5) The State Government may, by notification, make rules to
carry out the provisions of this section relating to the notification
of residence or change of, or absence from, residence by released
convicts.
(6) Such rules may provide for punishment for the breach thereof
and any person charged with a breach of any such rule may be tried by
a Magistrate of competent jurisdiction in the district in which the
place last notified by him as his place of residence is situated.
972
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-
(a) in defraying the expenses properly incurred in the
prosecution;
(b) in the payment to any person of compensation for any
loss or injury caused by the offence, when compensation is,
in the opinion of the Court, recoverable by such person in a
Civil Court;
(c) when any person is convicted of any offence for having
caused the death of another person or of having abetted the
commission of such an offence, in paying compensation to the
persons who are, under the Fatal Accidents Act, 1855 (13 of
1855), entitled to recover damages from the person sentenced
for the loss resulting to them from such death ;
(d) when any person is convicted of any offence which
includes theft, criminal misappropriation, criminal breach of
trust, or cheating, or of having dishonestly received or
retained, or of having voluntarily assisted in disposing of,
stolen property knowing or having reason to believe the same
to be stolen, in compensating any bona fide purchaser of such
property for the loss of the same if such property is
restored to the possession of the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal,
no such payment shall be made before the period allowed for presenting
the appeal has elapsed, or, if an appeal be presented, before the
decision of the appeal.
(3) When a Court imposes a sentence, of which fine does not form
a part, the Court may, when passing judgment, order the accused person
to pay, by way of compensation, such amount as may be specified in the
order to the person who has suffered any loss or injury by reason of
the act for which the accused person has been so sentenced.
(4) 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.
(5) At the time of awarding compensation in any subsequent civil
suit relating to the same matter, the Court shall take into account
any sum paid or recovered as compensation under this section.
973
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.
(2) In such cases, if more persons than one are arrested, the
Magistrate may, in like manner, award to each of them such
compensation, not exceeding one hundred rupees, as such Magistrate
thinks fit.
(3) All compensation awarded under this section may be recovered
as if it were a fine, and, if it cannot be so recovered, the person by
whom it is payable shall be sentenced to simple imprisonment for such
term not exceeding thirty days as the Magistrate directs, unless such
sum is sooner paid.
359.
Order to pay costs in non-cognizable cases.
359. Order to pay costs in non-cognizable cases.(1) Whenever any
complaint of a non-cognizable offence is made to a Court, the Court,
if it convicts the accused, may, in addition to the penalty imposed
upon 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 punishable
with 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 entering
into a bond with or without sureties, to appear and receive sentence
when called
974
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 High
Court, 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 provided
by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first
class as provided by sub-section (1), such Magistrate may thereupon
pass such sentence or make such order as he might have passed or made
if the case had originally been heard by him, and, if he thinks
further inquiry or additional evidence on any point to be necessary,
he may make such inquiry or take such evidence himself or direct such
inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft
in a building, dishonest misappropriation, cheating or any offence
under the Indian Penal Code(45 of 1860), punishable with not more than
two years' imprisonment or any offence punishable with fine only and
no previous conviction is proved against him, the Court before which
he is so convicted may, if it thinks fit, having regard to the age,
character, antecedents or physical or mental condition of the offender
and to the trivial nature of the offence or any extenuating
circumstances under which the offence was committed, instead of
sentencing him to any punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate
Court or by the High Court or Court of Session when exercising its
powers of revision.
(5) When an order has been made under this section in respect of
any offender, the High Court or Court of Session may, on appeal when
there is a right of appeal to such Court, or when exercising its
powers of revision, set aside such order, and in lieu thereof pass
sentence on such offender according to law:
Provided that the High Court or Court of Session shall not under
this sub-section inflict a greater punishment than might have been
inflicted by the Court by which the offender was convicted.
(6) The provisions of sections 121, 124 and 373 shall, so far as
may be, apply in the case of sureties offered in pursuance of the
provisions of this section.
975
(7) The Court, before directing the release of an offender under
sub-section (1), shall be satisfied that an offender or his surety (if
any) has a fixed place of abode or regular occupation in the place for
which the Court acts or in which the offender is likely to live during
the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which
could have dealt with the offender in respect of his original offence,
is satisfied that the offender has failed to observe any of the
conditions of his recognizance, it may issue a warrant for his
apprehension.
(9) An offender, when apprehended on any such warrant, shall be
brought forthwith before the Court issuing the warrant, and such
Court may either remand him in custody until the case is heard or
admit him to bail with a sufficient surety conditioned on his
appearing for sentence and such Court may, after hearing the case,
pass sentence.
(10) Nothing in this section shall affect the provisions of the
Probation of Offenders Act, 1958 (20 of 1958), or the Children Act,
1960 (60 of 1960), or any other law for the time being in force for
the treatment, training or rehabilitation of youthful offenders.
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,-
(a) an accused person under section 360 or under the
provisions of the Probation of Offenders Act, 1958 (20 of
1958), or
(b) a youthful offender under the Children Act, 1960 (60 of
1960), or any other law for the time being in force for the
treatment, training or rehabilitation of youthful offenders,
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.
362. Court not to after judgement. Save as otherwise provided by
this Code or by any other law for the time being in force, no Court,
when it has signed its judgment or final order disposing of a case,
shall alter or review the same except to correct a clerical or
arithmetical error.
363.
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
976
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.
(3) The provisions of sub-section (2) shall apply in relation to
an order under section 117 as they apply in relation to a judgment
which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an
appeal lies from such judgment as of right, the Court shall inform him
of the period within which, if he wishes to appeal, his appeal should
be preferred.
(5) Save as otherwise provided in sub-section (2), any person
affected by a judgment or order passed by a Criminal Court shall, on
an application made in this behalf and on payment of the prescribed
charges, be given a copy of such judgment or order or of any
deposition or other part of the record :
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, by
such rules, provide.
364.
Judgement when to be translated.
364. Judgement when to be translated. The original judgment shall
be filed with the record of the proceedings and where the original is
recorded in a language different from that of the Court and the
accused so requires, a translation thereof into the language of the
Court shall be added to such record.
365.
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.
977
(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.
(2) Unless the High Court otherwise directs, the presence of the
convicted person may be dispensed with when such inquiry is made or
such evidence is taken.
(3) When the inquiry or evidence (if any) is not made or taken
by the High Court, the result of such inquiry or evidence shall be
certified to such Court.
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-
(a) may confirm the sentence, or pass any other sentence
warranted by law, or
(b) may annul the conviction, and convict the accused of
any offence of which the Court of Session might have
convicted him, or order a new trial on the same or an amended
charge, or
(c) may acquit the accused person:
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.
369. Confirmation or new sentence to be signed by two Judges. In
every case so submitted, the confirmation of the sentence, or any new
sentence or order passed by the High Court, shall, when such Court
consists of two or more Judges, be made, passed and signed by at least
two of them.
370.
Procedure in case of difference of opinion.
370. Procedure in case of difference of opinion. Where any such
case is heard before a Bench of Judges and such judges are equally
divided in opinion, the case shall be decided in the manner provided
by section 392.
371.
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 High
Court 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.
978
CHAP
APPEALS.
CHAPTER XXIX
APPEALS
372.
No appeal to lie, unless otherwise provided.
372. No appeal to lie, unless otherwise provided. No appeal shall
lie from any judgment or order of a Criminal Court except as provided
for by this Code or any other law for the time being in force.
373.
Appeal from orders requiring security or refusal to accept
orrejecting
surety 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,-
(i) who has been ordered under section 117 to give security
for keeping the peace or for good behaviour, or
(ii) who is aggrieved by any order refusing to accept or
rejecting a surety under section 121,
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,-
(a) convicted on a trial held by a Metropolitan Magistrate
or Assistant Sessions Judge or Magistrate of the first class,
or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence
has been passed under section 360 by any Magistrate,
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).
-----------------------------------------------------------------------
979
(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: -
(a) where a High Court passes only a sentence of
imprisonment for a term not exceeding six months or of fine
not exceeding one thousand rupees, or of both such
imprisonment and fine ;
(b) where a Court of Session or a Metropolitan Magistrate
passes only a sentence of imprisonment for a term not
exceeding three months or of fine not exceeding two hundred
rupees, or of both such imprisonment and fine ;
(c) where a Magistrate of the first class passes only a
sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate
empowered to act under section 260 passes only a sentence of
fine not exceeding two hundred rupees:
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-
(i) that the person convicted is ordered to furnish
security to keep the peace; or
(ii) that a direction for imprisonment in default of payment
of fine is included in the sentence ; or
(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
980
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 provided
in 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 High
Court 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.
380. Special right of appeal in certain cases. Notwithstanding
anything contained in this Chapter, when more persons than one are
convicted in one trial, and an appealable judgment or order has been
passed in respect of any of such persons, all or any of the persons
convicted at such trial shall have a right of appeal.
381.
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.
382. Petition of appeal. Every appeal shall be made in the form
of a petition in writing presented by the appeallant or his pleader,
and every such petition shall (unless the Court to which it is
presented otherwise directs) be accompanied by a copy of the judgment
or order appealed against.
383.
Procedure when appellant in jail.
383. Procedure when appellant in jail. If the appellant is in
jail, he may present his petition of appeal and the copies
accompanying the same to the officer in charge of the jail, who shall
thereupon forward such petition and copies to the proper Appellate
Court.
384.
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-
(a) no appeal presented under section 382 shall be
dismissed unless the appellant or his pleader has had a
reasonable opportunity of being heard in support of the same
;
(b) no appeal presented under section 383 shall be
dismissed except after giving the appellant a reasonable
opportunity of being
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.
(2) Before dismissing an appeal under this section, the Court
may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this
section is a Court of Session or of the Chief Judicial Magistrate, it
shall record its reasons for doing so.
(4) Where an appeal presented under section 383 has been
dismissed summarily under this section and the Appellate Court finds
that another petition of appeal duly presented under section 382 on
behalf of the same appellant has not been considered by it, that Court
may, notwithstanding anything contained in section 393, if satisfied
that it is necessary in the interests of justice so to do, hear and
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-
(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in
this behalf ;
(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.
(2) The Appellate Court shall then send for the record of the
case, if such record is not already available in that Court, and hear
the parties :
Provided that if the appeal is only as to the extent or the
legality of the sentence, the Court may dispose of the appeal without
sending for the record.
(3) Where the only ground for appeal from a conviction is the
alleged severity of the sentence, the appellant shall not, except with
the leave of the Court, urge or be heard in support of any other
ground.
983
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;
(b) in an appeal from a conviction-
(i) reverse the finding and sentence and acquit or
discharge the accused, or order him to be re-tried by a
Court of competent jurisdiction subordinate to such
Appellate Court or committed for trial, or
(ii) alter the finding, maintaining the sentence, or
(iii) with or without altering the finding, alter
the nature or the extent, or the nature and extent, of
the sentence, but not so as to enhance the Same;
(c) in an appeal for enhancement of sentence-
(i) reverse the finding and sentence and acquit or
discharge the accused or order him to be re-tried by a
Court competent to try the offence, or
(ii) alter the finding maintaining the sentence, or
(iii) with or without altering the finding, alter
the nature or the extent, or the nature and extent, of
the sentence, so as to enhance or reduce the same ;
(d) in an appeal from any other order, alter or reverse
such order;
(e) make any amendment or any consequential or incidental
order that may be just or proper ;
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-
984
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 may
be 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,-
(i) where such person, being on bail, is sentenced to
imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been
convicted is a bailable one, and he is on bail,
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.
985
390.
Arrest of accused in appeal from acquittal.
390. Arrest of accused in appeal from acquittal. When an appeal
is presented under section 378, the High Court may issue a warrant
directing that the accused be arrested and brought before it or any
subordinate Court, and the Court before which he is brought may commit
him to prison pending the disposal of the appeal or admit him to bail.
391.
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.
