Criminal Procedure Code (CRPC) 1973
1.Short title, extent and commencement.(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to
Chapters VIII, X and XI thereof, shall not apply(a)to the State of Nagaland,(b)to the tribal areas,
but the concerned State Government may, by notification, apply suchprovisions or any of them to the whole or part of the State of Nagaland or suchtribal areas, as the case may be, with such supplemental, incidental orconsequential modifications, as may be specified in the notification.
Explanation.- In this section, “tribal areas” means the territories which
immediately before the 21st day of January, 1972, were included in the tribal
areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to theConstitution, other than those within the local limits of the municipality of
Shillong.
(3) It shall come into force on the 1st day of April, 1974.
2.Definitions.– In this Code, unless the context otherwise requires, –(a)”bailable offence” means an offence which is shown as bailable in the First
Schedule, or which is made bailable by any other law for the time being inforce; and “non-bailable offence” means any other offence;(b)”charge” includes any head of charge when the charge contains more heads
than one;(c)”cognizable offence” means an offence for which, and “cognizable case”
means a case in which, a police officer may, in accordance with the First
Schedule or under any other law for the time being in force, arrest without
warrant;(d)”complaint” means any allegation made orally or in writing to a Magistrate,with a view to his taking action under this Code, that some person, whether

known or unknown, has committed an offence, but does not include a police
report.
Explanation.- A report made by a police officer in a case which discloses, afterinvestigation, the commission of a non-cognizable offence shall be deemed to
be a complaint; and the police officer by whom such report is made shall bedeemed to be the complainant;(e)”High Court” means, –(i) in relation to any State, the High Court for that State;(ii) in relation to a Union territory to which the jurisdiction of the High Court
for a State has been extended by law, that High Court;(iii) in relation to any other Union territory, the highest Court of criminal
appeal for that territory other than the Supreme Court of India;(f)”Indian” means the territories to which this Code extends;(g)”inquiry” means every inquiry, other than a trial, conducted under thisCode by a Magistrate or Court;(h)”investigation” includes all the proceedings under this Code for thecollection of evidence conducted by a police officer or by any person (otherthan a Magistrate) who is authorised by a Magistrate in this behalf;(i)” judicial proceeding” includes any proceeding in the course of whichevidence is or may be legally taken on oath;(j)”local jurisdiction”, in relation to a Court or Magistrate, means the local area
within which the Court or Magistrate may exercise all or any of its or his
powers under this Code;(k)”metropolitan area” means the area declared, or deemed to be declared,
under section 8, to be a metropolitan area;(l)”non-cognizable offence” means an offence for which, and “non-cognizable
case” means a case in which, a police officer has no authority to arrest without
warrant;(m)”notification” means a notification published in the Official Gazette;

(n)”offence” means any act or omission made punishable by any law for thetime being
in force and includes any act in respect of which a complaint may be madeunder section 20 of the Cattle-trespass Act, 1871( 1 of 1871);(o)”officer in charge of a police station” includes, when the officer in charge ofthe police station is absent from the station-house or unable from illness orother cause to perform his duties, the police officer present at the stationhouse who is next in rank to such officer and is above the rank of constable or,when the State Government so directs, any other police officer so present;(p)”place” includes a house, building, tent, vehicle and vessel;(q)”pleader”, when used with reference to any proceeding in any Court, meansa person authorised by or under any law for the time being in force, to practisein such Court, and includes any other person appointed with the permission of
the Court to act in such proceeding;( r ) ” police report” means a report forwarded by a police officer to a
Magistrate undersub-section (2) of section 173;(s)”police report” means a report forwarded by a police officer or specially by
the State
Government, to be a police station, and includes any local area specified by theState Government in this behalf;(t)”prescribed” means prescribed by rules made under this Code;(u)”Public Prosecutor” means any person appointed under section 24, andincludes any person acting under the directions of a Public Prosecutor;(v)”sub-division” means a sub-division of a district;(w)”summons-case” means a case relating to an offence, and not being awarrant-case;(x)”warrant-case” means a case relating to an offence punishable with death,imprisonment for life or imprisonment for a term exceeding two years;(y)words and expressions used herein and not defined but defined in the
Indian Penal Code (45 of 1860) have the meanings respectively assigned tothem in that Code.

3.Construction of references.(1) In this Code, –(a) any reference, without any qualifying words, to a Magistrate, shall be
construed, unless the context otherwise requires, –(i)in relation to an area outside a metropolitan area, as a reference to a
Judicial Magistrate;(ii)in relation to a metropolitan area, as a reference to a Metropolitan
Magistrate;(b) any reference to a Magistrate of the second class shall, in relation to anarea outside a metropolitan area, be construed as a reference to a Judicial
Magistrate of the second class, and, in relation to a metropolitan area, as areference to a Metropolitan Magistrate;(c) any reference to a Magistrate of the first class shall, –(i)in relation to a metropolitan area, be construed as a reference to a
Metropolitan Magistrate exercising jurisdiction in that area,(ii)in relation to any other area, be construed as a reference to a Judicial
Magistrate of the first class exercising jurisdiction in that area;(d) any reference to the Chief Judicial Magistrate shall, in relation to a
metropolitan area, be construed as a reference to the Chief Metropolitan
Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, anyreference to the Court of a Judicial Magistrate shall, in relation toa metropolitan area, be construed as a reference to the Court of theMetropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any
enactment passed before the commencement of this Code, –(a) to a Magistrate of the first class, shall be construed as a reference to a
Judicial Magistrate of the first class;(b) to a Magistrate of the second class or of the third class, shall be construed
as a reference to a Judicial Magistrate of the second class;(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be
construed as a reference, respectively, to a Metropolitan Magistrate or the
Chief Metropolitan Magistrate;

(d) to any area which is included in a metropolitan area, as a reference to such
metropolitan area, and any reference to a Magistrate of the first class or of thesecond class in relation to such area, shall be construed as reference to theMetropolitan Magistrate exercising jurisdiction in such area.
(4) Where, under any law, other than this Code, the function
exercisable by a Magistrate relate to matters(a) which involve the appreciation or sifting of evidence or the formulation ofany decision which exposes any person to any punishment or penalty or
detention in custody pending investigation, inquiry or trial or would have theeffect of sending him for trial before any Court,they shall, subject to theprovisions of this Code, be exercisable by a Judicial Magistrate; or(b) which are administrative or executive in nature, such as, the granting of alicence, the suspension or cancellation of a licence, sanctioning a prosecution
or withdrawing from a prosecution, they shall, subject as aforesaid, be
exercisable by an Executive Magistrate.
4.Trial of offences under the Indian Penal Code and other laws.(1) All offences under the Indian Penal Code(45 of 1860) shall be investigated,inquired into, tried, and otherwise dealt with according to the provisions
hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried,and otherwise dealt
with according to the same provisions, but subject to any enactment for thetime being in force
regulating the manner or place of investigating, inquiring into, trying orotherwise dealing withsuch offences.
5.Saving.– Nothing contained in this Code shall, in the absence of a specificprovision to the contrary, affect any special or local law for the time being inforce, or any special jurisdiction or power conferred, or any special form ofprocedure prescribed, by any other law for the time being in force.
CHAPTER IICONSTITUTION OF CRIMINAL COURTS AND OFFICES
6.Classes of Criminal Courts.Besides the High Courts and the Courts constituted under any law, other than
this Code, there shall be, in every State, the following classes of Criminal
Courts, namely:-

(i) Courts of Session;(ii) Judicial Magistrates of the first class and, in any metropolitan area,
Metropolitan Magistrates;(iii) Judicial Magistrates of the second class; and(iv) Executive Magistrates.
7.Territorial divisions.–(1) Every State shall be a sessions division or shall consist of sessions
divisions; and every sessions division shall, for the purposes of this Code, be a
district or consist of districts:
Provided that every metropolitan area shall, for the said purposes, be a
separate sessions division and district.
(2) The State Government may, after consultation with the High Court, alter
the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide
any district into sub-divisions and may alter the limits or the number of such
sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at thecommencement of this Code, shall be deemed to have been formed under thissection.
8.Metropolitan areas.–(1) The State Government may, by notification, declare that , as from such dateas may be specified in the notification, any area in the State comprising a cityor town whose population exceeds one million shall be a metropolitan area forthe purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns ofBombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to
be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter thelimits of a metropolitan area but the reduction or alteration shall not be somade as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared
to be, a metropolitan area, the population of such area falls below one million,
such area shall, on and from such date as the State Government may, by
notification, specify in this behalf, cease to be a metropolitan area; but
notwithstanding such cesser, any inquiry, trial or appeal pending immediately
before such cesser before any Court or Magistrate in such area shall continue
to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), thelimits of any metropolitan area, such reduction or alteration shall not affectany inquiry, trial or appeal pending immediately before such reduction oralteration before any Court or Magistrate, and every such inquiry, trial orappeal shall continue to be dealt with under this Code as if such reduction oralteration had not taken place.
Explanation.- In this section, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published.
9.Court of Session.–(1)The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed
by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and AssistantSessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High
Court to be also an Additional Sessions Judge of another division, and in suchcase he may sit for the disposal of cases at such place or places in the otherdivision as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may makearrangements for the disposal of any urgent application which is, or may be,
made or pending before such Court of Session by an Additional or AssistantSessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a
Chief Judicial Magistrate, in the sessions division; and every such Judge orMagistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places
as the High Court may, by notification, specify; but, if, in any particular case,the Court of Session is of opinion that it will tend to the general convenience ofthe parties and witnesses to hold its sittings at any other place in the sessions
division, it may, with the consent of the prosecution and the accused, sit atthat place for the disposal of the case or the examination of any witness or
witnesses therein.
Explanation.- For the purposes of this Code, “appointment” does not include
the first appointment, posting or promotion of a person by the Government to
any Service, or post in connection with the affairs of the Union or of a State,
where under any law, such appointment, posting or promotion is required tobe made by Government.
10.Subordination of Assistant Sessions Judges.(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge inwhose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent withthis Code, as to the distribution of business among such Assistant Sessions
Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional or
Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions
Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrateshall be deemed to have jurisdiction to deal with any such application.
11.Courts of Judicial Magistrates.(1) In every district (not being a metropolitan area), there shall be establishedas many Courts of Judicial Magistrates of the first class and of the secondclass, and at such places, as the State Government may, after consultation with
the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient ornecessary, confer the powers of a Judicial Magistrate of the first class or of thesecond class on any member of the Judicial Service of the State, functioning as
a Judge in a Civil Court.
12.Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc.-

(1) In every district (not being a metropolitan area), the High Court shallappoint a Judicial Magistrate of the first class to be the Chief Judicial
Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be
an Additional Chief Judicial Magistrate, and such Magistrate shall have all or
any of the powers of a Chief Judicial Magistrate under this Code or under any
other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first classin any sub-division as the Sub-divisional Judicial Magistrate and relieve himof the responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Subdivisional Judicial Magistrate shall also have and exercise, such powers ofsupervision and control over the work of the Judicial Magistrates (other than
Additional Chief Judicial Magistrates) in the sub-division as the High Court
may, by general or special order, specify in this behalf.
13.Special Judicial Magistrates.(1) The High Court may, if requested by the Central or State Government so todo, confer upon any person who holds or has held any post under theGovernment, all or any of the powers conferred or conferrable by or under thisCode on a Judicial Magistrate of the second class, in respect to particular cases
or to particular classes of cases or to cases generally, in any district, not beinga metropolitan area:
Provided that no such power shall be conferred on a person unless hepossesses such qualification
or experience in relation to legal affairs as the High Court may, by rules,
specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be
appointed for suchterm, not exceeding one year at a time, as the High Court may, by general or
special order, direct.
14.Local jurisdiction of Judicial Magistrates.(1) Subject to the control of the High Court, the Chief Judicial Magistrate may,from time to time, define the local limits of the areas within which theMagistrates appointed under section 11 or under section 13 may exercise all orany of the powers with which they may respectively be invested under thisCode.
(2) Except as otherwise provided by such definition, the jurisdiction andpowers of every such
Magistrate shall extend throughout the district.
15.Subordination of Judicial Magistrates.(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;
and every other Judicial Magistrate shall, subject to the general control of theSessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give
special orders, consistent with this Code, as to the distribution of businessamong the Judicial Magistrates subordinate to him.
16.Courts of Metropolitan Magistrates.(1) In every metropolitan area, there shall be established as many Courts ofMetropolitan
Magistrates, and at such places, as the State Government may, after
consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend
throughout themetropolitan area.
17.Chief Metropolitan Magistrate and Additional Chief
Metropolitan Magistrates.(1) The High Court shall, in relation to every metropolitan area within its local
jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan
Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an
Additional Chief Metropolitan Magistrate, and such Magistrate shall have allor any of the powers of a Chief Metropolitan Magistrate under this Code orunder any other law for the time being in force as the High Court may direct.
18.Special Metropolitan Magistrates.(1) The High Court may, if requested by the Central or State Government so todo, confer upon any person who holds or has held any post under theGovernment, all or any of the powers conferred or conferrable by or under this

Code on a Metropolitan Magistrate, in respect to particular cases or toparticular classes of cases or to cases generally, in any metropolitan area
within its local jurisdiction:
Provided that no such power shall be conferred on a person unless hepossesses such qualification or experience in relation to legal affairs as theHigh Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates andshall be appointed for such term, not exceeding one year at a time, as the High
Court may, by general or special order, direct.
(3) Notwithstanding anything contained elsewhere in this Code, a Special
Metropolitan Magistrate shall not impose a sentence which a Judicial
Magistrate of the second class is not competent to impose outside theMetropolitan area.
19.Subordination of Metropolitan Magistrates.(1) The Chief Metropolitan Magistrate and every Additional Chief
Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every
other Metropolitan Magistrate shall, subject to the general control of theSessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of thesubordination, if any, of the Additional Chief Metropolitan Magistrates to theChief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules orgive special orders, consistent with this Code, as to the distribution of businessamong the Metropolitan Magistrates and as to the allocation of business to an
Additional Chief Metropolitan Magistrate.
20.Executive Magistrates.(1) In every district and in every metropolitan area, the State Government may
appoint as many persons as it thinks fit to be Executive Magistrates and shallappoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an
Additional district Magistrate, and such Magistrate shall have all or any of thepowers of a District Magistrate under this Code or under any other law for thetime being in force.

(3) Whenever, in consequence of the office of a District Magistrate becoming
vacant, any officer succeeds temporarily to the executive administration of the
district, such officer shall, pending the orders of the State Government,
exercise all the powers and perform all the duties respectively conferred andimposed by this Code on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a
sub-division and may relieve him of the charge as occasion requires; and theMagistrate so placed in charge of a sub-division shall be called the Subdivisional Magistrate.
(5) Nothing in this section shall preclude the State Government from
conferring, under any law for the time being in force, on a Commissioner of
Police, all or any of the powers of an Executive Magistrate in relation to a
metropolitan area.
21.Special Executive Magistrates.The State Government may appoint, for such term as it may think fit,
Executive Magistrates, to be known as Special Executive Magistrates forparticular areas or for the performance of particular functions and confer onsuch Special Executive Magistrates such of the powers as are conferrable
under this Code on Executive Magistrates, as it may deem fit.
22.Local jurisdiction of Executive Magistrates.(1) Subject to the control of the State Government, the District Magistrate
may, from time to time, define the local limits of the areas within which the
Executive Magistrates may exercise all or any of the powers with which they
may be invested under this Code.
(2) Except as otherwise provided by such definition, the jurisdiction andpowers of every such Magistrate shall extend throughout the district.
23.Subordination of Executive Magistrates.(1) All Executive Magistrates, other than the Additional District Magistrate,shall be subordinate to the District Magistrate, and every Executive Magistrate(other than the Sub-divisional Magistrate) exercising powers in a sub-division
shall also be subordinate to the Sub-divisional Magistrate, subject, however, tothe general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special
orders, consistent with this Code, as to the distribution of business among theExecutive Magistrates subordinate to him and as to the allocation of businessto an Additional District Magistrate.
24.Public Prosecutors.(1)For every High Court, the Central Government or the State Government
shall, after consultation with the High Court, appoint a Public Prosecutor for
conducting, in such Court, any prosecution, appeal or other proceeding on
behalf of the Central or State Government, as the case may be.
(2) For every district the State Government shall appoint a Public Prosecutor
and may also appoint one or more Additional Public Prosecutors for the
district.
(3) The District Magistrate shall, in consultation with the Sessions Judge,
prepare a panel of names of persons who are, in his opinion, fit to beappointed as the Public Prosecutor or Additional Public Prosecutor for the
district.
(4) No person shall be appointed by the State Government as the Public
Prosecutor or Additional Public Prosecutor for the district unless his nameappears on the panel of names prepared by the District Magistrate under subsection (3).
(5) A person shall only be eligible to be appointed as a Public Prosecutor or an
Additional Public Prosecutor under sub-section (1) or sub-section (2), if he has
been in practice as an advocate for not less than seven years.
(6) The Central Government or the State Government may appoint, for the
purposes of any case or class of cases, an advocate who has been in practice for
not less than ten years, as a Special Public Prosecutor.
25.Assistant Public Prosecutors.(1) The State Government shall appoint in every district one or more AssistantPublic Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) Save as otherwise provided in sub-section (3), no police officer shall be
eligible to be appointed as an Assistant Public Prosecutor.
(3) Where no Assistant Public Prosecutor is available for the purposes of any
particular case,
the District Magistrate may appoint any other person to be the AssistantPublic Prosecutor in charge of that case:Provided that a police officer shall not be so appointed(a) if he has taken any part in the investigation into the offence with respect towhich the accused is being prosecuted; or(b) if he is below the rank of Inspector.
CHAPTER III
POWER OF COURTS
26.Courts by which offences are triable.Subject to the other provisions of this Code.(a) any offence under the Indian Penal Code(45 of 1860) may be tried by –(i) (i) the High Court, or(ii) the Court of Session, or(iii) any other Court by which such offence is shown in the First Schedule to be
triable;(b) any offence under any other law shall, when any Court is mentioned in thisbehalf in such law, be tried by such Court and when no Court is so mentioned,
may be tried by(i) the High Court, or(ii) any other Court by which such offence is shown in the First Schedule to be
triable.
27.Jurisdiction in the case of juveniles.Any offence not punishable with death or imprisonment for life, committed byany person who at the date when he appears or is brought before the Court isunder the age of sixteen years, may be tried by the Court of a Chief Judicial
Magistrate, or by any Court specially empowered under the Children Act,1960,(60 of 1960) or any other law for the time being in force providing for thetreatment, training and rehabilitation of youthful offenders.
28.Sentences which High Courts and Sessions Judges may pass.(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentenceauthorised by law; but any sentence of death passed by any such Judge shallbe subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment for aterm exceeding ten years.
29.Sentences which Magistrates may pass.(1) The Court of a Chief Judicial Magistrate may pass any sentence authorisedby law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence ofimprisonment for a term not exceeding three years, or of fine not exceeding
five thousand rupees, or of both.
(3) The Court of a Magistrate of the second class may pass a sentence ofimprisonment for a term not exceeding one year, or of fine not exceeding one
thousand rupees, or of both.
(3) The Court of a Chief Metropolitan Magistrate shall have the powers of the
Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, thepowers of the Court of a Magistrate of the first class.
30.Sentence of imprisonment in default of fine.(1) The Court of a Magistrate may award such term of imprisonment in defaultof payment of fine as is authorised by law:
Provided that the term(a) is not in excess of the powers of the Magistrate under section 29;(b) shall not, where imprisonment has been awarded as part of the substantive
sentence, exceed one-fourth of the term of imprisonment which theMagistrate is competent to inflict as punishment for the offence otherwise
than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a
substantive sentence of imprisonment for the maximum term awardable by
the Magistrate under section 29.
31.Sentence in cases of conviction of several offences at one trial.(1) When a person is convicted at one trial of two or more offences, the Court
may, subject to the provisions of section 71 of the Indian Penal Code,(45 of
1860) sentence him for such offences, to the several punishments prescribed
therefor which such Court is competent to inflict; such punishments whenconsisting of imprisonment to commence the one after the expiration of theother in such order as the Court may direct, unless the Court directs that suchpunishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court
by reason only of the aggregate punishment for the several offences being inexcess of the punishment which it is competent to inflict on conviction of asingle offence, to send the offender for trial before a higher Court:
Provided that(a) in no case shall such person be sentenced to imprisonment for a longer
period than fourteen years;(b) the aggregate punishment shall not exceed twice the amount ofpunishment which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of theconsecutive sentences
passed against him under this section shall be deemed to be a single sentence.
32.Mode of conferring powers.(1) In conferring powers under this Code, the High Court or the State
Government, as the case may be, may, by order, empower persons specially byname or in virtue of their offices or classes of officials generally by their official
titles.
(2) Every such order shall take effect from the date on which it iscommunicated to the person so
empowered.
33.Powers of officers appointed.Whenever any person holding an office in the service of Government who has
been invested by the High Court or the State Government with any powers
under this Code throughout any local area is appointed to an equal or higher
office of the same nature, within a like local area under the same State
Government, he shall, unless the High Court or the State Government, as thecase may be, otherwise directs, or has otherwise directed, exercise the same
powers in the local area in which he is so appointed.
34.Withdrawal of powers.-

(1) The High Court or the State Government, as the case may be, may
withdraw all or any of the powers conferred by it under this Code on any
person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District
Magistrate may be
withdrawn by the respective Magistrate by whom such powers were conferred.
35.Powers of Judges and Magistrates exercisable by theirsuccessors-in-office.(1) Subject to the other provisions of this Code, the powers and duties of aJudge or Magistrate may be exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any
Additional or Assistant Sessions Judge, the Sessions Judge shall determine byorder in writing the Judge who shall, for the purposes of this Code or of any
proceedings or order thereunder, be deemed to be the successor-in-office ofsuch Additional or Assistant Sessions Judge.
(3) When there is any doubt as to who is the successor-in-office of any
Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as thecase may be, shall determine by order in writing the Magistrate who shall, forthe purpose of this Code or of any proceedings or order thereunder, bedeemed to be the successor-in-office of such Magistrate.CHAPTER IV
A.- POWERS OF SUPERIOR OFFICERS OF POLICE
36.Powers of superior officers of police.Police officers superior in rank to an officer in charge of a police station may
exercise the same powers, throughout the local area to which they areappointed, as may be exercised by such officer within the limits of his station.
B.-AID TO THE MAGISTRATES AND THE POLICE
37.Public when to assist Magistrates and police.Every person is bound to assist a Magistrate or police officer reasonably
demanding his aid(a) in the taking or preventing the escape of any other person whom such
Magistrate or police officer is authorised to arrest; or(b) in the prevention or suppression of a breach of the peace; or(c) in the prevention of any injury attempted to be committed to any railway,
canal, telegraph or public property.

