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Corresponding Section Table of Bharatiya Nagarik Suraksha Sanhita 2023
Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
CHAPTER I PRELIMINARY | CHAPTER IPRELIMINARY |
1. Short title, extent and commencement | 1. Short title, extent and commencement. |
2. Definitions. | 2. Definitions. (Change) |
2(f) India | Deleted |
2(k) Metropolitan Area | Deleted |
2(q) Pleader | Deleted |
2(t) Prescribed | Deleted |
3. Construction of references. | 3. Construction of references. |
4. Trial of offences under the Indian Penal Code and other laws. | 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. |
5. Saving. | 5. Saving. |
CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES | CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES |
6. Classes of Criminal Courts. | 6. Classes of Criminal Courts. |
7. Territorial divisions. | 7. Territorial divisions. |
8. Metropolitan areas. | Deleted |
9. Court of Session. | 8. Court of Session (Change) |
10. Subordination of Assistant Sessions Judges. | Deleted |
11. Courts of Judicial Magistrates. | 9. Courts of Judicial Magistrates. |
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. |
13. Special Judicial Magistrates. | 11. Special Judicial Magistrates (Change) |
14. Local jurisdiction of Judicial Magistrates. | 12. Local Jurisdiction of Judicial Magistrates. (Change) |
15. Subordination of Judicial Magistrates. | 13. Subordination of Judicial Magistrates. |
16. Courts of Metropolitan Magistrates. | Deleted |
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. | Deleted |
18. Special Metropolitan Magistrates. | Deleted |
19. Subordination of Metropolitan Magistrates. | Deleted |
20. Executive Magistrates. | 14. Executive Magistrates. (Change) |
21. Special Executive Magistrates. | 15. Special Executive Magistrates. (Change) |
22. Local Jurisdiction of Executive Magistrates. | 16. Local Jurisdiction of Executive Magistrates. |
23. Subordination of Executive Magistrates. | 17. Subordination of Executive Magistrates |
24. Public Prosecutors. | 18. Public Prosecutors. (Change) |
25. Assistant Public prosecutors. | 19. Assistant Public Prosecutors (Change) |
25A. Directorate of Prosecution. | 20. Directorate of Prosecution. (Change) |
CHAPTER IIIPOWER OF COURTS | CHAPTER III POWER OF COURTS |
26. Courts by which offences are triable. | 21. Courts by which offences are triable. |
27. Jurisdiction in the case of juveniles. | Deleted |
28. Sentences which High Courts and Sessions Judges may pass. | 22. Sentences which High Courts and Sessions Judges may pass. (Change) |
29. Sentences which Magistrates may pass. | 23. Sentences which Magistrates may pass (Change) |
30. Sentence of imprisonment in default of fine. | 24. Sentence of imprisonment in default of fine. |
31. Sentence in cases of conviction of several offences at one trial. | 25. Sentence in cases of conviction of several offences at one trial. (Change) |
32. Mode of conferring powers. | 26. Mode of conferring powers. |
33. Powers of officers appointed. | 27. Powers of officers appointed. |
34. Withdrawal of powers. | 28. Withdrawal of powers. |
35. Powers of Judges and Magistrates exercisable by their successors-in-office. | 29. Powers of Judges and Magistrates exercisable by their successors-in-office. (Change) |
CHAPTER IVA.–POWERS OF SUPERIOR OFFICERS OF POLICE | CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE |
36. Powers of superior officers of police. | 30. Powers of superior officers of police. |
B.–AID TO THE MAGISTRATES AND THE POLICE37. Public when to assist Magistrates and police. | 31. Public when to assist Magistrates and police. |
38. Aid to person, other than police officer, executing warrant. | 32. Aid to person, other than police officer, executing warrant. |
39. Public to give information of certain offences. | 33. Public to give information of certain offences. |
40. Duty of officers employed in connection with the affairs of a village to make certain report. | 34. Duty of officers employed in connection with affairs of a village to make certain report. |
CHAPTER V ARREST OF PERSONS | CHAPTER V ARREST OF PERSONS |
41. When police may arrest without warrant. | 35. When police may arrest without warrant (Change)35(1) |
41(2) | 35(2) |
41A Notice of appearance before police officer | 35(3), 35(4) 35(5), 35(6) |
New Sub-Section | 35(7) |
41B. Procedure of arrest and duties of officer making arrest. | 36. Procedure of arrest and duties of officer making arrest. |
41C. Control room at districts. | 37. Designated police officer. (Change) |
41D. Right of arrested person to meet an advocate of his choice during interrogation. | 38. Right of arrested person to meet an advocate of his choice during interrogation. |
42. Arrest on refusal to give name and residence. | 39. Arrest on refusal to give name and residence. (Change) |
43. Arrest by private person and procedure on such arrest. | 40. Arrest by private person and procedure on such arrest. (Change) |
44. Arrest by Magistrate. | 41. Arrest by Magistrate. |
45. Protection of members of the Armed Forces from arrest. | 42. Protection of members of Armed Forces from arrest. |
46. Arrest how made. | 43. Arrest how made. (Change) |
46(1) | 43(1) |
46(2) | 43(2) |
New Sub-Section | 43(3) |
46(3) | 43(4) |
46(4) | 43(5) |
47. Search of place entered by person sought to be arrested. | 44. Search of place entered by person sought to be arrested |
48. Pursuit of offenders into other jurisdictions. | 45. Pursuit of offenders into other jurisdictions. |
49. No unnecessary restraint. | 46. No unnecessary restraint. |
50. Person arrested to be informed of grounds of arrest and of right to bail. | 47. Person arrested to be informed of grounds of arrest and of right to bail. |
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. | 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. (Change) |
51. Search of arrested person. | 49. Search of arrested person. |
52. Power to seize offensive weapons. | 50. Power to seize offensive weapons. (Change) |
53. Examination of accused by medical practitioner at the request of police officer. | 51. Examination of accused by medical practitioner at request of police officer. (Change) |
53(1) | 51(1) |
53(2) | 51(2) |
New Sub-section | 51(3) |
53A. Examination of person accused of rape by medical practitioner. | 52. Examination of person accused of rape by medical practitioner. (Change) |
54. Examination of arrested person by medical officer. | 53. Examination of arrested person by medical officer. (Change) |
54A. Identification of person arrested. | 54. Identification of person arrested. (Change) |
55. Procedure when police officer deputes subordinate to arrest without warrant. | 55. Procedure when police officer deputes subordinate to arrest without warrant. |
55A. Health and safety of arrested person. | 56. Health and safety of arrested person. |
56. Person arrested to be taken before Magistrate or officer in charge of police station. | 57. Person arrested to be taken before Magistrate or officer in charge of police station. |
57. Person arrested not to be detained more than twenty-four hours. | 58. Person arrested not to be detained more than twenty-four hours. (Change) |
58. Police to report apprehensions. | 59. Police to report apprehensions. |
59. Discharge of person apprehended. | 60. Discharge of person apprehended. (Change) |
60. Power, on escape, to pursue and retake. | 61. Power, on escape, to pursue and retake. |
60A. Arrest to be made strictly according to the Code. | 62. Arrest to be made strictly according to Sanhita. |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.–Summons |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.—Summons |
61. Form of summons. | 63. Form of summons. (Change)63(ii) |
62. Summons how served. | 64. Summons how served. (Change) |
63. Service of summons on corporate bodies and societies. | 65. Service of summons on corporate bodies, firms, and societies. (Change)65(1) (Change) |
New Sub-Section | 65(2) |
64. Service when persons summoned cannot be found. | 66. Service when persons summoned cannot be found. |
65. Procedure when service cannot be effected as before provided. | 67. Procedure when service cannot be effected as before provided. |
66. Service on Government servant. | 68. Service on Government servant. |
67. Service of summons outside local limits. | 69. Service of summons outside local limits. |
68. Proof of service in such cases and when serving officer not present. | 70. Proof of service in such cases and when serving officer not present. (Change) |
68 (1) | 70(1) |
68(2) | 70(2) |
New Sub-Section | 70(3) |
69. Service of summons on witness by post. | 71. Service of summons on witness. (Change) |
B.—Warrant of arrest | B.—Warrant of arrest |
70. Form of warrant of arrest and duration. | 72. Form of warrant of arrest and duration. |
71. Power to direct security to be taken. | 73. Power to direct security to be taken. (Change) |
72. Warrants to whom directed. | 74. Warrants to whom directed. |
73. Warrant may be directed to any person. | 75. Warrant may be directed to any person. |
74. Warrant directed to police officer. | 76. Warrant directed to police officer. |
75. Notification of substance of warrant. | 77. Notification of substance of warrant. |
76. Person arrested to be brought before Court without delay. | 78. Person arrested to be brought before Court without delay. |
77. Where warrant may be executed. | 79. Where warrant may be executed. |
78. Warrant forwarded for execution outside jurisdiction. | 80. Warrant forwarded for execution outside jurisdiction. |
79. Warrant directed to police officer for execution outside jurisdiction. | 81. Warrant directed to police officer for execution outside jurisdiction. |
80. Procedure on arrest of person against whom warrant issued. | 82. Procedure on arrest of person against whom warrant issued. (Change)82(1) |
New Sub-Section | 82(2) |
81. Procedure by Magistrate before whom such person arrested is brought. | 83. Procedure by Magistrate before whom such person arrested is brought. (Change) |
C.—Proclamation and attachment | C.—Proclamation and attachment |
82. Proclamation for person absconding. | 84. Proclamation for person absconding. (Change) |
83. Attachment of property of person absconding. | 85. Attachment of property of person absconding. |
New Section | 86. Identification and attachment of property of proclaimed person. |
84. Claims and objections to attachment. | 87. Claims and objections to attachment. |
85. Release, sale and restoration of attached property. | 88. Release, sale and restoration of attached property. |
86. Appeal from order rejecting application for restoration of attached property. | 89. Appeal from order rejecting application for restoration of attached property. |
D.—Other rules regarding processes | D.—Other rules regarding processes |
87. Issue of warrant in lieu of, or in addition to, summons. | 90. Issue of warrant in lieu of, or in addition to, summons. |
88. Power to take bond for appearance. | 91. Power to take bond or bail bond for appearance. (Change) |
89. Arrest on breach of bond for appearance. | 92. Arrest on breach of bond or bail bond for appearance. (Change) |
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest. | 93. Provisions of this Chapter generally applicable to summonses and warrants of arrest. |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce |
91. Summons to produce document or other thing. | 94. Summons to produce document or other thing. (Change) |
92. Procedure as to letters and telegrams. | 95. Procedure as to letters. (Change) |
B.—Search-warrants | B.—Search-warrants |
93. When search-warrant may be issued. | 96. When search-warrant may be issued. (Change) |
94. Search of place suspected to contain stolen property, forged documents, etc. | 97. Search of place suspected to contain stolen property, forged documents, etc. (Change) |
95. Power to declare certain publications forfeited and to issue search-warrants for same. | 98. Power to declare certain publications forfeited and to issue search-warrants for same. |
96. Application to High Court to set aside declaration of forfeiture. | 99. Application to High Court to set aside declaration of forfeiture. |
97. Search for persons wrongfully confined. | 100. Search for persons wrongfully confined. |
98. Power to compel restoration of abducted females. | 101. Power to compel restoration of abducted females. (Change) |
C.- General provisions relating to searches | C.- General provisions relating to searches |
99. Direction, etc., of search- warrants. | 102. Direction, etc., of search- warrants. |
100. Persons in charge of closed place to allow search. | 103. Persons in charge of closed place to allow search. |
101. Disposal of things found in search beyond jurisdiction. | 104. Disposal of things found in search beyond jurisdiction. |
D.—Miscellaneous | D.—Miscellaneous |
105. Recording of search and seizure through audio-video electronic means. (Change) | |
102. Power of police officer to seize certain property. | 106. Power of police officer to seize certain property. |
107. Attachment, forfeiture or restoration of property. (Change) | |
103. Magistrate may direct search in his presence. | 108. Magistrate may direct search in his presence. |
104. Power to impound document, etc., produced. | 109. Power to impound document, etc., produced. |
105. Reciprocal arrangements regarding processes. | 110. Reciprocal arrangements regarding processes. |
CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY | CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY |
105A. Definitions. | 111. Definitions. |
166A. Letter of request to competent authority for investigation in a country or place outside India. | 112. Letter of request to competent authority for investigation in a country or place outside India. |
166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India. | 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India. (Change) |
105B. Assistance in securing transfer of persons. | 114. Assistance in securing transfer of persons. |
105C. Assistance in relation to orders of attachment or forfeiture of property. | 115. Assistance in relation to orders of attachment or forfeiture of property. |
105D. Identifying unlawfully acquired property. | 116. Identifying unlawfully acquired property. |
105E. Seizure or attachment of property. | 117. Seizure or attachment of property. |
105F. Management of properties seized or forfeited under this Chapter. | 118. Management of properties seized or forfeited under this Chapter. |
105G. Notice of forfeiture of property. | 119. Notice of forfeiture of property. |
105H. Forfeiture of property in certain cases | 120. Forfeiture of property in certain cases |
105-I. Fine in lieu of forfeiture. | 121. Fine in lieu of forfeiture. |
105J. Certain transfers to be null and void. | 122. Certain transfers to be null and void. |
105K. Procedure in respect of letter of request. | 123. Procedure in respect of letter of request. |
105L. Application of this Chapter. | 124. Application of this Chapter. |
CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR | CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR |
106. Security for keeping peace on conviction. | 125. Security for keeping peace on conviction. (Change) |
107. Security for keeping peace in other cases. | 126. Security for keeping peace in other cases. (Change) |
108. Security for good behaviour from persons disseminating seditious matters. | 127. Security for good behaviour from persons disseminating certain matters. (Change) |
109. Security for good behaviour from suspected persons. | 128. Security for good behaviour from suspected persons. (Change) |
110. Security for good behaviour from habitual offenders. | 129. Security for good behaviour from habitual offenders. (Change) |