(2) When the additional evidence is taken by the Court of
Session or the Magistrate, it or he shall certify such evidence to the
Appellate Court, and such Court shall thereupon proceed to dispose of
the appeal.
(3) The accused or his pleader shall have the right to be
present when the additional evidence is taken.
(4) The taking of evidence under this section shall be subject
to the provisions of Chapter XXIII, as if it were an inquiry.
392.
Procedure where Judges of Court of Appeal are equally divided.
392. Procedure where Judges of Court of Appeal are equally
divided. When an appeal under this Chapter is heard by a High Court
before a Bench of Judges and they are divided in opinion, the appeal,
with their opinions, shall be laid before another Judge of that Court,
and that Judge, after such hearing as he thinks fit, shall deliver his
opinion, and the judgment or order shall follow that opinion:
Provided that if one of the Judges constituting the Bench, or,
where the appeal is laid before another Judge under this section, that
Judge, so requires, the appeal shall be re-heard and decided by a
larger Bench of Judges.
393.
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 appeal
against conviction in any case, the Appellate Court may hear and
dispose of, oil the merits,-
(a) an appeal against acquittal under section 378, arising
out of the same case, or
(b) an appeal for the enhancement of sentence under section
377, arising out of the same case.
986
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 during
the 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 validity
of 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.
(2) A Court of Session or a Metropolitan Magistrate may, if it
or he thinks fit in any case pending before it or him to which the
provisions of sub-section (1) do not apply, refer for the decision of
the High Court any question of law arising in the hearing of such
case.
(3) Any Court making a reference to the High Court under sub-
section (1) or sub-section (2) may, pending the decision of the High
Court thereon, either commit the accused, to jail or release him on
bail to appear when called upon.
987
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.
(2) The powers of revision conferred by sub-section (1) shall
not be exercised in relation to any interlocutory order passed in any
appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any
person either to the High Court or to the Sessions Judge, no further
application by the same person shall be entertained by the other of
them.
398.
Power to order inquiry.
398. Power to order inquiry. On examining any record under
section 397 or otherwise, the High Court or the Sessions Judge may
direct the Chief Judicial Magistrate by himself or by any of the
Magistrate subordinate to him to make, and the Chief Judicial
Magistrate may himself make or direct any subordinate Magistrate to
make, further inquiry into any complaint which has been dismissed
under section 203 or sub-section (4) of section 204, or into the case
of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this
section for inquiry into the case of any person who has been
discharged unless such person has had an opportunity of showing cause
why such direction should not be made.
988
399.
Sessions Judge's powers of revision.
399. Sessions Judge's powers of revision. (1) In the case of any
proceeding 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.
(2) Where any proceeding by way of revision is commenced before
a Sessions Judge under sub-section (1), the provisions of sub-sections
(2), (3), (4) and (5) of section 401 shall, so far as may be, apply to
such proceeding and references in the said sub-sections to the High
Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf
of an person before the Sessions Judge, the decision of the Sessions
Judge thereon in relation to such person shall be final and no further
proceeding by Way of revision at the instance of such person shall be
entertained by the High Court or any other Court.
400.
Power of Additional Sessons Judge.
400. Power of Additional Sessons Judge. An Additional Sessions
Judge shall have and may exercise all the powers of a Sessions
Judge under this Chapter in respect of any case which may be
transferred to him by or under any general or special order of the
Sessions Judge.
401.
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 equally
divided in opinion, the case shall be disposed of in the manner
provided by section 392.
(2) No order under this section shall be made to the prejudice
of the accused or other person unless he has had an opportunity of
being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High
Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is
brought, no proceeding by way of revision shall be entertained at the
instance of the party who could have appealed.
(5) Where under this Code tan appeal lies but an application
for revision has been made to the High Court by any person and the
High Court Is satisfied that such application was made under the
erroneous belief that no appeal lies thereto and that it is necessary
in the interests of justice
989
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.
(1) Whenever one or more persons convicted at the same trial makes or
make application to a High Court for revision and any other person
convicted at the same trial makes an application to the Sessions Judge
for revision, the High Court shall decide, having regard to the
general convenience of the parties and the importance of the questions
involved, which of the two Courts should finally dispose of the
applications for revision and when the High Court decides that all the
applications for revision should be disposed of by itself, the High
Court shall direct that the applications for revision pending before
the Sessions Judge be transferred to itself and where the High Court
decides that it is not necessary for it to dispose of the applications
for revision, it shall direct that the applications for revision made
to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the
High Court, that Court shall deal with the same as if it were an
application duly made before itself.
(3) Whenever any application for revision is transferred to the
Session Judge, that Judge shall deal with the same as if it were an
application duly made before himself.
(4) Where an application for revision is transferred by the High
Court to the Sessions Judge, no further application for revision shall
lie to the High Court or to any other Court at the instance of the
person or persons whose applications for revision have been disposed of
by the Session Judge.
403.
Option of Court to hear parties.
403. Option of Court to hear parties. Save as otherwise
expressly provided by this Code, no party has any right to be heard
either personally or by pleader before any Court exercising its powers
of revision; but the Court may, if it thinks fit, when exercising such
powers, hear any party either personally or by pleader.
404.
Statement by Metropolitan Magistrate of ground of his decision to
beconsidered by High Court.
404. Statement by Metropolitan Magistrate of ground of his
decision to be considered by High Court. When the record of any trial
held by a Metropolitan Magistrate is called for by the High Court or
Court of Session under section 397, the Magistrate may submit with the
record a statement setting forth the grounds of his decision or order
and any facts which he thinks material to the issue ; and the Court
shall consider such statement before overruling or setting aside the
said decision or order.
990
405.
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, certify
its 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 High
Court 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 opposed
the 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-
(a) that a fair and impartial inquiry or trial cannot be
had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is
likely to arise, or
(c) that an order under this section is required by any
provision of this Code, or will tend to the general
convenience of the parties or witnesses, or is expedient for
the ends of justice,
991
it may order-
(i) that any offence be inquired into or tried by any Court
not qualified under sections 177 to 185 (both inclusive), but
in other respects competent to inquire into or try such
offence;
(ii) that any particular case or appeal, or class of cases
or appeals, be transferred from a Criminal Court subordinate
to its authority to any other such Criminal Court of equal or
superior jurisdiction ;
(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.
(2) The High Court may act either on the report of the lower
Court, or on the application of a party interested, or on its own
initiative :
Provided that no application shall lie to the High Court for
transferring a case from one Criminal Court to another Criminal Court
in the same sessions division, unless an application for such transfer
has been made to the Sessions Judge and rejected by him.
(3) Every application for an order under sub-section (1) shall
be made by motion, which shall, except when the applicant is the
Advocate-General of the State, be supported by affidavit or
affirmation.
(4) When such application is made by an accused person, the High
Court may direct him to execute a bond, with or without sureties, for
the payment of any compensation which the High Court may award under
sub-section (7).
(5) Every accused person making such application shall give to
the Public Prosecutor notice in writing of the application, together
with copy of the grounds on which it is made; and no order shall be
made on of the merits of the application unless at least twenty-four
hours have elapsed between the giving of such notice and the hearing
of the application.
(6) Where the application is for the transfer of a case or
appeal from any subordinate Court, the High Court may, if it is
satisfied that it is necessary so to do in the interests of justice,
order that, pending the disposal of the application, the proceedings
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.
992
(7) Where an application for an order under sub-section (1) is
dismissed, the High 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 opposed the application such
sum not exceeding one thousand rupees as it may consider proper in
the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case
be transferred from any Court for trial before itself, it shall
observe in such trial the same procedure which that Court would have
observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order
of Government under section 197.
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.
(2) The Sessions Judge may act either on the report of the lower
Court, or on the application of a party interested, or on his own
initiative.
(3) The provisions of sub-sections (3), (4), (5), (6), (7) and
(9) of section 407 shall apply in relation to an application to the
Sessions Judge for an order under sub-section (1) as they apply in
relation to an application to the High Court for an order under
subsection (1) of section 407, except that sub-section (7) of that
section shall so apply as if for the words "one thousand rupees"
occurring therein, the words "two hundred and fifty rupees" were
substituted.
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.
993
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 may
inquire into or try such case himself, or refer it for inquiry or
trial to any other such Magistrate competent to inquire into or try
the 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-
(a) make over, for disposal, any proceeding which has been
started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has
made over to, any Magistrate subordinate to him, and dispose
of such proceeding himself or refer it for disposal to any
other Magistrate.
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.
413. Execution of order passed under section 368. When in a case
submitted to the High Court for the confirmation of a sentence of
death, the Court of Session receives the order of confirmation or
other order of the High Court thereon , it shall cause such order to
be carried into effect by issuing a warrant or taking such other steps
as may be necessary.
414.
Execution of sentence of death passed by High Court.
414. Execution of sentence of death passed by High Court. When a
sentence of death is passed by the High Court in appeal or in
revision, the Court of Session shall, on receiving the order of the
High Court, cause the sentence to be carried into effect by issuing a
warrant.
415.
Postponement of execution sentence of death in case of appeal
toSupreme
Court.
415. Postponement of execution sentence of death in case of
appeal to Supreme Court. (1) Where a person is sentenced to death by
the High Court and an appeal from its judgment lies to the Supreme
Court under subclause (a) or sub-clause (b) of clause (1) of article
134 of the Constitution.
994
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.
(2) Where a sentence of death is passed or confirmed by the High
Court, and the person sentenced makes an application to the High
Court for the grant of a certificate under article 132 or under sub-
clause (c) of clause (1) of article 134 of the Constitution, the High
Court shall order the execution of the sentence to be postponed until
such application is disposed of by the High Court, or if a certificate
is granted on such application, until the period allowed for
preferring an appeal to the Supreme Court on such certificate has
expired.
(3) Where a sentence of death is passed or confirmed by the High
Court, and the High Court is satisfied that the person sentenced
intends to present a petition to the Supreme Court for the grant of
special leave to appeal under article 136 of the Constitution, the
High Court shall order the execution of the sentence to be postponed
for such period as it considers sufficient to enable him to present
such petition.
416.
Postponement of capital sentence pregnant woman.
416. Postponement of capital sentence pregnant woman. If a woman
sentenced to death is found to be pregnant, the High Court shall order
the execution of the sentence to be postponed, and may, if it thinks
fit, commute the sentence to imprisonment for life.
B.-Imprisonment
417.
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.
(2) If any person liable to be imprisoned or committed to
custody under this Code is in confinement in a civil jail, the Court
or Magistrate ordering the imprisonment or committal may direct that
the person be removed to a criminal jail.
(3) When a person is removed to a criminal jail under sub-
section (2), he shall, on being released therefrom, be sent back
to the civil jail, unless either-
(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 passing
the 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.
419. Direction of warrant for execution. Every warrant for the
execution of a sentence of imprisonment shall be directed to the
officer in charge of the jail or other place in which the prisoner is,
or is to be, confined.
420.
Warrant with whom to be lodged.
420. Warrant with whom to be lodged. When the prisoner is to be
confined in a jail, the warrant shall be lodged with the jailor.
C.-Levy of fine
421.
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-
(a) issue a warrant for the levy of the amount by
attachment and sale of any movable property belonging to the
offender;
996
(b) issue a warrant to the Collector of the district,
authorising him to realise the amount as arrears of land
revenue from the movable or immovable property, or both, of
the defaulter:
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.
(2) The State Government may make rules regulating the manner In
which warrants under clause (a) of sub-section (1) are to be executed,
and for the summary determination of any claims made by any person
other than the offender in respect of any property attached in
execution of such warrant.
(3) Where the Court issues a warrant to the Collector under
clause (b) of sub-section (1), the Collector shall realise the
amount in accordance with the law relating to recovery of arrears of
land revenue, as if such warrant were a certificate issued under such
law :
Provided that no such warrant shall be executed by the arrest or
detention in prison of the offender.
422.
Effect of such warrant.