38.Aid to person, other than police officer, executing warrant.When a warrant is directed to a person other than a police officer, any otherperson may aid in the execution of such warrant, if the person to whom thewarrant is directed be near at hand and acting in the execution of the warrant.
39.Public to give information of certain offences.(1) Every person, aware of the commission of , or of the intention of any otherpersonto commit, any offence punishable under any of the following sections of the
Indian Penal
Code,(45 of 1860) namely:(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences
against the State specified in Chapter VI of the said Code);(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the
public tranquillity specified in Chapter VIII of the said Code);(iii) sections 161 to 165A, both inclusive (that is to say, offences relating toillegal gratification);(iv) sections 272 to 278, both inclusive (that is to say, offences relating toadulteration of food and drugs, etc.);(v) sections 302, 303 and 304 (that is to say, offences affecting life);(vi) section 382 (that is to say, offence of theft after preparation made forcausing death, hurt or restraint in order to the committing of the theft);(vii) sections 392 to 399, both inclusive, and section 402 (that is to say,offences of robbery and dacoity);(viii) section 409 (that is to say, offence relating to criminal breach of trust by
public servant, etc.);(ix) sections 431 to 439, both inclusive (that is to say, offences of mischiefagainst property);(x) sections 449 and 450 (that is to say, offence of house-trespass);(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking
house-trespass); and(xii) sections 489A to 489E, both inclusive (that is to say, offences relating tocurrency notes and bank notes),shall, in the absence of any reasonable excuse, the burden of proving which
excuse shall lie upon the person so aware, forthwith give information to thenearest Magistrate or police officer of such commission or intention.
(2) For the purposes of this section, the term “offence” includes any act
committed at any place out of India which would constitute an offence if
committed in India.
40.Duty of officers employed in connection with the affairs of avillage to make certain report.(1) Every officer employed in connection with the affairs of a village and every
person residing in a village shall forthwith communicate to the nearest
Magistrate or to the officer in charge of the nearest police station, whichever isnearer, any information which he may possess respecting(a) the permanent or temporary residence of any notorious receiver or vendor
of stolen property in or near such village;(b) the resort to any place within, or the passage through, such village of any
person whom he knows, or reasonably suspects, to be a thug, robber, escaped
convict or proclaimed offender;(c) the commission of, or intention to commit, in or near such village any nonbailable offence or any offence punishable under section 143, section 144,
section 145, section 147, or section 148 of the Indian Penal Code(45 of 1860);(d) the occurrence in or near such village of any sudden or unnatural death orof any death under suspicious circumstances or the discovery in or near such
village of any corpse or part of a corpse, in circumstances which lead to areasonable suspicion that such a death has occurred or the disappearance
from such village of any person in circumstances which lead to a reasonablesuspicion that a non-bailable offence has been committed in respect of such
person;(e) the commission of, or intention to commit, at any place out of India nearsuch village any act which, if committed in India, would be an offence
punishable under any of the following sections of the Indian Penal Code,(45 of
1860) namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (bothinclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B,
489C and 489D;

(f) any matter likely to affect the maintenance of order or the prevention ofcrime or the safety of person or property respecting which the District
Magistrate, by general or special order made with the previous sanction of theState Government, has directed him to communicate information.
(2) In this section, –(i) “village” includes village-lands;(ii) the expression “proclaimed offender” includes any person proclaimed as
an offender by any Court or authority in any territory in India to which thisCode does not extend, in respect of any act which if committed in the
territories to which this Code extends, would be an offence punishable under
any of the following sections of the Indian Penal Code,(45 of 1860) namely,
302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to
460 (both inclusive);(iii) the words “officer employed in connection with the affairs of the village”
means a member of the panchayat of the village and includes the headman
and every officer or other person appointed to perform any function connectedwith the administration of the village.
CHAPTER V
ARREST OF PERSONS
41.When police may arrest without warrant(1) Any police officer may without an order from a Magistrate and without awarrant, arrest any person(a) who has been concerned in any cognizable offence, or against whom areasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so concerned; or(b) who has in his possession without lawful excuse, the burden of proving
which excuse shall lie on such person, any implement of house-breaking; or(c) who has been proclaimed as an offender either under this Code or by orderof the State Government; or(d) in whose possession anything is found which may reasonably be suspected
to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing; or(e) who obstructs a police officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody; or(f) who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union; or(g) who has been concerned in, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonablesuspicion exists, of his having been concerned in, any act committed at any
place out of India which, if committed in India, would have been punishable as
an offence, and for which he is, under any law relating to extradition, orotherwise, liable to be apprehended or detained in custody in India; or(h) who, being a released convict, commits a breach of any rule made undersub-section (5) of section 356; or(I) for whose arrest any requisition, whether written or oral, has been received
from another police officer, provided that the requisition specifies the person
to be arrested and the offence or other cause for which the arrest is to be madeand it appears therefrom that the person might lawfully be arrested without awarrant by the officer who issued the requisition.
(2) Any officer in charge of a police station may, in like manner, arrest or
cause to be arrested any person, belonging to one or more of the categories of
persons specified in section 109 or section 110.
42.Arrest on refusal to give name and residence.(1) When any person who, in the presence of a police officer, has committed or
has been accused of committing a non-cognizable offence refuses, on demandof such officer, to give his name and residence or gives a name or residence
which such officer has reason to believe to be false, he may be arrested by suchofficer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained,
he shall be released on his executing a bond, with or without sureties, toappear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured
by a surety or sureties resident in India.
(4) (3) Should the true name and residence of such person not be ascertained
within twenty-four hours from the time of arrest or should he fail to executethe bond, or, if so required, to furnish sufficient sureties, he shall forthwith beforwarded to the nearest Magistrate having jurisdiction.
43.Arrest by Private person and procedure on such arrest.(1) Any private person may arrest or cause to be arrested any person who in
his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, shall make over or cause
to be made over any person so arrested to a police officer, or, in the absence ofa police officer, take such person or cause him to be taken in custody to thenearest police station.
(2) If there is reason to believe that such person comes under the provisions ofsection 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizableoffence, and he refuses on the demand of a police officer to give his name andresidence, or gives a name or residence which such officer has reason tobelieve to be false, he shall be dealt with under the provisions of section 42;
but if there is no sufficient reason to believe that he has committed any
offence, he shall be at once released.
44.Arrest by Magistrate.(1) When any offence is committed in the presence of a Magistrate, whether
Executive or Judicial, within his local jurisdiction, he may himself arrest ororder any person to arrest the offender, and may thereupon, subject to theprovisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or
direct the arrest, in his presence, within his local jurisdiction, of any person forwhose arrest he is competent at the time and in the circumstances to issue awarrant.
45.Protection of members of the Armed Forces from arrest.(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive),no member of the Armed Forces of the Union shall be arrested for anything
done or purported to be done by him in the discharge of his official duties
except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of
sub-section (1) shall apply to such class or category of the members of theForce charged with the maintenance of public order as may be specified
therein, wherever they may be serving, and thereupon the provisions of that

sub-section shall apply as if for the expression “Central Government”
occurring therein, the expression “State Government” were substituted.
46.Arrest how made.(1) In making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested, unlessthere be a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts toevade the arrest, such police officer or other person may use all means
necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is
not accused of an offence punishable with death or with imprisonment for life.
47.Search of place entered by person sought to be arrested.(1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested hasentered into, or is within, any place, any person residing in, or being in chargeof, such place shall, on demand of such person acting as aforesaid or suchpolice officer, allow him free ingress thereto, and afford all reasonablefacilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shallbe lawful in any case for a person acting under a warrant and in any case inwhich a warrant may issue, but cannot be obtained without affording theperson to be arrested an opportunity of escape, for a police officer to entersuch place and search therein, and in order to effect an entrance into suchplace, to break open any outer or inner door or window of any house or place,whether that of the person to be arrested or of any other person, if after
notification of his authority and purpose, and demand of admittance duly
made, he cannot otherwise obtain admittance;
Provided that, if any such place is an apartment in the actual occupancy of afemale (not being the person to be arrested) who, according to custom, does
not appear in public, such person or police officer shall, before entering suchapartment, give notice to such female that she is at liberty to withdraw andshall afford her every reasonable facility for withdrawing, and may then break
open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break
open any outer or inner door or window of any house or place in order toliberate himself or any other person who, having lawfully entered for the
purpose of making an arrest, is detained therein.
48.Pursuit of offenders into other jurisdictions.A police officer may, for the purpose of arresting without warrant any person
whom he is authorised to arrest, pursue such person into any place in India.
49.No unnecessary restraint.The Person arrested shall not be subjected to more restraint than is necessary
to prevent his escape.
50.Person arrested to be informed of grounds of arrest and of rightto bail.(1) Every police officer or other person arresting any person without warrant
shall forthwith communicate to him full particulars of the offence for which heis arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than aperson accused of a non-bailable offence, he shall inform the person arrested
that he is entitled to be released on bail and that he may arrange for sureties
on his behalf.
51.Search of arrested person.(1) Whenever a person is arrested by a police officer under a warrant which
does not provide for the taking of bail, or under a warrant which provides forthe taking of bail but the person arrested cannot furnish bail, andwhenever a person is arrested without warrant, or by a private person under awarrant, and cannot legally be admitted to bail, or is unable to furnish bail, theofficer making the arrest or, when the arrest is made by a private person, thepolice officer to whom he makes over the person arrested, may search such
person, and place in safe custody all articles, other, than necessary wearingapparel, found upon him and where any article is seized from the arrested
person, a receipt showing the articles taken in possession by the police officer
shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shallbe made by another female with strict regard to decency.
52.Power to seize offensive weapons.The officer or other person making any arrest under this Code may take fromthe person arrested any offensive weapons which he has about his person, andshall deliver all weapons so taken to the Court or officer before which or whomthe officer or person making the arrest is required by this Code to produce theperson arrested.
53.Examination of accused by medical practitioner at the request ofpolice officer.(1) When a person is arrested on a charge of committing an offence of such anature and alleged to have been committed under such circumstances that
there are reasonable grounds for believing that an examination of his person
will afford evidence as to the commission of an offence, it shall be lawful for aregistered medical practitioner, acting at the request of a police officer not
below the rank of sub-inspector, and for any person acting in good faith in his
aid and under his direction, to make such an examination of the person
arrested as is reasonably necessary in order to ascertain the facts which may
afford such evidence, and to use such force as is reasonably necessary for that
purpose.
(2) Whenever the person of a female is to be examined under this section, theexamination shall be made only by, or under the supervision of, a female
registered medical practitioner.
Explanation.- In this section and in section 54, “registered medical
practitioner” means a medical practitioner who possesses any recognized
medical qualification as defined in clause (h) of section 2 of the Indian
Medical Council Act, 1956,(102 of 1956) and whose name has been entered ina State Medical Register.
54.Examination of arrested person by medical practitioner at therequest of the arrested person.When a person who is arrested, whether on a charge or otherwise, alleges, atthe time when he is produced before a Magistrate or at any time during theperiod of his detention in custody that the examination of his body will afford
evidence which will disprove the commission by him of any offence or which
will establish the commission by any other person of any offence against his
body, the Magistrate shall, if requested by the arrested person so to do direct
the examination of the body of such person by a registered medical
practitioner unless the Magistrate considers that the request is made for the
purpose of vexation or delay or for defeating the ends of justice.
55.Procedure when police officer deputes subordinate to arrest
without warrant.(1) When any officer in charge of a police station or any police officer making
an investigation under Chapter XII requires any officer subordinate to him toarrest without a warrant (otherwise than in his presence) any person who may
lawfully be arrested without a warrant, he shall deliver to the officer required
to make the arrest an order in writing, specifying the person to be arrested andthe offence or other cause for which the arrest is to be made and the officer sorequired shall, before making the arrest, notify to the person to be arrested thesubstance of the order and, if so required by such person, shall show him theorder.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arresta person under section 41.
56.Person arrested to be taken before Magistrate or officer incharge of police station.A police officer making an arrest without warrant shall, without unnecessary
delay and subject to the provisions herein contained as to bail, take or send
the person arrested before a Magistrate having jurisdiction in the case, or
before the officer in charge of a police station.
57.Person arrested not to be detained more than twenty-fourhours.No police officer shall detail in custody a person arrested without warrant for alonger period than under all the circumstances of the case is reasonable, andsuch period shall not, in the absence of a special order of a Magistrate under
section 167, exceed twenty-four hours exclusive of the time necessary for thejourney from the place of arrest to the Magistrate’s Court.
58.Police to report apprehensions.Officers in charge of police stations shall report to the District Magistrate, or,if he so directs, to the Sub-divisional Magistrate, the cases of all persons
arrested without warrant, within the limits of their respective stations,
whether such persons have been admitted to bail or otherwise.
59.Discharge of person apprehended.No person who has been arrested by a police officer shall be discharged except
on his own bond, or on bail, or under the special order of a Magistrate.
60.Power, on escape, to pursue and retake.
-(1) If a person in lawful custody escapes or is rescued, the person from whose
custody he escaped or was rescued may immediately pursue and arrest him inany place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1)although the person making any such arrest is not acting under a warrant andis not a police officer having authority to arrest.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.- Summons
61.Form of summons.Every summons issued by a Court under this Code shall be in writing, induplicate, signed by the presiding officer of such Court or by such other officer
as the High Court may, from time to time, by rule direct, and shall bear theseal of the Court.
62.Summons how served.(1) Every summons shall be served by a police officer, or subject to such rules
as the State Government may make in this behalf, by an officer of the Court
issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person
summoned, by delivering or tendering to him one of the duplicates of thesummons.
(3) Every person on whom a summons is so served shall, if so required by theserving officer, sign a receipt therefor on the back of the other duplicate.
63.Service of summons on corporate bodies and societies.Service of a summons on a corporation may be effected by serving it on thesecretary, local manager or other principle officer of the corporation, or byletter sent by registered post, addressed to the chief officer of the corporationin India, in which case the service shall be deemed to have been effected when
the letter would arrive in ordinary course of post.
Explanation.- In this section, “corporation” means an incorporated company
or other body corporate and includes a society registered under the Societies
Registration Act, 1860.
64.Service when persons summoned cannot be found.Where the person summoned cannot, by the exercise of due diligence, befound, the summons may be served by leaving one of the duplicates for him
with some adult male member of his family residing with him, and the personwith whom the summons is so left shall, if so required by the serving officer,
sign a receipt therefor on the back of the other duplicate.

Explanation.- A servant is not a member of the family within the meaning of
this section.
65.Procedure when service cannot be effected as before provided.If service cannot by the exercise of due diligence be effected as provided in
section 62, section 63 or section 64, the serving officer shall affix one of the
duplicates of the summons to some conspicuous part of the house or
homestead in which the person summoned ordinarily resides; and thereupon
the Court, after making such inquiries as it thinks fit, may either declare thatthe summons has been duly served or order fresh service in such manner as it
considers proper.
66.Service on Government.(1) Where the person summoned is in the active service of the Government,
the Court issuing the summons shall ordinarily sent it in duplicate to the headof the office in which such person is employed; and such head shall thereuponcause the summons to be served in the manner provided by section 62, andshall return it to the Court under his signature with the endorsement requiredby that section.
(2) Such signature shall be evidence of due service.
67.Service of summons outside local limits.When a Court desires that a summons issued by it shall be served at any placeoutside its local jurisdiction, it shall ordinarily send such summons induplicate to a Magistrate within whose local jurisdiction the person
summoned resides, or is, to be there served.
68.Proof of service in such cases and when serving officer notpresent.(1) When a summons issued by a Court is served outside its local jurisdiction,and in any case where the officer who has served a summons is not present at
the hearing of the case, an affidavit, purporting to be made before a
Magistrate, that such summons has been served, and a duplicate of thesummons purporting to be endorsed (in the manner provided by section 62 or
section 64) by the person to whom it was delivered or tendered or with whom
it was left, shall be admissible in evidence, and the statements made thereinshall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of
the summons are returned to the Court.

69.Service of summons on witness by post.(1) Notwithstanding anything contained in the preceding sections of this
Chapter, a Court issuing a summons to a witness may, in addition to andsimultaneously with the issue of such summons, direct a copy of the summons
to be served by registered post addressed to the witness at the place where heordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness
refused to take delivery of the summons has been received, the Court issuing
the summons may declare that the summons has been duly served.
B.- Warrant of arrest
70.Form of warrant of arrest and duration.(1) Every warrant of arrest issued by a Court under this Code shall be inwriting, signed by the presiding officer of such Court and shall bear the seal of
the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court
which issued it, or until it is executed.
71.Power to direct security to be taken.(1) Any Court issuing a warrant for the arrest of any person may in its
discretion direct by endorsement on the warrant that, if such person executesa bond with sufficient sureties for his attendance before the Court at a
specified time and thereafter until otherwise directed by the Court, the officer
to whom the warrant is directed shall take such security and shall release such
person from custody.
(2) The endorsement shall state(a) the number of sureties;(b) the amount in which they and the person for whose arrest the warrant isissued, are be respectively bound;(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom thewarrant is directed shall forward the bond to the Court.
72.Warrants to whom directed.(1) A warrant of arrest shall ordinarily be directed to one or more police
officers; but the Court issuing such a warrant may, if its immediate execution

is necessary and no police officer is immediately available, direct it to any
other person or persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be
executed by all, or by any one or more of them.
73.Warrant may be directed to any person.(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct awarrant to any person within his local jurisdiction for the arrest of any escaped
convict, proclaimed offender or of any person who is accused of a non-bailable
offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, andshall execute it if the person for whose arrest it was issued, is in, or enters on,
any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shallbe made over with the warrant to the nearest police officer, who shall cause
him to be taken before a Magistrate having jurisdiction in the case, unlesssecurity is taken under section 71.
74.Warrant directed to police officer.A warrant directed to any police officer may also be executed by any otherpolice officer whose name is endorsed upon the warrant by the officer towhom it is directed or endorsed.
75.Notification of substance of warrant.The police officer or other person executing a warrant of arrest shall notify thesubstance thereof to the person to be arrested, and, if so required, shall show
him the warrant.
76.Person arrested to be brought before Court without delay.The police officer or other person executing a warrant of arrest shall (subject
to the provisions of section 71 as to security) without unnecessary delay bring
the person arrested before the Court before which he is required by law to
produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours
exclusive of the time necessary for the journey from the place of arrest to theMagistrate’s Court.
77.Where warrant may be executed.A warrant of arrest may be executed at any place in India.