111. Order to be made. | 130. Order to be made. (Change) |
112. Procedure in respect of person present in Court. | 131. Procedure in respect of person present in Court. |
113. Summons or warrant in case of person not so present. | 132. Summons or warrant in case of person not so present. |
114. Copy of order to accompany summons or warrant. | 133. Copy of order to accompany summons or warrant. |
115. Power to dispense with personal attendance. | 134. Power to dispense with personal attendance. (Change) |
116. Inquiry as to truth of information. | 135. Inquiry as to truth of information. (Change) |
117. Order to give security. | 136. Order to give security. (Change) |
118. Discharge of person informed against. | 137. Discharge of person informed against. |
119. Commencement of period for which security is required. | 138. Commencement of period for which security is required. |
120. Contents of bond. | 139. Contents of bond. (Change) |
121. Power to reject sureties. | 140. Power to reject sureties. (Change) |
122. Imprisonment in default of security. | 141. Imprisonment in default of security. (Change) |
123. Power to release persons imprisoned for failing to give security. | 142. Power to release persons imprisoned for failing to give security. |
124. Security for unexpired period of bond. | 143. Security for unexpired period of bond. (Change) |
CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS | CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS |
125. Order for maintenance of wives, children and parents. | 144. Order for maintenance of wives, children and parents. |
126. Procedure. | 145. Procedure. |
127. Alteration in allowance. | 146. Alteration in allowance. |
128. Enforcement of order of maintenance. | 147. Enforcement of order of maintenance. |
CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.–Unlawful assemblies |
CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.—Unlawful assemblies |
129. Dispersal of assembly by use of civil force. | 148. Dispersal of assembly by use of civil force. (Change) |
130. Use of armed forces to disperse assembly. | 149. Use of armed forces to disperse assembly. (Change) |
131. Power of certain armed force officers to disperse assembly. | 150. Power of certain armed force officers to disperse assembly. |
132. Protection against prosecution for acts done under preceding sections. | 151. Protection against prosecution for acts done under sections 148, 149 and 150. |
B.—Public nuisances | B.—Public nuisances |
133. Conditional order for removal of nuisance. | 152. Conditional order for removal of nuisance. |
134. Service or notification of order. | 153. Service or notification of order. |
135. Person to whom order is addressed to obey or show cause. | 154. Person to whom order is addressed to obey or show cause. (Change) |
136. Consequences of his failing to do so. | 155. Penalty for failure to comply with section 154. |
137. Procedure where existence of public right is denied. | 156. Procedure where existence of public right is denied. |
138. Procedure where he appears to show cause. | 157. Procedure where person against whom order is made under section 152 appears to show cause. (Change) |
139. Power of Magistrate to direct local investigation and examination of an expert. | 158. Power of Magistrate to direct local investigation and examination of an expert. |
140. Power of Magistrate to furnish written instructions, etc. | 159. Power of Magistrate to furnish written instructions, etc. |
141. Procedure on order being made absolute and consequences of disobedience. | 160. Procedure on order being made absolute and consequences of disobedience. |
142. Injunction pending inquiry. | 161. Injunction pending inquiry. |
143. Magistrate may prohibit repetition or continuance of public nuisance. | 162. Magistrate may prohibit repetition or continuance of public nuisance. (Change) |
C.—Urgent cases of nuisance or apprehended danger | C.—Urgent cases of nuisance or apprehended danger |
144. Power to issue order in urgent cases of nuisance or apprehended danger. | 163. Power to issue order in urgent cases of nuisance or apprehended danger. |
144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms. | Deleted |
D.—Disputes as to immovable property | D.—Disputes as to immovable property |
145. Procedure where dispute concerning land or water is likely to cause breach of peace. | 164. Procedure where dispute concerning land or water is likely to cause breach of peace. |
146. Power to attach subject of dispute and to appoint receiver. | 165. Power to attach subject of dispute and to appoint receiver. |
147. Dispute concerning right of use of land or water. | 166. Dispute concerning right of use of land or water. |
148. Local Inquiry. | 167. Local Inquiry. |
CHAPTER XI PREVENTIVE ACTION OF THE POLICE | CHAPTER XII PREVENTIVE ACTION OF THE POLICE |
149. Police to prevent cognizable offences. | 168. Police to prevent cognizable offences. |
150. Information of design to commit cognizable offences. | 169. Information of design to commit cognizable offences. |
151 Arrest to prevent commission of cognizable offences. | 170. Arrest to prevent commission of cognizable offences. |
152. Prevention of injury to public property. | 171. Prevention of injury to public property. |
New Section | 172. Persons bound to conform to lawful directions of police. |
153. Inspection of weights and measures. | Deleted |
CHAPTER-XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE | CHAPTER-XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE |
154. Information in cognizable cases. | 173. Information in cognizable cases. (Change)173(1)(ii)
173(3) |
155. Information as to non-cognizable cases and investigation of such cases. | 174. Information as to non-cognizable cases and investigation of such cases. (Change)174(1)(ii) |
156. Police officer’s power to investigate cognizable case.156(1) | 175. Police officer’s power to investigate cognizable case. (Change)175(1) |
156(2) | 175(2) |
156(3) | 175(3) |
New Sub-Section | 175(4) |
157. Procedure for investigation. | 176. Procedure for investigation. (Change) |
157(1) | 176(1) |
157(2) | 176(2) |
New Sub-Section | 176(3) |
158. Report how submitted. | 177. Report how submitted. |
159. Power to hold investigation or preliminary inquiry. | 178. Power to hold investigation or preliminary inquiry. |
160. Police officer’s power to require attendance of witnesses. | 179. Police officer’s power to require attendance of witnesses. (Change) |
161. Examination of witnesses by police. | 180. Examination of witnesses by police. (Change) |
162. Statements to police not to be signed: Use of statements in evidence. | 181. Statements to police and use thereof. |
163. No inducement to be offered. | 182. No inducement to be offered. |
164. Recording of confessions and statements. | 183. Recording of confessions and statements. (Change) |
164A Medical examination of victim of rape. | 184. Medical examination of victim of rape. (Change) |
165. Search by police officer. | 185. Search by police officer. (Change) |
166. When officer in charge of police station may require another to issue search- warrant. | 186. When officer in charge of police station may require another to issue search- warrant. |
167. Procedure when investigation cannot be completed in twenty-four hours. | 187. Procedure when investigation cannot be completed in twenty-four hours. (Change) |
168. Report of investigation by subordinate police officer. | 188. Report of investigation by subordinate police officer. |
169. Release of accused when evidence deficient. | 189. Release of accused when evidence deficient. (Change) |
170. Cases to be sent to Magistrate, when evidence is sufficient. | 190. Cases to be sent to Magistrate, when evidence is sufficient. (Change) |
171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. | 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint |
172. Diary of proceedings in investigation. | 192. Diary of proceedings in investigation. |
173. Report of police officer on completion of investigation. | 193. Report of police officer on completion of investigation. (Change)193(3)(ii)
193(8) |
174. Police to enquire and report on suicide, etc. | 194. Police to enquire and report on suicide, etc. (Change) |
175. Power to summon persons. | 195. Power to summon persons. (Change) |
176. Inquiry by Magistrate into cause of death. | 196. Inquiry by Magistrate into cause of death. (Change) |
CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS | CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS |
177. Ordinary place of inquiry and trial. | 197. Ordinary place of inquiry and trial. |
178. Place of inquiry or trial. | 198. Place of inquiry or trial. |
179. Offence triable where act is done or consequence ensues. | 199. Offence triable where act is done or consequence ensues. |
180. Place of trial where act is an offence by reason of relation to other offence. | 200. Place of trial where act is an offence by reason of relation to other offence. |
181. Place of trial in case of certain offences. | 201. Place of trial in case of certain offences. (Change) |
182. Offences committed by letters, etc. | 202. Offences committed by means of electronic communications, letters, etc. (Change) |
183. Offence committed on journey or voyage. | 203. Offence committed on journey or voyage. |
184. Place of trial for offences triable together. | 204. Place of trial for offences triable together. |
185. Power to order cases to be tried in different sessions divisions. | 205. Power to order cases to be tried in different sessions divisions. |
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. | 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
187. Power to issue summons or warrant for offence committed beyond local jurisdiction. | 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. (Change) |
188. Offence committed outside India. | 208. Offence committed outside India. (Change) |
189. Receipt of evidence relating to offences committed outside India. | 209. Receipt of evidence relating to offences committed outside India. (Change) |
CHAPTER XIVCONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS | CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS |
190. Cognizance of offences by Magistrates. | 210. Cognizance of offences by Magistrates. (Change) |
191. Transfer on application of accused. | 211. Transfer on application of accused. |
192. Making over of cases to Magistrates. | 212. Making over of cases to Magistrates. |
193. Cognizance of offences by Court of Session. | 213. Cognizance of offences by Court of Session. |
194. Additional and Assistant Sessions Judges to try cases made over to them. | 214. Additional Sessions Judges to try cases made over to them. (Change) |
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. | 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (Change) |
195A. Procedure for witnesses in case of threatening, etc. | 216. Procedure for witnesses in case of threatening, etc. |
196. Prosecution for offences against State and for criminal conspiracy to commit such offence. | 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. |
197. Prosecution of Judges and public servants. | 218. Prosecution of Judges and public servants. (Change) |
198. Prosecution for offences against marriage. | 219. Prosecution for offences against marriage. (Change) |
198A. Prosecution of offences under section 498A of the Indian Penal Code | 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 |
198B. Cognizance of offence. | 221. Cognizance of offence. |
199. Prosecution for defamation | 222. Prosecution for defamation (Change) |
CHAPTER XV COMPLAINTS TO MAGISTRATES | CHAPTER XVI COMPLAINTS TO MAGISTRATES |
200. Examination of complainant. | 223. Examination of complainant. (Change)223(1) |
New Sub-Section | 223(2) |
201. Procedure by Magistrate not competent to take cognizance of case | 224. Procedure by Magistrate not competent to take cognizance of case. |
202. Postponement of issue of process. | 225. Postponement of issue of process. |
203. Dismissal of complaint. | 226. Dismissal of complaint. |
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES | CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES |
204. Issue of process. | 227. Issue of process. (Change) |
205. Magistrate may dispense with personal attendance of accused. | 228. Magistrate may dispense with personal attendance of accused. |
206. Special summons in cases of petty offence. | 229. Special summons in cases of petty offence. (Change) |
207. Supply to the accused of copy of police report and other documents. | 230. Supply to accused of copy of police report and other documents. (Change) |
208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. | 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. (Change) |
209. Commitment of case to Court of Session when offence is triable exclusively by it. | 232. Commitment of case to Court of Session when offence is triable exclusively by it. (Change) |
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. | 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. |
CHAPTER XVII THE CHARGE
A.–Form of charges |
CHAPTER XVIII THE CHARGE
A.—Form of charges |
211. Contents of charge. | 234. Contents of charge. |
212. Particulars as to time, place and person. | 235. Particulars as to time, place and person. |
213. When manner of committing offence must be stated. | 236. When manner of committing offence must be stated. |
214. Words in charge taken in sense of law under which offence is punishable. | 237. Words in charge taken in sense of law under which offence is punishable. |
215. Effect of errors. | 238. Effect of errors. |
216. Court may alter charge. | 239. Court may alter charge. |
217. Recall of witnesses when charge altered. | 240. Recall of witnesses when charge altered. |
B.- Joinder of charges | B.- Joinder of charges |
218. Separate charges for distinct offences. | 241. Separate charges for distinct offences. |
219. Three offences of same kind within year may be charged together. | 242. Offences of same kind within year may be charged together. (Change) |
220. Trial for more than one offence. | 243. Trial for more than one offence. |
221. Where it is doubtful what offence has been committed. | 244. Where it is doubtful what offence has been committed. |
222. When offence proved included in offence charged. | 245. When offence proved included in offence charged. |
223. What persons may be charged jointly. | 246. What persons may be charged jointly. |
224. Withdrawal of remaining charges on conviction on one of several charges. | 247. Withdrawal of remaining charges on conviction on one of several charges. |
CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION | CHAPTER XIX TRIAL BEFORE A COURT OF SESSION |
225. Trial to be conducted by Public Prosecutor. | 248. Trial to be conducted by Public Prosecutor. |
226. Opening case for prosecution. | 249. Opening case for prosecution. (Change) |
New Sub-Section | 250. Discharge. (Change)250(1) |
227. Discharge. | 250(2) |
228. Framing of charge. | 251. Framing of charge. (Change) |
229. Conviction on plea of guilty. | 252. Conviction on plea of guilty. |
230. Date for prosecution evidence. | 253. Date for prosecution evidence. |
231(1). Evidence for prosecution. | 254. Evidence for prosecution. (Change) |
New Sub-Section | 254(1). |
New Sub-Section | 254(2) |
231(2). | 254. (3) |
232. Acquittal. | 255. Acquittal. |
233. Entering upon defence. | 256. Entering upon defence. |
234. Arguments. | 257. Arguments. |
235. Judgment of acquittal or conviction. | 258. Judgment of acquittal or conviction (Change) |
236. Previous conviction. | 259. Previous conviction. |
237. Procedure in cases instituted under section 199(2). | 260. Procedure in cases instituted under sub-section (2) of section 222. |
CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES
A.–Cases instituted on a police report |
CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES
A.—Cases instituted on a police report |
238. Compliance with section 207. | 261. Compliance with section 230. |
262. When accused shall be discharged. (Change) | |
New Sub-Section | 262(1) |
239. When accused shall be discharged. | 262 (2) |
240. Framing of charge. | 263. Framing of charge. (Change) |
241. Conviction on plea of guilty. | 264. Conviction on plea of guilty. |
242. Evidence for prosecution. | 265. Evidence for prosecution. (Change) |
243. Evidence for defence. | 266. Evidence for defence. (Change) |
B.—Cases instituted otherwise than on police report | B.—Cases instituted otherwise than on police report |
244. Evidence for prosecution. | 267. Evidence for prosecution. |
245. When accused shall be discharged. | 268. When accused shall be discharged. |
246. Procedure where accused is not discharged. | 269. Procedure where accused is not discharged. (Change)269(7) |
247. Evidence for defence. | 270. Evidence for defence. |
C.-Conclusion of trial | C.-Conclusion of trial |
248. Acquittal or conviction. | 271. Acquittal or conviction. |
249. Absence of complainant. | 272. Absence of complainant. (Change) |
250. Compensation for accusation without reasonable cause. | 273. Compensation for accusation without reasonable cause. (Change) |
CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES | CHAPTER XXITRIAL OF SUMMONS-CASES BY MAGISTRATES |
251. Substance of accusation to be stated. | 274. Substance of accusation to be stated. (Change) |
252. Conviction on plea of guilty. | 275. Conviction on plea of guilty. |
253. Conviction on plea of guilty in absence of accused in petty cases. | 276. Conviction on plea of guilty in absence of accused in petty cases. |
254. Procedure when not convicted. | 277. Procedure when not convicted. |
255. Acquittal or conviction. | 278. Acquittal or conviction. |
256. Non-appearance or death of complainant. | 279. Non-appearance or death of complainant. (Change) |
257. Withdrawal of complaint. | 280. Withdrawal of complaint. |
258. Power to stop proceedings in certain cases. | 281. Power to stop proceedings in certain cases. |
259. Power of Court to convert summons-cases into warrant-cases. | 282. Power of Court to convert summons-cases into warrant-cases. |
CHAPTER XXI SUMMARY TRIALS | CHAPTER XXII SUMMARY TRIALS |
283. Power to try summarily. (Change) | |
260 (1). (i) Summary trial for imprisonment upto two years | 283(2) Summary trial for imprisonment upto three years |
260(2). | 283(3) |
261. Summary trial by Magistrate of second class. | 284. Summary trial by Magistrate of second class. |
262. Procedure for summary trials. | 285. Procedure for summary trials. |
263. Record in summary trials. | 286. Record in summary trials. |
264. Judgment in cases tried summarily. | 287. Judgment in cases tried summarily. |
265. Language of record and judgment. | 288. Language of record and judgment. |
CHAPTER XXIA PLEA BARGAINING | CHAPTER XXIIIPLEA BARGAINING |
265A. Application of the Chapter. | 289. Application of Chapter. |
265B. Application for plea bargaining. | 290. Application for plea bargaining. (Change) |
265C. Guidelines for mutually satisfactory disposition. | 291. Guidelines for mutually satisfactory disposition. |
265D. Report of the mutually satisfactory disposition to be submitted before the Court. | 292. Report of mutually satisfactory disposition to be submitted before Court. |
265E. Disposal of the case. | 293. Disposal of case. (Change) |
265F. Judgment of the Court. | 294. Judgment of Court. |
265G. Finality of the judgment. | 295. Finality of judgment. |
265H. Power of the Court in plea bargaining. | 296. Power of Court in plea bargaining. |
265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment. | 297. Period of detention undergone by accused to be set off against sentence of imprisonment. |
265J. Savings. | 298. Savings. |
265K. Statements of accused not to be used. | 299. Statements of accused not to be used. |
265L. Non-application of the Chapter. | 300. Non-application of Chapter. |
CHAPTER XXIIATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS | CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS |
266. Definitions. | 301. Definitions. |
267. Power to require attendance of prisoners. | 302. Power to require attendance of prisoners. |
268. Power of State Government to exclude certain persons from operation of section 267. | 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. (Change) |
269. Officer in charge of prison to abstain from carrying out order in certain contingencies. | 304. Officer in charge of prison to abstain from carrying out order in certain contingencies. |
270. Prisoner to be brought to Court in custody. | 305. Prisoner to be brought to Court in custody. |
271. Power to issue commission for examination of witness in prison. | 306. Power to issue commission for examination of witness in prison. |
CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS
A.–Mode of taking and recording evidence |
CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS
A.—Mode of taking and recording evidence |
272. Language of Courts. | 307. Language of Courts. |
273. Evidence to be taken in presence of accused. | 308. Evidence to be taken in presence of accused. (Change) |
274. Record in summons-cases and inquiries. | 309. Record in summons-cases and inquiries. |
275. Record in warrant-cases. | 310. Record in warrant-cases. |
276. Record in trial before Court of Session. | 311. Record in trial before Court of Session. |
277. Language of record of evidence. | 312. Language of record of evidence. |
278. Procedure in regard to such evidence when completed. | 313. Procedure in regard to such evidence when completed. (Change) |
279. Interpretation of evidence to accused or his advocate. | 314. Interpretation of evidence to accused or his advocate. |
280. Remarks respecting demeanour of witness. | 315. Remarks respecting demeanour of witness. |
281. Record of examination of accused. | 316. Record of examination of accused. (Change) |
282. Interpreter to be bound to interpret truthfully. | 317. Interpreter to be bound to interpret truthfully. |
283. Record in High Court. | 318. Record in High Court. |
B.-Commissions for the examination of witnesses | B.-Commissions for the examination of witnesses |
284. When attendance of witness may be dispensed with and commission issued. | 319. When attendance of witness may be dispensed with and commission issued. |
285. Commission to whom to be issued. | 320. Commission to whom to be issued. (Change) |
286. Execution of commissions. | 321. Execution of commissions. (Change) |
287. Parties may examine witnesses. | 322. Parties may examine witnesses. |
288. Return of commission. | 323. Return of commission. |
289. Adjournment of proceeding. | 324. Adjournment of proceeding. |
290. Execution of foreign commissions. | 325. Execution of foreign commissions. |
291. Deposition of medical witness. | 326. Deposition of medical witness. |
291A. Identification report of Magistrate. | 327. Identification report of Magistrate. |
292. Evidence of officers of the Mint. | 328. Evidence of officers of the Mint. |
293. Reports of certain Government scientific experts. | 329. Reports of certain Government scientific experts. |
294. No formal proof of certain documents. | 330. No formal proof of certain documents. (Change) |
295. Affidavit in proof of conduct of public servants. | 331. Affidavit in proof of conduct of public servants. |
296. Evidence of formal character on affidavit. | 332. Evidence of formal character on affidavit. |
297. Authorities before whom affidavits may be sworn. | 333. Authorities before whom affidavits may be sworn. |
298. Previous conviction or acquittal how proved. | 334. Previous conviction or acquittal how proved. |
299. Record of evidence in absence of accused. | 335. Record of evidence in absence of accused. |
336. Evidence of public servants, experts, police officers in certain cases. (Change) | |
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS | CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS |
300. Person once convicted or acquitted not to be tried for same offence. | 337. Person once convicted or acquitted not to be tried for same offence. |
301. Appearance by Public Prosecutors. | 338. Appearance by Public Prosecutors. |
302. Permission to conduct prosecution. | 339. Permission to conduct prosecution. |
303. Right of person against whom proceedings are instituted to be defended. | 340. Right of person against whom proceedings are instituted to be defended. |
304. Legal aid to accused at State expense in certain cases. | 341. Legal aid to accused at State expense in certain cases. (Change) |
305. Procedure when corporation or registered society is an accused. | 342. Procedure when corporation or registered society is an accused. |
306. Tender of pardon to accomplice. | 343. Tender of pardon to accomplice. (Change) |
307. Power to direct tender of pardon. | 344. Power to direct tender of pardon. |
308. Trial of person not complying with conditions of pardon. | 345. Trial of person not complying with conditions of pardon. |
309. Power to postpone or adjourn proceedings. | 346. Power to postpone or adjourn proceedings. (Change) |
310. Local inspection. | 347. Local inspection. |
311. Power to summon material witness, or examine person present. | 348. Power to summon material witness, or examine person present. |
311A. Power of Magistrate to order person to give specimen signatures or handwriting. | 349. Power of Magistrate to order person to give specimen signatures or handwriting. (Change) |
312. Expenses of complainants and witnesses. | 350. Expenses of complainants and witnesses. |
313. Power to examine the accused. | 351. Power to examine accused. |
314. Oral arguments and memorandum of arguments. | 352. Oral arguments and memorandum of arguments. |
315. Accused person to be competent witness. | 353. Accused person to be competent witness. |
316. No influence to be used to induce disclosure. | 354. No influence to be used to induce disclosure. |
317. Provision for inquiries and trial being held in the absence of accused in certain cases. | 355. Provision for inquiries and trial being held in the absence of accused in certain cases. (Change) |
356. Inquiry, trial or judgment in absentia of proclaimed offender. (Change) | |
318. Procedure where accused does not understand proceedings. | 357. Procedure where accused does not understand proceedings. |
319. Power to proceed against other persons appearing to be guilty of offence. | 358. Power to proceed against other persons appearing to be guilty of offence. |
320. Compounding of offences. | 359. Compounding of offences. (Change) |
321. Withdrawal from prosecution. | 360. Withdrawal from prosecution. (Change) |
322. Procedure in cases which Magistrate cannot dispose of. | 361. Procedure in cases which Magistrate cannot dispose of. |
323. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. | 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. |
324. Trial of persons previously convicted of offences against coinage, stamp-law or property. | 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. |
325. Procedure when Magistrate cannot pass sentence sufficiently severe. | 364. Procedure when Magistrate cannot pass sentence sufficiently severe. |
326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. | 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
327. Court to be open. | 366. Court to be open. |
CHAPTER XXVPROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND | CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND |
328. Procedure in case of accused being lunatic | 367. Procedure in case of accused being person of unsound mind. (Change) |
329. Procedure in case of person of unsound mind tried before Court | 368. Procedure in case of person of unsound mind tried before Court. |
330. Release of person of unsound mind pending investigation or trial. | 369. Release of person of unsound mind pending investigation or trial. (Change) |
331. Resumption of inquiry or trial. | 370. Resumption of inquiry or trial. |
332. Procedure on accused appearing before Magistrate or Court. | 371. Procedure on accused appearing before Magistrate or Court. |
333. When accused appears to have been of sound mind. | 372. When accused appears to have been of sound mind. |
334. Judgment of acquittal on ground of unsoundness of mind. | 373. Judgment of acquittal on ground of unsoundness of mind. |
335. Person acquitted on such ground of unsoundness of mind to be detained in safe custody. | 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. (Change) |
336. Power of State Government to empower officer in charge to discharge. | 375. Power of State Government to empower officer in charge to discharge. |
337. Procedure where lunatic prisoner is reported capable of making his defence. | 376. Procedure where prisoner of unsound mind is reported capable of making his defence. (Change) |
338. Procedure where lunatic detained is declared fit to be released. | 377. Procedure where person of unsound mind detained is declared fit to be released. (Change) |
339. Delivery of lunatic to care of relative or friend. | 378. Delivery of person of unsound mind to care of relative or friend. (Change) |
CHAPTER XXVIPROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE | CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE |
340. Procedure in cases mentioned in section 195 | 379. Procedure in cases mentioned in section 215. |
341. Appeal. | 380. Appeal. |
342. Power to order costs. | 381. Power to order costs. |
343. Procedure of Magistrate taking cognizance. | 382. Procedure of Magistrate taking cognizance. |
344. Summary procedure for trial for giving false evidence. | 383. Summary procedure for trial for giving false evidence. (Change) |
345. Procedure in certain cases of contempt. | 384. Procedure in certain cases of contempt. (Change) |
346. Procedure where Court considers that case should not be dealt with under section 345. | 385. Procedure where Court considers that case should not be dealt with under section 384. |
347. When Registrar or Sub-Registrar to be deemed a Civil Court. | 386. When Registrar or Sub-Registrar to be deemed a Civil Court. |
348. Discharge of offender on submission of apology. | 387. Discharge of offender on submission of apology. |
349. Imprisonment or committal of person refusing to answer or produce document. | 388. Imprisonment or committal of person refusing to answer or produce document. |
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. | 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. |
351. Appeals from convictions under sections 344, 345, 349 and 350. | 390. Appeals from convictions under sections 383, 384, 388 and 389. |
352. Certain Judges and Magistrates not to try certain offences when committed before themselves. | 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. |
Chapter XXVIITHE JUDGMENT | Chapter XXIXTHE JUDGMENT |
353. Judgment. | 392. Judgment. (Change) |
354. Language and contents of judgment. | 393. Language and contents of judgment. |
355. Metropolitan Magistrate’s judgment. | DELETED |
356. Order for notifying address of previously convicted offender. | 394. Order for notifying address of previously convicted offender. (Change) |
357. Order to pay compensation. | 395. Order to pay compensation. |
396. Victim compensation scheme. | |
357A. Victim compensation scheme. | 396(1) – 396(6) |
357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. | 396(7) |
357C. Treatment of victims. | 397. Treatment of victims. (Change) |
New Section | 398. Witness protection scheme. |
358. Compensation to persons groundlessly arrested. | 399. Compensation to persons groundlessly arrested. |