422. Effect of such warrant. A warrant issued under clause (a) of
sub-section (1) of section 421 by any Court may be executed within the
local jurisdiction of such Court, and it shall authorise the
attachment and sale of any such property outside such jurisdiction,
when it is endorsed by the District Magistrate within whose local
jurisdiction such property is found.
423.
Warrant for levy of fine issued by a Court in any territory to whichthis
Code
does not extend.
423. Warrant for levy of fine issued by a Court in any territory
to which this Code does not extend. Notwithstanding anything contained
in this Code or in any other law for the time being in force, when an
offender has been sentenced to pay a fine by a Criminal Court in any
territory to which this Code does not extend and the Court passing the
sentence issues a warrant to the Collector of a district in the
territories to which this Code extends, authorising him to realise the
amount as if it were an arrear of land revenue, such warrant shall be
deemed to be a warrant issued under clause (b) of sub-section (1) of
section 421 by a Court in the territories to which this Code extends,
and the provisions of sub-section (3) of the said section, as to the
execution of such warrant shall apply accordingly.
997
424.
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-
(a) order that the fine shall be payable either in full on
or before a date not more than thirty days from the date of
the order, or in two or three instalments, of which the first
shall be payable on or before a date not more than thirty
days from the date of the order and the other or others at an
interval or at intervals, as the case may be, of not more
than thirty days ;
(b) suspend the execution of the sentence of imprisonment
and release the offender, on the execution by the offender of
a bond, with or without sureties, as the Court thinks fit,
conditioned for his appearance before the Court on the date
or dates on or before which payment of the fine or the
instalments thereof, as the case may be, is to be made; and
if the amount of the fine or of any instalment, as the case
may be, is not realised on or before the latest date on which
it is payable under the order, the Court may direct the
sentence of imprisonment to be carried into execution at
once.
(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
(2) When a sentence of imprisonment for a term is passed under
this Code on an escaped convict,-
(a) if such sentence is severer in kind than the sentence
which such convict was undergoing when he escaped, the new
sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the
sentence which such convict was undergoing when he escaped,
the new sentence shall take effect after he has suffered
imprisonment for a further period equal to that which, at the
time of his escape, remained unexpired of his former
sentence.
(3) For the purposes of sub-section (2), a sentence of rigorous
imprisonment shall be deemed to be severer in kind than a sentence of
simple imprisonment.
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
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1 Ins. by Act 45 of 1978, s. 31 (w.e.f. 18-12-1978).
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999
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 person
undergoing 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.
430. Return of warrant on execution sentence. When a sentence has
been fully executed, the officer executing it shall return the warrant
to the Court from which it is issued, with an endorsement under his
hand certifying the manner in which the sentence has been executed.
431.
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-
1000
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 special
orders 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-
(a) where such petition is made by the person sentenced, it
is presented through the officer in charge of the jail ; or
(b) where such petition is made by any other person, it
contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to
any order passed by a Criminal Court under any section of this Code or
of any other law which restricts the liberty of any person or imposes
any liability upon him or his property.
(7) In this section and in section 433, the expression
"appropriate Government" means,-
(a) in cases where the sentence is for an offence against,
or the order referred to in sub-section (6) is passed under,
any law relating to a matter to which the executive power of
the Union extends, the Central Government ;
(b) in other cases, the Government of the State within
which the offender is sentenced or the said order is passed.
1001
433.
Power to commute sentence.
433. Power to commute sentence. The appropriate Government may,
without the consent of the person sentenced, commute-
(a) a sentence of death, for any other punishment
provided by the Indian Penal Code;
(b) a sentence of imprisonment for life, for
imprisonment for a term not exceeding fourteen years or for
fine ;
(c) a sentence of rigorous imprisonment, for simple
imprisonment for any term to which that person might have
been sentenced, or for fine ;
(d) a sentence of simple imprisonment, for fine.
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.
434. Concurrent power of Central Government in case of death
sentences. The powers conferred by sections 432 and 433 upon the State
Government may, in the case of sentences of death, also be exercised
by the Central Government.
435.
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).
----------------------------------------------------------------------
1002
(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)
----------------------------------------------------------------------
1003
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 any
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 other than the High Court or Court of Session, he may be
released on bail, but-
(i) such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of
an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is
a cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a non-
bailable and cognizable offence:
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-
(a) in order to ensure that such person shall attend in
accordance with the conditions of the bond executed under
this Chapter,or
(b) in order to ensure that such person shall not commit an
offence similar to the offence of which he is accused or of
the commission of which he is suspected, or
(c) otherwise in the interests of justice.
(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).
----------------------------------------------------------------------
1004
(5) Any Court which has released a person on bail under sub-
section (1) or sub-section (2), may, if it considers it necessary
so to do, direct that such person be arrested and commit him to
custody.
(6) If, in any case triable by a Magistrate, the trial of a
person accused of any non-bailable offence is not concluded within a
period of sixty days from the first date fixed for taking evidence in
the case, such person shall, if he is in custody during the whole of
the said period, be released on bail to the satisfaction of the
Magistrate, unless for reasons to be recorded in writing, the
Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a
person accused of a non-bailable offence and before judgment is
delivered, the Court is of opinion that there are reasonable grounds
for believing that the accused is not guilty of any such offence, it
shall release the accused, if he is in custody, on the execution by
him of a bond without sureties for his appearance to hear judgment
delivered.
438.
Direction for grant of bail to person apprehending arrest.
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on
an accusation of having committed a non-bailable offence, he may apply
to the High Court or the Court of Session for a direction under this
section ; and that Court may, if it thinks fit, direct that in the
event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a
direction under sub-section (1), it may include such conditions in
such directions in the light of the facts of the particular case, as
it may think fit, including-
(i) a condition that the person shall make himself
available for interrogation by a police officer as and when
required;
(ii) a condition that the person shall not, directly or
indirectly, make any inducement, threat or promise to any
person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to
any police officer;
(iii) a condition that the person shall not leave India
without the previous permission of the Court ;
(iv) such other condition as may be imposed under sub-
section (3) of section 437, as if the bail were granted under
that section.
(3) If such person is thereafter arrested without warrant by an
officer in charge of a police station on such accusation, and is
prepared either at the time of arrest or at any time while in the
custody of such officer to give bail, be shall be released on bail;
and if a Magistrate taking cogniz-
1005
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-
(a) that any person accused of an offence and in custody be
released on bail, and if the offence is of the nature
specified in subsection (3) of section 437, may impose any
condition which it considers necessary for the purposes
mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when
releasing an person on bail be set aside or modified :
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 person
who 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.
(2) Where any condition, is imposed for the release of any
person on bail, the bond shall also contain that condition.
1006
(3) If the case so requires, the bond shall also bind the person
released on bail to appear when called upon at the High Court, Court
of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit
or sufficient, the Court may accept affidavits in proof of the facts
contained therein relating to the sufficiency or fitness of the
sureties, or, if it considers necessary, may either, hold an inquiry
itself or cause an inquiry to be made by a Magistrate subordinate to
the Court, as to such sufficiency or fitness.
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.
443. Power to order sufficient bail when that first taken is
insufficient. If, through mistake, fraud, or otherwise, insufficient
sureties have been accepted, or if they afterwards become
insufficient, the Court may issue a warrant of arrest directing that
the person released on bail be brought before it and may order him to
find sufficient sureties, and, on his failing so to do, may commit him
to jail.
444.
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.
(2) On such application being made, the Magistrate shall issue
his warrant of arrest directing that the person so released be brought
before him.
(3) On the appearance of such person pursuant to the warrant, or
on his voluntary surrender, the Magistrate shall direct the bond to be
discharged either wholly or so far as relates to the applicants, and
shall call upon such person to find other sufficient sureties, and, if
he fails to do so, may commit him to jail.
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
1007
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.
(4) Where a surety to a bond dies before the bond is forfeited,
his estate shall be discharged from all liability in respect of the
bond.
(5) Where any person who has furnished security under section
106 or section 117 or section 360 is convicted of an offence the
commission of which constitutes a breach of the conditions of his
bond, or of a bond executed in lieu of his bond under section 448, a
certified copy of the judgment of the Court by which he was convicted
of such offence may be used as evidence in proceedings under this
section against his surety or sureties, and, ;if such certified copy
is so used, the Court shall presume that such offence was committed by
him unless the contrary is proved.
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-
(a) the bond executed by such person as well as the bond,
if any, executed by one or more of his sureties in that case
shall stand cancelled; and
(b) thereafter no such person shall be released only on his
own bond in that case, if the Police Officer or the Court, as
the case may be, for appearance before whom the bond was
executed, is satisfied that there was no sufficient cause for
the failure of the person bound by the bond to comply with
its condition:
Provided that subject to any other provision of this Code he may
be 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.
447. Procedure in case of insolvency or death of surety or when a
bond is forfeited. When any surety to a bond under this Code becomes
insolvent or dies, or when any bond is forfeited under the provisions
of section 446, the Court by whose order such bond was taken, or a
Magistrate of the first class may order the person from whom such
security was demanded to furnish fresh security in accordance with the
directions of the original
---------------------------------------------------------------------
1. Added by Act 63 of 1980, s.6 (w.e.f. 23-09-1980).
2. Ins. by s.7, ibid. (w.e.f. (23-09-1980).
---------------------------------------------------------------------
1008
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.
448. Bond required from minor. When the person required by any
Court, or officer to execute a bond is a minor, such Court or offer
may accept, in lieu thereof, a bond executed by a surety or sureties
only.
449.
Appeal from orders under section 446.
449. Appeal from orders under section 446. All orders passed
under section 446 shall be appealable,-
(i) in the case of an order made by a Magistrate, to the
Sessions Judge ;
(ii) in the case of an order made by a Court of Session, to
the Court to which an appeal lies from an order made by such
Court.
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 levy
the 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-
(a) property of any kind or document which is produced
before the Court or which is in its custody,
(b) any property regarding which an offence appears to
have been committed or which appears to have been used for
the commission of any offence.
1009
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, by
destruction, 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.
(2) An order may be made under sub-section (1) for the delivery
of any property to any person claiming to be entitled to the
possession thereof, without any condition or on condition that he
executes a bond, with or without sureties, to the satisfaction of the
Court, engaging to restore such property to the Court if the order
made under sub-section (1) is modified or set aside on appeal or
revision.
(3) A Court of Session may, instead of itself making an order
under sub-section (1), direct the property to be delivered to the
Chief Judicial Magistrate, who shall thereupon deal with it in the
manner provided in sections 457, 458 and 459.
(4) Except where the property is livestock or is subject to
speedy and natural decay, or where a bond has been executed in
pursuance of subsection (2), an order made under sub-section (1) shall
not be carried out for two months, or when an appeal is presented,
until such appeal has been disposed of.
(5) In this section, the term "property" includes, in the case
of property regarding which an offence appears to have been committed,
not only such property as has been originally in the possession or
under the control of any party, but also any property into or for
which the same may have been converted or exchanged, and anything
acquired by such conversion or exchange, whether immediately or
otherwise.
453.
Payment to innocent purchaser of money found on accused.
453. Payment to innocent purchaser of money found on accused.
When any person is convicted of any offence which includes, or amounts
to, theft or receiving stolen property, and it is proved that any
other person bought the stolen property from him without knowing or
having reason to believe that the same was stolen, and that any money
has on his arrest been taken out of the possession of the convicted
person, the Court may, on the application of such purchaser and on the
restitution of the stolen property to the person entitled to the
possession thereof, order that out of such money a sum not exceeding
the price paid by such purchaser be delivered to him.
1010
454.
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.
(2) On such appeal, the Appellate Court may direct the order to
be stayed pending disposal of the appeal, or may modify, alter or
annul the order and make any further orders that may be just.
(3) The powers referred to in sub-section (2) may also be
exercised by a Court of appeal, confirmation or revision while dealing
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.
(2) Where the Court trying the offence has not made an order
under sub-section (1), the Court of appeal, confirmation or revision
may, if it thinks fit, make such order while disposing of the appeal,
reference or revision, as the case may be.