78.Warrant forwarded for execution outside jurisdiction.(1) When a warrant is to be executed outside the local jurisdiction of the Court
issuing it, such Court may, instead of directing the warrant to a police officer
within its jurisdiction, forward it by post or otherwise to any Executive
Magistrate or District Superintendent of Police or Commissioner of Police
within the local limits of whose jurisdiction it is to be executed; and the
Executive Magistrate or District Superintendent or Commissioner shallendorse his name thereon, and if practicable, cause it to be executed in themanner herein before provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, alongwith the warrant, the substance of the information against the person to bearrested together with such documents, if any, as may be sufficient to enable
the Court acting under section 81 to decide whether bail should or should not
be granted to the person.
79.Warrant directed to police officer for execution outsidejurisdiction.(1) When a warrant directed to a police officer is to be executed beyond the
local jurisdiction of the Court issuing the same, he shall ordinarily take it forendorsement either to an Executive Magistrate or to a police officer not below
the rank of an officer in charge of a police station, within the local limits ofwhose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and suchendorsement shall be sufficient authority to the police officer to whom thewarrant is directed to execute the same, and the local police shall, if so
required, assist such officer in executing such warrant.
(3)Whenever there is reason to believe that the delay occasioned by obtaining
the endorsement of the Magistrate or police officer within whose local
jurisdiction the warrant is to be executed will prevent such execution, thepolice officer to whom it is directed may execute the same without suchendorsement in any place beyond the local jurisdiction of the Court whichissued it.
80.Procedure on arrest of person against whom warrant issued.When a warrant of arrest is executed outside the district in which it wasissued, the person arrested shall, unless the Court which issued the warrant iswithin thirty kilometres of the place of arrest or is nearer than the Executive
Magistrate or District Superintendent of Police or Commissioner of Police
within the local limits of whose jurisdiction the arrest was made, or unlesssecurity is taken under section 71, be taken before such Magistrate or District
Superintendent or Commissioner.
81.Procedure by Magistrate before whom such person arrested isbrought.(1) The Executive Magistrate or District Superintendent of Police orCommissioner of Police shall, if the person arrested appears to be the person
intended by the Court which issued the warrant, direct his removal in custodyto such Court:
Provided that, if the offence is bailable, and such person is already and willingto give bail to the satisfaction of such Magistrate, District Superintendent orCommissioner, or a direction has been endorsed under section 71 on thewarrant and such person is ready and willing to give the security required bysuch direction, the Magistrate, District Superintendent or Commissioner shalltake such bail or security, as the case may be, and forward the bond, to the
Court which issued the warrant:
Provided further that if the offence is a non-bailable one, it shall be lawful for
the Chief Judicial Magistrate (subject to the provisions of section 437), or the
Sessions Judge, of the district in which the arrest is made on consideration of
the information and the documents referred to in sub-section (2) of section
78, to release such person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer fromtaking security under section 71.
C.- Proclamation and attachment
82.Proclamation for person absconding.(1) If any Court has reason to believe (whether after taking evidence or not)that any person against whom a warrant has been issued by it has absconded
or is concealing himself so that such warrant cannot be executed, such Court
may public a written proclamation requiring him to appear at a specified place
and at a specified time not less than thirty days from the date of publishingsuch proclamation.
(2) The proclamation shall be published as follows:(i) (a) it shall be publicly read in some conspicuous place of the town or village
in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead inwhich such
person ordinarily resides or to some conspicuous place of such town or village;(c) a copy thereof shall be affixed to some conspicuous part of the Courthouse;(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be
published in a daily newspaper circulating in the place in which such person
ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effectthat the proclamation was duly published on a specified day, in the manner
specified in clause (I) of sub-section (2), shall be conclusive evidence that therequirements of this section have been complied with, and that the
proclamation was published on such day.
83.Attachment of property of person absconding.(1) The Court issuing a proclamation under section 82 may, for reasons to berecorded in writing, at any time after the issue of the proclamation, order theattachment of any property, movable or immovable, or both, belonging to the
proclaimed person:
Provided that where at the time of the issue of the proclamation the Court issatisfied, by affidavit or otherwise that the person in relation to whom theproclamation is to be issued, –(a) is about to dispose of the whole or any part of his property, or(b) is about to remove the whole or any part of his property from the local
jurisdictionof the Court,
it may order the attachment simultaneously with the issue of the
proclamation.
(2) Such order shall authorise the attachment of any property belonging tosuch person within the district in which it is made; and it shall authorise theattachment of any property belonging to such person without such district
when endorsed by the District Magistrate within whose district such property
is situate.

(3) If the property ordered to be attached is a debt or other movable property,
the attachment under this section shall be made(a) by seizure; or(b) by the appointment of a receiver; or(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person or to any one on his behalf; on(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under
this section shall, in the case of land paying revenue to the State Government,
be made through the Collector of the district in which the land is situate, andin all other cases(a) by taking possession; or(b) by the appointment of a receiver; or(c) by an order in writing prohibiting the payment of rent on delivery ofproperty tothe proclaimed person or to any one on his behalf; or(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of aperishable nature, the Court may, if it thinks it expedient, order immediatesale thereof, and in such case the proceeds of the sale shall abide the order of
the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section
shall be the same as those of a receiver appointed under the Code of Civil
Procedure, 1908(5 of 1908).
84.Claims and objections to attachment.(1) If any claim is preferred to, or objection made to the attachment of, any
property attached under section 83, within six months from the date of suchattachment, by any person other than the proclaimed person, on the groundthat the claimant or objector has an interest in such property, and that suchinterest is not liable to attachment under section 83, the claim or objection
shall be inquired into, and may be allowed or disallowed in whole or in part:Provided that any claim preferred or objection made within the period allowedby this sub-section may, in the event of the death of the claimant or objector,
be continued by his legal representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the
Court by which the order of attachment is issued, or, if the claim or objection
is in respect of property attached under an order endorsed under sub-section(2) of section 83, in the Court of the Chief Judicial Magistrate of the district inwhich the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which
it is preferred or made:Provided that, if it is preferred or made in the Court of a Chief Judicial
Magistrate, he may make it over for disposal to any Magistrate subordinate tohim.
(4) Any person whose claim or objection has been disallowed in whole or inpart by an order under sub-section (1) may, within a period of one year fromthe date of such order, institute a suit to establish the right which he claims in
respect of the property in dispute; but subject to the result of such suit, if any,
the order shall be conclusive.
85.Release, sale and restoration of attached property.(1) If the proclaimed person appears within the time specified in the
proclamation, the Court shall make an order releasing the property from theattachment.
(2) If the proclaimed person does not appear within the time specified in the
proclamation, the property under the attachment shall be at the disposal of
the State Government; but it shall not be sold until the expiration of six
months from the date of the attachment and until any claim preferred or
objection made under section 84 has been disposed of under that section,
unless it is subject to speedy and natural decay, or the Court considers that thesale would be for the benefit of the owner; in either of which cases the Court
may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose
property is or has been at the disposal of the State Government, under subsection (2), appears voluntarily or is apprehended and brought before the
Court by whose order the property was attached, or the Court to which such
Court is subordinate, and proves to the satisfaction of such Court that he didnot abscond or conceal himself for the purpose of avoiding execution of thewarrant, and that he had not such notice of the proclamation as to enable him
to attend within the time specified therein such property, or, if the same has
been sold, the net proceeds of the sale, or, if part only thereof has been sold,the net proceeds of the sale, and the residue of the property, shall, aftersatisfying therefrom all costs incurred in consequence of the attachment, bedelivered to him.
86.Appeal from order rejecting application for restoration of
attached property.Any person referred to in sub-section (3) of section 85, who is aggrieved byany refusal to deliver property or the proceeds of the sale thereof may appeal
to the Court to which appeals ordinarily lie from the sentences of the firstmentioned Court.
D.- Other rules regarding processes
87.Issue of warrant in lieu of, or in addition to, summons.A Court may, in any case in which it is empowered by this Code to issue a
summons for the appearance of any person, issue, after recording its reasonsin writing, a warrant for his arrest(a) if, either before the issue of such summons, or after the issue of the same
but before the time fixed for his appearance, the Court sees reason to believethat he has absconded or will not obey the summons; or(b) if at such time he fails to appear and the summons is proved to have been
duly served in time to admit of his appearing in accordance therewith and noreasonable excuse is offered for such failure.
88.Power to take bond for appearance.When any person for whose appearance or arrest the officer presiding in any
Court is empowered to issue a summons or warrant, is present in such Court,
such officer may require such person to execute a bond, with or without
sureties, for his appearance in such Court, or any other Court to which thecase may be transferred for trial.
89.Arrest on breach of bond for appearance.When any person who is bound by any bond taken under this Code to appear
before a Court, does not appear, the officer presiding in such Court may issue
a warrant directing that such person be arrested and produced before him.

90.Provisions of this Chapter generally applicable to summonses
and warrants of arrest.The provisions contained in this Chapter relating to a summons and warrant,
and their issue, service and execution, shall, so far as may be, apply to every
summons and every warrant of arrest issued under this Code.
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce
91.Summons to produce document or other thing.(1) Whenever any Court or any officer in charge of a police station considers
that the production of any document or other thing is necessary or desirable
for the purposes of any investigation, inquiry, trial or other proceeding under
this Code by or before such Court or officer, such Court may issue a summons,or such officer a written order, to the person in whose possession or powersuch document or thing is believed to be, requiring him to attend and produce
it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document orother thing shall be deemed to have complied with the requisition if he causessuch document or thing to be produced instead of attending personally to
produce the same.
(3) Nothing in this section shall be deemed(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872,(1 of 1872)or the Bankers’ Books Evidence Act, 1891,(13 of 1891) or(b) to apply to a letter, postcard, telegram, or other document or any parcel orthing in the custody of the postal or telegraph authority.
92.Procedure as to letters and telegrams.(1) If any document, parcel or thing in the custody of a postal or telegraphauthority is, in the opinion of the District Magistrate, Chief Judicial
Magistrate, Court of Session or High Court wanted for the purpose of any
investigation, inquiry, trial or other proceeding under this Code, such
Magistrate or Court may require the postal or telegraph authority, as the casemay be, to deliver the document, parcel or thing to such person as theMagistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other
Magistrate, whether Executive or Judicial, or of any Commissioner of Police orDistrict Superintendent of Police, wanted for any such purpose, he may
require the postal or telegraph authority, as the case may be, to cause search to
be made for and to detain such document, parcel or thing pending the order ofa District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).
B.- Search-warrants
93.When search warrant may be issued.(1) (a) Where any Court has reason to believe that a person to whom asummons or order under section 91 or a requisition under sub-section (1) ofsection 92 has been, or might be, addressed, will not or would not produce thedocument or thing as required by such summons or requisition, or(b) where such document or thing is not known to the Court to be in thepossession of any person, or(c) where the Court considers that the purposes of any inquiry, trial or otherproceeding under this Code will be served by a general search or inspection,
it may issue a search-warrant; and the person to whom such warrant isdirected, may search or inspect in accordance therewith and the provisions
hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place orpart thereof to which only the search or inspection shall extend; and theperson charged with the execution of such warrant shall then search or inspect
only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other thana District Magistrate or Chief Judicial Magistrate to grant a warrant to search
for a document, parcel or other thing in the custody of the postal or telegraphauthority.
94.Search of place suspected to contain stolen property forgeddocuments etc.(1) If a ‘District Magistrate, Sub-divisional Magistrate or Magistrate of the firstclass, upon information and after such inquiry as he thinks necessary, hasreason to believe that any place is used for the deposit or sale of stolen
property, or for the deposit, sale or production of any objectionable article towhich this section applies, or that any such objectionable article is depositedin any place, he may by warrant authorise any police officer above the rank of
a constable(a) to enter, with such assistance as may be required, such place,(b) to search the same in the manner specified in the warrant,(c) to take possession of any property or article therein found which hereasonably
suspects to be stolen property or objectionable article to which this section
applies,(d) to convey such property or article before a Magistrate, or to guard thesame on the
spot until the offender is taken before a Magistrate, or otherwise to dispose of
it insome place of safety,(e) to take into custody and carry before a Magistrate every person found insuchplace who appears to have been privy to the deposit, sale or production of any
suchproperty or article knowing or having reasonable cause to suspect it to bestolenproperty or, as the case may be, objectionable article to which this section
applies.
(2) The objectionable articles to which this section applies are –(a) counterfeit coin;(b) pieces of metal made in contravention of the Metal Tokens Act, 1889,(1 of1899) or brought into India in contravention of any notification for the time
being in force under section 11 of the Customs Act, 1962(52 of 1962);(c) counterfeit currency note; counterfeit stamps;(d) forged documents;(e) false seals;(f) obscene objects referred to in section 292 of the Indian Penal Code(45 of
1860);(g) instruments or materials used for the production of any of the articles
mentioned
in clauses (a) to (f).

95.Power to declare certain publications forfeited and to issue
search-warrants for the same.(1) Where –(a) any newspaper, or book, or(b) any document,
wherever printed, appears to the State Government to contain any matter the
publication of which is punishable under section 124A or section 153A or
section 153B or section 292 or section 293 or section 295A of the Indian Penal
Code, the State Government may, by notification, stating the grounds of its
opinion, declare every copy of the issue of the newspaper containing suchmatter, and every copy of such book or other document to be forfeited toGovernment, and thereupon any police officer may seize the same wherever
found in India and any Magistrate may by warrant authorise any police officer
not below the rank of sub-inspector to enter upon and search for the same inany premises where any copy of such issue or any such book or otherdocument may be or may be reasonably suspected to be.
(2) In this section and in section 96, –(a) “newspaper” and “book” have the same meaning as in the Press andRegistration ofBooks Act, 1867(25 of 1867);(b) “document” includes any painting, drawing or photograph, or other visible
representation.
(3) No order passed or action taken under this section shall be called inquestion in any Court otherwise than in accordance with the provisions ofsection 96.
96.Application to High Court to set aside declaration of forfeiture.(1) Any person having any interest in any newspaper, book or other document,in respect of which a declaration of forfeiture has been made under section 95,
may, within two months from the date of publication in the Official Gazette ofsuch declaration, apply to the High Court to set aside such declaration on the
ground that the issue of the newspaper, or the book or other document, inrespect of which the declaration was made, did not contain any such matter as
is referred to in sub-section (1) of section 95.

(2) Every such application shall, where the High Court consists of three ormore Judges, be heard and determined by a Special Bench of the High Court
composed of three Judges and where the High Court consists of less than
three Judges, such Special Bench shall be composed of all the Judges of thatHigh Court.
(3) On the hearing of any such application with reference to any newspaper,
any copy of such newspaper may be given in evidence in aid of the proof of thenature or tendency of the words, signs or visible representations contained insuch newspaper, in respect of which the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper,or the book or other document, in respect of which the application has been
made, contained any such matter as is referred to in sub-section (1) of section
95, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming theSpecial Bench, the decision shall be in accordance with the opinion of the
majority of those Judges.
97.Search for persons wrongfully confined.If any District Magistrate, Sub-divisional Magistrate or Magistrate of the firstclass has reason to believe that any person is confined under suchcircumstances that the confinement amounts to an offence, he may issue lasearch-warrant, and the person to whom such warrant is directed may search
for the person so confined; and such search shall be made in accordance
therewith, and the person, if found, shall be immediately taken before a
Magistrate, who shall make such order as in the circumstances of the caseseems proper.
98.Power to compel restoration of abducted females.Upon complaint made on oath of the abduction or unlawful detention of awoman, or a female child under the age of eighteen years, for any unlawful
purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of thefirst class may make an order for the immediate restoration of such woman toher liberty, or of such female child to her husband, present, guardian or otherperson having the lawful charge of such child, and may compel compliancewith such order, using such force as may be necessary.
C.General provisions relating to searches
99.Direction, etc., of search-warrants.-

The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be,apply to all search-warrants issued under section 93, section 94, section 95 or
section 97.
100.Persons in charge of closed place to allow search.(1) Whenever any place liable to search or inspection under this Chapter isclosed, any person residing in, or being in charge of, such place, shall, on
demand of the officer or other person executing the warrant, and on
production of the warrant, allow his free ingress thereto, and afford all
reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person
executing the warrant may proceed in the manner provided by sub-section (2)of section 47.
(3) Where any person in or about such place is reasonably suspected ofconcealing about his person any article for which search should be made, such
person may be searched and if such person is a woman, the search shall bemade by another woman with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person
about to make it shall call upon two or more independent and respectable
inhabitants of the locality in which the place to be searched is situate or of any
other locality if no such inhabitant of the said locality is available or is willing
to be a witness to the search, to attend and witness the search and may issue
an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in
the course of such search and of the places in which they are respectively
found shall be prepared by such officer or other person and signed by such
witnesses; but no person witnessing a search under this section shall be
required to attend the Court as a witness of the search unless speciallysummoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in
every instance, be permitted to attend during the search, and a copy of the list
prepared under this section, signed by the said witnesses, shall be delivered tosuch occupant or person.
(7) When any person is searched under sub-section (3), a list of all things
taken possession of shall be prepared, and a copy thereof shall be delivered tosuch person.