359. Order to pay costs in non-cognizable cases. | 400. Order to pay costs in non-cognizable cases. |
360. Order to release on probation of good conduct or after admonition. | 401. Order to release on probation of good conduct or after admonition. (Change) |
361. Special reasons to be recorded in certain cases. | 402. Special reasons to be recorded in certain cases. |
362. Court not to alter judgment. | 403. Court not to alter judgment. |
363. Copy of judgment to be given to the accused and other persons. | 404. Copy of judgment to be given to the accused and other persons. (Change) |
364. Judgment when to be translated. | 405. Judgment when to be translated. (Change) |
365. Court of Session to send copy of finding and sentence to District Magistrate. | 406. Court of Session to send copy of finding and sentence to District Magistrate. |
CHAPTER XXVIIISUBMISSION OF DEATH SENTENCES FOR CONFIRMATION | CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION |
366. Sentence of death to be submitted by Court of Session for confirmation. | 407. Sentence of death to be submitted by Court of Session for confirmation. |
367. Power to direct further inquiry to be made or additional evidence to be taken. | 408. Power to direct further inquiry to be made or additional evidence to be taken. |
368. Power of High Court to confirm sentence or annul conviction. | 409. Power of High Court to confirm sentence or annul conviction. |
369. Confirmation or new sentence to be signed by two Judges. | 410. Confirmation or new sentence to be signed by two Judges. |
370. Procedure in case of difference of opinion. | 411. Procedure in case of difference of opinion. |
371. Procedure in cases submitted to High Court for confirmation. | 412. Procedure in cases submitted to High Court for confirmation. (Change) |
CHAPTER XXIX APPEALS | CHAPTER XXXI APPEALS |
372. No appeal to lie unless otherwise provided. | 413. No appeal to lie unless otherwise provided. |
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. | 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. |
374. Appeals from convictions. | 415. Appeals from convictions. (Change) |
375. No appeal in certain cases when accused pleads guilty. | 416. No appeal in certain cases when accused pleads guilty. |
376. No appeal in petty cases. | 417. No appeal in petty cases. (Change) |
377. Appeal by the State Government against sentence. | 418. Appeal by State Government against sentence. (Change) |
378. Appeal in case of acquittal. | 419. Appeal in case of acquittal. (Change) |
379. Appeal against conviction by High Court in certain cases. | 420. Appeal against conviction by High Court in certain cases. |
380. Special right of appeal in certain cases. | 421. Special right of appeal in certain cases. |
381. Appeal to Court of Session how heard. | 422. Appeal to Court of Session how heard. (Change) |
382. Petition of appeal. | 423. Petition of appeal. |
383. Procedure when appellant in jail. | 424. Procedure when appellant in jail. |
384. Summary dismissal of appeal. | 425. Summary dismissal of appeal. |
385. Procedure for hearing appeals not dismissed summarily. | 426. Procedure for hearing appeals not dismissed summarily. |
386. Powers of the Appellate Court. | 427. Powers of Appellate Court. |
387. Judgments of subordinate Appellate Court. | 428. Judgments of subordinate Appellate Court. |
388. Order of High Court on appeal to be certified to lower Court. | 429. Order of High Court on appeal to be certified to lower Court. |
389. Suspension of sentence pending the appeal; release of appellant on bail. | 430. Suspension of sentence pending the appeal; release of appellant on bail. (Change) |
390. Arrest of accused in appeal from acquittal. | 431. Arrest of accused in appeal from acquittal. |
391. Appellate Court may take further evidence or direct it to be taken. | 432. Appellate Court may take further evidence or direct it to be taken. |
392. Procedure where Judges of Court of Appeal are equally divided. | 433. Procedure where Judges of Court of Appeal are equally divided. |
393. Finality of judgments and orders on appeal. | 434. Finality of judgments and orders on appeal. |
394. Abatement of appeals. | 435. Abatement of appeals. |
CHAPTER XXXREFERENCE AND REVISION | CHAPTER XXXII REFERENCE AND REVISION |
395. Reference to High Court. | 436. Reference to High Court. (Change) |
396. Disposal of case according to decision of High Court. | 437. Disposal of case according to decision of High Court. |
397. Calling for records to exercise powers of revision. | 438. Calling for records to exercise powers of revision. (Change) |
398. Power to order inquiry. | 439. Power to order inquiry. |
399. Sessions Judge’s powers of revision. | 440. Sessions Judge’s powers of revision. |
400. Power of Additional Sessions Judge. | 441. Power of Additional Sessions Judge. |
401. High Court’s powers of revision. | 442. High Court’s powers of revision. |
402. Power of High Court to withdraw or transfer revision cases. | 443. Power of High Court to withdraw or transfer revision cases. |
403. Option of Court to hear parties. | 444. Option of Court to hear parties. |
404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. | Deleted |
405. High Court’s order to be certified to lower Court. | 445. High Court’s order to be certified to lower Court. |
CHAPTER XXXITRANSFER OF CRIMINAL CASES | CHAPTER XXXIII TRANSFER OF CRIMINAL CASES |
406. Power of Supreme Court to transfer cases and appeals. | 446. Power of Supreme Court to transfer cases and appeals. |
407. Power of High Court to transfer cases and appeals. | 447. Power of High Court to transfer cases and appeals. (Change) |
408. Power of Sessions Judge to transfer cases and appeals. | 448. Power of Sessions Judge to transfer cases and appeals. (Change) |
409. Withdrawal of cases and appeals by Sessions Judge. | 449. Withdrawal of cases and appeals by Sessions Judges. |
410. Withdrawal of cases by Judicial Magistrate. | 450. Withdrawal of cases by Judicial Magistrates. |
411. Making over or withdrawal of cases by Executive Magistrates. | 451. Making over or withdrawal of cases by Executive Magistrates. |
412 Reasons to be recorded. | 452. Reasons to be recorded. |
CHAPTER XXXIIEXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences |
CHAPTER XXXIVEXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences |
413. Execution of order passed under section 368 | 453. Execution of order passed under section 409 |
414. Execution of sentence of death passed by High Court. | 454. Execution of sentence of death passed by High Court. |
415. Postponement of execution of sentence of death in case of appeal to Supreme Court. | 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. |
416. Postponement of capital sentence on pregnant woman. | 456. Commutation of sentence of death on pregnant woman. (Change) |
B.—Imprisonment | B.—Imprisonment |
417. Power to appoint place of imprisonment. | 457. Power to appoint place of imprisonment. |
418. Execution of sentence of imprisonment. | 458. Execution of sentence of imprisonment. (Change) |
419. Direction of warrant for execution. | 459. Direction of warrant for execution. |
420. Warrant with whom to be lodged. | 460. Warrant with whom to be lodged. |
C.—Levy of fine | C.—Levy of fine |
421. Warrant for levy of fine. | 461. Warrant for levy of fine. (Change) |
422. Effect of such warrant. | 462. Effect of such warrant. |
423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. | 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. |
424. Suspension of execution of sentence of imprisonment. | 464. Suspension of execution of sentence of imprisonment. (Change) |
D.—General provisions regarding execution | D.—General provisions regarding execution |
425. Who may issue warrant. | 465. Who may issue warrant. |
426. Sentence on escaped convict when to take effect. | 466. Sentence on escaped convict when to take effect. |
427. Sentence on offender already sentenced for another offence. | 467. Sentence on offender already sentenced for another offence. |
428. Period of detention undergone by accused to be set off against sentence of imprisonment. | 468. Period of detention undergone by accused to be set off against sentence of imprisonment. |
429. Saving. | 469. Saving. |
430. Return of warrant on execution of sentence. | 470. Return of warrant on execution of sentence. |
431. Money ordered to be paid recoverable as a fine. | 471. Money ordered to be paid recoverable as a fine. |
E.—Suspension, remission and commutation of sentences | E.—Suspension, remission and commutation of sentences |
New Section | 472. Mercy Petition in death sentence cases. |
432. Power to suspend or remit sentences. | 473. Power to suspend or remit sentences. |
433. Power to commute sentence. | 474. Power to commute sentence. (Change)474(c)
474(d) |
433A. Restriction on powers of remission or commutation in certain cases. | 475. Restriction on powers of remission or commutation in certain cases. |
434. Concurrent power of Central Government in case of death sentences. | 476. Concurrent power of Central Government in case of death sentences. |
435. State Government to act after consultation with Central Government in certain cases. | 477. State Government to act after concurrence with Central Government in certain cases. (Change) |
CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS | CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS |
436. In what cases bail to be taken. | 478. In what cases bail to be taken. |
436A. Maximum period for which undertrial prisoner can be detained. | 479. Maximum period for which undertrial prisoner can be detained. (Change)479(2)
479(3) |
437. When bail may be taken in case of non-bailable offence. | 480. When bail may be taken in case of non-bailable offence. (Change) |
437A. Bail to require accused to appear before next appellate Court. | 481. Bail to require accused to appear before next appellate Court. (Change) |
438. Direction for grant of bail to person apprehending arrest. | 482. Direction for grant of bail to person apprehending arrest. (Change) |
439. Special powers of High Court or Court of Session regarding bail. | 483. Special powers of High Court or Court of Session regarding bail. |
440. Amount of bond and reduction thereof. | 484. Amount of bond and reduction thereof. |
441. Bond of accused and sureties. | 485. Bond of accused and sureties. (Change) |
441A. Declaration by sureties. | 486. Declaration by sureties. |
442. Discharge from custody. | 487. Discharge from custody. (Change) |
443. Power to order sufficient bail when that first taken is insufficient | 488. Power to order sufficient bail when that first taken is insufficient. |
444. Discharge of sureties. | 489. Discharge of sureties. |
445. Deposit instead of recognizance. | 490. Deposit instead of recognizance. (Change) |
446. Procedure when bond has been forfeited. | 491. Procedure when bond has been forfeited. |
446A. Cancellation of bond and bail bond. | 492. Cancellation of bond and bail bond. (Change) |
447. Procedure in case of insolvency or death of surety or when a bond is forfeited. | 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. |
448. Bond required from minor. | 494. Bond required from child. (Change) |
449. Appeal from orders under section 446. | 495. Appeal from orders under section 491. |
450. Power to direct levy of amount due on certain recognizances. | 496. Power to direct levy of amount due on certain recognizances. |
CHAPTER XXXIV DISPOSAL OF PROPERTY | CHAPTER XXXVI DISPOSAL OF PROPERTY |
451. Order for custody and disposal of property pending trial in certain cases. | 497(1). Order for custody and disposal of property pending trial in certain cases. (Change) |
New Sub-Section | 497(2) |
New Sub-Section | 497(3) |
New Sub-Section | 497(4) |
New Sub-Section | 497(5) |
452. Order for disposal of property at conclusion of trial. | 498. Order for disposal of property at conclusion of trial. |
453. Payment to innocent purchaser of money found on accused. | 499. Payment to innocent purchaser of money found on accused. |
454. Appeal against orders under section 452 or section 453. | 500. Appeal against orders under section 498 or section 499. |
455 Destruction of libellous and other matter. | 501. Destruction of libellous and other matter. |
456 Power to restore possession of immovable property. | 502. Power to restore possession of immovable property. |
457. Procedure by police upon seizure of property. | 503. Procedure by police upon seizure of property. |
458. Procedure where no claimant appears within six months. | 504. Procedure where no claimant appears within six months. |
459. Power to sell perishable property. | 505. Power to sell perishable property. (Change) |
CHAPTER XXXV IRREGULAR PROCEEDINGS | CHAPTER XXXVII IRREGULAR PROCEEDINGS |
460. Irregularities which do not vitiate proceedings. | 506. Irregularities which do not vitiate proceedings. |
461. Irregularities which vitiate proceedings. | 507. Irregularities which vitiate proceedings. (Change) |
462. Proceedings in wrong place. | 508. Proceedings in wrong place. |
463. Non-compliance with provisions of section 164 or section 281. | 509. Non-compliance with provisions of section 183 or section 316. |
464. Effect of omission to frame, or absence of, or error in, charge. | 510. Effect of omission to frame, or absence of, or error in, charge. |
465. Finding or sentence when reversible by reason of error, omission or irregularity. | 511. Finding or sentence when reversible by reason of error, omission or irregularity. |
466. Defect or error not to make attachment unlawful. | 512. Defect or error not to make attachment unlawful. |
CHAPTER XXXVILIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES | CHAPTER XXXVIIILIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES |
467. Definitions. | 513. Definitions. |
468. Bar to taking cognizance after lapse of the period of limitation. | 514. Bar to taking cognizance after lapse of period of limitation. (Change) |
469. Commencement of the period of limitation. | 515. Commencement of period of limitation. |
470. Exclusion of time in certain cases. | 516. Exclusion of time in certain cases. |
471. Exclusion of date on which Court is closed. | 517. Exclusion of date on which Court is closed. |
472. Continuing offence. | 518. Continuing offence. |
473. Extension of period of limitation in certain cases. | 519. Extension of period of limitation in certain cases. |
CHAPTER XXXVIIMISCELLANEOUS | CHAPTER XXXIX MISCELLANEOUS |
474. Trials before High Courts. | 520. Trials before High Courts. |
475. Delivery to commanding officers of persons liable to be tried by Court-martial. | 521. Delivery to commanding officers of persons liable to be tried by Court-martial. |
476. Forms. | 522. Forms. |
477. Power of High Court to make rules. | 523. Power of High Court to make rules. |
478. Power to alter functions allocated to Executive Magistrate in certain cases. | 524. Power to alter functions allocated to Executive Magistrate in certain cases. |
479. Cases in which Judge or Magistrate is personally interested. | 525. Cases in which Judge or Magistrate is personally interested. |
480. Practising pleader not to sit as Magistrate in certain Courts. | 526. Practising advocate not to sit as Magistrate in certain Courts. (Change) |
481. Public servant concerned in sale not to purchase or bid for property. | 527. Public servant concerned in sale not to purchase or bid for property. |
482. Saving of inherent powers of High Court. | 528. Saving of inherent powers of High Court. |
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. | 529. Duty of High Court to exercise continuous superintendence over Courts. (Change) |
New Section | 530. Trial and proceedings to be held in electronic mode. |