(3) Where an order has been made under sub-section (1), the pro-
visions of section 454 shall apply in relation thereto as they apply
in relation to an order under section 453.
(4) No order made under this section shall prejudice any right
or interest to or in such immovable property which any person may be
able to establish in a civil suit.
1011.
457.
Procedure by police upon seizure of property.
457. Procedure by police upon seizure of property. (1) Whenever
the seizure of property by any police officer is reported to a
Magistrate under the provisions of this Code, and such property is not
produced before a Criminal Court during an inquiry or trial, the
Magistrate may make such order as he thinks fit respecting the
disposal of such property or the delivery of such property to the
person entitled to the possession thereof, or if such person cannot be
ascertained, respecting the custody and production of such property.
(2)If the person so entitled is known, the Magistrate may order
the property to be delivered to him on such conditions (if any) as the
Magistrate thinks fit and if such person is unknown, the Magistrate
may detain it and shall, in such case, issue a proclamation specifying
the articles of which such property consists, and requiring any person
who may have a claim thereto, to appear before him and establish his
claim within six months from the date of such proclamation.
458.
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 any
Magistrate not empowered by law to do any of the following things,
namely:-
(a) to issue a search-warrant under section 94;
1012
(b) to order, under section 155, the police to investigate
an offence;
(c) to hold an inquest under section 176;
(d) to issue process under section 187, for the
apprehension of a person within his local jurisdiction who
has committed an offence outside the limits of such
jurisdiction ;
(e) to take cognizance of an offence under clause (a) or
clause (b) of sub-section (1) of section 190 ;
(f) to make over a case under sub-section (2) of section
192;
(g) to tender a pardon under section 306 ;
(h) to recall a case and try it himself under section 410 ;
or
(i) to sell property under section 458 or section 459,
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:-
(a) attaches and sells property under section 83;
(b) issues a search-warrant for a document, parcel or other
thing in the custody of a postal or telegraph authority;
(c) demands security to keep the peace;
(d) demands security for good behaviour;
(e) discharges a person lawfully bound to be of good
behaviour;
(f) cancels a bond to keep the peace ;
(g) makes an order for maintenance ;
(h) makes an order under section 133 as to a local nuisance;
(i) prohibits, under section 143, the repetition or
continuance of a public nuisance ;
(j) makes an order under Part C or Part D of Chapter X;
(k) takes cognizance of an offence under clause (c) of sub-
section (1) of section 190
(l) tries an offender;
(m) tries an offender summarily;
(n) passes a sentence, under section 325, on proceedings
recorded by another Magistrate;
1013
(o) decides an appeal;
(p) calls, under section 397, for proceedings ; or
(q) revises an order passed under section 446, his
proceedings shall be void.
462.
Proceedings in wrong place.
462. Proceedings in wrong place. No finding, sentence or order of
any Criminal Court shall be set aside merely on the ground that the
inquiry, trial or other proceedings in the course of which it was
arrived at or passed, took place in a wrong sessions division,
district, sub-division or other local area, unless it appears that
such error has in fact occasioned a failure of justice.
463.
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 competent
jurisdiction 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-
(a) in the case of an omission to frame a charge, order
that a charge be framed and that the trial be recommended
from the point immediately after the framing of the charge ;
(b) in the case of an error, omission or irregularity in
the charge, direct a new trial to be had upon a charge framed
in whatever manner it thinks fit:
1014
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.
467. Definitions. For the purposes of this Chapter, unless the
context otherwise requires, " period of limitation " means the period
specified in section 468 for taking cognizance of an offence.
468.
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.
---------------------------------------------------------------------
1015
(b) one year, if the offence is punishable with
imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with
imprisonment for term exceeding one year but not exceeding
three years.
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,-
(a) on the date of the offence ; or
(b) where the commission of the offence was not known to
the person aggrieved by the offence or to any police officer,
the first day on which such offence comes to the knowledge of
such person or to any police officer, whichever is earlier ;
or
(c) where it is not known by whom the offence was
committed, the first day on which the identity of the
offender is known to the person aggrieved by the offence or
to the police officer making investigation into the offence,
whichever is earlier.
(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 computing
the 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).
---------------------------------------------------------------------
1016
(3) Where notice of prosecution for an offence has been given,
or where, under any law for the time being in force, the previous
consent or sanction of the Government or any other authority is
required for the institution of any prosecution for an offence, then,
in computing the period of limitation, the period of such notice or,
as the case may be, the time required for obtaining such consent or
sanction shall be excluded.
Explanation.-In computing the time required for obtaining the
consent or sanction of the Government or any other authority, the date
on which the application was made for obtaining the consent or
sanction and the date of receipt of the order of the Government or
other authority shall both be excluded.
(4) In computing the period of limitation, the time during which
the offender-
(a) has been absent from India or from any territory
outside India which is under the administration of the
Central Government, or
(b) has avoided arrest by absconding or concealing himself,
shall be excluded.
471.
Exclusion of date on which Court is closed.
471. Exclusion of date on which Court is closed. Where the period
of limitation expires on a day when the Court is closed, the Court may
take cognizance on the day on which the Court reopens.
Explanation.-A Court shall be deemed to be closed on any day
within the meaning of this section, if, during its normal working
hours, it remains closed on that day.
472.
Continuing offence.
472. Continuing offence. In the case of a continuing offence, a
fresh period of limitation shall begin to run at every moment of the
time during which the offence continues.
473.
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 expiry
of the period of limitation, if it is satisfied on the facts and in
the circumstances of the case that the delay has been properly
explained or that it is necessary so to do in the interests of
justice.
1017
CHAP
MISCELLANEOUS.
CHAPTER XXXVII
MISCELLANEOUS
474.
Trials before High Courts.
474. Trials before High Courts. When an offence is tried by the
High Court otherwise than under section 407, it shall, in the trial of
the offence, observe the same procedure as a Court of Session would
observe if it were trying the case.
475.
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-
(a) "unit" includes a regiment, corps, ship, detachment,
group, battalion or company,
(b) "Court-martial" includes any tribunal with the powers
similar to those of a Court-martial constituted under the
relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application
for that purpose by the commanding officer of any unit or body of
soldiers, sailors or airmen stationed or employed at any such place,
use his utmost endeavours to apprehend and secure any person accused
of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner
detained in any jail situate within the State be brought before a
Court-martial for trial or to be examined touching any matter pending
before the Court-martial.
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
1018
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-
(a) as to the persons who may be permitted to act as
petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the
conduct of business by them, and the scale of fees to be
charged by them ;
(c) providing a penalty for a contravention of any of the
rules so made and determining the authority by which such
contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, or may be,
prescribed.
(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.
478. Power to alter functions allocated to Executive Magistrates
in certain cases. 1*[If the Legislative Assembly of a State by a
resolution so permits, the State Government may, after consultation
with the High Court, by notification, direct that references in
sections 108, 109,110, 145 and 147 to an Executive Magistrate shall be
construed as references to a Judicial Magistrate of the first class.]
479.
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 any
case 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).
---------------------------------------------------------------------
1019
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.
480. Practising pleader not to sit as Magistrate in certain
Courts. No pleader who practises in the Court of any Magistrate shall
sit as a Magistrate in that Court or in any Court within the local
jurisdiction of that Court.
481.
Public servant concerned in sale not to purchase or bid for property.
481. Public servant concerned in sale not to purchase or bid for
property. A public servant having any duty to perform in connection
with the sale of any property under this Code shall not purchase or
bid for the property.
482.
Saving of inherent powers of High Court.
482. Saving of inherent powers of High Court. Nothing in this
Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to
any order under this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice.
483.
Duty of High Court to exercise continuous superintendence over Courtsof
Judicial Magistrates.
483. Duty of High Court to exercise continuous superintendence
over Courts of Judicial Magistrates. Every High Court shall so
exercise its superintendence over the Courts of Judicial Magistrates
subordinate to it as to ensure that there is an expeditious and proper
disposal of cases by such Magistrates.
484.
Repeal and savings.
484. Repeal and savings. (1) The Code of Criminal Procedure,
1898 (5 of 1898), is hereby repealed.
(2) Notwithstanding such repeal,-
(a) if, immediately before the date on which this Code comes into
force, there is any appeal, application, trial, inquiry or inves-
tigation pending, then, such appeal, application, trial, inquiry or
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;
1020
(b) all notifications published, proclamations issued, powers
conferred, forms prescribed, local jurisdictions defined, sentences
passed and orders, rules and appointments, not being appointments as
Special Magistrates, made under the Old Code and which are in force
immediately before the commencement of this Code shall be deemed,
respectively, to have been published, issued, conferred, prescribed,
defined, passed or made under the corresponding provisions of this
Code ;
(c) any sanction accorded or consent given under the Old Code in
pursuance of which no proceeding was commenced under that Code, shall
be deemed to have been accorded or given under the corresponding
provisions of this Code and proceedings may be commenced under this
Code in pursuance of such sanction or consent ;
(d) the provisions of the Old Code shall continue to apply in
relation to every prosecution against a Ruler within the meaning to
article 363 of the Constitution.
(3) Where the period prescribed for an application or other
proceeding under the Old Code had expired on or before the
commencement of this Code, nothing in this Code shall be construed as
enabling any such application to be made or proceeding to be commenced
under this Code by reason only of the fact that a longer period
therefor is prescribed by this Code or provisions are made in this
Code for the extension of time.
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 offence
is 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 the
abetment.
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-cognizable
iracy. 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 Imprisonment for life, or impr-
offences against the State. sonment for 10 years and fine.
122 Collecting arms, etc., with Imprisonment for life, or impr-
the intention of waging war isonment for 10 years and fine.
against the Government of
India.
123 Concealing with intent to Imprisonment for 10 years and
facilitate a design to wage fine.
war.
124 Assaulting President, Governor,Imprisonment for 7 years and
etc., with intent to compel or fine.
restrain the exercise of any
lawful 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 such
war.
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 to
escape.
----------------------------------------------------------------------
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 who
has 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 guilty
of the offence.
Cognizable Bailable Any
Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the
first class.
According as offence According as offence The Court by
is 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 Fine
whose benefit a riot is
committed not using all lawful
means to prevent it .
157 Harbouring persons hired for an Imprisonment for 6 months, or
unlawful assembly. fine, or both.
158 Being hired to take part in an Ditto
unlawful assembly or riot.
Or to go armed Imprisonment for 2 years , or
fine or both.
160 Committing affray Imprisonment for one month, or
fine of 100 rupees, or both.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bailable Any Magistrate.
Cognizable Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto 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 an
official act.
162 Taking a gratification in order, Ditto
by corrupt or illegal means, to
influence a public servant.
163 Taking a gratification for the Simple imprisonment for 1 year
exercise of personal influence or fine, or both.
with a public servant.
164 Abetment by public servant of 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 Ditto
any valuable thing, without
consideration, from a person
concerned in any proceeding
or business transacted by
such public servant.
165A Punishment for abetment of Ditto
offences punishable under
section 161 or section 165.
166 Public servant disobeying a Simple imprisonment for 1 year, or
direction of the law with fine, or both.
intent to cause injury to
any person.
167 Public servant framing an Imprisonment for 3 years or
incorrect document with Cognizable fine, or both.
intent to cause injury.
168 Public servant unlawfully Simple imprisonment for 1 year,
engaging in trade. or fine, or both.
169 Public servant unlawfully Simple imprisonment for 2 years,
buying or bidding for or fine, or both and confiscation
property. 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 Ditto.
Ditto Ditto Ditto.
Non-cognizable Bailable Ditto.
Cognizable Ditto Ditto.
non-cognizable Ditto Ditto.
Ditto Ditto Ditto.
Cognizable Non-bailable Any Magistrate.
Ditto Bailable Ditto.
CHAPTER IXA--OFFENCES RELATING TO ELECTIONS
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, or
election 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
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
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 deliver
such 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 months, or fine if 1,000
of an offence, etc. rupees, or both.