(8) Any person who, without reasonable cause, refuses or neglects to attend
and witness a search under this section, when called upon to do so by an orderin writing delivered or tendered to him, shall be deemed to have committed an
offence under section 187 of the Indian Penal Code (45 of 1860).
101.Disposal of things found in search beyond jurisdiction.When, in the execution of a search-warrant at any place beyond the local
jurisdiction of the Court which issued the same, any of the things for which
search is made, are found, such things, together with the list of the same
prepared under the provisions hereinafter contained, shall be immediately
taken before the Court issuing the warrant, unless such place is nearer to theMagistrate having jurisdiction therein than to such Court, in which case thelist and things shall be immediately taken before such Magistrate; and, unlessthere be good cause to the contrary, such Magistrate shall make an orderauthorising them to be taken to such Court.
D.- Miscellaneous
102.Power of police officer to seize certain property.(1) Any police officer may seize any property which may be alleged orsuspected to have been stolen, or which may be found under circumstances
which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police
station, shall forthwith report the seizure to that officer.
103.Magistrate may direct search in his presence.Any Magistrate may direct a search to be made in his presence of any place forthe search of which he is competent to issue a search-warrant.
104.Power to impound document, etc., produced.- Any Court may, if
it thinks fit, impound any document or thing produced before it
under this Code.
105.Reciprocal arrangements regarding processes.(1) Where a Court in the territories to which this Code extends (hereafter inthis section referred to as the said territories) desires that –(a) a summons to an accused person, or(b) a warrant for the arrest of an accused person, or(c) a summons to any person requiring him to attend and produce a document
or otherthing, or to produce it, or(d) a search-warrant,issued by it shall be served or executed at any place within the local
jurisdiction of a Court in any State or area in India outside the said territories,
it may send such summons or warrant in duplicate by post or otherwise, to thepresiding officer of that Court to be served or executed; and where any
summons referred to in clause (a) or clause (c) has been so served, theprovisions of section 68 shall apply in relation to such summons as if thepresiding officer of the Court to whom it is sent were a Magistrate in the said
territories.
(2) Where a Court in the said territories has received for service or execution(a) a summons to an accused person, or(b) a warrant for the arrest of an accused person, or(c) a summons to any person requiring him to attend and produce a documentorother thing or to produce it, or(d) a search-warrant,issued by a Court in any State or area in India outside the said territories, it
shall cause the same to be served or executed as if it were a summons or
warrant received by it from another Court in the said territories for service or
execution within its local jurisdiction: and where(i) a warrant of arrest has been executed, the person arrested shall, so far as
possible, be dealt with in accordance with the procedure prescribed bysections 80 and 81.
(ii) a search-warrant has been executed, the things found in the search shall,so far as possible, be dealt with in accordance with the procedure prescribedby section
101.CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106.Security for keeping the peace on conviction.(1) When a Court of Session or Court of a Magistrate of the first class convicts
a person of any of the offences specified in sub-section (2) or of abetting any
such offence and is of opinion that it is necessary to take security from such
person for keeping the peace, the Court may, at the time of passing sentence

on such person, order him to execute a bond, with or without sureties, for
keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are(a) any offence punishable under Chapter VIII of the Indian Penal Code, (45 of1860)
other than an offence punishable under section 153A or section 153B or
section 154 thereof;(b) any offence which consists of, or includes, assault or using criminal force
or committing mischief;(c) any offence of criminal intimidation;(d) any other offence which caused, or was intended or known to be likely tocause, abreach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed
shall become void.
(4) An order under this section may also be made by an Appellate Court or by
a Court when exercising its powers of revision.
107.Security for keeping the peace in other cases.(1) When an Executive Magistrate receives information that any person is
likely to commit a breach of the peace or disturb the public tranquillity or to
do any wrongful act that may probably occasion a breach of the peace or
disturb the public tranquillity and is of opinion that there is sufficient groundfor proceeding, he may, in the manner hereinafter provided, require such
person to show cause why he should not be ordered to execute a bond, for
keeping the peace for such period, not exceeding one year, as the Magistrate
thinks fit.
(2) Proceeding under this section may be taken before any Executive
Magistrate when either the place where the breach of the peace or disturbanceis apprehended is within his local jurisdiction or there is within suchjurisdiction a person who is likely to commit a breach of the peace or disturb
the public tranquillity or to do any wrongful act as aforesaid beyond suchjurisdiction.
108.Security for good behaviour from persons disseminating
seditious matters.-

(1) When a Judicial Magistrate of the first class receives information that there
is within his local jurisdiction any person who, within or without suchjurisdiction, –(i) either orally or in writing or in any other manner, intentionallydisseminates or attempts to disseminate or abets the dissemination of, –(a) any matter the publication of which is punishable under section 124A or
section 153A or section 153B or section 295A of the Indian Penal Code, (45 of
1860) or(b) any matter concerning a Judge acting or purporting to act in the dischargeof his official duties which amounts to criminal intimidation or defamation
under the Indian Penal Code, (45 of 1860).
(ii)makes, produces, publishes or keeps for sale, imports, exports, conveys,
sells, lets to hire, distributes, publicly exhibits or in any other manner puts
into circulation any obscene matter such as is referred to in section 292 of the
Indian Penal Code, (45 of 1860)(ii) and the Magistrate is of opinion that there is sufficient ground forproceeding, the Magistrate may, in the manner hereinafter provided, require
such person to show cause why he should not be ordered to execute a bond,with or without sureties, for his good behaviour for such period, not exceeding
one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor,
proprietor, printer or publisher of any publication registered under, andedited, printed and published in conformity with, the rules laid down in thePress and Registration of Books Act, 1867, (25 of 1867) with reference to any
matter contained in such publication except by the order or under theauthority of the State Government or some officer empowered by the State
Government in this behalf.
109.Security for good behaviour from suspected persons.When a Judicial Magistrate of the first class receives information that there is
within his local jurisdiction a person taking precautions to conceal his
presence and that there is reason to believe that he is doing so with a view tocommitting a cognizable offence, the Magistrate may, in the manner
hereinafter provided, require such person to show cause why he should no theordered to execute a bond, with or without sureties, for his good behaviour forsuch period, not exceeding one year, as the Magistrate thinks fit.

110.Security for good behaviour from habitual offenders.When a Judicial Magistrate of the first class receives information that there is
within his local jurisdiction a person who –(a) is by habit a robber, house-breaker, thief, or forger, or(b) is by habit a receiver of stolen property knowing the same to have beenstolen, or(c) habitually protects or harbours thieves, or aids in the concealment or
disposal of stolen property, or(d) habitually commits, or attempts to commit, or abets the commission of,
the offence of kidnapping, abduction, extortion, cheating or mischief, or any
offence punishable under Chapter XII of the Indian Penal Code, (45 of 1860)or under section 489A, section 489B, section 489C or section 489D of that
Code, or(e) habitually commits, or attempts to commit, or abets the commission of,offences, involving a breach of the peace, or(f) habitually commits, or attempts to commit, or abets the commission of –(i) any offence under one or more of the following Acts, namely:(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);(b) the Foreign Exchange Regulation Act, 1973 (7 of 1973);(c) the Employees’ Provident Funds and Family Pension Fund Act, 1952 (19 of
1952);(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);(e) the Essential Commodities Act, 1955(10 of 1955);(f) the Untouchability (Offences ) Act, 1955 (22 of 1955);(g) the Customs Act, 1962 (52 of 1962); or(ii) any offence punishable under any other law providing for the prevention ofhoarding or profiteering or of adulteration of food or drugs or of corruption, or(g) is so desperate and dangerous as to render his being at large without
security hazardous to the community,such Magistrate may, in the manner hereinafter provided, require such person
to show cause why he should not be ordered to execute a bond, with sureties,
for his good behaviour for such period, not exceeding three years, as theMagistrate thinks fit.
111.Order to be made.When a Magistrate acting under section 107, section 108, section 109 or
section 110, deems it necessary to require any person to show cause undersuch section, he shall make an order in writing, setting forth the substance of
the information received, the amount of the bond to be executed, the term forwhich it is to be in force, and the number, character and class of sureties (ifany) required.
112.Procedure in respect of person in Court.If the person in respect of whom such order is made is present in Court, it
shall be read over to him, or, if he so desires, the substance thereof shall be
explained to him.
113.Summons or warrant in case of person not so present.If such person is not present in Court, the Magistrate shall issue a summons
requiring him to appear, or, when such person is in custody, a warrant
directing the officer in whose custody he is to bring him before the Court;
Provided that whenever it appears to such Magistrate, upon the report of apolice officer or upon other information (the substance of which report orinformation shall be recorded by the Magistrate), that there is reason to fear
the commission of a breach of the peace, and that such breach of the peacecannot be prevented otherwise than by the immediate arrest of such person,
the Magistrate may at any time issue a warrant for his arrest.
114.Copy of order to accompany summons or warrant.Every summons or warrant issued under section 113, shall be accompanied bya copy of the order made under section 111, and such copy shall be deliveredby the officer serving or executing such summons or warrant to the person
served with, or arrested under, the same.
115.Power to dispense with personal attendance.The Magistrate may, if he sees sufficient cause, dispense with the personal
attendance of any person called upon to show cause why he should not beordered to execute a bond for keeping the peace or for good behaviour andmay permit him to appear by a pleader.

116.Inquiry as to truth of information.(1) When an order under section 111 has been read or explained under section
112 to a person present in Court, or when any person appears or is brought
before a Magistrate in compliance with, or in execution of, a summons or
warrant, issued under section 113, the Magistrate shall proceed to inquire into
the truth of the information upon which action has been taken, and to takesuch further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner
hereinafter prescribed for conducting trial and recording evidence insummons-cases.
(3) After the commencement, and before the completion, of the inquiry undersub-section (1), the Magistrate, if he considers that immediate measures arenecessary for the prevention of a breach of the peace or disturbance of the
public tranquillity or the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the person in respect ofwhom the order under section 111 has been made to execute a bond, with orwithout sureties, for keeping the peace or maintaining good behaviour until
the conclusion of the inquiry, and may detail him in custody until such bond is
executed or, in default of execution, until the inquiry is concluded:
Provided that(a) no person against whom proceedings are not being taken under section
108, section 109, or section 110 shall be directed to execute a bond formaintaining good behaviour;(b) the conditions of such bond, whether as to the amount thereof or as to theprovision of sureties or the number thereof or the pecuniary extent of their
liability, shall not be more onerous than those specified in the order under
section 111.
(4) For the purpose of this section the fact that a person is an habitual
offender or is so desperate and dangerous as to render his being at large
without security hazardous to the community may be proved by evidence ofgeneral repute or otherwise.
(5) Where two or more persons have been associated together in the matter
under inquiry, they may be dealt with in the same or separate inquiries as theMagistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six
months from the date of its commencement, and if such inquiry is not socompleted, the proceedings under this Chapter shall on the expiry of the said
period, stand terminated unless, for special reasons to be recorded in writing,the Magistrate otherwise directs:
Provided that where any person has been kept in detention pending suchinquiry, the proceeding against that person, unless terminated earlier, shallstand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting thecontinuance of proceedings, the Sessions Judge may, on an application madeto him by the aggrieved party, vacate such direction if he is satisfied that it was
not based on any special reason or was perverse.
117.Order to give security.If, upon such inquiry, it is proved that it is necessary for keeping the peace ormaintaining good behaviour, as the case may be, that the person in respect ofwhom the inquiry is made should execute a bond, with or without sureties, theMagistrate shall make an order accordingly:
Provided that(a) no person shall be ordered to give security of a nature different from, or of
an amount large than, or for a period longer than, that specified in the ordermade under section 111;(b) the amount of every bond shall be fixed with due regard to thecircumstances of the case and shall not be excessive;(c) when the person in respect of whom the inquiry is made is a minor, thebond shall be executed only by his sureties.
118.Discharge of person informed against.If, on an inquiry under section 116, it is not proved that it is necessary forkeeping the peace or maintaining good behaviour, as the case may be, that theperson in respect of whom the inquiry is made, should execute a bond, theMagistrate shall make an entry on the record to that effect, and if such person
is in custody only for the purposes of the inquiry, shall release him, or, if such
person is not in custody, shall discharge him.
119.Commencement of period for which security is required.(1) If any person, in respect of whom an order requiring security is madeunder section 106 or section 117, is, at the time such order is made, sentenced

to, or undergoing a sentence of, imprisonment, the period for which suchsecurity is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such orderunless the Magistrate, for sufficient reason, fixes a later date.
120.Contents of bond.The bond to be executed by any such person shall bind him to keep the peaceor to be of good behaviour, as the case may be, and in the latter case thecommission or attempt to commit, or the abetment of, any offence punishable
with imprisonment, wherever it may be committed, is a breach of the bond.
121.Power to reject sureties.(1) A Magistrate may refuse to accept any surety offered, or may reject any
surety previously accepted by him or his predecessor under this Chapter on
the ground that such surety is an unfit person for the purposes of the bond:
Provided that, before so refusing to accept or rejecting any such surety, heshall either himself hold an inquiry on oath into the fitness of the surety, or
cause such inquiry to be held and a report to be made thereon by a Magistrate
subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice tothe surety and to the person by whom the surety was offered and shall, inmaking the inquiry, record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced
either before him or before a Magistrate deputed under sub-section (1), andthe report of such Magistrate (if any), that the surety is an unfit person for the
purposes of the bond, he shall make an order refusing to accept or rejecting, as
the case may be, such surety and recording his reasons for so doing:
Provided that, before making an order rejecting any surety who has previously
been accepted, the Magistrate shall issue his summons or warrant, as hethinks fit, and cause the person for whom the surety is bound to appear or to
be brought before him.
122.Imprisonment in default of security.
-(1) (a) If any person ordered to give security under section 106 or section 117
does not give such security on or before the date on which the period for whichsuch security is to be given commences, he shall, except in the case next
hereinafter mentioned, be committed to prison, or, if he is already in prison,be detained in prison until such period expires or until within such period hegives the security to the Court or Magistrate who made the order requiring it.
(b) If any person after having executed a bond without sureties for keeping thepeace in pursuance of an order of a Magistrate under section 117, is proved, tothe satisfaction of such Magistrate or his successor-in-office, to havecommitted breach of the bond, such Magistrate or successor-in-office may,after recording the grounds of such proof, order that the person be arrested
and detained in prison until the expiry of the period of the bond and suchorder shall be without prejudice to any other punishment or forfeiture towhich the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for aperiod exceeding one year, such Magistrate shall, if such person does not givesuch security as aforesaid, issue a warrant directing him to be detained inprison pending the orders of the Sessions Judge and the proceedings shall belaid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from theMagistrate any further information or evidence which it thinks necessary, andafter giving the concerned person a reasonable opportunity of being heard,
may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure
to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding fromtwo or more persons in respect of any one of whom the proceedings arereferred to the Sessions Judge under sub-section (2), such reference shall also
include the case of any other of such persons who has been ordered to give
security, and the provisions of sub-sections (2) and (3) shall, in that event,
apply to the case of such other person also, except that the period (if any) for
which he may be imprisoned shall not exceed the period for which he wasordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before
him under sub-section (2) or sub-section (4) to an Additional Sessions Judgeor Assistant Sessions Judge and upon such transfer, such Additional Sessions
Judge or Assistant Sessions Judge may exercise the powers of a Sessions
Judge under this section in respect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shallforthwith refer the matter to the Court or Magistrate who made the order, andshall await the orders of such Court or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be
simple.
(8) Imprisonment for failure to give security for good behaviour shall, where
the proceedings have been taken under section 108, be simple, and, where theproceedings have been taken under section 109 or section 110, be rigorous orsimple as the Court or Magistrate in each case directs.
123.Power to release persons imprisoned for failing to give
security.(1) Whenever the Chief Judicial Magistrate is of opinion that any person
imprisoned for failing to give security under this Chapter may be released
without hazard to the community or to any other person, he may order such
person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security
under this Chapter, the High Court or Court of Session, or, where the order
was made by any other Court, the Chief Judicial Magistrate, may make anorder reducing the amount of the security or the number of sureties or thetime for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such person
either without conditions or upon any conditions which such person accepts:
Provided that any condition imposed shall cease to be operative when the
period for which such person was ordered to give security has expired.
(4) The State Government may prescribe the conditions upon which a
conditional discharge may be made.
(5) If any condition upon which any person has been discharged it, in theopinion of the Chief Judicial Magistrate by whom the order of discharge wasmade or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under subsection (5), such person may be arrested by any police officer without warrant,
and shall thereupon be produced before the Chief Judicial Magistrate.

(7) Unless such person gives security in accordance with the terms of theoriginal order for the unexpired portion of the term for which he was in thefirst instance committed or ordered to be detained (such portion being
deemed to be a period equal to the period between the date of the breach of
the conditions of discharge and the date on which, except for such conditional
discharge, he would have been entitled to release), the Chief Judicial
Magistrate may remand such person to prison to undergo such unexpired
portion.
(8) A person remanded to prison under sub-section (7) shall, subject to theprovisions of section 122, be released at any time on giving security inaccordance with the terms of the original order for the unexpired portion
aforesaid to the Court or Magistrate by whom such order was made, or to its
or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons
to be recorded in writing, cancel any bond for keeping the peace or for good
behaviour executed under this Chapter by any order made by it, and the Chief
Judicial Magistrate may make such cancellation where such bond was
executed under his order or under the order of any other Court in his direct.
(10) Any surety for the peaceable conduct or good behaviour of another personordered to execute a bond under this Chapter may at any time apply to the
Court making such order to cancel the bond and on such application being
made, the Court shall issue a summons or warrant, as it thinks fit, requiring
the person for whom such surety is bound to appear or to be brought before it.
124.Security for unexpired period of bond.
-(1) When a person for whose appearance a summons or warrant has been
issued under the proviso to sub-section (3) of section 121 or under sub-section(10) of section 123, appears or is brought before the Magistrate or Court, theMagistrate or Court shall cancel the bond executed by such person and shallorder such person to give, for the unexpired portion of the term of such bond,fresh security of the same description as the original security.
(2) Every such order shall, for the purposes of sections 120 to 123 (bothinclusive), be deemed to be an order made under section 106 or section 117, as
the case may be.
CHAPTER IXORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

125.Order for maintenance of wives, children and parents.(1) If any person having sufficient means neglects or refuses to maintain(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable
to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has
attained majority, where such child is by reason of any physical or mental
abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a Magistrate of the first class may, upon proof of such neglect or refusal, ordersuch person to make a monthly allowance for the maintenance of his wife orsuch child, father or mother, at such monthly rate not exceeding five hundred
rupees in the whole, as such Magistrate thinks fit, and to pay the same to such
person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female childreferred to in clause (b) to make such allowance, until she attains her majority,
if the Magistrate is satisfied that the husband of such minor female child, if
married, is not possessed of sufficient means.
Explanation.- For the purposes of this Chapter, –(a) “minor” means a person who, under the provisions of the Indian Majority
Act, 1875( 9 of 1875) is deemed not to have attained his majority;(b) “wife” includes a woman who has been divorced by, or has obtained a
divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if soordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with theorder, any such Magistrate may, for every breach of the order, issue a warrant
for levying the amount due in the manner provided for levying fines, and may
sentence such person, for the whole or any part of each month’s allowanceremaining unpaid after the execution of the warrant, to imprisonment for aterm which may extend to one month or until payment if sooner made:Provided that no warrant shall be issued for the recovery of any amount due
under this section unless application be made to the Court to levy suchamount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition ofher living with him, and she refuses to live with him, such Magistrate may
consider any grounds of refusal stated by her, and may make an order under
this section notwithstanding such offer, if he is satisfied that there is a justground for so doing.
Explanation.- If a husband has contracted marriage with another woman or
keeps a mistress, it shall be considered to be just ground for his wife’s refusal
to live with him.
(4) No wife shall be entitled to receive an allowance from her husband under
this section if she is living in adultery, or if, without any sufficient reason, she
refuses to live with her husband, or if they are living separately by mutual
consent.
(5) On proof that any wife in whose favour an order has been made under thissection is living in adultery, or that without sufficient reason she refuses to livewith her husband, or that they are living separately by mutual consent, theMagistrate shall cancel the order.
126.Procedure.- (1) Proceedings under section 125 may be taken against any
person in any district(a) where he is, or(b) where he or his wife resides, or(c) where he last resided with his wife, or as the case may be, with the motherof theillegitimate child.
(2) All evidence in such proceedings shall be taken in the presence of theperson against whom an order for payment of maintenance is proposed to be
made, or, when his personal attendance is dispensed with in the presence ofhis pleader, and shall be recorded in the manner prescribed for summonscases:
Provided that if the Magistrate is satisfied that the person against whom anorder for payment of maintenance is proposed to be made is wilfully avoiding
service, or wilfully neglecting to attend the Court, the Magistrate may proceedto hear and determine the case ex parte and any order so made may be set
aside for good cause shown on an application made within three months fromthe date thereof subject to such terms including terms as to payment of costs
to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125 shall have power
to make such order as to costs as may be just.
127.Alteration in allowance.(1) On proof of a change in the circumstances of any person, receiving, under
section 125 a monthly allowance, or ordered under the same section to pay amonthly allowance to his wife, child, father or mother, as the case may be, theMagistrate may make such alteration in the allowance as he thinks fit:
Provided that if he increase the allowance, the monthly rate of five hundred
rupees in the whole shall not be exceeded.
(2) Where it appears to the Magistrate that, in consequence of any decision of
a competent Civil Court, any order made under section 125 should becancelled or varied, he shall cancel the order or, as the case may be, vary thesame accordingly.
(3) Where any order has been made under section 125 in favour of a woman
who has been divorced by, or has obtained a divorce from, her husband, theMagistrate shall, if he is satisfied that –(a) the woman has, after the date of such divorce, remarried, cancel such order
as from the date of her remarriage;(b) the woman has been divorced by her husband and that she has received,
whether before or after the date of the said order, the whole of the sum which,under any customary or personal law applicable to the parties, was payable onsuch divorce, cancel such order, –(i) in the case where such sum was paid before such order from the date on
which such order was made,(ii) in any other case, from the date of expiry of the period, if any, for which
maintenance has been actually paid by the husband to the woman;(c) the woman has obtained a divorce from her husband and that she had
voluntarily surrendered her rights to maintenance after her divorce, cancel theorder from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or
dowry by any person, to whom a monthly allowance has been ordered to be
paid under section 125, the Civil Court shall take into account the sum which
has been paid to, or recovered by, such person as monthly allowance inpursuance of the said order.
128.Enforcement of order of maintenance.A copy of the order of maintenance shall be given without payment to theperson in whose favour it is made, or to his guardian, if any, or to the person
to whom the allowance is to be paid; and such order may be enforced by any
Magistrate in any place where the person against whom it is made may be, onsuch Magistrate being satisfied as to the identity of the parties and the nonpayment of the allowance due.
CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.- Unlawful assemblies
129.Dispersal of assembly by use of civil force.(1) Any Executive Magistrate or officer incharge of a police station or, in theabsence of such officer incharge, any police officer, not below the rank of a
sub-inspector, may command any unlawful assembly, or any assembly of fiveor more persons likely to cause a disturbance of the public peace, to disperse;
and it shall thereupon be the duty of the members of such assembly todisperse accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if,
without being so commanded, it conducts itself in such a manner as to show adetermination not to disperse, any Executive Magistrate or police officer
referred to in sub-section (1), may proceed to disperse such assembly by force,and may require the assistance of any male person, not being an officer ormember of the armed forces and acting as such, for the purpose of dispersing
such assembly, and, if necessary, arresting and confining the persons whoform part of it, in order to disperse such assembly or that they may bepunished according to law.
130.Use of armed forces to disperse assembly.(1) If any such assembly cannot be otherwise dispersed, and if it is necessary
for the public security that it should be dispersed, the Executive Magistrate of
the highest rank who is present may cause it to be dispersed by the armed
forces.