484. Repeal and savings. | 531. Repeal and savings. (Change) |
Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
CHAPTER I PRELIMINARY | CHAPTER IPRELIMINARY |
1. Short title, extent and commencement | 1. Short title, extent and commencement. |
2. Definitions. | 2. Definitions. (Change) |
2(f) India | Deleted |
2(k) Metropolitan Area | Deleted |
2(q) Pleader | Deleted |
2(t) Prescribed | Deleted |
3. Construction of references. | 3. Construction of references. |
4. Trial of offences under the Indian Penal Code and other laws. | 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. |
5. Saving. | 5. Saving. |
CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES | CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES |
6. Classes of Criminal Courts. | 6. Classes of Criminal Courts. |
7. Territorial divisions. | 7. Territorial divisions. |
8. Metropolitan areas. | Deleted |
9. Court of Session. | 8. Court of Session (Change) |
10. Subordination of Assistant Sessions Judges. | Deleted |
11. Courts of Judicial Magistrates. | 9. Courts of Judicial Magistrates. |
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. |
13. Special Judicial Magistrates. | 11. Special Judicial Magistrates (Change) |
14. Local jurisdiction of Judicial Magistrates. | 12. Local Jurisdiction of Judicial Magistrates. (Change) |
15. Subordination of Judicial Magistrates. | 13. Subordination of Judicial Magistrates. |
16. Courts of Metropolitan Magistrates. | Deleted |
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. | Deleted |
18. Special Metropolitan Magistrates. | Deleted |
19. Subordination of Metropolitan Magistrates. | Deleted |
20. Executive Magistrates. | 14. Executive Magistrates. (Change) |
21. Special Executive Magistrates. | 15. Special Executive Magistrates. (Change) |
22. Local Jurisdiction of Executive Magistrates. | 16. Local Jurisdiction of Executive Magistrates. |
23. Subordination of Executive Magistrates. | 17. Subordination of Executive Magistrates |
24. Public Prosecutors. | 18. Public Prosecutors. (Change) |
25. Assistant Public prosecutors. | 19. Assistant Public Prosecutors (Change) |
25A. Directorate of Prosecution. | 20. Directorate of Prosecution. (Change) |
CHAPTER IIIPOWER OF COURTS | CHAPTER III POWER OF COURTS |
26. Courts by which offences are triable. | 21. Courts by which offences are triable. |
27. Jurisdiction in the case of juveniles. | Deleted |
28. Sentences which High Courts and Sessions Judges may pass. | 22. Sentences which High Courts and Sessions Judges may pass. (Change) |
29. Sentences which Magistrates may pass. | 23. Sentences which Magistrates may pass (Change) |
30. Sentence of imprisonment in default of fine. | 24. Sentence of imprisonment in default of fine. |
31. Sentence in cases of conviction of several offences at one trial. | 25. Sentence in cases of conviction of several offences at one trial. (Change) |
32. Mode of conferring powers. | 26. Mode of conferring powers. |
33. Powers of officers appointed. | 27. Powers of officers appointed. |
34. Withdrawal of powers. | 28. Withdrawal of powers. |
35. Powers of Judges and Magistrates exercisable by their successors-in-office. | 29. Powers of Judges and Magistrates exercisable by their successors-in-office. (Change) |
CHAPTER IVA.–POWERS OF SUPERIOR OFFICERS OF POLICE | CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE |
36. Powers of superior officers of police. | 30. Powers of superior officers of police. |
B.–AID TO THE MAGISTRATES AND THE POLICE37. Public when to assist Magistrates and police. | 31. Public when to assist Magistrates and police. |
38. Aid to person, other than police officer, executing warrant. | 32. Aid to person, other than police officer, executing warrant. |
39. Public to give information of certain offences. | 33. Public to give information of certain offences. |
40. Duty of officers employed in connection with the affairs of a village to make certain report. | 34. Duty of officers employed in connection with affairs of a village to make certain report. |
CHAPTER V ARREST OF PERSONS | CHAPTER V ARREST OF PERSONS |
41. When police may arrest without warrant. | 35. When police may arrest without warrant (Change)35(1) |
41(2) | 35(2) |
41A Notice of appearance before police officer | 35(3), 35(4) 35(5), 35(6) |
New Sub-Section | 35(7) |
41B. Procedure of arrest and duties of officer making arrest. | 36. Procedure of arrest and duties of officer making arrest. |
41C. Control room at districts. | 37. Designated police officer. (Change) |
41D. Right of arrested person to meet an advocate of his choice during interrogation. | 38. Right of arrested person to meet an advocate of his choice during interrogation. |
42. Arrest on refusal to give name and residence. | 39. Arrest on refusal to give name and residence. (Change) |
43. Arrest by private person and procedure on such arrest. | 40. Arrest by private person and procedure on such arrest. (Change) |
44. Arrest by Magistrate. | 41. Arrest by Magistrate. |
45. Protection of members of the Armed Forces from arrest. | 42. Protection of members of Armed Forces from arrest. |
46. Arrest how made. | 43. Arrest how made. (Change) |
46(1) | 43(1) |
46(2) | 43(2) |
New Sub-Section | 43(3) |
46(3) | 43(4) |
46(4) | 43(5) |
47. Search of place entered by person sought to be arrested. | 44. Search of place entered by person sought to be arrested |
48. Pursuit of offenders into other jurisdictions. | 45. Pursuit of offenders into other jurisdictions. |
49. No unnecessary restraint. | 46. No unnecessary restraint. |
50. Person arrested to be informed of grounds of arrest and of right to bail. | 47. Person arrested to be informed of grounds of arrest and of right to bail. |
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. | 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. (Change) |
51. Search of arrested person. | 49. Search of arrested person. |
52. Power to seize offensive weapons. | 50. Power to seize offensive weapons. (Change) |
53. Examination of accused by medical practitioner at the request of police officer. | 51. Examination of accused by medical practitioner at request of police officer. (Change) |
53(1) | 51(1) |
53(2) | 51(2) |
New Sub-section | 51(3) |
53A. Examination of person accused of rape by medical practitioner. | 52. Examination of person accused of rape by medical practitioner. (Change) |
54. Examination of arrested person by medical officer. | 53. Examination of arrested person by medical officer. (Change) |
54A. Identification of person arrested. | 54. Identification of person arrested. (Change) |
55. Procedure when police officer deputes subordinate to arrest without warrant. | 55. Procedure when police officer deputes subordinate to arrest without warrant. |
55A. Health and safety of arrested person. | 56. Health and safety of arrested person. |
56. Person arrested to be taken before Magistrate or officer in charge of police station. | 57. Person arrested to be taken before Magistrate or officer in charge of police station. |
57. Person arrested not to be detained more than twenty-four hours. | 58. Person arrested not to be detained more than twenty-four hours. (Change) |
58. Police to report apprehensions. | 59. Police to report apprehensions. |
59. Discharge of person apprehended. | 60. Discharge of person apprehended. (Change) |
60. Power, on escape, to pursue and retake. | 61. Power, on escape, to pursue and retake. |
60A. Arrest to be made strictly according to the Code. | 62. Arrest to be made strictly according to Sanhita. |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.–Summons |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.—Summons |
61. Form of summons. | 63. Form of summons. (Change)63(ii) |
62. Summons how served. | 64. Summons how served. (Change) |
63. Service of summons on corporate bodies and societies. | 65. Service of summons on corporate bodies, firms, and societies. (Change)65(1) (Change) |
New Sub-Section | 65(2) |
64. Service when persons summoned cannot be found. | 66. Service when persons summoned cannot be found. |
65. Procedure when service cannot be effected as before provided. | 67. Procedure when service cannot be effected as before provided. |
66. Service on Government servant. | 68. Service on Government servant. |
67. Service of summons outside local limits. | 69. Service of summons outside local limits. |
68. Proof of service in such cases and when serving officer not present. | 70. Proof of service in such cases and when serving officer not present. (Change) |
68 (1) | 70(1) |
68(2) | 70(2) |
New Sub-Section | 70(3) |
69. Service of summons on witness by post. | 71. Service of summons on witness. (Change) |
B.—Warrant of arrest | B.—Warrant of arrest |
70. Form of warrant of arrest and duration. | 72. Form of warrant of arrest and duration. |
71. Power to direct security to be taken. | 73. Power to direct security to be taken. (Change) |
72. Warrants to whom directed. | 74. Warrants to whom directed. |
73. Warrant may be directed to any person. | 75. Warrant may be directed to any person. |
74. Warrant directed to police officer. | 76. Warrant directed to police officer. |
75. Notification of substance of warrant. | 77. Notification of substance of warrant. |
76. Person arrested to be brought before Court without delay. | 78. Person arrested to be brought before Court without delay. |
77. Where warrant may be executed. | 79. Where warrant may be executed. |
78. Warrant forwarded for execution outside jurisdiction. | 80. Warrant forwarded for execution outside jurisdiction. |
79. Warrant directed to police officer for execution outside jurisdiction. | 81. Warrant directed to police officer for execution outside jurisdiction. |
80. Procedure on arrest of person against whom warrant issued. | 82. Procedure on arrest of person against whom warrant issued. (Change)82(1) |
New Sub-Section | 82(2) |
81. Procedure by Magistrate before whom such person arrested is brought. | 83. Procedure by Magistrate before whom such person arrested is brought. (Change) |
C.—Proclamation and attachment | C.—Proclamation and attachment |
82. Proclamation for person absconding. | 84. Proclamation for person absconding. (Change) |
83. Attachment of property of person absconding. | 85. Attachment of property of person absconding. |
New Section | 86. Identification and attachment of property of proclaimed person. |
84. Claims and objections to attachment. | 87. Claims and objections to attachment. |
85. Release, sale and restoration of attached property. | 88. Release, sale and restoration of attached property. |
86. Appeal from order rejecting application for restoration of attached property. | 89. Appeal from order rejecting application for restoration of attached property. |
D.—Other rules regarding processes | D.—Other rules regarding processes |
87. Issue of warrant in lieu of, or in addition to, summons. | 90. Issue of warrant in lieu of, or in addition to, summons. |
88. Power to take bond for appearance. | 91. Power to take bond or bail bond for appearance. (Change) |
89. Arrest on breach of bond for appearance. | 92. Arrest on breach of bond or bail bond for appearance. (Change) |
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest. | 93. Provisions of this Chapter generally applicable to summonses and warrants of arrest. |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce |
91. Summons to produce document or other thing. | 94. Summons to produce document or other thing. (Change) |
92. Procedure as to letters and telegrams. | 95. Procedure as to letters. (Change) |
B.—Search-warrants | B.—Search-warrants |
93. When search-warrant may be issued. | 96. When search-warrant may be issued. (Change) |
94. Search of place suspected to contain stolen property, forged documents, etc. | 97. Search of place suspected to contain stolen property, forged documents, etc. (Change) |
95. Power to declare certain publications forfeited and to issue search-warrants for same. | 98. Power to declare certain publications forfeited and to issue search-warrants for same. |
96. Application to High Court to set aside declaration of forfeiture. | 99. Application to High Court to set aside declaration of forfeiture. |
97. Search for persons wrongfully confined. | 100. Search for persons wrongfully confined. |
98. Power to compel restoration of abducted females. | 101. Power to compel restoration of abducted females. (Change) |
C.- General provisions relating to searches | C.- General provisions relating to searches |
99. Direction, etc., of search- warrants. | 102. Direction, etc., of search- warrants. |
100. Persons in charge of closed place to allow search. | 103. Persons in charge of closed place to allow search. |
101. Disposal of things found in search beyond jurisdiction. | 104. Disposal of things found in search beyond jurisdiction. |
D.—Miscellaneous | D.—Miscellaneous |
105. Recording of search and seizure through audio-video electronic means. (Change) | |
102. Power of police officer to seize certain property. | 106. Power of police officer to seize certain property. |
107. Attachment, forfeiture or restoration of property. (Change) | |
103. Magistrate may direct search in his presence. | 108. Magistrate may direct search in his presence. |
104. Power to impound document, etc., produced. | 109. Power to impound document, etc., produced. |
105. Reciprocal arrangements regarding processes. | 110. Reciprocal arrangements regarding processes. |
CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY | CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY |
105A. Definitions. | 111. Definitions. |
166A. Letter of request to competent authority for investigation in a country or place outside India. | 112. Letter of request to competent authority for investigation in a country or place outside India. |
166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India. | 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India. (Change) |
105B. Assistance in securing transfer of persons. | 114. Assistance in securing transfer of persons. |
105C. Assistance in relation to orders of attachment or forfeiture of property. | 115. Assistance in relation to orders of attachment or forfeiture of property. |
105D. Identifying unlawfully acquired property. | 116. Identifying unlawfully acquired property. |
105E. Seizure or attachment of property. | 117. Seizure or attachment of property. |
105F. Management of properties seized or forfeited under this Chapter. | 118. Management of properties seized or forfeited under this Chapter. |
105G. Notice of forfeiture of property. | 119. Notice of forfeiture of property. |
105H. Forfeiture of property in certain cases | 120. Forfeiture of property in certain cases |
105-I. Fine in lieu of forfeiture. | 121. Fine in lieu of forfeiture. |
105J. Certain transfers to be null and void. | 122. Certain transfers to be null and void. |
105K. Procedure in respect of letter of request. | 123. Procedure in respect of letter of request. |
105L. Application of this Chapter. | 124. Application of this Chapter. |
CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR | CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR |
106. Security for keeping peace on conviction. | 125. Security for keeping peace on conviction. (Change) |
107. Security for keeping peace in other cases. | 126. Security for keeping peace in other cases. (Change) |
108. Security for good behaviour from persons disseminating seditious matters. | 127. Security for good behaviour from persons disseminating certain matters. (Change) |
109. Security for good behaviour from suspected persons. | 128. Security for good behaviour from suspected persons. (Change) |
110. Security for good behaviour from habitual offenders. | 129. Security for good behaviour from habitual offenders. (Change) |
111. Order to be made. | 130. Order to be made. (Change) |