If the notice or information is Imprisonment for 6
required by an order passed under months, or fine of 1,000
sub-section (1) of section 356 rupees, or both.
of this Code.
177 Knowingly furnishing false in- Ditto
formation to a public servant.
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 Simple imprisonment for 6
to take oath by a public servant. months, or fine of 1,000
rupees, or both.
Non-Cognizable Bailable 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 Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto 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.
180. Refusing to sign a statement simple imprisonment for 3
made to a public servant months, or fine of 500
when legally required to do rupees, or both.
so.
181. Knowingly stating to a public Imprisonment for 3 years
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 Ditto
property by the lawful auth-
ority of a public servant.
184. Obstructing of property off- Imprisonment for 1 month, or
ered for sale by authority fine of 500 rupees, or both.
of a public servant.
185. Bidding, by a person under a Imprisonment for 1 month, or
legal incapacity to purchase fine of 200 rupees, or both.
it, for property at a lawfu-
lly authorised sale, or bidd-
ing without intending to -
perform the obligations
incurred there by.
186. Obstructing public servant Imprisonment for 3 months, or
in discharge of his public fine of 500 rupees, or both.
functions.
----------------------------------------------------------------------
Cognizable or Bialable or By what court triable
Non-cognizable Non-bailable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bialable 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 Ditto Ditto.
Ditto Ditto Magistrate of the first
class.
Ditto Ditto 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 or both.
process, the prevention of
offences, etc.
188 Disobedience to an order Simple imprisonment for 1
lawfully-promulgated by a month, or fine of 200 rupees,
public servant, if such or both.
disobedience causes obstruc-
tion, annoyance or injury
to persons lawfully
employed.
If such disobedience causes Imprisonment for 6 months, or
danger to human life,health fine if 1,000 rupees, or both.
or safety, etc.
189 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.
190 Threatening any person to Imprisonment for 1 year, or
induce him to refrain from fine, or both.
making a legal application
for protection from injury.
Non-Cognizable Bailable Any Magistrate.
Ditto Ditto Ditto.
Cognizable Ditto Ditto.
Ditto Ditto Ditto.
Non-cognizable 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 first
class.
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 The same as for the offences.
evidence with intent to
procure conviction of an
offence punishable with
imprisonment for life or
with imprisonment for 7
years or upwards.
196 Using in a judicial The same as for giving or
proceeding evidence known fabricating false evidence.
to be false or fabricated.
197 Knowingly issuing or signing Ditto
a false certificate relating
to any fact of which such
certificate is by law admis-
sible in evidence.
198 Using as a true certificate Ditto
one known to be false in a
material point.
199 False statement made in any Ditto
declaration which is by law
receivable as evidence.
200 Using as true any such decl- Ditto.
aration known to be false.
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 capital
offence.
----------------------------------------------------------------------
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 to
inform.
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.
205 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.
206 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.
207 Claiming property without Imprisonment for 2 years, or
right, or practising decep- fine, or both.
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 Bailable Magistrate of the first
class.
Ditto Ditto Court by which the offe-
nce is triable.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the first
class.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
----------------------------------------------------------------------
1036
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
208 Fraudulently suffering a Imprisonment for 2 years, or
decree or to pass for a sum fine, or both.
not due, or suffering decree
to be executed after it has
been satisfied.
209 False claim in a Court of Imprisonment for 2 years and
Justice fine.
210 Fraudulently obtaining a 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 fine.
7 years or upwards.
If offence charged be cap- Ditto
ital or punishable with
imprisonment for life.
212 Harbouring an offender,if Imprisonment for 5 years and
the offence be capital. 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 first
class.
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 fine.
if the offence be capital.
If punishable with impriso- Imprisonment for 3 years and
nment for life or with imp- fine.
risonment for 10 years.
If punishable with impriso- Imprisonment for a quarter of
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 fine, or both.
which a person has been dep-
rived by an offence without
causing apprehension of
offender.
216 Harbouring an offender who Imprisonment for 7 years and
has escaped from custody, fine.
or whose apprehension has
been ordered, if the offence
be capital.
If punishable with impriso- Imprisonment for 3 years, with
nment for life or with imp- or without fine.
risonment for 10 years.
If punishable with impriso- Imprisonment for a quarter of
nment for 1 year and not the longest term provided for
for 10 years. 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
years and fine.
217 Public servant disobeying a Imprisonment for 2 years, or
direction of law with intent fine, or both.
to save person from punis-
hment, or property from
forfeiture.
218 Public servant framing an Imprisonment for 3 years, or
incorrect record or writing fine, or both.
with intent to save person
from punishment, or property
from forfeiture.
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 Bailable Magistrate of the first
class.
Non-cognizable Ditto Any Magistrate.
Cognizable Ditto Magistrate of the first
class.
Non-cognizable Ditto Ditto.
Ditto Ditto Ditto.
According as the Ditto Ditto.
offence in rela-
tion to which
such omission
has been made is
cognizable or
non-cognizable.
cognizable Ditto Ditto.
1039
If punishable with imprisonm- Imprisonment for 2 years, with
ment for less than 10 years. or without fine.
222 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.
225 Resistance or obstruction to Ditto
the lawful apprehension of
any person, or rescuing him
from lawful custody.
If charged with an offence Imprisonment for 3 years and
punishable with imprisonment fine.
for life or imprisonment for
10 years.
If charged with a capital Imprisonment for 7 years and
offence fine.
If the person is sentenced Ditto.
to imprisonment for life, or
imprisonment for 10 years,
or upwards.
Ditto Ditto Ditto.
Ditto Non-bailable Court of Session.
Ditto Ditto Magistrate of the first
class.
Ditto Bailable Ditto.
Non-cognizable Ditto Any Magistrate.
Cognizable Ditto Ditto.
Ditto Ditto Ditto.
Ditto Non-bailable Magistrate of the first
class.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1040
----------------------------------------------------------------------
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 :-
(a) in case of intentional Imprisonment for 3 years, or
omission or sufferance. fine, or both.
(b) in case of negligent Simple imprisonment for 2
omission or sufferance. years, or fine, or both.
225B Resistance or obstruction to Imprisonment for 6 months, or
lawful apprehension, or fine, or both.
escape or rescue in case not
otherwise provided for.
227 Violation of condition of re- Punishment of original senten-
mission of punishment. ce, or if part of punishment
has been undergone, the
residue.
228 Intentional insult or inter- Simple imprisonment for 6
ruption to a public servant months, or fine of 1,000
sitting in any stage of a rupees, or both.
judicial proceeding.
1*228A Disclose of identity of the Imprisonment for 2 years and
victim of the certain fine.
offences, etc.
Printing or publication of Ditto
a proceeding without prior
permission of court.
229 Personation of a juror or Imprisonment for 2 years,
assessor. 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 first
class.
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. fine.
233 Making, buying or selling Imprisonment for 3 years and
instrument for the purpose fine.
of counterfeiting Indian coin.
234 Making, buying or selling Imprisonment for 7 years and
instrument of the purpose of fine.
counterfeiting Indian coin.
335 Possession of instrument or Imprisonment for 3 years and
material for the purpose of fine.
using the same for counter-
feiting coin,
If Indian coin. Imprisonment for 10 years and
fine.
336 Abetting, in India, the The punishment provided for
counterfeiting, out of India, abetting the counterfeiting
of coin. of such coin within India.
337 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 any
person.
Cognizable Non-bailable Magistrate of the first
class.
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 Ditto
causing coin to be of a diffe-
rent weight or composition
from that fixed by law.
245 Unlawfully taking from a Mint Ditto
any coining instrument.
246 Fraudulently diminishing the Imprisonment for 3 years
weight or altering the composi- and fine.
tion of Indian coin.
247 Fraudulently diminishing the Imprisonment for 7 years
weight or altering the composi- and fine.
tion of Indian coin.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Court of Session.
Ditto Ditto Any Magistrate.
Ditto Ditto Magistrate of the first
class.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1043
248 Altering appearance of any coin Imprisonment for 3 years
with intent that it shall pass as and fine.
a coin of a different description.
249 Altering appearance of Indian Imprisonment for 7 years
coin with intent that it shall and fine.
pass as a coin of a different descrip-
tion.
250 Delivery to another of coin Imprisonment for 5 years
possessed with the knowledge and fine.
that it is altered.
251 Delivery of Indian coin possessed Imprisonment for 10 years
with the knowledge that it is and fine.
altered.
252 Possession of altered coin by a Imprisonment for 3 years
person who knew it to be and fine.
altered when he became
possessed thereof.
253 Possession of Indian coin by a Imprisonment for 5 years
person who knew it to be altered and fine.
when he became possessed
thereof.
254 Delivery to another of coin as Imprisonment for 2 years
genuine which, when first or fine, or 10 times the
possessed, the deliverer did not value of the coin.
know to be altered.
255 Counterfeiting a Government Imprisonment for life, or
stamp. imprisonment for 10 years
and fine.
256 Having possession of an instru- Imprisonment for 7 years
ment or material for the purpose and fine.
of counterfeiting a Government
stamp.
257 Making, buying or selling instru- Ditto
ment for the purpose of counter-
feiting a Government stamp.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Court of Session.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Ditto Court of Session.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
1044
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
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 Imprisonment for 7 years,
stamp known to be counterfeit. or fine, or both.
261 Effacing any writing from a Imprisonment for 3 years,
substance bearing a Government or fine or both.
stamp, or removing from a document
a stamp used for it, with intent
to cause a loss to Government.
262 Using a Government stamp Imprisonment for 2 years
known to have been before fine, or fine, or both.
used.
263 Erasure of mark denoting that Imprisonment for 3 years,
stamps have been used. or fine, or both.
263A Fictitious stamps 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 what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Magistrate of the
first class.
Ditto Bailable Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Ditto Magistrate of the
first 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 Imprisonment for 6 months
to be likely to spread infection or fine, or both.
of any disease dangerous to life.
270 Malignantly doing any act known Imprisonment for 2 years,
to be likely to spread infection or fine, or both.
of any disease dangerous to life.
271 Knowingly disobeying any qua- Imprisonment for 6
rantine rule. months, or fine, or both.
272 Adulterating food or drink inten- Imprisonment for 6 month,
ded for sale, so as to make the or fine of 1,000 rupees,
same noxious. or both.
273 Selling any food or drink as food Ditto
and drink, knowing the same to
be noxious.
274 Adulterating any drug or medical Ditto
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 Ditto
a dispensary any drug or medical
preparation known to have been
adulterated.
276 Knowingly selling or issuing from Ditto
a dispensary any drug or medi-
cal preparation as a different
drug or medical preparation.
277 Defiling the water of a public Imprisonment for 3
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. or both.
285 Dealing with fire or any combus- Ditto
tible matter so as to endanger
human life, etc.
286 So dealing with any explosive Ditto
substance.
287 So dealing with any machinery Ditto
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Bailable Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Non-cognizable Ditto Ditto.
1047
288 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 Ditto
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 Fine of 200 rupees
291 Continuance of nuisance after Simple imprisonment for 6
injunction to discontinue. months, or fine, or both.
292 Sale, etc., of obscene books, On first conviction, with
etc. imprisonment for 2
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 On first conviction, with
to young persons. 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 Fine of 1,000 rupees
lotteries.
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 what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
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.
1049
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 or fine, or both.
without any intention to cause
death, etc.
304A Causing death by rash or negli- Imprisonment for 2 years
fine,
gence act. or both.
1*304B Dowry death Imprisonment of not less
than seven years but
which may extend to impri-
sonment for life.
305 Abetment of suicide committed Death, or imprisonment
by child, or insane or for life, or imprison-
delirious person or an idiot, ment for 10 years and
or a person intoxicated. fine.
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. 10 years and fine.
308 Attempt to commit culpable homi- Imprisonment for 3 years,
cide. or fine, or both.
If such act causes hurt to Imprisonment for 7 years,
any person. or fine, or both.