(2) Such Magistrate may require any officer in command of any group of
persons belonging to the armed forces to disperse the assembly with the helpof the armed forces under his command, and to arrest and confine such
persons forming part of it as the Magistrate may direct, or as it may benecessary to arrest and confine in order to disperse the assembly or to havethem punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in suchmanner as he thinks fit, but in so doing he shall use as little force, and do as
little injury to person and property, as may be consistent with dispersing theassembly and arresting and detaining such persons.
131.Power of certain armed force officers to disperse assembly.When the public security is manifestly endangered by any such assembly andno Executive Magistrate can be communicated with, any commissioned orgazetted officer of the armed forces may disperse such assembly with the helpof the armed forces under his command, and may arrest and confine any
persons forming part of it, in order to disperse such assembly or that they may
be punished according to law; but if, while he is acting under this section, it
becomes practicable for him to communicate with an Executive Magistrate, heshall do so, and shall thenceforward obey the instructions of the Magistrate, as
to whether he shall or shall not continue such action.
132.Protection against prosecution for acts done under preceding
sections.(1)No prosecution against any person for any act purporting to be done under
section 129, section 130 or section 131 shall be instituted in any Criminal Court
except –(a) with the sanction of the Central Government where such person is an
officer or member of the armed forces;(b) with the sanction of the State Government in any other case.
(2) (a) No Executive Magistrate or police officer acting under any of the said
sections in good faith;(b) no person doing any act in good faith in compliance with a requisition
under section 129 or section 130;(c) no officer of the armed forces acting under section 131 in good faith;(d) no member of the armed forces doing any act in obedience to any orderwhich he was bound to obey,
shall be deed to have thereby committed an offence.
(3) In this section and in the preceding sections of this Chapter, –(a) the expression “armed forces” means the military, naval and air forces,
operating as land forces and includes any other Armed Forces of the Union so
operating;(b)”officer”, in relation to the armed forces, means a person commissioned,
gazetted or in pay as an officer of the armed forces and includes a juniorcommissioned officer, a warrant officer, a petty officer, a non-commissioned
officer and a non-gazetted officer;(c)”member”, in relation to the armed forces, means a person in the armed
forces other than an officer.
B.- Public nuisances
133.Conditional order for removal of nuisance.(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other
Executive Magistrate specially empowered in this behalf by the State
Government, on receiving the report of a police officer or other informationand on taking such evidence (if any) as he thinks fit, considers –(a) that any unlawful obstruction or nuisance should be removed from any
public place or from any way, river or channel which is or may be lawfully
used by the public; or(b) that the conduct of any trade or occupation, or the keeping of any goods ormerchandise, is injurious to the health or physical comfort of the community ,and that in consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or the keeping
thereof regulated; or(c) that the construction of any building, or, the disposal of any substance , asis likely to occasion conflagration or explosion, should be prevented or
stopped; or(d) that any building, tent or structure, or any tree is in such a condition that it
is likely to fall and thereby cause injury to persons living or carrying on
business in the neighbourhood or passing by, and that in consequence theremoval, repair or support of such building, tent or structure, or the removal
or support of such tree, is necessary; or(e) that any tank, well or excavation adjacent to any such way or public placeshould be fenced in such manner as to prevent danger arising to the public; or(f) that any dangerous animal should be destroyed, confined or otherwise
disposed of,such Magistrate may make a conditional order requiring the person causing
such obstruction or nuisance, or carrying on such trade or occupation, or
keeping any such goods or merchandise, or owning, possessing or controllingsuch building, tent, structure, substance, tank, well or excavation, or owningor possessing such animal or tree, within a time to be fixed in the order(i) to remove such obstruction or nuisance; or(ii) to desist from carrying on, or to remove or regulate in such manner as may
be directed, such trade or occupation, or to remove such goods ormerchandise, or to regulate the keeping thereof in such manner as may bedirected; or(iii) to prevent or stop the construction of such building, or to alter the
disposal of such substance; or(iv) to remove, repair or support such building, tent or structure, or to remove
or support such trees; or(v) to fence such tank, well or excavation; or(vi) to destroy, confine or dispose of such dangerous animal in the manner
provided in the said order;or, if he objects so to do, to appear before himself or some other Executive
Magistrate subordinate to him at a time and place to be fixed by the order, andshow cause, in the manner hereinafter provided, why the order should not bemade absolute.
(2) No order duly made by a Magistrate under this section shall be called inquestion in any Civil Court.

Explanation.- A “public place” includes also property belonging to
the State, camping grounds and left unoccupied for sanitary or
recreative purposes.
134.Service or notification of order.(1)The order shall, if practicable, be served on the person against whom it ismade, in the manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation,
published in such manner as the State Government may, by rules, direct, anda copy thereof shall be stuck up at such place or places as may be fittest for
conveying the information to such person.
135.Person to whom order is addressed to obey or show cause.The person against whom such order is made shall –(a) perform, within the time and in the manner specified in the order, the act
directed thereby; or(b) appear in accordance with such order and show cause against the same.
136.Consequences of his failing to do so.If such person does not perform such act or appear and show cause, he shallbe liable to the penalty prescribed in that behalf in section 188 of the Indian
Penal Code, (45 of 1860)and the order shall be made absolute.
137.Procedure where existence of public right is denied.(1) Where an order is made under section 133 for the purpose of preventing
obstruction, nuisance or danger to the public in the use of any way, river,channel or place, the Magistrate shall, on the appearance before him of theperson against whom the order was made, question him as to whether hedenies the existence of any public right in respect of the way, river, channel orplace, and if he does so, the Magistrate shall, before proceeding under section
138, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence insupport of such denial, he shall stay the proceedings until the matter of theexistence of such right has been decided by a competent Court; and, if he findsthat there is no such evidence, he shall proceed as laid down in section 138.
(3) A person who has, on being questioned by the Magistrate under subsection (1), failed to deny the existence of a public right of the nature thereinreferred to, or who, having made such denial, has failed to adduce reliableevidence in support thereof, shall not in the subsequent proceedings bepermitted to make any such denial.
138.Procedure where he appears to show cause.(1) If the person against whom an order under section 133 is made appears
and shows cause against the order, the Magistrate shall take evidence in thematter as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or
subject to such modification as he considers necessary, is reasonable andproper, the order shall be made absolute without modification or, as the casemay be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be takenin the case.
139.Power of Magistrate to direct local investigation andexamination of an expert.The Magistrate may, for the purposes of an inquiry under section 137 or
section 138(a) direct a local investigation to be made by such person as he thinks fit; or(b) summon and examine an expert.
140.Power of Magistrate to furnish written instructions, etc.(1) Where the Magistrate directs a local investigation by any person under
section 139, the Magistrate may –(a) furnish such person with such written instructions as may seem necessary
for his guidance;(b) declare by whom the whole or any part of the necessary expenses of thelocal investigation shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section
139, the Magistrate may direct by whom the costs of such summoning andexamination shall be paid.
141.Procedure on order being made absolute and consequences ofdisobedience.-

(1) When an order has been made absolute under section 136 or section 138,
the Magistrate shall give notice of the same to the person against whom theorder was made, and shall further require him to perform the act directed by
the order within a time to be fixed in the notice, and inform him that, in caseof disobedience, he will be liable to the penalty provided by section 188 of the
Indian Penal Code(45 of 1860).
(2) If such act is not performed within the time fixed, the Magistrate may
cause it to be performed, and may recover the costs of performing it, either by
the sale of any building, goods or other property removed by his order, or by
the distress and sale of any other movable property of such person within orwithout such Magistrate’s local jurisdiction and if such other property is
without such jurisdiction, the order shall authorise its attachment and salewhen endorsed by the Magistrate within whose local jurisdiction the property
to be attached is found.
(3) No suit shall lie in respect of anything done in good faith under thissection.
142.Injunction pending inquiry.
– (1) If a Magistrate making an order under section 133 considers that
immediate measures should be taken to prevent imminent danger or injury ofa serious kind to the public, he may issue such an injunction to the person
against whom the order was made, as is required to obviate or prevent suchdanger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate
may himself use, or cause to be used, such means as he thinks fit to obviate
such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrateunder this section.
143.Magistrate may prohibit repetition or continuance of public
nuisance.A District Magistrate or Sub-divisional Magistrate, or any other Executive
Magistrate empowered by the State Government or the District Magistrate inthis behalf, may order any person not to repeat or continue a public nuisance,
as defined in the Indian Penal Code, (45 of 1860) or any special or local law.
C.- Urgent cases of nuisance or apprehended danger

144.Power to issue order in urgent cases of nuisance orapprehended danger.(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate specially empowered by theState Government in this behalf, there is sufficient ground for proceedingunder this section and immediate prevention or speedy remedy is desirable,
such Magistrate may, by a written order stating the material facts of the caseand served in the manner provided by section 134, direct any person toabstain from a certain act or to take certain order with respect to certain
property in his possession or under his management, if such Magistrateconsiders that such direction is likely to prevent, or tends to prevent,obstruction, annoyance or injury to any person lawfully employed, or danger
to human life, health or safety, or a disturbance of the public tranquillity, or ariot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where
the circumstances do not admit of the serving in due time of a notice upon the
person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or topersons residing in a particular place or area, or to the public generally whenfrequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than twomonths from the making thereof:
Provided that, if the State Government considers it necessary so to do forpreventing danger to human life, health or safety or for preventing a riot or
any affray, it may, by notification, direct that an order made by a Magistrateunder this section shall remain in force for such further period not exceeding
six months from the date on which the order made by the Magistrate would
have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any
person aggrieved, rescind or alter any order made under this section, byhimself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the applicationof any person aggrieved, rescind or alter any order made by it under theproviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received,
the Magistrate, or the State Government, as the case may be, shall afford to
the applicant an early opportunity of appearing before him or it, either inperson or by pleader and showing cause against the order; and if theMagistrate or the State Government, as the case may be, rejects theapplication wholly or in part, he or it shall record in writing the reasons for sodoing.
D.- Disputes as to immovable property
145.Procedure where dispute concerning land or water is likely tocause breach of peace.(1) Whenever an Executive Magistrate is satisfied from a report of a police orupon other information that a dispute likely to cause a breach of the peace
exists concerning any land or water or the boundaries thereof, within his local
jurisdiction, he shall make an order in writing, stating the grounds of his being
so satisfied, and requiring the parties concerned in such dispute to attend his
Court in person or by pleader on a specified date and time, and to put in
written statements of their respective claims as respects the fact of actual
possession of the subject of dispute.
(2) For the purposes of this section, the expression “land or water” includes
buildings, markets, fisheries, crops or other produce of land, and the rents or
profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Code forthe service of a summons upon such person or persons as the Magistrate may
direct, and at least one copy shall be published by being affixed to someconspicuous place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits or the claims of
any of the parties to a right to possess the subject of dispute, peruse thestatements so put in, hear the parties, receive all such evidence as may be
produced by them, take such further evidence, if any, as he thinks necessary,
and, if possible, decide whether any and which of the parties was, at the dateof the order made by him under sub-section (1), in possession of the subject ofdispute:Provided that if it appears to the Magistrate that any party has been forcibly
and wrongfully dispossessed within two months next before the date on which
the report of a police officer or other information was received by theMagistrate, or after that date and before the date of his order under sub-

section (1), he may treat the party so dispossessed as if that party had been inpossession on the date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required to attend, or
any other person interested, from showing that no such dispute as aforesaid
exists or has existed; and in such case the Magistrate shall cancel his saidorder, and all further proceedings thereon shall be stayed, but, subject to suchcancellation, the order of the Magistrate under sub-section (1) shall be final.
(6) (a) If the Magistrate decides that one of the parties was, or should under
the proviso to sub-section (4) be treated as being, in such possession of thesaid subject, he shall issue an order declaring such party to be entitled topossession thereof until evicted therefrom in due course of law, and forbidding
all disturbance of such possession until such eviction; and when he proceeds
under the proviso to sub-section (4), may restore to possession the party
forcibly and wrongfully dispossessed.
(b) The order made under this sub-section shall be served and published in
the manner laid down in sub-section (3).
(7) When any party to any such proceeding dies, the Magistrate may cause thelegal representative of the deceased party to be made a party to the proceeding
and shall thereupon continue the inquiry, and if any question arises as to who
the legal representative of a deceased party for the purposes of suchproceeding is, all persons claiming to be representatives of the deceased party
shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other produce of theproperty, the subject of dispute in a proceeding under this section pending
before him, is subject to speedy and natural decay, he may make an order forthe proper custody or sale of such property, and, upon the completion of theinquiry, shall make such order for the disposal of such property, or the saleproceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under
this section, on the application of either party, issue a summons to any witness
directing him to attend or to produce any document or thing.
(10) Nothing in this section shall be deemed to be in derogation of the powersof the Magistrate to proceed under section 107.
146.Power to attach subject of dispute and to appoint receiver.-(1) If the Magistrate at any time after making the order under sub-section (1)of section 145 considers the case to be one of emergency, or if he decides thatnone of the parties was then in such possession as is referred to in section 145,
or if he is unable to satisfy himself as to which of them was then in such
possession of the subject of dispute, he may attach the subject of dispute until
a competent Court has determined the rights of the parties thereto with regard
to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if heis satisfied that there is no longer any likelihood of breach of the peace withregard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiverin relation to such subject of dispute has been appointed by any Civil Court,
make such arrangements as he considers proper for looking after the property
or if he thinks fit, appoint a receiver thereof, who shall have, subject to thecontrol of the Magistrate, all the powers of a receiver appointed under the
Code of Civil Procedure, 1908:
Provided that in the event of a receiver being subsequently appointed inrelation to the subject of dispute by any Civil Court, the Magistrate(a) shall order the receiver appointed by him to hand over the possession of
the subject of dispute to the receiver appointed by the Civil Court and shallthereafter discharge the receiver appointed by him;(b) may make such other incidental or consequential orders as may be just.
147.Dispute concerning right of use of land or water.(1) Whenever an Executive Magistrate is satisfied from the report of a police
officer or upon other information, that a dispute likely to cause a breach of thepeace exists regarding any alleged right of user of any land or water within his
local jurisdiction, whether such right be claimed as an easement or otherwise,
he shall make an order in writing, stating the grounds of his being so satisfied
and requiring the parties concerned in such dispute to attend his Court inperson or by pleader on a specified date and time and to put in written
statements of their respective claims.
Explanation.- The expression “land or water” has the meaning
given to it in sub-section (2) of section 145.
(2) The Magistrate shall then peruse the statements so put in, hear the parties,
receive all such evidence as may be produced by them respectively, consider

the effect of such evidence, take such further evidence, if any, as he thinks
necessary and, if possible, decide whether such right exists; and the provisionsof section 145 shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make anorder prohibiting any interference with the exercise of such right, including, ina proper case, an order for the removal of any obstruction in the exercise ofany such right:
Provided that no such order shall be made where the right is exercisable at all
times of the year, unless such right has been exercised within three months
next before the receipt under sub-section (1) of the report of a police officer orother information leading to the institution of the inquiry, or where the right is
exercisable only at particular seasons or on particular occasions, unless theright has been exercised during the last of such seasons or on the last of suchoccasions before such receipt.
(4) When in any proceedings commenced under sub-section (1) of section 145
the Magistrate finds that the dispute is as regards an alleged right of user ofland or water, he may, after recording his reasons, continue with theproceedings as if they had been commenced under sub-section (1);and when in any proceedings commenced under sub-section (1) the magistratefinds that the dispute should be dealt with under section 145, he may, afterrecording his reasons, continue with the proceedings as if they had beencommenced under sub-section (1) of section 145.
148.Local inquiry.(1) Whenever a local inquiry is necessary for the purposes of section 145,
section 146 or section 147, a District Magistrate or Sub-divisional Magistrate
may depute any Magistrate subordinate to him to make the inquiry, and may
furnish him with such written instructions as may seem necessary for his
guidance, and may declare by whom the whole or any part of the necessary
expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under
section 145, section 146 or section 147, the Magistrate passing a decision may
direct by whom such costs shall be paid, whether by such party or by any otherparty to the proceeding, and whether in whole or in part or proportion andsuch costs may include any expenses incurred in respect of witnesses and ofpleaders’ fees, which the Court may consider reasonable.
CHAPTER XIPREVENTIVE ACTION OF THE POLICE
149.Police to prevent cognizable offences.Every police officer may interpose for the purpose of preventing, and shall, tothe best of his ability, prevent, the commission of any cognizable offence.
150.Information of design to commit cognizable offences.Every police officer receiving information of a design to commit any
cognizable offence shall communicate such information to the police officer towhom he is subordinate, and to any other officer whose duty it is to prevent ortake cognizance of the commission of any such offence.
151.Arrest to prevent the commission of cognizable offences.(1) A police officer knowing of a design to commit any cognizable offence may
arrest, without orders from a Magistrate and without a warrant, the person sodesigning, if it appears to such officer that the commission of the offencecannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for aperiod exceeding twenty-four hours from the time of his arrest unless his
further detention is required or authorised under any other provisions of thisCode or of any other law for the time being in force.
152.Prevention of injury to public property.A police officer may of his own authority interpose to prevent any injury
attempted to be committed in his view to any public property, movable or
immovable, or the removal of injury of any public landmark or buoy or othermark used for navigation.
153.Inspection of weights and measures.(1) Any officer in charge of a police station may, without a warrant, enter any
place within the limits of such station for the purpose of inspecting or
searching for any weights or measures or instruments for weighing, used or
kept therein, whenever he has reason to believe that there are in such place
any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments forweighing which are false, he may seize the same, and shall forthwith giveinformation of such seizure to a Magistrate having jurisdiction.

CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
154.Information in cognizable cases.(1) Every information relating to the commission of a cognizable offence, if
given orally to an officer in charge of a police station, shall be reduced towriting by him or under his direction, and be read over to the informant; andevery such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub-section (1) shall be given
forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of apolice station to record the information referred to in sub-section (1) may send
the substance of such information, in writing and by post, to theSuperintendent of Police concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate thecase himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer
shall have all the powers of an officer in charge of the police station in relation
to that offence.
155.Information as to non-cognizable cases and investigation ofsuch cases.(1) When information is given to an officer in charge of a police station of thecommission within the limits of such station of a non-cognizable offence, heshall enter or cause to be entered the substance of the information in a book to
be kept by such officer in such form as the State Government may prescribe inthis behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the orderof a Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in
respect of the investigation (except the power to arrest without warrant) as an
officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one iscognizable, the case shall be deemed to be a cognizable case, not-withstandingthat the other offences are non-cognizable.
156.Police officers power to investigate cognizable case.(1) Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having jurisdiction
over the local area within the limits of such station would have power toinquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage becalled in question on the ground that the case was one which such officer was
not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such aninvestigation as above-mentioned.
157.Procedure for investigation.(1) If, from information received or otherwise, an officer in charge of a police
station has reason to suspect the commission of an offence which he isempowered under section 156 to investigate, he shall forthwith send a reportof the same to a Magistrate empowered to take cognizance of such offence
upon a police report and shall proceed in person, or shall depute one of his
subordinate officers not being below such rank as the State Government may,by general or special order, prescribe in this behalf, to proceed, to the spot, toinvestigate the facts and circumstances of the case, and, if necessary, to takemeasures for the discovery and arrest of the offender:
Provided that(a) when information as to the commission of any such offence is given against
any person by name and the case is not of a serious nature, the officer incharge of a police station need not proceed in person or depute a subordinate
officer to make an investigation on the spot;(b) if it appears to the officer in charge of a police station that there is no
sufficient ground for entering on an investigation, he shall not investigate thecase.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to subsection (1), the officer in charge of the police station shall state in his report
his reasons for not fully complying with the requirements of that sub-section,
and, in the case mentioned in clause (b) of the said proviso, the officer shallalso forthwith notify to the informant, if any, in such manner as may beprescribed by the State Government, the fact that he will not investigate thecase or cause it to be investigated.
158.Report how submitted.(1) Every report sent to a Magistrate under section 157 shall, if the State
Government so directs, be submitted through such superior officer of police as
the State Government, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge ofthe police station as he thinks fit, and shall, after recording such instructions
on such report, transmit the same without delay to the Magistrate.
159.Power to hold investigation or preliminary inquiry.Such Magistrate, on receiving such report, may direct an investigation, or, if
he thinks fit, at once proceed, or depute any Magistrate subordinate to him toproceed, to hold a preliminary inquiry into, or otherwise to dispose of, the casein the manner provided in this Code.
160.Police officers power to require attendance of witnesses.(1) Any police officer making an investigation under this Chapter may, byorder in writing, require the attendance before himself of any person being
within the limits of his own or any adjoining station who, from theinformation given or otherwise, appears to be acquainted with the facts andcircumstances of the case; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or woman shall be
required to attend at any place other than the place in which such male person
or woman resides.
(2) The State Government may, by rules made in this behalf, provide for thepayment by the police officer of the reasonable expenses of every person,
attending under sub-section (1) at any place other than his residence.
161.Examination of witnesses by police.(1) Any police officer making an investigation under this Chapter, or any police
officer not below such rank as the State Government may, by general or
special order, prescribe in this behalf, acting on the requisition of such officer,
may examine orally any person supposed to be acquainted with the facts andcircumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to suchcase put to him by such officer, other than questions the answers to whichwould have a tendency to expose him to a criminal charge or to a penalty or
forfeiture.
(3) The police officer may reduce into writing any statement made to him in
the course of an examination under this section; and if he does so, he shallmake a separate and true record of the statement of each such person whosestatement he records.
162.Statements to police not to be signed:
Use of statements in evidence.- (1) No statement made by any person to apolice officer in the course of an investigation under this Chapter, shall, if
reduced to writing, be signed by the person making it; nor shall any suchstatement or any record thereof, whether in a police diary or otherwise, or any
part of such statement or record, be used for any purpose, save as hereinafter
provided, at any inquiry or trial in respect of any offence under investigation
at the time when such statement was made:Provided that when any witness is called for the prosecution in such inquiry ortrial whose statement has been reduced into writing as aforesaid, any part ofhis statement, if duly proved, may be used by the accused, and with thepermission of the Court, by the prosecution, to contradict such witness in themanner provided by section 145 of the Indian Evidence Act , 1872; (1 of 1872)
and when any part of such statement is so used, any part thereof may also be
used in the re-examination of such witness, but for the purpose only of
explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement fallingwithin the provisions of clause (1) of section 32 of the Indian Evidence Act,
1872, (1 of 1872) or to affect the provisions of section 27 of that Act.
Explanation.- An omission to state a fact or circumstance in the statement
referred to in sub-section (1) may amount to contradiction if the same appears
to be significant and otherwise relevant having regard to the context in whichsuch omission occurs and whether any omission amounts to a contradiction in
the particular context shall be a question of fact.
163.No inducement to be offered.(1) No police officer or other person in authority shall offer or make, or cause
to be offered or made, any such inducement, threat or promise as ismentioned in section 24 of the Indian Evidence Act, 1872(1 of 1872).
(2) But no police officer or other person shall prevent, by any caution orotherwise, any person from making in the course of any investigation underthis Chapter any statement which he may be disposed to make of his own freewill:
Provided that nothing in this sub-section shall affect the provisions of subsection (4) of section 164.
164.Recording of confessions and statements.(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not hehas jurisdiction in the case, record any confession or statement made to him in
the course of an investigation under this Chapter or under any other law for
the time being in force, or at any time afterwards before the commencement of
the inquiry or trial:
Provided that no confession shall be recorded by a police officer on whom any
power of a Magistrate has been conferred under any law for the time being inforce.
(2) The Magistrate shall, before recording any such confession, explain to theperson making it that he is not bound to make a confession and that, if he doesso, it may be used as evidence against him; and the Magistrate shall not record
any such confession unless, upon questioning the person making it, he hasreason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing
before the Magistrate states that he is not willing to make the confession, theMagistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section
281 for recording the examination of an accused person and shall be signed by
the person making the confession; and the Magistrate shall make amemorandum at the foot of such record to the following effect:“I have explained to (name) that he is not bound to make a confession andthat, if he does so, any confession he may make may be used as evidence
against him and I believe that this confession was voluntarily made.It was
taken in my presence and hearing, and was read over to the person making it
and admitted by him to be correct, and it contains a full and true account of
the statement made by him.
(Signed) A. B.
Magistrate”.
(5) Any statement (other than a confession) made under sub-section (1) shallbe recorded in such manner hereinafter provided for the recording of evidence

as is, in the opinion of the Magistrate, best fitted to the circumstances of thecase; and the Magistrate shall have power to administer oath to the person
whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section
shall forward it to the Magistrate by whom the case is to be inquired into or
tried.
165.Search by police officer(1) Whenever an officer in charge of a police station or a police officer making
an investigation has reasonable grounds for believing that anything necessary
for the purposes of an investigation into any offence which he is authorised toinvestigate may be found in any place within the limits of the police station ofwhich he is in charge, or to which he is attached, and that such thing cannot in
his opinion be otherwise obtained without undue delay, such officer may, afterrecording in writing the grounds of his belief and specifying in such writing, so
far as possible, the thing for which search is to be made, search, or cause
search to be made, for such thing in any place within the limits of such station.
(2) A police officer proceeding under sub-section (1), shall, if practicable,
conduct the search in person.
(3) If he is unable to conduct the search in person, and there is no otherperson competent to make the search present at the time, he may, afterrecording in writing his reasons for so doing, require any officer subordinate
to him to make the search, and he shall deliver to such subordinate officer anorder in writing, specifying the place to be searched, and so far as possible, thething for which search is to be made; and such subordinate officer may
thereupon search for such thing in such place.
(4) The provisions of this Code as to search-warrants and the generalprovisions as to searches contained in section 100 shall, so far as may be,apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shallforthwith be sent to the nearest Magistrate empowered to take cognizance ofthe offence, and the owner or occupier of the place searched shall, on
application, be furnished, free of cost, with a copy of the same by theMagistrate.
166.When officer in charge of police station may require another toissue search warrant.-

(1) An officer in charge of a police station or a police officer not being below
the rank of sub-inspector making an investigation may require an officer incharge of another police station, whether in the same or a different district, tocause a search to be made in any place, in any case in which the former officer
might cause such search to be made, within the limits of his own station.
(2) Such officer, on being so required, shall proceed according to theprovisions of section 165, and shall forward the thing found, if any, to theofficer at whose request the search was made.
(3) Whenever there is reason to believe that the delay occasioned by requiring
an officer in-charge of another police station to cause a search to be madeunder sub-section (1) might result in evidence of the commission of an offence
being concealed or destroyed, it shall be lawful for an officer in-charge of apolice station or a police officer making any investigation under this Chapter
to search, or cause to be searched, any place in the limits of another police
station in accordance with the provisions of section 165, as if such place were
within the limits of his own police station.
(4) Any officer conducting a search under sub-section (3) shall forthwith send
notice of the search to the officer in charge of the police station within thelimits of which such place is situate, and shall also send with such notice a
copy of the list (if any) prepared under section 100, and shall also send to thenearest Magistrate empowered to take cognizance of the offence, copies of therecords referred to in sub-sections (1) and (3) of section 165.
(5) The owner or occupier of the place searched shall, on application, befurnished free of cost with a copy of any record sent to the Magistrate undersub-section (4).
167.Procedure when investigation cannot be completed in twenty
four hours.(1) Whenever any person is arrested and detained in custody, and it appears
that the investigation cannot be completed within the period of twenty-fourhours fixed by section 57, and there are grounds for believing that theaccusation or information is well-founded, the officer in charge of the police
station or the police officer making the investigation, if he is not below therank of sub-inspector, shall forthwith transmit to the nearest Judicial
Magistrate a copy of the entries in the diary hereinafter prescribed relating to
the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section
may, whether he has or has not jurisdiction to try the case, from time to time,
authorise the detention of the accused in such custody as such Magistrate
thinks fit, for a term not exceeding fifteen days in the whole; and if he has no
jurisdiction to try the case or commit it for trial, and considers further
detention unnecessary, he may order the accused to be forwarded to a
Magistrate having such jurisdiction:
Provided that(a) the Magistrate may authorise detention of the accused person, otherwise
than in custody of the police, beyond the period of fifteen days if he is satisfied
that adequate grounds exist for doing so, but no Magistrate shall authorise thedetention of the accused person in custody under this section for a total period
exceeding sixty days, and on the expiry of the said period of sixty days, theaccused person shall be released on bail if he is prepared to and does furnish
bail; and every person released on bail under this section shall be deemed tobe so released under the provisions of Chapter XXXIII for the purposes of that
Chapter;(b) no Magistrate shall authorise detention in any custody under this section
unless the accused is produced before him;(c) no Magistrate of the second class, not specially empowered in this behalfby the High Court, shall authorise detention in the custody of the police.
Explanation.- If any question arises whether an accused person was
produced before the Magistrate as required under paragraph (b), theproduction of the accused person may be proved by his signature on the orderauthorising detention.
(3) A Magistrate authorising under this section detention in the custody of thepolice shall record his reasons for so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate making such ordershall forward a copy of his order, with his reasons for making it, to the Chief
Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case, the investigation
is not concluded within a period of six months from the date on which theaccused was arrested, the Magistrate shall make an order stopping further
investigation into the offence unless the officer making the investigation
satisfies the Magistrate that for special reasons and in the interests of justicethe continuation of the investigation beyond the period of six months isnecessary.
(6) Where any order stopping further investigation into an offence has been
made under sub-section (5), the Sessions Judge may, if he is satisfied, on an
application made to him or otherwise, that further investigation into theoffence ought to be made, vacate the order made under sub-section (5) anddirect further investigation to be made into the offence subject to suchdirections with regard to bail and other matters as he may specify.
168.Report of investigation by subordinate police officer.When any subordinate police officer has made any investigation under this
Chapter, he shall report the result of such investigation to the officer in chargeof the police station.
169.Release of accused when evidence deficient.If, upon an investigation under this Chapter, it appears to the officer in chargeof the police station that there is not sufficient evidence or reasonable groundof suspicion to justify the forwarding of the accused to a Magistrate, suchofficer shall, if such person is in custody, release him on his executing a bond,with or without sureties, as such officer may direct, to appear, if and when so
required, before a Magistrate empowered to take cognizance of the offence ona police report, and to try the accused or commit him for trial.
170.Cases to be sent to Magistrate when evidence is sufficient.(1) If, upon an investigation under this Chapter, it appears to the officer incharge of the police station that there is sufficient evidence or reasonableground as aforesaid, such officer shall forward the accused under custody to a
Magistrate empowered to take cognizance of the offence upon a police report
and to try the accused or commit him for trial, or, if the offence is bailable andthe accused is able to give security, shall take security from him for his
appearance before such Magistrate on a day fixed and for his attendance fromday to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forwards an accused person
to a Magistrate or takes security for his appearance before such Magistrateunder this section, he shall send to such Magistrate any weapon or otherarticle which it may be necessary to produce before him, and shall require thecomplainant (if any) and so many of the persons who appear to such officer tobe acquainted with the facts and circumstances of the case as he may thinknecessary, to execute a bond to appear before the Magistrate as therebydirected and prosecute or give evidence (as the case may be) in the matter ofthe charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such
Court shall be held to include any Court to which such Magistrate may refer
the case for inquiry or trial, provided reasonable notice of such reference isgiven to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy
thereof to one of the persons who executed it, and shall then send to theMagistrate the original with his report.
171.Complainant and witnesses not to be required to accompany
police officer and not to be subjected to restraint.No complainant or witness on his way to any Court shall be required toaccompany a police officer, or shall be subjected to unnecessary restraint orinconvenience, or required to give any security for his appearance other thanhis own bond:
Provided that, if any complainant or witness refuses to attend or to execute abond as directed in section 170, the officer in charge of the police station may
forward him in custody to the Magistrate, who may detain him in custody
until he executes such bond, or until the hearing of the case is completed.
172.Diary of proceedings in investigation.(1) Every police officer making an investigation under this Chapter shall day
by day enter his proceedings in the investigation in a diary, setting forth thetime at which the information reached him, the time at which he began andclosed his investigation, the place or places visited by him, and a statement of
the circumstances ascertained through his investigation.
(2) Any Criminal Court may send for the police diaries of a case under inquiry
or trial in such Court, and may use such diaries, not as evidence in the case,but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries,
nor shall he or they be entitled to see them merely because they are referred toby the Court; but, if they are used by the police officer who made them torefresh his memory, or if the Court uses them for the purpose of contradicting
such police officer, the provisions of section 161 or section 145 as the case may
be, of the Indian Evidence Act, 1872, (1 of 1872) shall apply.
173.Report of police officer on completion of investigation.-(1) Every investigation under this Chapter shall be completed without
unnecessary delay.
(2) (i) As soon as it is completed, the officer in charge of the police station
shall forward to a Magistrate empowered to take cognizance of the offence ona police report, a report in the form prescribed by the State Government,
stating –(a) the names of the parties;(b) the nature of the information;(c) the names of the persons who appear to be acquainted with thecircumstances of the case;(d) whether any offence appears to have been committed and, if so, by whom;(e) whether the accused has been arrested;(f) whether he has been released on his bond and, if so, whether with orwithout sureties;(g) whether he has been forwarded in custody under section 170.
(ii) The officer shall also communicate, in such manner as may be prescribedby the State Government, the action taken by him, to the person, if any, bywhom the information relating to the commission of the offence was firstgiven.
(3) Where a superior officer of police has been appointed under section 158,
the report shall, in any case in which the State Government by general or
special order so directs, be submitted through that officer, and he may,pending the orders of the Magistrate, direct the officer in charge of the police
station to make further investigation.
(4) Whenever it appears from a report forwarded under this section that theaccused has been released on his bond, the Magistrate shall make such orderfor the discharge of such bond or otherwise as he thinks fit.
(5) When such report is in respect of a case to which section 170 applies, thepolice officer shall forward to the Magistrate along with the report-

(a) all documents or relevant extracts thereof on which the prosecution
proposes to rely other than those already sent to the Magistrate during
investigation;(b) the statements recorded under section 161 of all the persons whom theprosecution proposes to examine as its witnesses.
(6) If the police officer is of opinion that any part of any such statement is not
relevant to the subject-matter of the proceedings or that its disclosure to theaccused is not essential in the interest of justice and is inexpedient in the
public interest, he shall indicate that part of the statement and append a noterequesting the Magistrate to exclude that part from the copies to be granted tothe accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do,he may furnish to the accused copies of all or any of the documents referred toin sub-section (5).
(8) Nothing in this section shall be deemed to preclude further investigation in
respect of an offence after a report under sub-section (2) has been forwarded
to the Magistrate and, where upon such investigation, the officer in charge ofthe police station obtains further evidence, oral or documentary, he shallforward to the Magistrate a further report or reports regarding such evidence
in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as
far as may be, apply in relation to such report or reports as they apply in
relation to a report forwarded under sub-section (2).
174.Police to enquire and report on suicide, etc.(1) When the officer in charge of a police station or some other police officer
specially empowered by the State Government in that behalf receives
information that a person has committed suicide, or has been killed byanother or by an animal or by machinery or by an accident, or has died undercircumstances raising a reasonable suspicion that some other person has
committed an offence, he shall immediately give intimation thereof to thenearest Executive Magistrate empowered to hold inquests, and, unlessotherwise directed by any rule prescribed by the State Government, or by any
general or special order of the District or Sub-divisional Magistrate, shallproceed to the place where the body of such deceased person is, and there, inthe presence of two or more respectable inhabitants of the neighbourhood,shall make an investigation, and draw up a report of the apparent cause ofdeath, describing such wounds, fractures, bruises, and other marks of injury

as may be found on the body, and stating in what manner, or by what weapon
or instrument (if any); such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or byso many of them as concur therein, and shall be forthwith forwarded to theDistrict Magistrate or the Sub-divisional Magistrate.
(3) When there is any doubt regarding the cause of death, or when for any
other reason the police officer considers it expedient so to do, he shall, subject
to such rules as the State Government may prescribe in this behalf, forward
the body, with a view to its being examined, to the nearest Civil Surgeon, orother qualified medical man appointed in this behalf by the State Government,
if the state of the weather and the distance admit of its being so forwarded
without risk of such putrefaction on the road as would render suchexamination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any
District Magistrate or Sub-divisional Magistrate and any other Executive
Magistrate specially empowered in this behalf by the State Government or theDistrict Magistrate.
175.Power to summon persons.(1) A police officer proceeding under section 174 may, by order in writing,summon two or more persons as aforesaid for the purpose of the said
investigation, and any other person who appears to be acquainted with thefacts of the case and every person so summoned shall be bound to attend andto answer truly all questions other than questions the answers to which would
have a tendency to expose him to a criminal charge or to a penalty or
forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170
applies, such persons shall not be required by the police officer to attend a
Magistrate’s Court.
176.Inquiry by Magistrate into cause of death.(1) When any person dies while in the custody of the police, the nearest
Magistrate empowered to hold inquests shall, and in any other case mentioned
in sub-section (1) of section 174, any Magistrate so empowered may hold an
inquiry into the cause of death either instead of, or in addition to, theinvestigation held by the police officer; and if he does so, he shall have all thepowers in conducting it which he would have in holding an inquiry into an
offence.

(2) The Magistrate holding such an inquiry shall record the evidence taken by
him in connection therewith in any manner hereinafter prescribed according
to the circumstances of the case.
(3) Whenever such Magistrate considers it expedient to make an examinationof the dead body of any person who has been already interred, in order todiscover the cause of his death, the Magistrate may cause the body to bedisinterested and examined.
(4) Where an inquiry is to be held under this section, the Magistrate shall,wherever practicable, inform the relatives of the deceased whose names andaddresses are known, and shall allow them to remain present at the inquiry.
Explanation.- In this section, the expression “relative” means
parents, children, brothers, sisters and spouse.
CHAPTER XIIIJURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND
TRIALS
177.Ordinary place of inquiry and trial.Every offence shall ordinarily be inquired into and tried by a Court within
whose local jurisdiction it was committed.
178.Place of inquiry or trial.(a) When it is uncertain in which of several local areas an offence wascommitted, or(b) where an offence is committed partly in one local area and partly inanother, or(c) where an offence is a continuing one, and continues to be committed in
more local areas than one, or(d) where it consists of several acts done in different local areas.
it may be inquired into or tried by a Court having jurisdiction over any of such
local areas.
179.Offence triable where act is done or consequence ensues.When an act is an offence by reason of anything which has been done and of aconsequence which has ensued, the offence may be inquired into or tried by a
Court within whose local jurisdiction such thing has been done or suchconsequence has ensued.