112. Procedure in respect of person present in Court. | 131. Procedure in respect of person present in Court. |
113. Summons or warrant in case of person not so present. | 132. Summons or warrant in case of person not so present. |
114. Copy of order to accompany summons or warrant. | 133. Copy of order to accompany summons or warrant. |
115. Power to dispense with personal attendance. | 134. Power to dispense with personal attendance. (Change) |
116. Inquiry as to truth of information. | 135. Inquiry as to truth of information. (Change) |
117. Order to give security. | 136. Order to give security. (Change) |
118. Discharge of person informed against. | 137. Discharge of person informed against. |
119. Commencement of period for which security is required. | 138. Commencement of period for which security is required. |
120. Contents of bond. | 139. Contents of bond. (Change) |
121. Power to reject sureties. | 140. Power to reject sureties. (Change) |
122. Imprisonment in default of security. | 141. Imprisonment in default of security. (Change) |
123. Power to release persons imprisoned for failing to give security. | 142. Power to release persons imprisoned for failing to give security. |
124. Security for unexpired period of bond. | 143. Security for unexpired period of bond. (Change) |
CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS | CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS |
125. Order for maintenance of wives, children and parents. | 144. Order for maintenance of wives, children and parents. |
126. Procedure. | 145. Procedure. |
127. Alteration in allowance. | 146. Alteration in allowance. |
128. Enforcement of order of maintenance. | 147. Enforcement of order of maintenance. |
CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.–Unlawful assemblies |
CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.—Unlawful assemblies |
129. Dispersal of assembly by use of civil force. | 148. Dispersal of assembly by use of civil force. (Change) |
130. Use of armed forces to disperse assembly. | 149. Use of armed forces to disperse assembly. (Change) |
131. Power of certain armed force officers to disperse assembly. | 150. Power of certain armed force officers to disperse assembly. |
132. Protection against prosecution for acts done under preceding sections. | 151. Protection against prosecution for acts done under sections 148, 149 and 150. |
B.—Public nuisances | B.—Public nuisances |
133. Conditional order for removal of nuisance. | 152. Conditional order for removal of nuisance. |
134. Service or notification of order. | 153. Service or notification of order. |
135. Person to whom order is addressed to obey or show cause. | 154. Person to whom order is addressed to obey or show cause. (Change) |
136. Consequences of his failing to do so. | 155. Penalty for failure to comply with section 154. |
137. Procedure where existence of public right is denied. | 156. Procedure where existence of public right is denied. |
138. Procedure where he appears to show cause. | 157. Procedure where person against whom order is made under section 152 appears to show cause. (Change) |
139. Power of Magistrate to direct local investigation and examination of an expert. | 158. Power of Magistrate to direct local investigation and examination of an expert. |
140. Power of Magistrate to furnish written instructions, etc. | 159. Power of Magistrate to furnish written instructions, etc. |
141. Procedure on order being made absolute and consequences of disobedience. | 160. Procedure on order being made absolute and consequences of disobedience. |
142. Injunction pending inquiry. | 161. Injunction pending inquiry. |
143. Magistrate may prohibit repetition or continuance of public nuisance. | 162. Magistrate may prohibit repetition or continuance of public nuisance. (Change) |
C.—Urgent cases of nuisance or apprehended danger | C.—Urgent cases of nuisance or apprehended danger |
144. Power to issue order in urgent cases of nuisance or apprehended danger. | 163. Power to issue order in urgent cases of nuisance or apprehended danger. |
144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms. | Deleted |
D.—Disputes as to immovable property | D.—Disputes as to immovable property |
145. Procedure where dispute concerning land or water is likely to cause breach of peace. | 164. Procedure where dispute concerning land or water is likely to cause breach of peace. |
146. Power to attach subject of dispute and to appoint receiver. | 165. Power to attach subject of dispute and to appoint receiver. |
147. Dispute concerning right of use of land or water. | 166. Dispute concerning right of use of land or water. |
148. Local Inquiry. | 167. Local Inquiry. |
CHAPTER XI PREVENTIVE ACTION OF THE POLICE | CHAPTER XII PREVENTIVE ACTION OF THE POLICE |
149. Police to prevent cognizable offences. | 168. Police to prevent cognizable offences. |
150. Information of design to commit cognizable offences. | 169. Information of design to commit cognizable offences. |
151 Arrest to prevent commission of cognizable offences. | 170. Arrest to prevent commission of cognizable offences. |
152. Prevention of injury to public property. | 171. Prevention of injury to public property. |
New Section | 172. Persons bound to conform to lawful directions of police. |
153. Inspection of weights and measures. | Deleted |
CHAPTER-XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE | CHAPTER-XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE |
154. Information in cognizable cases. | 173. Information in cognizable cases. (Change)173(1)(ii)
173(3) |
155. Information as to non-cognizable cases and investigation of such cases. | 174. Information as to non-cognizable cases and investigation of such cases. (Change)174(1)(ii) |
156. Police officer’s power to investigate cognizable case.156(1) | 175. Police officer’s power to investigate cognizable case. (Change)175(1) |
156(2) | 175(2) |
156(3) | 175(3) |
New Sub-Section | 175(4) |
157. Procedure for investigation. | 176. Procedure for investigation. (Change) |
157(1) | 176(1) |
157(2) | 176(2) |
New Sub-Section | 176(3) |
158. Report how submitted. | 177. Report how submitted. |
159. Power to hold investigation or preliminary inquiry. | 178. Power to hold investigation or preliminary inquiry. |
160. Police officer’s power to require attendance of witnesses. | 179. Police officer’s power to require attendance of witnesses. (Change) |
161. Examination of witnesses by police. | 180. Examination of witnesses by police. (Change) |
162. Statements to police not to be signed: Use of statements in evidence. | 181. Statements to police and use thereof. |
163. No inducement to be offered. | 182. No inducement to be offered. |
164. Recording of confessions and statements. | 183. Recording of confessions and statements. (Change) |
164A Medical examination of victim of rape. | 184. Medical examination of victim of rape. (Change) |
165. Search by police officer. | 185. Search by police officer. (Change) |
166. When officer in charge of police station may require another to issue search- warrant. | 186. When officer in charge of police station may require another to issue search- warrant. |
167. Procedure when investigation cannot be completed in twenty-four hours. | 187. Procedure when investigation cannot be completed in twenty-four hours. (Change) |
168. Report of investigation by subordinate police officer. | 188. Report of investigation by subordinate police officer. |
169. Release of accused when evidence deficient. | 189. Release of accused when evidence deficient. (Change) |
170. Cases to be sent to Magistrate, when evidence is sufficient. | 190. Cases to be sent to Magistrate, when evidence is sufficient. (Change) |
171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. | 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint |
172. Diary of proceedings in investigation. | 192. Diary of proceedings in investigation. |
173. Report of police officer on completion of investigation. | 193. Report of police officer on completion of investigation. (Change)193(3)(ii)
193(8) |
174. Police to enquire and report on suicide, etc. | 194. Police to enquire and report on suicide, etc. (Change) |
175. Power to summon persons. | 195. Power to summon persons. (Change) |
176. Inquiry by Magistrate into cause of death. | 196. Inquiry by Magistrate into cause of death. (Change) |
CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS | CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS |
177. Ordinary place of inquiry and trial. | 197. Ordinary place of inquiry and trial. |
178. Place of inquiry or trial. | 198. Place of inquiry or trial. |
179. Offence triable where act is done or consequence ensues. | 199. Offence triable where act is done or consequence ensues. |
180. Place of trial where act is an offence by reason of relation to other offence. | 200. Place of trial where act is an offence by reason of relation to other offence. |
181. Place of trial in case of certain offences. | 201. Place of trial in case of certain offences. (Change) |
182. Offences committed by letters, etc. | 202. Offences committed by means of electronic communications, letters, etc. (Change) |
183. Offence committed on journey or voyage. | 203. Offence committed on journey or voyage. |
184. Place of trial for offences triable together. | 204. Place of trial for offences triable together. |
185. Power to order cases to be tried in different sessions divisions. | 205. Power to order cases to be tried in different sessions divisions. |
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. | 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
187. Power to issue summons or warrant for offence committed beyond local jurisdiction. | 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. (Change) |
188. Offence committed outside India. | 208. Offence committed outside India. (Change) |
189. Receipt of evidence relating to offences committed outside India. | 209. Receipt of evidence relating to offences committed outside India. (Change) |
CHAPTER XIVCONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS | CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS |
190. Cognizance of offences by Magistrates. | 210. Cognizance of offences by Magistrates. (Change) |
191. Transfer on application of accused. | 211. Transfer on application of accused. |
192. Making over of cases to Magistrates. | 212. Making over of cases to Magistrates. |
193. Cognizance of offences by Court of Session. | 213. Cognizance of offences by Court of Session. |
194. Additional and Assistant Sessions Judges to try cases made over to them. | 214. Additional Sessions Judges to try cases made over to them. (Change) |
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. | 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (Change) |
195A. Procedure for witnesses in case of threatening, etc. | 216. Procedure for witnesses in case of threatening, etc. |
196. Prosecution for offences against State and for criminal conspiracy to commit such offence. | 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. |
197. Prosecution of Judges and public servants. | 218. Prosecution of Judges and public servants. (Change) |
198. Prosecution for offences against marriage. | 219. Prosecution for offences against marriage. (Change) |
198A. Prosecution of offences under section 498A of the Indian Penal Code | 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 |
198B. Cognizance of offence. | 221. Cognizance of offence. |
199. Prosecution for defamation | 222. Prosecution for defamation (Change) |
CHAPTER XV COMPLAINTS TO MAGISTRATES | CHAPTER XVI COMPLAINTS TO MAGISTRATES |
200. Examination of complainant. | 223. Examination of complainant. (Change)223(1) |
New Sub-Section | 223(2) |
201. Procedure by Magistrate not competent to take cognizance of case | 224. Procedure by Magistrate not competent to take cognizance of case. |
202. Postponement of issue of process. | 225. Postponement of issue of process. |
203. Dismissal of complaint. | 226. Dismissal of complaint. |
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES | CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES |
204. Issue of process. | 227. Issue of process. (Change) |
205. Magistrate may dispense with personal attendance of accused. | 228. Magistrate may dispense with personal attendance of accused. |
206. Special summons in cases of petty offence. | 229. Special summons in cases of petty offence. (Change) |
207. Supply to the accused of copy of police report and other documents. | 230. Supply to accused of copy of police report and other documents. (Change) |
208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. | 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. (Change) |
209. Commitment of case to Court of Session when offence is triable exclusively by it. | 232. Commitment of case to Court of Session when offence is triable exclusively by it. (Change) |
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. | 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. |
CHAPTER XVII THE CHARGE
A.–Form of charges |
CHAPTER XVIII THE CHARGE
A.—Form of charges |
211. Contents of charge. | 234. Contents of charge. |
212. Particulars as to time, place and person. | 235. Particulars as to time, place and person. |
213. When manner of committing offence must be stated. | 236. When manner of committing offence must be stated. |
214. Words in charge taken in sense of law under which offence is punishable. | 237. Words in charge taken in sense of law under which offence is punishable. |
215. Effect of errors. | 238. Effect of errors. |
216. Court may alter charge. | 239. Court may alter charge. |
217. Recall of witnesses when charge altered. | 240. Recall of witnesses when charge altered. |
B.- Joinder of charges | B.- Joinder of charges |
218. Separate charges for distinct offences. | 241. Separate charges for distinct offences. |
219. Three offences of same kind within year may be charged together. | 242. Offences of same kind within year may be charged together. (Change) |
220. Trial for more than one offence. | 243. Trial for more than one offence. |
221. Where it is doubtful what offence has been committed. | 244. Where it is doubtful what offence has been committed. |
222. When offence proved included in offence charged. | 245. When offence proved included in offence charged. |
223. What persons may be charged jointly. | 246. What persons may be charged jointly. |
224. Withdrawal of remaining charges on conviction on one of several charges. | 247. Withdrawal of remaining charges on conviction on one of several charges. |
CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION | CHAPTER XIX TRIAL BEFORE A COURT OF SESSION |
225. Trial to be conducted by Public Prosecutor. | 248. Trial to be conducted by Public Prosecutor. |
226. Opening case for prosecution. | 249. Opening case for prosecution. (Change) |
New Sub-Section | 250. Discharge. (Change)250(1) |
227. Discharge. | 250(2) |
228. Framing of charge. | 251. Framing of charge. (Change) |
229. Conviction on plea of guilty. | 252. Conviction on plea of guilty. |
230. Date for prosecution evidence. | 253. Date for prosecution evidence. |
231(1). Evidence for prosecution. | 254. Evidence for prosecution. (Change) |
New Sub-Section | 254(1). |
New Sub-Section | 254(2) |
231(2). | 254. (3) |
232. Acquittal. | 255. Acquittal. |
233. Entering upon defence. | 256. Entering upon defence. |
234. Arguments. | 257. Arguments. |
235. Judgment of acquittal or conviction. | 258. Judgment of acquittal or conviction (Change) |
236. Previous conviction. | 259. Previous conviction. |
237. Procedure in cases instituted under section 199(2). | 260. Procedure in cases instituted under sub-section (2) of section 222. |
CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES
A.–Cases instituted on a police report |
CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES
A.—Cases instituted on a police report |
238. Compliance with section 207. | 261. Compliance with section 230. |
262. When accused shall be discharged. (Change) | |
New Sub-Section | 262(1) |
239. When accused shall be discharged. | 262 (2) |
240. Framing of charge. | 263. Framing of charge. (Change) |
241. Conviction on plea of guilty. | 264. Conviction on plea of guilty. |
242. Evidence for prosecution. | 265. Evidence for prosecution. (Change) |
243. Evidence for defence. | 266. Evidence for defence. (Change) |
B.—Cases instituted otherwise than on police report | B.—Cases instituted otherwise than on police report |
244. Evidence for prosecution. | 267. Evidence for prosecution. |
245. When accused shall be discharged. | 268. When accused shall be discharged. |
246. Procedure where accused is not discharged. | 269. Procedure where accused is not discharged. (Change)269(7) |
247. Evidence for defence. | 270. Evidence for defence. |
C.-Conclusion of trial | C.-Conclusion of trial |
248. Acquittal or conviction. | 271. Acquittal or conviction. |
249. Absence of complainant. | 272. Absence of complainant. (Change) |
250. Compensation for accusation without reasonable cause. | 273. Compensation for accusation without reasonable cause. (Change) |
CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES | CHAPTER XXITRIAL OF SUMMONS-CASES BY MAGISTRATES |
251. Substance of accusation to be stated. | 274. Substance of accusation to be stated. (Change) |
252. Conviction on plea of guilty. | 275. Conviction on plea of guilty. |
253. Conviction on plea of guilty in absence of accused in petty cases. | 276. Conviction on plea of guilty in absence of accused in petty cases. |
254. Procedure when not convicted. | 277. Procedure when not convicted. |
255. Acquittal or conviction. | 278. Acquittal or conviction. |
256. Non-appearance or death of complainant. | 279. Non-appearance or death of complainant. (Change) |
257. Withdrawal of complaint. | 280. Withdrawal of complaint. |
258. Power to stop proceedings in certain cases. | 281. Power to stop proceedings in certain cases. |
259. Power of Court to convert summons-cases into warrant-cases. | 282. Power of Court to convert summons-cases into warrant-cases. |
CHAPTER XXI SUMMARY TRIALS | CHAPTER XXII SUMMARY TRIALS |
283. Power to try summarily. (Change) | |
260 (1). (i) Summary trial for imprisonment upto two years | 283(2) Summary trial for imprisonment upto three years |
260(2). | 283(3) |
261. Summary trial by Magistrate of second class. | 284. Summary trial by Magistrate of second class. |
262. Procedure for summary trials. | 285. Procedure for summary trials. |
263. Record in summary trials. | 286. Record in summary trials. |
264. Judgment in cases tried summarily. | 287. Judgment in cases tried summarily. |
265. Language of record and judgment. | 288. Language of record and judgment. |
CHAPTER XXIA PLEA BARGAINING | CHAPTER XXIIIPLEA BARGAINING |
265A. Application of the Chapter. | 289. Application of Chapter. |
265B. Application for plea bargaining. | 290. Application for plea bargaining. (Change) |
265C. Guidelines for mutually satisfactory disposition. | 291. Guidelines for mutually satisfactory disposition. |
265D. Report of the mutually satisfactory disposition to be submitted before the Court. | 292. Report of mutually satisfactory disposition to be submitted before Court. |
265E. Disposal of the case. | 293. Disposal of case. (Change) |
265F. Judgment of the Court. | 294. Judgment of Court. |
265G. Finality of the judgment. | 295. Finality of judgment. |
265H. Power of the Court in plea bargaining. | 296. Power of Court in plea bargaining. |
265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment. | 297. Period of detention undergone by accused to be set off against sentence of imprisonment. |
265J. Savings. | 298. Savings. |
265K. Statements of accused not to be used. | 299. Statements of accused not to be used. |
265L. Non-application of the Chapter. | 300. Non-application of Chapter. |
CHAPTER XXIIATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS | CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS |
266. Definitions. | 301. Definitions. |
267. Power to require attendance of prisoners. | 302. Power to require attendance of prisoners. |
268. Power of State Government to exclude certain persons from operation of section 267. | 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. (Change) |
269. Officer in charge of prison to abstain from carrying out order in certain contingencies. | 304. Officer in charge of prison to abstain from carrying out order in certain contingencies. |
270. Prisoner to be brought to Court in custody. | 305. Prisoner to be brought to Court in custody. |
271. Power to issue commission for examination of witness in prison. | 306. Power to issue commission for examination of witness in prison. |
CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS
A.–Mode of taking and recording evidence |
CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS
A.—Mode of taking and recording evidence |
272. Language of Courts. | 307. Language of Courts. |
273. Evidence to be taken in presence of accused. | 308. Evidence to be taken in presence of accused. (Change) |
274. Record in summons-cases and inquiries. | 309. Record in summons-cases and inquiries. |
275. Record in warrant-cases. | 310. Record in warrant-cases. |
276. Record in trial before Court of Session. | 311. Record in trial before Court of Session. |
277. Language of record of evidence. | 312. Language of record of evidence. |
278. Procedure in regard to such evidence when completed. | 313. Procedure in regard to such evidence when completed. (Change) |
279. Interpretation of evidence to accused or his advocate. | 314. Interpretation of evidence to accused or his advocate. |
280. Remarks respecting demeanour of witness. | 315. Remarks respecting demeanour of witness. |
281. Record of examination of accused. | 316. Record of examination of accused. (Change) |
282. Interpreter to be bound to interpret truthfully. | 317. Interpreter to be bound to interpret truthfully. |
283. Record in High Court. | 318. Record in High Court. |
B.-Commissions for the examination of witnesses | B.-Commissions for the examination of witnesses |
284. When attendance of witness may be dispensed with and commission issued. | 319. When attendance of witness may be dispensed with and commission issued. |
285. Commission to whom to be issued. | 320. Commission to whom to be issued. (Change) |
286. Execution of commissions. | 321. Execution of commissions. (Change) |
287. Parties may examine witnesses. | 322. Parties may examine witnesses. |
288. Return of commission. | 323. Return of commission. |
289. Adjournment of proceeding. | 324. Adjournment of proceeding. |
290. Execution of foreign commissions. | 325. Execution of foreign commissions. |
291. Deposition of medical witness. | 326. Deposition of medical witness. |
291A. Identification report of Magistrate. | 327. Identification report of Magistrate. |
292. Evidence of officers of the Mint. | 328. Evidence of officers of the Mint. |
293. Reports of certain Government scientific experts. | 329. Reports of certain Government scientific experts. |
294. No formal proof of certain documents. | 330. No formal proof of certain documents. (Change) |
295. Affidavit in proof of conduct of public servants. | 331. Affidavit in proof of conduct of public servants. |
296. Evidence of formal character on affidavit. | 332. Evidence of formal character on affidavit. |
297. Authorities before whom affidavits may be sworn. | 333. Authorities before whom affidavits may be sworn. |
298. Previous conviction or acquittal how proved. | 334. Previous conviction or acquittal how proved. |
299. Record of evidence in absence of accused. | 335. Record of evidence in absence of accused. |
336. Evidence of public servants, experts, police officers in certain cases. (Change) | |
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS | CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS |
300. Person once convicted or acquitted not to be tried for same offence. | 337. Person once convicted or acquitted not to be tried for same offence. |
301. Appearance by Public Prosecutors. | 338. Appearance by Public Prosecutors. |
302. Permission to conduct prosecution. | 339. Permission to conduct prosecution. |
303. Right of person against whom proceedings are instituted to be defended. | 340. Right of person against whom proceedings are instituted to be defended. |
304. Legal aid to accused at State expense in certain cases. | 341. Legal aid to accused at State expense in certain cases. (Change) |
305. Procedure when corporation or registered society is an accused. | 342. Procedure when corporation or registered society is an accused. |
306. Tender of pardon to accomplice. | 343. Tender of pardon to accomplice. (Change) |
307. Power to direct tender of pardon. | 344. Power to direct tender of pardon. |
308. Trial of person not complying with conditions of pardon. | 345. Trial of person not complying with conditions of pardon. |
309. Power to postpone or adjourn proceedings. | 346. Power to postpone or adjourn proceedings. (Change) |
310. Local inspection. | 347. Local inspection. |
311. Power to summon material witness, or examine person present. | 348. Power to summon material witness, or examine person present. |
311A. Power of Magistrate to order person to give specimen signatures or handwriting. | 349. Power of Magistrate to order person to give specimen signatures or handwriting. (Change) |
312. Expenses of complainants and witnesses. | 350. Expenses of complainants and witnesses. |
313. Power to examine the accused. | 351. Power to examine accused. |
314. Oral arguments and memorandum of arguments. | 352. Oral arguments and memorandum of arguments. |
315. Accused person to be competent witness. | 353. Accused person to be competent witness. |
316. No influence to be used to induce disclosure. | 354. No influence to be used to induce disclosure. |
317. Provision for inquiries and trial being held in the absence of accused in certain cases. | 355. Provision for inquiries and trial being held in the absence of accused in certain cases. (Change) |
356. Inquiry, trial or judgment in absentia of proclaimed offender. (Change) | |
318. Procedure where accused does not understand proceedings. | 357. Procedure where accused does not understand proceedings. |
319. Power to proceed against other persons appearing to be guilty of offence. | 358. Power to proceed against other persons appearing to be guilty of offence. |
320. Compounding of offences. | 359. Compounding of offences. (Change) |
321. Withdrawal from prosecution. | 360. Withdrawal from prosecution. (Change) |
322. Procedure in cases which Magistrate cannot dispose of. | 361. Procedure in cases which Magistrate cannot dispose of. |
323. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. | 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. |
324. Trial of persons previously convicted of offences against coinage, stamp-law or property. | 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. |
325. Procedure when Magistrate cannot pass sentence sufficiently severe. | 364. Procedure when Magistrate cannot pass sentence sufficiently severe. |
326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. | 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
327. Court to be open. | 366. Court to be open. |
CHAPTER XXVPROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND | CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND |
328. Procedure in case of accused being lunatic | 367. Procedure in case of accused being person of unsound mind. (Change) |
329. Procedure in case of person of unsound mind tried before Court | 368. Procedure in case of person of unsound mind tried before Court. |
330. Release of person of unsound mind pending investigation or trial. | 369. Release of person of unsound mind pending investigation or trial. (Change) |
331. Resumption of inquiry or trial. | 370. Resumption of inquiry or trial. |
332. Procedure on accused appearing before Magistrate or Court. | 371. Procedure on accused appearing before Magistrate or Court. |
333. When accused appears to have been of sound mind. | 372. When accused appears to have been of sound mind. |
334. Judgment of acquittal on ground of unsoundness of mind. | 373. Judgment of acquittal on ground of unsoundness of mind. |
335. Person acquitted on such ground of unsoundness of mind to be detained in safe custody. | 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. (Change) |
336. Power of State Government to empower officer in charge to discharge. | 375. Power of State Government to empower officer in charge to discharge. |
337. Procedure where lunatic prisoner is reported capable of making his defence. | 376. Procedure where prisoner of unsound mind is reported capable of making his defence. (Change) |
338. Procedure where lunatic detained is declared fit to be released. | 377. Procedure where person of unsound mind detained is declared fit to be released. (Change) |
339. Delivery of lunatic to care of relative or friend. | 378. Delivery of person of unsound mind to care of relative or friend. (Change) |
CHAPTER XXVIPROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE | CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE |
340. Procedure in cases mentioned in section 195 | 379. Procedure in cases mentioned in section 215. |
341. Appeal. | 380. Appeal. |
342. Power to order costs. | 381. Power to order costs. |
343. Procedure of Magistrate taking cognizance. | 382. Procedure of Magistrate taking cognizance. |
344. Summary procedure for trial for giving false evidence. | 383. Summary procedure for trial for giving false evidence. (Change) |
345. Procedure in certain cases of contempt. | 384. Procedure in certain cases of contempt. (Change) |
346. Procedure where Court considers that case should not be dealt with under section 345. | 385. Procedure where Court considers that case should not be dealt with under section 384. |
347. When Registrar or Sub-Registrar to be deemed a Civil Court. | 386. When Registrar or Sub-Registrar to be deemed a Civil Court. |
348. Discharge of offender on submission of apology. | 387. Discharge of offender on submission of apology. |
349. Imprisonment or committal of person refusing to answer or produce document. | 388. Imprisonment or committal of person refusing to answer or produce document. |
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. | 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. |
351. Appeals from convictions under sections 344, 345, 349 and 350. | 390. Appeals from convictions under sections 383, 384, 388 and 389. |
352. Certain Judges and Magistrates not to try certain offences when committed before themselves. | 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. |
Chapter XXVIITHE JUDGMENT | Chapter XXIXTHE JUDGMENT |
353. Judgment. | 392. Judgment. (Change) |
354. Language and contents of judgment. | 393. Language and contents of judgment. |
355. Metropolitan Magistrate’s judgment. | DELETED |
356. Order for notifying address of previously convicted offender. | 394. Order for notifying address of previously convicted offender. (Change) |
357. Order to pay compensation. | 395. Order to pay compensation. |
396. Victim compensation scheme. | |
357A. Victim compensation scheme. | 396(1) – 396(6) |
357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. | 396(7) |
357C. Treatment of victims. | 397. Treatment of victims. (Change) |
New Section | 398. Witness protection scheme. |
358. Compensation to persons groundlessly arrested. | 399. Compensation to persons groundlessly arrested. |