309 Attempt to commit suicide Simple imprisonment for 1
year, or fine, or both.
311 Being a thug Imprisonment for life and
fine.
312 Causing miscarriage Imprisonment for 3 years,
fine, or both.
Ditto Ditto Ditto.
Ditto 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 the
first class.
----------------------------------------------------------------------
1* Ins. by Act 43 of 1986, S. 11 (w.e.f. 19-11-1986).
----------------------------------------------------------------------
1050
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
If the woman be quick with child Imprisonment for 7 years
and fine.
313 Causing miscarriage without wo- Imprisonment for life, or
man's consent. imprisonment for 10 years
fine.
314 Death caused by an act done with Imprisonment for 10 years
intent to cause miscarriage. and fine.
If act done without woman's con- Imprisonment for life, or
sent. as above.
315 Act done with intent to prevent Imprisonment for 10 years
a child being born alive, or to or fine, or both.
cause it to die after its birth.
316 Causing death of a quick unborn Imprisonment for 10 years
child by an act amounting to and fine.
culpable homicide.
317 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 Imprisonment for 2 years,
disposal of dead body. fine, or both.
323 Voluntarily causing hurt Imprisonment for 1 year, or
fine of 1,000 rupees,
or both.
324 Voluntarily causing hurt by dan- Imprisonment for 3 years,
gerous weapons or means. or fine, or both.
325 Voluntarily causing grievous hurt Imprisonment for 7 years
and fine.
----------------------------------------------------------------------
Cognizable of or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
Non-cognizable Bailable Magistrate of the
first class.
Cognizable Non-bailable court of Session.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Bailable Magistrate of the
first class.
Ditto Ditto Ditto.
Non-cognizable Ditto Any Magistrate.
Cognizable Ditto Ditto
Ditto Ditto Ditto.
1051
326 Voluntarily causing grievous Imprisonment for life, or
hurt by dangerous weapons or imprisonment for 10 years
means. and fine.
327 Voluntarily causing hurt to Imprisonment for 10 years
extort property or a valuable and fine.
security, or to constrain to
do anything which is illegal
or which may facilitate the com-
mission of an offence.
328 Administering stupefying drug Ditto.
with intent to cause hurt, etc.
329 Voluntarily causing grievous Imprisonment for life, or
hurt to export property or imprisonment for 10 years
a valuable security, or to con- and fine.
strain to do anything which
is illegal, or which may faci-
litate the commission of an
offence.
330 Voluntarily causing hurt Imprisonment for 7 years
to extort confession or and fine.
information, or to compel res-
toration of property, etc.
331 Voluntarily causing grievous Imprisonment for 10 years
hurt to extort confession or and fine.
information, or to compel res-
toration of property, etc.
332 Voluntarily causing hurt to deter Imprisonment for 3 years,
public servant from his duty. or fine, or both.
333 Voluntarily causing grievous Imprisonment for 10 years
hurt to deter public servant and fine.
from his duty.
334 Voluntarily causing hurt on Imprisonment for 1 month,
grave and sudden provocation, or fine of 500 rupees,
not intending to hurt any other or both.
than the person who gave the
provocation.
Ditto Non-bailable Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Court of Session.
Ditto Ditto Ditto.
Ditto Bailable Magistrate of the
first class.
Ditto Non-bailable Court of Session.
Ditto Bailable Magistrate of the
first class.
Ditto Non-bailable Court of Session.
non-cognizable Bailable Any Magistrate.
1052
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
335 Causing grievous hurt on grave Imprisonment for 4 years,
and sudden provocation, not or fine of 2,000 rupees,
intending to hurt any other or both.
than the person who gave the
provocation.
336 Doing any act which endangers Imprisonment for 3 months,
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
month, or fine of 500
rupees, or both.
342 Wrongfully confining any person Imprisonment for 1 year,
fine of 1,000 rupees, or
both.
343 Wrongfully confining for 3 or Imprisonment for 2
more days. years,or fine, or both.
344 Wrongfully confining for 10 or Imprisonment for 3 years
and more days. and fine.
345 Keeping any person in wrongful Imprisonment for 2 years,
confinement, knowing that a writ in addition to imprisonm-
has been issued for his liberation. ent under any other sec-
tion.
346 Wrongful confinement in secret Ditto
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-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 Magistrate of the
first class.
Ditto Ditto Ditto.
1053
347 Wrongful confinement for the Imprisonment for 3 years
purpose of extorting property, and fine.
or constraining to an illegal
act, etc.
348 Wrongful confinement for the Ditto
purpose of extorting confession
or information, or of compelling
restoration of property, etc.
352 Assault or use of criminal force Imprisonment for 3 months,
otherwise than on grave pro- fine of 500 rupees, or
vocation. both.
353 Assault or use of criminal force Imprisonment for 2 years,
to
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 Ditto
intent to dishonour a person,
otherwise than on grave and
sudden provocation.
356 Assault or criminal force in Ditto
attempt to commit theft of
property worn or carried by a
person.
357 Assault or use of criminal Imprisonment for 1 year,
force in attempt wrongfully or fine of 1,000 rupees,
to confine a person. or both.
358 Assault or use of criminal fo- 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- Imprisonment for 10 years
tody of a minor in order that and fine.
such minor may be employed or used
for purposes of begging.
Maiming a minor in order that Imprisonment for life and
such minor may be employed or fine
used for purposes of begging.
364 Kidnapping or abducting in order Imprisonment for life, or
to murder. rigorous imprisonment for
10 years and fine.
1*364A Kidnapping for ransom, etc Death, or imprisonment
for life, and fine.
365 Kidnapping or abducting with in- Imprisonment for 7 years
tent secretly and wrongfully to and fine.
confine a person.
366 Kidnapping or abducting a woman Imprisonment for 10 years
to compel her marriage or to fine.
cause her defilement, etc.
366A Procuration of minor girl Ditto
366B Importation of girl from foreign Ditto
country.
367 Kidnapping or abducting in order Ditto
to subject a person to grievous
hurt, slavery, etc.
368 Concealing or keeping in confine- Punishment for kidnapping
ment a kidnapped person. or abduction.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Magistrate of the
first 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 Imprisonment for 7 years
with intent to take property and fine.
from the person of such child.
370 Buying or disposing of any person Ditto
as a slave.
371 Habitual dealing in slaves Imprisonment for life, or
imprisonment for 10 years
and fine.
372 Selling or letting to hire a minor Imprisonment for 10 years
for purposes of prostitution, and fine.
etc.
373 Buying or obtaining possession of Ditto
a minor for the same purposes.
374 Unlawful compulsory labour Imprisonment for 1 year,
or fine, or both.
376 Rape Imprisonment for life or
imprisonment for ten
years and fine.
Intercourse by a man with his 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 Imprisonment for 3 years,
or fine, or both.
380 Theft in a building, tent or Imprisonment for 7 years
vessel and fine.
Ditto Ditto Magistrate of the
first class.
Non-cognizable Bailable Ditto.
Cognizable Non-bailable Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Bailable Any Magistrate.
Cognizable Non-bailable Court of Session.
Non-cognizable Bailable Ditto.
Ditto Ditto Ditto.
Cognizable (but no arrest Ditto.
shall be made
without a warrant
or without an order
of a Magistrate).
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Cognizable Non-bailable 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 what
non-cognizable non-bailable Court triable
----------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Any Magistrate
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Any Magistrate.
Ditto Bailable Ditto.
Ditto Non-bailable Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Bailable Ditto.
Ditto Ditto Ditto.
1057
389 Putting a person in fear of ac- Imprisonment for 10
cusation of an offence punisha- years and fine.
ble with death, imprisonment for
life, or imprisonment for 10
years in order to commit extor-
tion.
If the offence be an unnatural Imprisonment for life.
offence.
392 Robbery Rigorous imprisonment for
10 years and fine.
If committed on the highway Rigorous imprisonment for
between sunset and sunrise. 14 years and fine.
393 Attempt to commit robbery Rigorous imprisonment for
7 years and fine.
394 Person voluntarily causing hurt Imprisonment for life or
in committing or attempting to Rigorous imprisonment for
commit robbery, or any other 10 years and fine.
person jointly concerned in such
robbery.
395 Dacoity Ditto.
396 Murder in dacoity Death, imprisonment for
life, or rigorous impris-
onment for 10 years and
fine.
397 Robbery or dacoity with attempt Rigorous imprisonment for
to cause death or grievous hurt. not less than 7 years.
398 Attempt to commit robbery or Ditto.
dacoity when armed with deadly
weapon.
399 Making preparation to commit Rigorous imprisonment for
dacoity. 10 years and fine.
400 Belonging to a gang of persons Imprisonment for life, or
associated for the purpose of rigorous imprisonment for
habitually committing dacoity. 10 years and fine.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-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 Imprisonment for 2 years,
movable property, or convert- or fine, or both.
ing it to one's own use.
404 Dishonest misappropriation of Imprisonment for 3 years
property, knowing that it was and fine.
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 Imprisonment for 7 years
by deceased. and fine.
406 Criminal breach of trust Imprisonment for 3 years,
or fine, or both.
407 Criminal breach of trust by a Imprisonment for 7 years
carrier, wharfinger, etc. and fine.
408 Criminal breach of trust by a Ditto.
clerk or servant.
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 what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Magistrate of the first
class.
Ditto Ditto Court of Session.
Non-cognizable Bailable Any Magistrate.
Ditto Ditto Magistrate of the
first class'
Ditto Ditto Ditto.
Cognizable Non-bailable Ditto.
Ditto Ditto Ditto.
Ditto 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. imprisonment for 10 years
and fine.
414 Assisting in concealment or dis- Imprisonment for 3 years,
posal of stolen property, or fine, or both.
knowing it to be stolen.
417 Cheating Imprisonment for 1 year,
or fine, or both.
418 Cheating a person whose interest Imprisonment for 3 years,
the offender was bound, either or fine, or both.
by law or by legal contract, to
protect.
419 Cheating by personation Ditto
420 Cheating and thereby dishonestly Imprisonment for 7 years
inducing delivery of property, and fine.
or the making, alteration or
destruction of a valuable secu-
rity.
421 Fraudulent removal or conceal- Imprisonment for 2 years,
ment of property, etc., to or fine, or both.
prevent distribution among
creditors.
422 Fraudulently preventing from Ditto.
being made available for his
creditors a debt or demand due
to the offender.
423 Fraudulent execution of deed of Ditto.
transfer containing a false state-
ment of consideration.
Ditto Ditto Any Magistrate.
Ditto Ditto Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Non-cognizable Bailable Ditto.
Ditto Ditto Ditto.
Cognizable Ditto Ditto.
Ditto Non-bailable Magistrate of the
first class.
Non-cognizable Bailable Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1060
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
424 Fraudulent removal or conceal- Imprisonment for 2 years,
ment of property, of himself or or fine, or both.
any other person or assisting in
the doing thereof, or dishonestly
releasing any demand or claim
to which he is entitled.
426 Mischief Imprisonment for 3
months, or fine, or both.
427 Mischief, and thereby causing Imprisonment for 2 years,
damage to the amount of 50 or fine, or both.
rupees or upwards.
428 Mischief of by killing,poisoning, Ditto
maiming or rendering useless
any animal of the value of 10
rupees or upwards.
429 Mischief by killing, poisoning, Imprisonment for 5 years,
maiming or rendering useless or fine, or both.
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 Ditto.
of supply of water for agricul-
tural purposes, etc.
431 Mischief by injury to public Ditto.
road, bridge, navigable river,
or navigable channel, and
rendering it impassable or less
safe for travelling or conveying
property.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-congnizable Bialable Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Cognizable Ditto Ditto.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1061
432 Mischief by causing inundation Ditto
or obstruction to public drainage
attended with damage.
433 Mischief by destroying or moving Imprisonment for 7 years,
or rendering less useful a light- or fine, or both.
house or sea-mark, or by exhibit-
ing false lights.