180.Place of trial where act is an offence by reason of relation toother offence.When an act is an offence by reason of its relation to any other act which isalso an offence or which would be an offence if the doer were capable ofcommitting an offence, the first-mentioned offence may be inquired into or
tried by a Court within whose local jurisdiction either act was done.
181.Place of trial in case of certain offences.(1) Any offence of being a thug, or murder committed by a thug , of dacoity, of
dacoity with murder, of belonging to a gang of dacoits, or of escaping from
custody, may be inquired into or tried by a Court within whose local
jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired intoor tried by a Court within whose local jurisdiction the person was kidnappedor abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a
Court within whose local jurisdiction the offence was committed or the stolen
property which is the subject of the offence was possessed by any person
committing it or by any person who received or retained such property
knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust
may be inquired into or tried by a Court within whose local jurisdiction theoffence was committed or any part of the property which is the subject of theoffence was received or retained, or was required to be returned or accounted
for, by the accused person.
(5) Any offence which includes the possession of stolen property may beinquired into or tried by a Court within whose local jurisdiction the offence
was committed or the stolen property was possessed by any person who
received or retained it knowing or having reason to believe it to be stolen
property.
182.Offences committed by letters, etc.(1) Any offence which includes cheating may, if the deception is practised bymeans of letters or telecommunication messages, be inquired into or tried by
any Court within whose local jurisdiction such letters or messages were sent or
were received; and any offence of cheating and dishonestly inducing deliveryof property may be inquired into or tried by a Court within whose local

jurisdiction the property was delivered by the person deceived or was received
by the accused person.
(2) Any offence punishable under section 494 or section 495 of the Indian
Penal Code(45 of 1860) may be inquired into or tried by a Court within whose
local jurisdiction the offence was committed or the offender last resided withhis or her spouse by the first marriage.
183.Offence committed on journey or voyage.When an offence is committed whilst the person by or against whom, or thething in respect of which, the offence is committed is in the course of
performing a journey or voyage, the offence may be inquired into or tried by a
Court through or into whose local jurisdiction that person or thing passed in
the course of that journey or voyage.
184.Place of trial for offences triable together.Where(a) the offences committed by any person are such that he may be charged
with, and tried at one trial for, each such offence by virtue of the provisions ofsection 219, section 220 or section 221, or(b) the offence or offences committed by several persons are such that they
may be charged with and tried together by virtue of the provisions of section
223,
the offences may be inquired into or tried by any Court competent to inquire
into or try and of the offences.
185.Power to order cases to be tried in different sessions divisions.Notwithstanding anything contained in the preceding provisions of this
Chapter, the State Government may direct that any cases or class of cases
committed for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously
issued by the High Court or the Supreme Court under the Constitution, or
under this Code or any other law for the time being in force.
186.High Court to decide, in case of doubt, district where inquiry ortrial shall take place.-

Where two or more Courts have taken cognizance of the same offence and aquestion arises as to which of them ought to inquire into or try that offence,the question shall be decided –(a) if the Courts are subordinate to the same High Court, by that High Court;(b) if the Courts are not subordinate to the same High Court, by the High
Court within the local limits of whose appellate criminal jurisdiction theproceedings were first commenced,
and thereupon all other proceedings in respect of that offence shall be
discontinued.
187.Power to issue summons or warrant for offence committed
beyond local jurisdiction.(1) When a Magistrate of the first class sees reason to believe that any person
within his local jurisdiction has committed outside such jurisdiction (whether
within or outside India) an offence which cannot, under the provisions ofsections 177 to 185 (both inclusive), or any other law for the time being inforce, be inquired into or tried within such jurisdiction but is under some law
for the time being in force triable in India, such Magistrate may inquire into
the offence as if it had been committed within such local jurisdiction andcompel such person in the manner hereinbefore provided to appear before
him, and send such person to the Magistrate having jurisdiction to inquire
into or try such offence, or, if such offence is not punishable with death or
imprisonment for life and such person is ready and willing to give bail to thesatisfaction of the Magistrate acting under this section, take a bond with orwithout sureties for his appearance before the Magistrate having suchjurisdiction.
(2) When there are more Magistrates than one having such jurisdiction and
the Magistrate acting under this section cannot satisfy himself as to theMagistrate to or before whom such person should be sent or bound to appear,
the case shall be reported for the orders of the High Court.
188.Offence committed outside India.- When an offence iscommitted outside India –(a) by a citizen of India, whether on the high seas or elsewhere; or(b) by a person, not being such citizen, on any ship or aircraft registered inIndia,

he may be dealt with in respect of such offence as if it had been committed at
any place within India at which he may be found:
Provided that, notwithstanding anything in any of the preceding sections of
this Chapter, no such offence shall be inquired into or tried in India except
with the previous sanction of the Central Government.
189.Receipt of evidence relating to offences committed outside
India.When any offence alleged to have been committed in a territory outside India
is being inquired into or tried under the provisions of section 188, the Central
Government may, if it thinks fit, direct that copies of depositions made or
exhibits produced before a Judicial officer in or for that territory or before adiplomatic or consular representative of India in or for that territory shall bereceived as evidence by the Court holding such inquiry or trial in any case inwhich such Court might issue a commission for taking evidence as to thematters to which such depositions or exhibits relate.
CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
190.Cognizance of offences by Magistrates.(1) Subject to the provisions of this Chapter, any Magistrate of the first class,and any Magistrate of the second class specially empowered in this behalf
under sub-section (2), may take cognizance of any offence –(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police report of such facts;(c) upon information received from any person other than a police officer, or
upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the secondclass to take cognizance under sub-section (1) of such offences as are within
his competence to inquire into or try.
191.Transfer on application of the accused.When a Magistrate takes cognizance of an offence under clause (c) of subsection (1) of section 190, the accused shall, before any evidence is taken, be
informed that he is entitled to have the case inquired into or tried by another
Magistrate, and if the accused or any of the accused, if there be more than one,
objects to further proceedings before the Magistrate taking cognizance, thecase shall be transferred to such other Magistrate as may be specified by the
Chief Judicial Magistrate in this behalf.
192.Making over of cases to Magistrates.(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence,
make over the case for inquiry or trial to any competent Magistrate
subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief
Judicial Magistrate may, after taking cognizance of an offence, make over thecase for inquiry or trial to such other competent Magistrate as the Chief
Judicial Magistrate may, by general or special order, specify, and thereupon
such Magistrate may hold the inquiry or trial.
193.Cognizance of offences by Courts of Session.Except as otherwise expressly provided by this Code or by any other law for
the time being in force, no Court of Session shall take cognizance of any
offence as a Court of original jurisdiction unless the case has been committed
to it by a Magistrate under this Code.
194.Additional and Assistant Sessions Judges to try cases madeover to them.
As Additional Sessions Judge or Assistant Sessions Judge shall try such cases
as the Sessions Judge of the division may, by general or special order, makeover to him for trial or as the High Court may, by special order, direct him totry.
195.Prosecution for contempt of lawful authority of public
servants, for offences against public justice and for offences relating
to documents given in evidence.–(1) No Court shall take cognizance(a) (I) of any offence punishable under sections 172 to 188 (both inclusive) of
the Indian Penal Code,(45 of 1860) or(ii) of any abetment of, or attempt to commit, such offence, or(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of someother public servant to whom he is administratively subordinate;(b) (I) of any offence punishable under any of the following sections of the
Indian Penal Code,(45 of 1860) namely, sections 193 to 196 (both inclusive),
199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged tohave been committed in, or in relation to, any proceeding in any Court, or(ii) of any offence described in section 463, or punishable under section 471,
section 475 or section 476, of the said Code, when such offence is alleged tohave been committed in respect of a document produced or given in evidence
in a proceeding in any Court, or(iii) of any criminal conspiracy to commit, or attempt to commit, or theabetment of, any offence specified in sub-clause (I) or sub-clause (ii),
except on the complaint in writing of that Court, or of some other Court towhich that Court is subordinate.
(2) Where a complaint has been made by a public servant under clause (a) of
sub-section (1) any authority to which he is administratively subordinate mayorder the withdrawal of the complaint and send a copy of such order to the
Court; and upon its receipt by the Court, no further proceedings shall be takenon the complaint:
Provided that no such withdrawal shall be ordered if the trial in
the Court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or
Criminal Court, and includes a tribunal constituted by or under a Central,
Provincial or State Act if declared by that Act to be a Court for the purposes ofthis section.
(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed
to be subordinate to the Court to which appeals ordinarily lie from theappealable decrees or sentences of such former Court, or in the case of a Civil
Court from whose decrees no appeal ordinarily lies, to the Principal Court
having ordinary original civil jurisdiction within whose local jurisdiction such
Civil Court is situate:
Provided that(a) where appeals lie to more than one Court, the Appellate Court of inferior
jurisdiction shall be the Court to which such Court shall be deemed to besubordinate;(b) where appeals lie to a Civil and also to a Revenue Court, such Court shallbe deemed to be subordinate to the Civil or Revenue Court according to thenature of the case or proceeding in connection with which the offence isalleged to have been committed.
196.Prosecution for offences against the State and for criminal conspiracy tocommit such offence.- (1) No Court shall take cognizance of –(a) any offence punishable under Chapter VI or under section 153A, section
153B, section 295A or section 505 of the Indian Penal Code, (45 of 1860) or(b) a criminal conspiracy to commit such offence, or(c)any such abetment, as is described in section 108A of the Indian Penal
Code,(45 of 1860)
except with the previous sanction of the Central Government or of the State
Government.
(2) No Court shall take cognizance of the offence of any criminal conspiracy
punishable under section 120B of the Indian Penal Code, (45 of 1860) otherthan a criminal conspiracy to commit a cognizable offence punishable withdeath, imprisonment for life or rigorous imprisonment for a term of two years
or upwards, unless the State Government or the District Magistrate has
consented in writing to the initiation of the proceedings:
Provided that where the criminal conspiracy is one to which the provisions ofsection 195 apply, no such consent shall be necessary.
(3) The Central Government or the State Government may, before according
sanction under sub-section (1) and the State Government or the District
Magistrate may, before giving consent under sub-section (2), order apreliminary investigation by a police officer not being below the rank ofInspector, in which case such police officer shall have the powers referred to in
sub-section (3) of section 155.
197.Prosecution of Judges and public servants.
– (1) When any person who is or was a Judge or Magistrate or a public servant
not removable from his office save by or with the sanction of the Governmentis accused of any offence alleged to have been committed by him while actingor purporting to act in the discharge of his official duty, no Court shall takecognizance of such offence except with the previous sanction-

(a) in the case of a person who is employed or, as the case may be, was at thetime of commission of the alleged offence employed, in connection with theaffairs of the Union, of the Central Government;(b) in the case of a person who is employed or, as the case may be, was at thetime of commission of the alleged offence employed, in connection with theaffairs of a State, of the State Government.
(2) No Court shall take cognizance of any offence alleged to have beencommitted by any member of the Armed Forces of the Union while acting or
purporting to act in the discharge of his official duty, except with the previous
sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of
sub-section (2) shall apply to such class or category of the members of theForces charged with the maintenance of public order as may be specified
therein, wherever they may be serving, and thereupon the provisions of that
sub-section will apply as if for the expression “Central Government” occurring
therein, the expression “State Government” were substituted.
(4) The Central Government or the State Government, as the case may be, may
determine the person by whom, the manner in which, and the offence oroffences for which, the prosecution of such Judge, Magistrate or public servant
is to be conducted, and may specify the Court before which the trial is to be
held.
198.Prosecution for offences against marriage.(1) No Court shall take cognizance of an offence punishable under Chapter XXof the Indian Penal Code(45 of 1860) except upon a complaint made by someperson aggrieved by the offence:
Provided that(a) where such person is under the age of eighteen years, or is an idiot or a
lunatic, or is from sickness or infirmity unable to make a complaint, or is awoman who, according to the local customs and manners, ought not to becompelled to appear in public, some other person may, with the leave of the
Court, make a complaint on his or her behalf;(b) where such person is the husband and he is serving in any of the Armed
Forces of the Union under conditions which are certified by his Commanding
Officer as precluding him from obtaining leave of absence to enable him to
make a complaint in person, some other person authorised by the husband inaccordance with the provisions of sub-section (4) may make a complaint on
his behalf;(c) where the person aggrieved by an offence punishable under section 494 of
the Indian Penal Code(45 of 1860) is the wife, complaint may be made on her
behalf by her father, mother, brother, sister, son or daughter or by her father’sor mother’s brother or sister.
(2) For the purposes of sub-section (1), no person other than the husband of
the woman shall be deemed to be aggrieved by any offence punishable under
section 497 or section 498 of the said Code:Provided that in the absence of the husband, some person who had care of thewoman on his behalf at the time when such offence was committed may, withthe leave of the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1),the complaint is sought to be made on behalf of a person under the age ofeighteen years or of a lunatic by a person who has not been appointed or
declared by a competent authority to be the guardian of the person of theminor or lunatic, and the Court is satisfied that there is a guardian so
appointed or declared, the Court shall, before granting the application forleave, cause notice to be given to such guardian and give him a reasonable
opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1),shall be in writing, shall be signed or otherwise attested by the husband, shallcontain a statement to the effect that he has been informed of the allegations
upon which the complaint is to be founded, shall be countersigned by his
Commanding Officer, and shall be accompanied by a certificate signed by that
Officer to the effect that leave of absence for the purpose of making acomplaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying withthe provisions of sub-section (4), and any document purporting to be acertificate required by that sub-section shall, unless the contrary is proved, be
presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 376 of the
Indian Penal Code, (45 of 1860) where such offence consists of sexual intercourse by a man with his own wife, the wife being under fifteen years of age, if
more than one year has elapsed from the date of the commission of theoffence.
(7) The provisions of this section apply to the abetment of, or attempt tocommit, an offence as they apply to the offence.
199.Prosecution for defamation.(1) No Court shall take cognizance of an offence punishable under Chapter
XXI of the Indian Penal Code(45 of 1860) except upon a complaint made bysome person aggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is an
idiot or a lunatic, or is from sickness or infirmity unable to make a complaint,
or is a woman who, according to the local customs and manners, ought not tobe compelled to appear in public, some other person may, with the leave of the
Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Code, when any offence fallingunder Chapter XXI of the Indian Penal Code(45 of 1860) is alleged to havebeen committed against a person who, at the time of such commission, is the
President of India, the Vice-President of India, the Governor of a State, theAdministrator of a Union territory or a Minister of the Union or of a State or ofa Union territory, or any other public servant employed in connection with theaffairs of the Union or of a State in respect of his conduct in the discharge ofhis public functions a Court of Session may take cognizance of such offence,
without the case being committed to it, upon a complaint in writing made by
the Public Prosecutor.
(3) Every complaint referred to in sub-section (2) shall set forth the facts
which constitute the offence alleged, the nature of such offence and such otherparticulars as are reasonably sufficient to give notice to the accused of theoffence alleged to have been committed by him.
(4) No complaint under sub-section (2) shall be made by the Public Prosecutor
except with the previous sanction(a) of the State Government, in the case of a person who is or has been the
Governor of that State or a Minister of that Government;(b) of the State Government, in the case of any other public servant employedin connection with the affairs of the State;(c) of the Central Government, in any other case.

(5) No Court of Session shall take cognizance of an offence under sub-section(2) unless the complaint is made within six months from the date on which theoffence is alleged to have been committed.
(6) Nothing in this section shall affect the right of the person against whom
the offence is alleged to have been committed, to make a complaint in respectof that offence before a Magistrate having jurisdiction or the power of such
Magistrate to take cognizance of the offence upon such complaint.
CHAPTER XVCOMPLAINTS TO MAGISTRATES
200.Examination of complainant.A Magistrate taking cognizance of an offence on complaint shall examine upon
oath the complainant and the witnesses present, if any, and the substance ofsuch examination shall be reduced to writing and shall be signed by thecomplainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses(a) if a public servant acting or purporting to act in the discharge of his official
duties or a Court has made the complainant; or(b) if the Magistrate makes over the case for inquiry or trial to another
Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another
Magistrate under section 192 after examining the complainant and thewitnesses, the latter Magistrate need not re-examine them.
201.Procedure by Magistrate not competent to take cognizance ofthe case.If the complaint is made to a Magistrate who is not competent to takecognizance of the offence, he shall, –(a) if the complaint is in writing, return it for presentation to the proper Court
with an endorsement to that effect;(b) if the complaint is not in writing, direct the complainant to the proper
Court.
202.Postponement of issue of process.-(1) Any Magistrate , on receipt of a complaint of an offence of which he isauthorised to take cognizance or which has been made over to him under
section 192, may, if he thinks fit, postpone the issue of process against theaccused, and either inquire into the case himself or direct an investigation to
be made by a police officer or by such other person as he thinks fit, for the
purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made, –(a) where it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session; or(b) where the complaint has not been made by a Court, unless thecomplainant and the witnesses present (if any) have been examined on oathunder section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit,take evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is
triable exclusively by the Court of Session, he shall call upon the complainant
to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a
police officer, he shall have for that investigation all the powers conferred bythis Code on an officer in charge of a police station except the power to arrest
without warrant.
203.Dismissal of complaint.If, after considering the statements on oath (if any) of the complainant and of
the witnesses and the result of the inquiry or investigation (if any) under
section 202, the Magistrate is of opinion that there is no sufficient ground forproceeding, he shall dismiss the complaint, and in every such case he shallbriefly record his reasons for so doing.
CHAPTER XVICOMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204.Issue of process.(1) If in the opinion of a Magistrate taking cognizance of an offence there issufficient ground for proceeding, and the case appears to be –(a) a summons-case, he shall issue his summons for the attendance of theaccused, or(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, forcausing the accused to be brought or to appear at a certain time before such
Magistrate or (if he has no jurisdiction himself) some other Magistrate having
jurisdiction.
(2) No summons or warrant shall be issued against the accused under subsection (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every
summons or warrant issued under sub-section (1) shall be accompanied by acopy of such complaint.
(4) When by any law for the time being in force any process-fees or other feesare payable, no process shall be issued until the fees are paid and, if such fees
are not paid within a reasonable time, the Magistrate may dismiss thecomplaint.
(5) Nothing in this section shall be deemed to affect the provisions of section
87.
205.Magistrate may dispense with personal attendance of accused.- (1)Whenever a Magistrate issues a summons, he may, if he sees reason so to do,dispense with the personal attendance of the accused and permit him toappear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion,at any stage of the proceedings, direct the personal attendance of the accused,
and, if necessary, enforce such attendance in the manner hereinbefore
provided.
206.Special summons in cases of petty offence.(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, thecase may be summarily disposed of under section 260, the Magistrate shall,
except where he is, for reasons to be recorded in writing of a contrary opinion,
issue summons to the accused requiring him either to appear in person or bypleader before the Magistrate on a specified date, or if he desires to plead
guilty to the charge without appearing before the Magistrate, to transmit
before the specified date, by post or by messenger to the Magistrate, the said
plea in writing and the amount of fine specified in the summons or if hedesires to appear by pleader and to plead guilty to the charge through suchpleader, to authorise, in writing, the pleader to plead guilty to the charge on
his behalf and to pay the fine through such pleader:
Provided that the amount of the fine specified in such summons shall not
exceed one hundred rupees.
(2) For the purposes of this section, “petty offence” means any offence
punishable only with fine not exceeding one thousand rupees, but does notinclude any offence so punishable under the Motor Vehicles Act, 1939, (4 of1939) or under any other law which provides for convicting the accused person
in his absence on a plea of guilty.
207.Supply to the accused of copy of police report and otherdocuments.In any case where the proceeding has been instituted on a police report, theMagistrate shall without delay furnish to the accused, free of cost, a copy ofeach of the following:(I) the police report;(ii) the first information report recorded under section 154;(iii) the statements recorded under sub-section (3) of section 161 of all persons
whom the prosecution proposes to examine as its witnesses, excluding
therefrom any part in regard to which a request for such exclusion has been
made by the police officer under sub-section (6) of section 173;(iv) the confessions and statements, if any, recorded under section 164;(v) any other document or relevant extract thereof forwarded to the Magistratewith the police report under sub-section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement
as is referred to in clause (iii) and considering the reasons given by the police
officer for the request, direct that a copy of that part of the statement or ofsuch portion thereof as the Magistrate thinks proper, shall be furnished to theaccused:Provided further that if the Magistrate is satisfied that any document referred
to in clause (v) is voluminous, he shall, instead of furnishing the accused witha copy thereof, direct that he will only be allowed to inspect it either personallyor through pleader in Court.