359. Order to pay costs in non-cognizable cases. | 400. Order to pay costs in non-cognizable cases. |
360. Order to release on probation of good conduct or after admonition. | 401. Order to release on probation of good conduct or after admonition. (Change) |
361. Special reasons to be recorded in certain cases. | 402. Special reasons to be recorded in certain cases. |
362. Court not to alter judgment. | 403. Court not to alter judgment. |
363. Copy of judgment to be given to the accused and other persons. | 404. Copy of judgment to be given to the accused and other persons. (Change) |
364. Judgment when to be translated. | 405. Judgment when to be translated. (Change) |
365. Court of Session to send copy of finding and sentence to District Magistrate. | 406. Court of Session to send copy of finding and sentence to District Magistrate. |
CHAPTER XXVIIISUBMISSION OF DEATH SENTENCES FOR CONFIRMATION | CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION |
366. Sentence of death to be submitted by Court of Session for confirmation. | 407. Sentence of death to be submitted by Court of Session for confirmation. |
367. Power to direct further inquiry to be made or additional evidence to be taken. | 408. Power to direct further inquiry to be made or additional evidence to be taken. |
368. Power of High Court to confirm sentence or annul conviction. | 409. Power of High Court to confirm sentence or annul conviction. |
369. Confirmation or new sentence to be signed by two Judges. | 410. Confirmation or new sentence to be signed by two Judges. |
370. Procedure in case of difference of opinion. | 411. Procedure in case of difference of opinion. |
371. Procedure in cases submitted to High Court for confirmation. | 412. Procedure in cases submitted to High Court for confirmation. (Change) |
CHAPTER XXIX APPEALS | CHAPTER XXXI APPEALS |
372. No appeal to lie unless otherwise provided. | 413. No appeal to lie unless otherwise provided. |
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. | 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. |
374. Appeals from convictions. | 415. Appeals from convictions. (Change) |
375. No appeal in certain cases when accused pleads guilty. | 416. No appeal in certain cases when accused pleads guilty. |
376. No appeal in petty cases. | 417. No appeal in petty cases. (Change) |
377. Appeal by the State Government against sentence. | 418. Appeal by State Government against sentence. (Change) |
378. Appeal in case of acquittal. | 419. Appeal in case of acquittal. (Change) |
379. Appeal against conviction by High Court in certain cases. | 420. Appeal against conviction by High Court in certain cases. |
380. Special right of appeal in certain cases. | 421. Special right of appeal in certain cases. |
381. Appeal to Court of Session how heard. | 422. Appeal to Court of Session how heard. (Change) |
382. Petition of appeal. | 423. Petition of appeal. |
383. Procedure when appellant in jail. | 424. Procedure when appellant in jail. |
384. Summary dismissal of appeal. | 425. Summary dismissal of appeal. |
385. Procedure for hearing appeals not dismissed summarily. | 426. Procedure for hearing appeals not dismissed summarily. |
386. Powers of the Appellate Court. | 427. Powers of Appellate Court. |
387. Judgments of subordinate Appellate Court. | 428. Judgments of subordinate Appellate Court. |
388. Order of High Court on appeal to be certified to lower Court. | 429. Order of High Court on appeal to be certified to lower Court. |
389. Suspension of sentence pending the appeal; release of appellant on bail. | 430. Suspension of sentence pending the appeal; release of appellant on bail. (Change) |
390. Arrest of accused in appeal from acquittal. | 431. Arrest of accused in appeal from acquittal. |
391. Appellate Court may take further evidence or direct it to be taken. | 432. Appellate Court may take further evidence or direct it to be taken. |
392. Procedure where Judges of Court of Appeal are equally divided. | 433. Procedure where Judges of Court of Appeal are equally divided. |
393. Finality of judgments and orders on appeal. | 434. Finality of judgments and orders on appeal. |
394. Abatement of appeals. | 435. Abatement of appeals. |
CHAPTER XXXREFERENCE AND REVISION | CHAPTER XXXII REFERENCE AND REVISION |
395. Reference to High Court. | 436. Reference to High Court. (Change) |
396. Disposal of case according to decision of High Court. | 437. Disposal of case according to decision of High Court. |
397. Calling for records to exercise powers of revision. | 438. Calling for records to exercise powers of revision. (Change) |
398. Power to order inquiry. | 439. Power to order inquiry. |
399. Sessions Judge’s powers of revision. | 440. Sessions Judge’s powers of revision. |
400. Power of Additional Sessions Judge. | 441. Power of Additional Sessions Judge. |
401. High Court’s powers of revision. | 442. High Court’s powers of revision. |
402. Power of High Court to withdraw or transfer revision cases. | 443. Power of High Court to withdraw or transfer revision cases. |
403. Option of Court to hear parties. | 444. Option of Court to hear parties. |
404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. | Deleted |
405. High Court’s order to be certified to lower Court. | 445. High Court’s order to be certified to lower Court. |
CHAPTER XXXITRANSFER OF CRIMINAL CASES | CHAPTER XXXIII TRANSFER OF CRIMINAL CASES |
406. Power of Supreme Court to transfer cases and appeals. | 446. Power of Supreme Court to transfer cases and appeals. |
407. Power of High Court to transfer cases and appeals. | 447. Power of High Court to transfer cases and appeals. (Change) |
408. Power of Sessions Judge to transfer cases and appeals. | 448. Power of Sessions Judge to transfer cases and appeals. (Change) |
409. Withdrawal of cases and appeals by Sessions Judge. | 449. Withdrawal of cases and appeals by Sessions Judges. |
410. Withdrawal of cases by Judicial Magistrate. | 450. Withdrawal of cases by Judicial Magistrates. |
411. Making over or withdrawal of cases by Executive Magistrates. | 451. Making over or withdrawal of cases by Executive Magistrates. |
412 Reasons to be recorded. | 452. Reasons to be recorded. |
CHAPTER XXXIIEXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences |
CHAPTER XXXIVEXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences |
413. Execution of order passed under section 368 | 453. Execution of order passed under section 409 |
414. Execution of sentence of death passed by High Court. | 454. Execution of sentence of death passed by High Court. |
415. Postponement of execution of sentence of death in case of appeal to Supreme Court. | 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. |
416. Postponement of capital sentence on pregnant woman. | 456. Commutation of sentence of death on pregnant woman. (Change) |
B.—Imprisonment | B.—Imprisonment |
417. Power to appoint place of imprisonment. | 457. Power to appoint place of imprisonment. |
418. Execution of sentence of imprisonment. | 458. Execution of sentence of imprisonment. (Change) |
419. Direction of warrant for execution. | 459. Direction of warrant for execution. |
420. Warrant with whom to be lodged. | 460. Warrant with whom to be lodged. |
C.—Levy of fine | C.—Levy of fine |
421. Warrant for levy of fine. | 461. Warrant for levy of fine. (Change) |
422. Effect of such warrant. | 462. Effect of such warrant. |
423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. | 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. |
424. Suspension of execution of sentence of imprisonment. | 464. Suspension of execution of sentence of imprisonment. (Change) |
D.—General provisions regarding execution | D.—General provisions regarding execution |
425. Who may issue warrant. | 465. Who may issue warrant. |
426. Sentence on escaped convict when to take effect. | 466. Sentence on escaped convict when to take effect. |
427. Sentence on offender already sentenced for another offence. | 467. Sentence on offender already sentenced for another offence. |
428. Period of detention undergone by accused to be set off against sentence of imprisonment. | 468. Period of detention undergone by accused to be set off against sentence of imprisonment. |
429. Saving. | 469. Saving. |
430. Return of warrant on execution of sentence. | 470. Return of warrant on execution of sentence. |
431. Money ordered to be paid recoverable as a fine. | 471. Money ordered to be paid recoverable as a fine. |
E.—Suspension, remission and commutation of sentences | E.—Suspension, remission and commutation of sentences |
New Section | 472. Mercy Petition in death sentence cases. |
432. Power to suspend or remit sentences. | 473. Power to suspend or remit sentences. |
433. Power to commute sentence. | 474. Power to commute sentence. (Change)474(c)
474(d) |
433A. Restriction on powers of remission or commutation in certain cases. | 475. Restriction on powers of remission or commutation in certain cases. |
434. Concurrent power of Central Government in case of death sentences. | 476. Concurrent power of Central Government in case of death sentences. |
435. State Government to act after consultation with Central Government in certain cases. | 477. State Government to act after concurrence with Central Government in certain cases. (Change) |
CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS | CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS |
436. In what cases bail to be taken. | 478. In what cases bail to be taken. |
436A. Maximum period for which undertrial prisoner can be detained. | 479. Maximum period for which undertrial prisoner can be detained. (Change)479(2)
479(3) |
437. When bail may be taken in case of non-bailable offence. | 480. When bail may be taken in case of non-bailable offence. (Change) |
437A. Bail to require accused to appear before next appellate Court. | 481. Bail to require accused to appear before next appellate Court. (Change) |
438. Direction for grant of bail to person apprehending arrest. | 482. Direction for grant of bail to person apprehending arrest. (Change) |
439. Special powers of High Court or Court of Session regarding bail. | 483. Special powers of High Court or Court of Session regarding bail. |
440. Amount of bond and reduction thereof. | 484. Amount of bond and reduction thereof. |
441. Bond of accused and sureties. | 485. Bond of accused and sureties. (Change) |
441A. Declaration by sureties. | 486. Declaration by sureties. |
442. Discharge from custody. | 487. Discharge from custody. (Change) |
443. Power to order sufficient bail when that first taken is insufficient | 488. Power to order sufficient bail when that first taken is insufficient. |
444. Discharge of sureties. | 489. Discharge of sureties. |
445. Deposit instead of recognizance. | 490. Deposit instead of recognizance. (Change) |
446. Procedure when bond has been forfeited. | 491. Procedure when bond has been forfeited. |
446A. Cancellation of bond and bail bond. | 492. Cancellation of bond and bail bond. (Change) |
447. Procedure in case of insolvency or death of surety or when a bond is forfeited. | 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. |
448. Bond required from minor. | 494. Bond required from child. (Change) |
449. Appeal from orders under section 446. | 495. Appeal from orders under section 491. |
450. Power to direct levy of amount due on certain recognizances. | 496. Power to direct levy of amount due on certain recognizances. |
CHAPTER XXXIV DISPOSAL OF PROPERTY | CHAPTER XXXVI DISPOSAL OF PROPERTY |
451. Order for custody and disposal of property pending trial in certain cases. | 497(1). Order for custody and disposal of property pending trial in certain cases. (Change) |
New Sub-Section | 497(2) |
New Sub-Section | 497(3) |
New Sub-Section | 497(4) |
New Sub-Section | 497(5) |
452. Order for disposal of property at conclusion of trial. | 498. Order for disposal of property at conclusion of trial. |
453. Payment to innocent purchaser of money found on accused. | 499. Payment to innocent purchaser of money found on accused. |
454. Appeal against orders under section 452 or section 453. | 500. Appeal against orders under section 498 or section 499. |
455 Destruction of libellous and other matter. | 501. Destruction of libellous and other matter. |
456 Power to restore possession of immovable property. | 502. Power to restore possession of immovable property. |
457. Procedure by police upon seizure of property. | 503. Procedure by police upon seizure of property. |
458. Procedure where no claimant appears within six months. | 504. Procedure where no claimant appears within six months. |
459. Power to sell perishable property. | 505. Power to sell perishable property. (Change) |
CHAPTER XXXV IRREGULAR PROCEEDINGS | CHAPTER XXXVII IRREGULAR PROCEEDINGS |
460. Irregularities which do not vitiate proceedings. | 506. Irregularities which do not vitiate proceedings. |
461. Irregularities which vitiate proceedings. | 507. Irregularities which vitiate proceedings. (Change) |
462. Proceedings in wrong place. | 508. Proceedings in wrong place. |
463. Non-compliance with provisions of section 164 or section 281. | 509. Non-compliance with provisions of section 183 or section 316. |
464. Effect of omission to frame, or absence of, or error in, charge. | 510. Effect of omission to frame, or absence of, or error in, charge. |
465. Finding or sentence when reversible by reason of error, omission or irregularity. | 511. Finding or sentence when reversible by reason of error, omission or irregularity. |
466. Defect or error not to make attachment unlawful. | 512. Defect or error not to make attachment unlawful. |
CHAPTER XXXVILIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES | CHAPTER XXXVIIILIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES |
467. Definitions. | 513. Definitions. |
468. Bar to taking cognizance after lapse of the period of limitation. | 514. Bar to taking cognizance after lapse of period of limitation. (Change) |
469. Commencement of the period of limitation. | 515. Commencement of period of limitation. |
470. Exclusion of time in certain cases. | 516. Exclusion of time in certain cases. |
471. Exclusion of date on which Court is closed. | 517. Exclusion of date on which Court is closed. |
472. Continuing offence. | 518. Continuing offence. |
473. Extension of period of limitation in certain cases. | 519. Extension of period of limitation in certain cases. |
CHAPTER XXXVIIMISCELLANEOUS | CHAPTER XXXIX MISCELLANEOUS |
474. Trials before High Courts. | 520. Trials before High Courts. |
475. Delivery to commanding officers of persons liable to be tried by Court-martial. | 521. Delivery to commanding officers of persons liable to be tried by Court-martial. |
476. Forms. | 522. Forms. |
477. Power of High Court to make rules. | 523. Power of High Court to make rules. |
478. Power to alter functions allocated to Executive Magistrate in certain cases. | 524. Power to alter functions allocated to Executive Magistrate in certain cases. |
479. Cases in which Judge or Magistrate is personally interested. | 525. Cases in which Judge or Magistrate is personally interested. |
480. Practising pleader not to sit as Magistrate in certain Courts. | 526. Practising advocate not to sit as Magistrate in certain Courts. (Change) |
481. Public servant concerned in sale not to purchase or bid for property. | 527. Public servant concerned in sale not to purchase or bid for property. |
482. Saving of inherent powers of High Court. | 528. Saving of inherent powers of High Court. |
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. | 529. Duty of High Court to exercise continuous superintendence over Courts. (Change) |
New Section | 530. Trial and proceedings to be held in electronic mode. |
484. Repeal and savings. | 531. Repeal and savings. (Change) |