434 Mischief by destroying or moving, Imprisonment for 1 years,
etc., a landmark fixed by public or fine, or both.
authority.
435 Mischief by fire or explosive Imprisonment for 7 years
substance with intent to cause and fine.
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 Imprisonment for life,
substance with intent to destroy or imprisonment for 10
a house, etc. 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.
440 Mischief committed after prepara- Imprisonment for 5 years
tion made for causing death, or and fine.
hurt, etc.
447 Criminal trespass Imprisonment for 3
months, or fine of 500
rupees, or both.
448 House-trespass Imprisonment for one year,
or fine of 1,000 rupees,
or both.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Non-cognizable Ditto Any Magistrate.
Cognizable] Ditto Magistrate of the
first class.
Ditto Non-bailable Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Bailable Magistrate of the first
class.
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
---------------------------------------------------------------------
1062.
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
449 House-trespass in order to the Imprisonment for life, or
commission of an offence puni- rigorous imprisonment for
shable with death. 10 years and fine.
450 House-trespass in order to the Imprisonment for 10 years
commission of an offence puni- and fine.
shable with imprisonment for
life,
451 House-trespass in order to the Imprisonment for 2 years
commission of an offence puni- and fine.
shable with imprisonment.
If the offence is theft Imprisonment for 7 years
and fine.
452 House-trespass, having made pre- Imprisonment for 7 years
paration for causing hurt, and fine.
assault, etc.
453 Lurking house-trespass or house- Imprisonment for 2 years
breaking. and fine.
454 Lurking house-trespass or house- Imprisonment for 3 years
breaking in order to the com- and fine.
mission of an offence punishable
with imprisonment.
If the offence be theft 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 what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Cognizable Non-bailable Court of Session.
Ditto Ditto Ditto.
Ditto Bailable Any Magistrate.
Ditto Non-bailable Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
1063
456 Lurking house-trespass or house- Imprisonment for 3 years
breaking by night. and fine.
457 Lurking house-trespass or house- Imprisonment for 5 years
breaking by night in order to and fine.
the commission of an offence
punishable with imprisonment.
If the offence is theft Imprisonment for 14 years
and fine.
458 Lurking house-trespass or house- Imprisonment for 14 years
breaking by night,after pre- and fine.
paration made for causing hurt,
etc.
459 Grievous hurt caused whilst com- Imprisonment for life, or
mitting lurking house-trespass imprisonment for 10 years
or house breaking. and fine.
460 Death or grievous hurt caused by Ditto.
one of several persons jointly
concerned in house-breaking by
night, etc.
461 Dishonestly breaking open or Imprisonment for 2 years,
unfastening any closed recep- or fine, or both.
tacle containing or supposed to
contain property.
462 Being entrusted with any closed Imprisonment for 3 years,
receptacle containing or sup- or fine, or both.
posed to contain any property,
and fraudulently opening the
same.
CHAPTER XVIII-OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
465 Forgery Imprisonment for 2 years,
or fine, or both.
Ditto Ditto Any Magistrate.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Court of Session.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Bailable Ditto.
Non-cognizable Bailable Magistrate of the
first class.
1064
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
466 Forgery of a record of a Court of Imprisonment for 7 years
Justice or of a Registrar of and fine.
Births, etc., kept by a public
servant.
467 Forgery of a valuable security, Imprisonment for life, or
will, or authority to make or imprisonment for 10 years
transfer any valuable security, and fine.
or to receive any money, etc.
When the valuable security is a Ditto.
promissory note of the Central
Government.
468 Forgery for the purpose of Imprisonment for 7 years
cheating. and fine.
469 Forgery for the purpose of harm- Imprisonment for 3 years
ing the reputation of any person and fine.
or knowing that it is likely to be
used for that purpose.
471 Using as genuine a forged docu- Punishment for forgery of
ment which is known to be such document.
forged.
When the forged document is a Ditto.
promissory note of the Central
Government.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Non-bailable Magistrate of he first
class.
Ditto Ditto Ditto.
Cognizable Ditto Ditto.
Ditto Ditto Ditto.
Ditto Bailable Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
1065
472 Making or counterfeiting a seal, Imprisonment for life, or
plate, etc., with intent to com- imprisonment for 7 years
mit a forgery punishable under and fine.
section 467 of the Indian Penal
Code, or possessing with like
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 Imprisonment for life, or
description mentioned in section imprisonment for 7 years
467 of the Indian Penal Code. and fine.
475 Counterfeiting a device or mark Ditto.
used for authenticating documents
described in section 467 of the
Indian Penal Code, or possessing
counterfeit marked material.
476 Counterfeiting a device or mark Imprisonment for 7 years
used for authenticating documents and fine.
other than those described in
section 467 of the Indian penal
Code, or possessing counterfeit
marked material.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Non-cognizable Ditto Ditto.
Ditto Ditto Ditto.
Ditto Non-bailable Ditto.
1066
----------------------------------------------------------------------
Section Offence Punishment
----------------------------------------------------------------------
1 2 3
----------------------------------------------------------------------
477 Fraudulently destroying or de- Imprisonment for life, or
facing, or attempting to destroy imprisonment for 7 years
or deface, or secreting a will, and fine.
etc.
477A Falsification of accounts Imprisonment for 7 years,
or fine, or both.
482 Using a false property with Imprisonment for 1 year,
intent or injure any or fine, or both.
person.
483 Counterfeiting a property mark Imprisonment for 2 years,
used by another, with intent to or fine, or both.
cause damage or injury.
484 Counterfeiting property mark Imprisonment for 3 years
used by a public servant, or any and fine.
mark used by him to denote the
manufacture, quality, etc., of
any property.
485 Fraudulently making or having Imprisonment for 3 years,
possession of any die, plate or or fine, or both.
other instrument for counter-
feiting any public or private
property mark.
486 Knowingly selling goods marked Imprisonment for 1 year,
with a counterfeit property or fine, or both.
mark.
----------------------------------------------------------------------
Cognizable or Bailable or By what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Non-bailable Magistrate of the
first class.
Ditto Bailable Ditto
Ditto Ditto Any Magistrate.
Ditto Ditto Ditto.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
1067
487 Fraudulently making a false Imprisonment for 3 years,
mark upon any package or or fine, or both.
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 Ditto
489 Removing, destroying or defacing Imprisonment for 1 year,
property mark with intent to or fine, or both.
cause injury.
489A counterfeiting currency-notes or Imprisonment for life, or
bank-notes. imprisonment for 10 years
and fine.
489B Using as genuine forged or coun- Ditto
terfeit currency-notes or bank-
notes.
489C Possession of forged or counter- Imprisonment for 7 years,
feit or currency-notes or bank- or fine, or both .
notes.
489D Making or possessing machinery, Imprisonment for life, or
instrument or material for forg- imprisonment for 10 years
ing or counterfeiting currency- and fine.
notes or bank-notes.
489E Making or using documents Fine of 100 rupees
resembling currency-notes or
bank-notes.
On refusal to disclose the name Fine of 200 rupees.
and address of the printer.
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 Imprisonment for 10 years
not lawfully married to him to and fine.
believe that she is lawfully
married to him and to cohabit
with him in that belief.
494 Marrying again during the life- Imprisonment for 7 years
time of a husband or wife. and fine.
495 Same offence with concealment of Imprisonment for 10 years
the former marriage from the and fine.
Person with whom subsequent
marriage is contracted.
496 A person with fraudulent inten- Imprisonment for 7 years
tion going through the ceremony and fine.
of being married, knowing that
he is not thereby lawfully
married.
497 Adultery Imprisonment for 5 years,
or fine, or both.
498 Enticing or taking away or detain- Imprisonment for 2 years,
ing with a criminal intent a or fine, or both.
married woman.
498A Punishment for Imprisonment for Cognizable if information
subjecting a three years and relating to the commiss-
married woman fine. ion of the offence is
to cruelty. given to an officer in
charge of a police stat-
ion by the person aggrieved
by the offence or
by any person related
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 what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Non-bailable Magistrate of the first
class.
Ditto Bailable Ditto.
Ditto Ditto Ditto
Ditto Ditto Ditto.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Ditto Non-bailable Magistrate of the first
class.
----------------------------------------------------------------------
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 public
functions 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.
(b) Printing or engraving matter Ditto
knowing it to be defamatory, in
any other case.
502 (a) Sale of printed or engraved Ditto
substance containing defama-
tory matter, knowing it to
contain such matter against the
President or the Vice-President
or the Governor of a State or
Administrator of a Union terri-
tory or a Minister in respect of
his conduct in the discharge of
his public functions when insti-
tuted upon a complaint made
by the Public Prosecutor.
Non-cognizable Bailable 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.
----------------------------------------------------------------------
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. or fine, or both.
505 False statement. rumour, etc., Imprisonment for 3 years,
circulated witH intent to cause or fine, or both.
mutiny or offence against the
public peace.
False statement,rumour, etc.,with Ditto
intent to create enmity, hatred
or ill-will between different
classes.
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 what
non-cognizable non-bailable Court triable
---------------------------------------------------------------------
4 5 6
----------------------------------------------------------------------
Non-cognizable Bialable Magistrate of the
first class.
Non-cognizable Bailable Any Magistrate.
Ditto Non-bailable Ditto.
Cognizable Ditto Ditto.
Ditto Ditto Ditto.
1071
506 Criminal intimidation Imprisonment for 2 years,
or fine, or both.
If threat be to cause death or Imprisonment for 7 years,
grievous hurt, etc. or fine, or both.
507 Criminal intimidation by anony- Imprisonment for 2 years,
mous communication or having in addition to the punishment
taken precaution to conceal under above section.
whence the threat comes.
508 Act caused by inducing a person Imprisonment for 1 year,
to believe that he will be or fine, or both.
rendered an object of Divine
displeasure.
509 Uttering any word or making any Simple imprisonment for 1
gesture intended to insult the year, or fine, or both.
modesty of a woman, etc.
510 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.
511 Attempting to commit offences Imprisonment for life or
punishable with imprisonment imprisonment not exceed-
for life or imprisonment, and in ing half of the longest
such attempt doing any act term provided for the
towards the commission of the offence, or fine, or
offence. both.
Non-cognizable Bailable Ditto.
Ditto Ditto Magistrate of the
first class.
Ditto Ditto Ditto.
Ditto Ditto Any Magistrate.
Cognizable Ditto Ditto.
Non-cognizable Ditto Ditto.
According as the According as the The Court by which the
offence is cognizable offence attempted offence attempted is
or non-cognizable. by the offender is triable.
bailable or not.
----------------------------------------------------------------------
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)
1074
(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 my
satisfaction 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 complaint
on the day of .
Dated, this day of, 19.
(Seal of the Court) (Signaturey)
1075
(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 complaint
pending 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)
1076
(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 requiring
the 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
1077
(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 requiring
the 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 good and
sufficient reason to believe that he will not attend as a witness on
the hearing of the said complaint unless compelled to do so;
This is to authorise and require you to arrest the said (name of
witness), and on the day of to bring him before this Court, to be
examined touching the offence complained of.
Dated, this day of , 19.
(Seal of the Court)
(Signature)
1078
(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 (the
thing 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 upon
its 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
1079
(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 upon
its 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 upon
to 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)
1080
(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 peace
will 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 peace
for 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
1081
(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 security
ordered 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 requiring
the 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
1082
(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 your
custody 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) [or
his
1083
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, returning
this 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)
1084
(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 carrying
on, 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) by
reason (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 (or
well 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 obey
the 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 may
be) ;
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 upon
the adjoining public road, so as to occasion risk of obstruction to
persons using the road;
or
1087
(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)
1088
(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 parties
concerned 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 writing
their 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 (the
subject 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 (state
concisely 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
(1) (a) 1, (name and office of Magistrate, etc.), hereby charge
you (name of accused person) as follows :-
(b) On section 121. that you, on or about the day of, at, waged
war against the Government of India and thereby committed an offence
punishable under section 121 of the Indian Penal Code, and within the
cognizance of this Court.
(c) And I hereby direct that you be tried by this Court on the
said charge.
(Signature and Seal of the Magistrate) [To be substituted for (b)] :-
(2) On section 124. That you, on or about the day of, at , with
the intention of inducing the President of India [or, as the case may
be, the Governor of (name of State)] to refrain from exercising a
lawful power as such President (or, as the case may be, the Governor),
assaulted President (or, as the case may be, the Governor), and
thereby committed -an offence punishable under section 124 of the
Indian Penal Code, and within the cognizance of this Court.
(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.
(4) That you, on or about the day of , at ,
did (or omitted to do, as the case may be) , such conduct being
contrary to the provisions of Act , section , and
known by you to be prejudicial to , and thereby committed an offence
punishable under section 166 (On section 166.) of the Indian Penal
Cod, and within the cognizance of this Court.
(5) That you, on or about the day of , at , in
the course of the trial of before , stated in
evidence that " " which statement you either knew or believed
to be false, or did not believe to be true, and thereby committed an
offence punishable under section 193 (On section 193.) of the Indian
Penal Code, and within the cognizance of this Court.
(6) That you, on or about the day of , at , committed
culpable homicide not amounting to murder, causing the death of ,
and thereby committed an offence punishable under section 304 (On
section 304.) of the Indian Penal Code, and within the cognizance of
this Court.
(7) That you, on or about the day of , at ,
abetted the commission of suicide by A.B., a person in a state of
intoxication, and thereby committed an offence punishable under
section 306 (On section 306.) of the Indian Penal Code, and within the
cognizance of this Court.
(8) That you, on or about the day of , at ,
voluntarily caused grievous hurt to , and thereby committed an
offence punishable under section 325 (On section 325.) of the Indian
Penal Code, and within the cognizance of this Court.
(9) That you, on or about the day of , at , robbed
(state the name), and thereby committed an offence punishable under
section 392 (On section 392.) of the Indian Penal Code, and within the
cognizance of this Court.
(10) That you, on or about the day of , at ,
committed dacoity, an offence punishable under section 395 of the
Indian Penal Code, and within the cognizance of this Court.
II. CHARGES WITH TWO OR MORE HEADS
(1) (a) I, (name and office of Magistrate, etc.), hereby charge
you (name of accused person) as follows :---
(b) On section 241. First---That you, on or about the day of, at,
knowing a coin to be counterfeit, delivered the same to another
person.
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 compel
your 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 keep
in 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 my
release 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 your
custody 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, 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 said Superintendent (or
Keeper) of the said Civil Jail 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), and to return
this warrant with an endorsement certifying the manner of its
execution.
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 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. 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 ( or
Keeper), 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).]
:: Punjab:
In section 11, after sub-section (1), insert the following sub-section, nilmely:
"(11\) The Stute Government may likewise establ ish as many Courts of Jud ic ial
lVIagistrate of the first class in respect to particulilr cases or to partiwlar classes of·
cases, or in regard to cases generally, in any local area."
[Vide Punjab Act 9 of 1978, sec. 2 (w.e.f. 14-4-1978).J
n_~ _ _ I..\._ ....
Section 29A
Punjab:
After section 29, insert the following section, namely:-
"29A. Sentence lVJzicl, Exewtive Magistrate may pass.-An Executive Magistrate.
'!nay pass a sentence of imprisonment of a term not exceeding three years or of
fine not exceeding five thousand rupees, or both."
[Vide Punjab Act 22 of 1983 (w.e.f. 27-6-1983).1
,.-
, '- __ h _t: t::~n _ (1 \ Th" lOlld of a
( Viae U .
rp~ . f1Ssa Act II 01 l~:1F ~<.,. _
IlJab:
>/h~:; t~ection 167, in sub-section (2), for the words "fifteen days" at both the places
[Videe~uo~cur, substitute the words "thirty days".
I(ai ... , nJab Act 9 of 1986, sec. 2 (w.e.f. 8·4· 1986).)
--
__ _ __ _ __ " ~~t-'V~H'Vll" ur exnlDltS relate.
CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
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-
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police
officer, or upon his own knowledge, that such offence has been
committed.
(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.
/'
STATE AMENDMENT
Section 190A
Punjab and Union Territory of Chandigarh:
After section 190, insert the follOWing section, namely:-
"190A. CogniznnL'e of offences by Executive Magistrate.-Subject to the provisions ,
of this Chapter any Executive Magistrate may take cognizance of any specified
offence--
,..--
SCRnnm hv rRmSCRnnF
--' The Code of Criminal Procedure, 1973 ----
(n) upon receiving a complaint of facts which constitutes such offence:
(b) upon a police report of such facts:
135
(c) upon information received f . .
. rom any person other than a polIce offIcer, or
upon IllS own knowledge, that such offence has been committed."
[Vide Punjab Act 22 of 1983, sec. 6 (w.e.f. 27-6.1983).)
/'
COMMENTS
The. Magistrate can ignore th~ conclusion arrived at by the 1.0. and independently
apply. hIS mmd to. the facts e~ergmg from the investigation and take cognizance of the
case, If .he thmk~ fit and exercise his power under section 190(l)(b). The Magistrate is not
bound In such situation to follow the procedure laid down in sections 200 and 202 of the
Code for taking cognizance of a case under seclion 190(1)(a) though it is open to him to
act under section 200 or section 202 also; Minll KlImnri v. Stnte of Bihnr, (2006) 4 SCC 359.
191. Transfer on application of the accused.-When a Magistrate takes
cognizance of an offence under clause (c) of sub-section (1) of section] 90, the
accused shall, before any evidence is taken, be informed tha t 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 suc~
other Magistrate as may be specified by the Chief Judicial Magistrate in this
behalf.
STATE AMENDMENT
"'Punjab and Union Territory of Chandigarh:
I t· 191 for the words "clause (c) of sub·section (1) of section 190", substitute
n sec IOn , . " d "Ch' f J d' . I
th d " t' 190A" and for the words "MagIstrate an Ie u ICla e wor s sec IOn " d "D' . M . t t "
Magistrate", substitute the words "Executive Magistrate an Istnct agls ra e
wherever occurring.
[Vide Punjab Act 22 of 1983, sec. 7 (w.e.f. 27.6-1983)·t . ' .,
. f cases to Magistrates.-(l) Any Chief JudiCial
M ~92. Makmg f ove; k? ognizance of an offence, make over the case for
agIstrate may, a ter a mg c . t t Ibordinate to him.
inquiry or trial to any competent MagIS ra e Sl d' th's behalf by the Chief
. f th first class empowere In I
(2) Any MagIstrate 0 e k' 0 izance of an offence, make over the
ludiciaJ Magistrate ~ay, after ta ~ng c gn etent Magistrate as the Chief Judicial
case .for inquiry or tnal to such ot ere~~;Porder, specify, and thereupon such
MagIstrate may, by general or sp . I
Magistrate may hold the inquiry or tna .
STATE AMENDMENT
r p . . f Chandigarh: " .
unJab and Union Terntory 0 . . 1M' trate" and the words Mnglstrilte
In section 192 for the words, "Chief JUdlCtlh3ey ~~;~r substitute the words "District
f '. t" wherever I
o the first class" or "Magtstra e. t" res ectively.
Magistrate" and "Executive Maglstra e P
f
27.6.1983).)
[Vide Punjab Act 22 of 1983, sec. 8 (w.e. . f Ses~on.-Except as . othenvise
f by Courts 0 . b' . \ force 193. Cognizance of of ences other law for the tIme emg 11 •• '
eXpressly provided by this Code or ?y any f any offence as a COllrt of ongm~l
no Cou t f S ' .. shall take cognizance ~ d to I' t by a Magistrate under thIS
'. r 0 eSSlOn b en commItte
Junsdiction unless the case has e
COde.
Scarmed by CamScarmer
STATE AMENDMENTS
' Punjab a"nd Union Territory of Chandigarh:
In section 374, in sub-section (3), for the words "Magistrate of the
substitute the words "Executive Magistrate".
[Vide Punjab Act 22 of 1983, sec. 9 (w.e.f. 27-6-1983).]
,/
rOMM""'T'l . 1 • •
STATE AMENDMENT
Punjab and Union Territory of Chandigarh:
In relation to the "specified offences" as defined in clause (b) of section 2 of the Codp
of Criminal Procedure (Punjab Amendment) Act, 1983 (22 of 1983), in section 437, after
sub-section (7), insert the following sub-section, namely:-
The Code of Criminal Procedure, 1973 255
-(8) Before releasing the accused on bail under sub-section (1.) or
_. _section (2), the court shall give the prosecution a reasonable opportumty to
;ow-ca \1se <lg<linst such release."
'ide punjab Act 22 of 1983, sec. 10 (w.e.f 27-6-1983).]
r()M~At::l\.1TC::
The Code of Criminal Procedure, 1973 259
"J Section 438 ma~es no distinction w.hether the arrest is apprehended at the hands
i;e pobce Mar dat) the Instance of the MagIstrate; Sennnsi v. State of Tamil Nndrl, (1997) 3
-~mes 112 ( a .
• (vi) The grant of bail ~lnder section 438 (1) by the High Court or the Court of Session
is dependent on the ments of a . case and not the order of the Magistrate choosing to
summon an accu~ed through bailable or non-bailable warrant; Semwsi v. State of Tnmil
Nadu, (1997) 3 Crimes 112 (Mad)"/
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court or Court of Session may direct-
(a) th~t any ~erson accuse~ of an offence and in custody be released on
ball, and If the offence IS of the nahtre specified in sub-section (3) of
section 437, may impose any condition which it considers necessary
for the purposes mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when releasing any
person on bail be set · aside or modified:
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 person who has
been released on bail under this Chapter be arrested and commit him to custody.
ST ATE AMENDMENTS
Section 439A
/'Punjab and Union Territory of Chandigarh:
After section 439, insert the following section, namely:-
"439A. Power to grallt bllil.-Notwithstanding anything contained in this Code, no
person-
(a) who, being accused or suspected of committing an offence under any of the
following sections, namely-Sections 120B, 121, 121A, 122, 123, 124A, 153A,
302,304, 307, 326,333, 363,364,365,367, 368, 392, 394, 395, 396, 399, 412,431,
436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the
Explosive Substances Act, 1908, and sections 25, 26, 27,28,29,30 and. 31,of the
Arms Act 1959 is arrested or appears or is brought before a Court, 01
(b) ." b r that he may be arrested on an accusation of
who, havmg any rea sop to e ,I~ve , lied to the High Court
committing an offence as speClfled,m claus: (a), has app b '1 ' the event of his
or the Court of Session for 11 directIOn for hiS release on al m
arrest, b '1
b directed to be released on aI,
shall be released on bailor, as the case may e, ,
except on one or more of the following grounds, namely,-, .
, " h C t r the Court of SessIOn for reilsons
(I) that the Court includ~~g t~e HI!? . ~u~ 0 there are reilsonable grounds for
to be recorded in wntmg I.S satlsfle'
l
t a/ ff 'nee specified in cbuse (a);
believing thilt such person IS not gUl ty a any a era sick or
(1"1) f . t 'n years or a woman 0 , , that such person is under the age 0 SIX CC '
an infirm person;
Scanned bv CamS canner
The Code of Criminal Procedure. 1973
[Sec. 439
(iii) that th" Court includi ng the High COllrt o r the COllrt of Session fo r
to be rL'cordcd in I'Hiting is sa ti s fied that there <He exceptional and s:~as()ns
ground, to rl'It'.l ' l' nr d irect th" t relC<l sl' o f thl! accused on bail " 1(lent
[\lid,' Puni<lb Act 22 of 1983. sec. II (lV.e.r. 27-6-1983).)
rripllr~:
crpc act.pdf
State amendments
Open official source version ↗About this act
- Jurisdiction
- Punjab
- Enactment date
- 1974-01-25
- Sections available
- Document reader
India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.