208.Supply of copies of statements and documents to accused inother cases triable by Court of Session.Where, in a case instituted otherwise than on a police report, it appears to theMagistrate issuing process under section 204 that the offence is triable
exclusively by the Court of Session, the Magistrate shall without delay furnish
to the accused, free of cost, a copy of each of the following:(i) the statements recorded under section 200 or section 202, of all persons
examined by the Magistrate;(ii) the statements and confessions, if any, recorded under section 161 or
section 164;(iii) any documents produced before the Magistrate on which the prosecution
proposes to rely:
Provided that if the Magistrate is satisfied that any such document isvoluminous, he shall, instead of furnishing the accused with a copy thereof,
direct that he will only be allowed to inspect it either personally or throughpleader in Court.
209.Commitment of case to Court of Session when offence is triable
exclusively by it.When in a case instituted on a police report or otherwise, the accused appears
or is brought before the Magistrate and it appears to the Magistrate that theoffence is triable exclusively by the Court of Session, he shall(a) commit the case to the Court of Session;(b) subject to the provisions of this Code relating to bail, remand the accused
to custody during, and until the conclusion of, the trial;(c) send to that Court the record of the case and the documents and articles, ifany, which are to be produced in evidence;(d) notify the Public Prosecutor of the commitment of the case to the Court ofSession.
210.Procedure to be followed when there is a complaint case andpolice investigation in respect of the same offence.(1) When in a case instituted otherwise than on a police report (hereinafterreferred to as a complaint case), it is made to appear to the Magistrate, during
the course of the inquiry or trial held by him, that an investigation by thepolice is in progress in relation to the offence which is the subject-matter ofthe inquiry or trial held by him, the Magistrate shall stay the proceedings ofsuch inquiry or trial and call for a report on the matter from the police officer
conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 andon such report cognizance of any offence is taken by the Magistrate against
any person who is an accused in the complaint case, the Magistrate shallinquire into or try together the complaint case and the case arising out of thepolice report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case orif the Magistrate does not take cognizance of any offence on the police report,
he shall proceed with the inquiry or trial, which was stayed by him, in
accordance with the provisions of this Code.
CHAPTER XVIITHE CHARGE
A.- Form of charges
211.Contents of charge.(1) Every charge under this Code shall state the offence with which the accused
is charged.
(2) If the law which creates the offence gives it any specific name, the offence
may be described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, somuch of the definition of the offence must be stated as to give the accused
notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to havebeen committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every
legal condition required by law to constitute the offence charged was fulfilledin the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by
reason of such previous conviction, to enhanced punishment, or topunishment of a different kind, for a subsequent offence, and it is intended toprove such previous conviction for the purpose of affecting the punishment
which the Court may think fit to award for the subsequent offence, the fact,
date and place of the previous conviction shall be stated in the charge; and if
such statement has been omitted, the Court may add it at any time before
sentence is passed.
Illustrations(a) A is charged with the murder of B.This is equivalent to a statement that A’s
act fell within the definition of murder given in section 299 and 300 of the
Indian Penal Code(45 of 1860); that it did not fall within any of the general
exceptions of the said Code; and that it did not fall within any of the fiveexceptions to section 300, or that, if it did fall within Exception 1, one or otherof the three provisos to that exception applied to it.
(b) A is charged under section 326 of the Indian Penal Code(45 of 1860) withvoluntarily causing grievous hurt to B by means of an instrument forshooting.This is equivalent to a statement that the case was not provided forby section 335 of the said Code, and that the general exceptions did not apply
to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal
intimidation, or using a false property-mark.The charge may state that A
committed murder, or cheating, or theft, or
extortion, or adultery, or criminal intimidation, or that he used a false
property-mark, without reference to the definitions of those crime containedin the Indian Penal Code(45 of 1860); but the sections under which the offence
is punishable must, in each instance, be referred to in the charge.
(d) A is charged under section 184 of the Indian Penal Code(45 of 1860) withintentionally obstructing a sale of property offered for sale by the lawfulauthority of a public servant.The charge should be in those words.
212.Particulars as to time, place and person.(1) The charge shall contain such particulars as to the time and place of thealleged offence, and the person (if any) against whom, or the thing (if any) in
respect of which, it was committed, as are reasonably sufficient to give theaccused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient tospecify the gross sum or, as the case may be, describe the movable property inrespect of which the offence is alleged to have been committed, and the datesbetween which the offence is alleged to have been committed, without
specifying particular items or exact dates, and the charge so framed shall bedeemed to be a charge of one offence within the meaning of section 219:
Provided that the time included between the first and last of such dates shallnot exceed one year.
213.When manner of committing offence must be stated.When the nature of the case is such that the particulars mentioned in sections
211 and 212 do not give the accused sufficient notice of the matter with which
he is charged, the charge shall also contain such particulars of the manner inwhich the alleged offence was committed as will be sufficient for that purpose.
Illustrations(a) A is accused of the theft of a certain article at a certain time and place.The
charge need not set out the manner in which the theft was effected.
(b) A is accused of cheating B at a given time and place.The charge must set
out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place.The charge
must set out that portion of the evidence given by A which is alleged to befalse.
(d) A is accused of obstructing B, a public servant, in the discharge of his
public functions at a given time and place.The charge must set out the mannerin which A obstructed B in the discharge of his functions.
(e) A is accused of the murder B at a given time and place.The charge need notstate the manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B frompunishment.The charge must set out the disobedience charged and the law
infringed.
214.Words in charge taken in sense of law under which offence ispunishable.In every charge words used in describing an offence shall be deemed to havebeen used in the sense attached to them respectively by the law under whichsuch offence is punishable.
215.Effect of errors.-

No error in stating either the offence or the particulars required to be stated in
the charge, and no omission to state the offence or those particulars, shall be
regarded at any stage of the case as material, unless the accused was in fact
misled by such error or omission, and it has occasioned a failure of justice.
(a) A is charged under section 242 of the Indian Penal Code, (45 of 1860.) with“having been in possession of counterfeit coin, having known at the time when
he became possessed thereof that such coin was counterfeit”, the word
“fraudulently” being omitted in the charge.Unless it appears that A was in fact
misled by this omission, the error shall not be regarded as material.
(b) A is charged with cheating B, and the manner in which he cheated B is not
set out in the charge, or is set out incorrectly.A defends himself, calls witnesses
and gives his own account of the transaction.The Court may infer from thisthat the omission to set out the manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not
set out in the charge.There were many transactions between A and B, and A
had no means of knowing to which of them the charge referred, and offered no
defence.The Court may infer from such facts that the omission to set out themanner of the cheating was, in the case, a material error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882.In
fact, the murdered person’s name was Haidar Baksh, and the date of themurder was the 20th January, 1882.A was never charged with any murder but
one, and had heard the inquiry before the Magistrate, which referred
exclusively to the case of Haidar Baksh.The Court may infer from these facts
that A was not misled, and that the error in the charge was immaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 1882,
and Khoda Baksh (who tried to arrest him for that murder) on the 21st
January, 1882.When charged for the murder of Haidar Baksh, he was tried forthe murder of Khoda Baksh.The witnesses present in his defence were
witnesses in the case of Haidar Baksh.The Court may infer from this that A
was misled, and that the error was material.
216.Court may alter charge.(1) Any Court may alter or add to any charge at any time before judgment is
pronounced.
(2) Every such alteration or addition shall be read and explained to theaccused.

(3) If the alteration or addition to a charge is such that proceeding
immediately with the trial is not likely, in the opinion of the Court, toprejudice the accused in his defence or the prosecutor in the conduct of thecase, the Court may, in its discretion, after such alteration or addition has
been made, proceed with the trial as if the altered or added charge had been
the original charge.
(4) If the alteration or addition is such that proceeding immediately with thetrial is likely, in the opinion of the Court, to prejudice the accused or theprosecutor as aforesaid, the Court may either direct a new trial or adjourn thetrial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for theprosecution of which previous sanction is necessary, the case shall not beproceeded with until such sanction is obtained, unless sanction has been
already obtained for a prosecution on the same facts as those on which thealtered or added charge is founded.
217.Recall of witnesses when charge altered.Whenever a charge is altered or added to by the Court after thecommencement of the trial, the prosecutor and the accused shall be allowed –(a) to recall or re-summon, and examine with reference to such alteration or
addition, any witness who may have been examined, unless the Court, forreasons to be recorded in writing, considers that the prosecutor or theaccused, as the case may be, desires to recall or re-examine such witness forthe purpose of vexation or delay or for defeating the ends of justice;(b) also to call any further witness whom the Court may think to be material.
B.- Joinder of charges
218.Separate charges for distinct offences.(1) For every distinct offence of which any person is accused there shall be a
separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so
desires and the Magistrate is of opinion that such person is not likely to be
prejudiced thereby, the Magistrate may try together all or any number of thecharges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions ofsections 219, 220, 221 and 223.

Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on
another occasion.A must be separately charged and separately tried for thetheft and causing grievous hurt.
219.Three offences of same kind within year may be charged
together.(1) When a person is accused of more offences than one of the same kindcommitted within the space of twelve months from the first to the last of suchoffences, whether in respect of the same person or not, he may be charged
with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the sameamount of punishment under the same section of the Indian Penal Code or ofany special or local law:
Provided that, for the purposes of this section, an offence punishable under
section 379 of the Indian Penal Code(45 of 1860) shall be deemed to be an
offence of the same kind as an offence punishable under section 380 of thesaid Code,(45 of 1860) and that an offence punishable under any section of thesaid Code, or of any special or local law, shall be deemed to be an offence ofthe same kind as an attempt to commit such offence, when such an attempt is
an offence.
220.Trial for more than one offence.(1) If, in one series of acts so connected together as to form the sametransaction, more offences than one are committed by the same person, he
may be charged with, and tried at one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach oftrust or dishonest misappropriation of property as provided in sub-section (2)of section 212 or in sub-section (1) of section 219, is accused of committing, forthe purpose of facilitating or concealing the commission of that offence or
those offences, one or more offences of falsification of accounts, he may becharged with, and tried at one trial for, every such offence.
(3) If the acts alleged constitute an offence falling within two or more separate
definitions of any law in force for the time being by which offences are definedor punished, the person accused of them may be charged with, and tried at
one trial for, each of such offences.

(4) If several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute when combined a different offence, theperson accused of them may be charged with, and tried at one trial for theoffence constituted by such acts when combined, and for any offence
constituted by any one, or more, of such acts.
(5) Nothing contained in this section shall affect section 71 of the Indian Penal
Code(45 of 1860).
Illustrations to sub-section (1)(a) A rescues B, a person in lawful custody, and in so doing causes grievous
hurt to C, a constable in whose custody B was.A may be charged with, andconvicted of, offences under sections 225 and 333 of the Indian Penal Code(45of 1860).
(b) A commits house-breaking by day with intent to commit adultery, andcommits, in the house so entered, adultery with B’s wife.A may be separately
charged with, and convicted of, offences under sections 454 and 497 of the
Indian Penal Code (45 of 1860).
(c) A entices B, the wife of C, away from C, with intent to commit adultery withB, and then commits adultery with her.A may be separately charged with , andconvicted of, offences under sections 498 and 497 of the Indian Penal Code(45of 1860).
(d) A has in his possession several seals, knowing them to be counterfeit andintending to use them for the purpose of committing several forgeries
punishable under section 466 of the Indian Penal Code(45 of 1860).A may beseparately charged with, and convicted of, the possession of each seal under
section 473 of the Indian Penal Code.
(e) With intent to cause injury to B, A institutes a criminal proceeding against
him, knowing that there is no just or lawful ground for such proceeding, andalso falsely accuses B of having committed an offence, knowing that there is nojust or lawful ground for such charge.A may be separately charged with, andconvicted of, two offences under section 211 of the Indian Penal Code(45 of
1860).
(f) A, with intent to cause injury to B, falsely accuses him of having committed
an offence, knowing that there is no just or lawful ground for such charge.On
the trial, A gives false evidence against B, intending thereby to cause B to beconvicted of a capital offence.A may be separately charged with, and convictedof, offences under sections 211 and 194 of the Indian Penal Code(45 of 1860).
(g) A, with six others, commits the offences of rioting, grievous hurt andassaulting a public servant endeavouring in the discharge of his duty as suchto suppress the riot.A may be separately charged with, and convicted ofoffences under sections 147, 325 and 152 of the Indian Penal Code(45 of
1860).
(h) A threatens B, C and D at the same time with injury to their persons withintent to cause alarm to them.A may be separately charged with, and convictedof, each of the three offences under section 506 of the Indian Penal Code (45of 1860).
The separate charges referred to in Illustrations (a) to (h), respectively, may be
tried at the same time.
(I) Where it is doubtful what offence has been committed.- A wrongfully
strikes B with a cane.A may be separately charged with and convicted of,offences under sections 352 and 323 of the Indian Penal Code (45 of 1860).
(j) Several stolen sacks of corn are made over to A and B, who knew they arestolen property, for the purpose of concealing them.A and B thereupon
voluntarily assist each other to conceal the sacks at the bottom of a grain-pit.A
and B may be separately charged with, and convicted of, offences under
sections 41 and 414 of the Indian Penal Code (45 of 1860).
(k) A exposes her child with the knowledge that she is thereby likely to cause
its death.The child dies in consequence of such exposure.A may be separately
charged with and convicted of, offences under sections 317 and 304 of the
Indian Penal Code (45 of 1860).
(l) A dishonestly uses a forged document as genuine evidence, in order toconvict B, a public servant, of an offence under section 167 of the Indian Penal
Code(45 of 1860).A may be separately charged with, and convicted of, offences
under sections 471 (read with section 466) and 196 of that Code.
Illustration to sub-section (4)(m) A commits robbery on B, and in doing so voluntarily causes hurt to him.A
may be separately charged with, and convicted of, offences under sections 323,
392 and 394 of the Indian Penal Code (45 of 1860).

221.(1) If a single act or series of acts is of such a nature that it is doubtfulwhich of several offences the facts which can be proved will constitute, theaccused may be charged with having committed all or any of such offences ,and any number of such charges may be tried at once; or he may be charged in
the alternative with having committed some one of the said offences.
(2) If in such a case the accused is charged with one offence, and it appears inevidence that he committed a different offence for which he might have been
charged under the provisions of sub-section (1), he may be convicted of theoffence which he is shown to have committed, although he was not charged
with it.
Illustrations(a) A is accused of an act which may amount to theft, or receiving stolen
property, or criminal breach of trust or cheating.He may be charged with theft,receiving stolen property, criminal breach of trust and cheating, or he may becharged with having committed theft, or receiving stolen property, or criminal
breach of trust or cheating.
(b) In the case mentioned, A is only charged with theft.It appears that hecommitted the offence of criminal breach of trust, or that of receiving stolen
goods.He may be convicted of criminal breach of trust or of receiving stolen
goods (as the case may be), though he was not charged with such offence.
(c) A states on oath before the Magistrate that he saw B hit C with aclub.Before the Sessions Court A states on oath that B never hit C.A may becharged in the alternative and convicted ofintentionally giving false evidence, although it cannot be proved which ofthese contradictory statements was false.
222.When offence proved included in offence charged.1) When a person is charged with an offence consisting of several particulars, acombination of some only of which constitutes a complete minor offence, andsuch combination is proved, but the remaining particulars are not proved, hemay be convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which
reduce it to a minor offence, he may be convicted of the minor offence,
although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an
attempt to commit such offence although the attempt is not separately
charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any
minor offence where the conditions requisite for the initiation of proceedings
in respect of that minor offence have not been satisfied.
Illustrations(a) A is charged, under section 407 of the Indian Penal Code, (45 of 1860) withcriminal breach of trust in respect of property entrusted to him as a carrier.It
appears, that he did commit criminal breach of trust under section 406 of that
Code in respect of the property, but that it was not entrusted to him as acarrier.He may be convicted of criminal breach of trust under the said section
406.
(b) A is charged, under section 325 of the Indian Penal Code, with causing
grievous hurt.He proves that he acted on grave and sudden provocation.he
may be convicted under section 335 of that Code (45 of 1860).
223.What persons may be charged jointly.The following persons may be charged and tried together, namely:(a) persons accused of the same offence committed in the course of the sametransaction;(b) persons accused of an offence and persons accused of abetment of, orattempt to commit, such offence;(c) persons accused of more than one offence of the same kind, within themeaning of section 219 committed by them jointly within the period of twelve
months;(d) persons accused of different offences committed in the course of the sametransaction;(e) persons accused of an offence which includes theft, extortion, cheating, or
criminal misappropriation, and persons accused of receiving or retaining, or
assisting in the disposal or concealment of, property possession of which isalleged to have been transferred by any such offence committed by the firstnamed persons, or of abetment of or attempting to commit any such lastnamed offence;(f) persons accused of offences under sections 411 and 414 of the Indian Penal
Code(45 of 1860) or either of those sections in respect of stolen property thepossession of which has been transferred by one offence;(g) Persons accused of any offence under Chapter XII of the Indian Penal
Code(45 of1860) relating to counterfeit coin and persons accused of any otheroffence under the said Chapter relating to the same coin, or of abetment of or
attempting to commit any such offence; and the provisions contained in theformer part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences
and such persons do not fall within any of the categories specified in thissection, the Magistrate may, if such persons by an application in writing, so
desire, and if he is satisfied that such persons would not be prejudiciallyaffected thereby, and it is expedient so to do, try all such persons together.
224.Withdrawal of remaining charges on conviction on one ofseveral charges.When a charge containing more heads than one is framed against the same
person, and when a conviction has been had on one or more of them, thecomplainant, or the officer conducting the prosecution, may, with the consent
of the Court, withdraw the remaining charge or charges, or the Court of its
own accord may stay the inquiry into, or trial of, such charge or charges andsuch withdrawal shall have the effect of an acquittal on such charge or
charges, unless the conviction be set aside, in which case the said Court(subject to the order of the Court setting aside the conviction) may proceedwith the inquiry into, or trial of, the charge of charges so withdrawn.
CHAPTER XVIII
TRIAL BEFORE A COURT OF SESSION
225.Trial to be conducted by Public Prosecutor.In every trial before a Court of Session, the prosecution shall be conducted bya Public Prosecutor.
226.Opening case for prosecution.- When the accused appears or is brought
before the Court in pursuance of a commitment of the case under section 209,
the prosecutor shall open his case by describing the charge brought against theaccused and stating by what evidence he proposes to prove the guilt of theaccused.
227.Discharge.If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and theprosecution in this behalf, the Judge considers that there is not sufficientground for proceeding against the accused, he shall discharge the accused andrecord his reasons for so doing.
228.Framing of charge.(1) If, after such consideration and hearing as aforesaid, the Judge, is of
opinion that there is ground for presuming that the accused has committed an
offence which –(a) is not exclusively triable by the Court of Session, he may, frame a charge
against the accused and, by order, transfer the case for trial to the Chief
Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try theoffence in accordance with the procedure for the trial of warrant-cases
instituted on a police report;(b) is exclusively triable by the Court, he shall frame in writing a charge
against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), thecharge shall be read and explained to the accused and the accused shall be
asked whether he pleads guilty of the offence charged or claims to be tried.
229.Conviction on plea of guilty.If the accused pleads guilty, the Judge shall record the plea and may, in his
discretion, convict him thereon.
230.Date for prosecution evidence.If the accused refuses to plead, or does not plead, or claims to be tried or is notconvicted under section 229, the Judge shall fix a date for the examination of
witnesses, and may, on the application of the prosecution, issue any process
for compelling the attendance of any witness or the production of any
document or other thing.
231.Evidence for prosecution.(1) On the date so fixed, the Judge shall proceed to take all such evidence as
may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any
witness to be deferred until any other witness or witnesses have been
examined or recall any witness for further cross-examination.
232.Acquittal.If, after taking the evidence for the prosecution, examining the accused andhearing the prosecution and the defence on the point, the Judge considers that

there is no evidence that the accused committed the offence, the Judge shallrecord an order of acquittal.
233.Entering upon defence.(1) Where the accused is not acquitted under section 232, he shall be called
upon to enter on his defence and adduce any evidence he may have in support
thereof.
(2) If the accused puts in any written statement, the Judge shall file it with therecord.
(3) If the accused applies for the issue of any process for compelling theattendance of any witness or the production of any document or thing, theJudge shall issue such process unless he considers, for reasons to be recorded,that such application should be refused on the ground that it is made for the
purpose of vexation or delay or for defeating the ends of justice.
234.Arguments.When the examination of the witnesses (if any) for the defence is complete,
the prosecutor shall sum up his case and the accused or his pleader shall beentitled to reply:
Provided that where any point of law is raised by the accused or his pleader,the prosecution may, with the permission of the Judge, make his submissions
with regard to such point of law.
235.Judgment of acquittal of conviction.(1) After hearing arguments and points of law (if any), the Judge shall give a
judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds inaccordance with the provisions of section 360, hear the accused on thequestions of sentence, and then pass sentence on him according to law.
236.Previous conviction.In a case where a previous conviction is charged under the provisions of subsection (7) of section 211, and the accused does not admit that he has beenpreviously convicted as alleged in the charge, the Judge may, after he has
convicted the said accused under section 229 or section 235, take evidence inrespect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall theaccused be asked to plead thereto nor shall the previous conviction be referredto by the prosecution or in any evidence adduced by it, unless and until theaccused has been convicted under section 229 or section 235.
237.Procedure in cases instituted under section 199(2).(1) A Court of Session taking cognizance of an offence under sub-section (2) ofsection 199 shall try the case in accordance with the procedure for the trial of
warrant-cases instituted otherwise than on a police report before a Court ofMagistrate:
Provided that the person against whom the offence is alleged to have beencommitted shall, unless the Court of Session, for reasons to be recorded,
otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto
so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of theaccused and is of opinion that there was no reasonable cause for making theaccusation against them or any of them, it may, by its order of discharge or
acquittal, direct the person against whom the offence was alleged to have beencommitted (other than the President, Vice-President or the Governor of aState or the Administrator of a Union territory) to show cause why he should
not pay compensation to such accused or to each or any of such accused, when
there are more than one.
(4) The Court shall record and consider any cause which may be shown by the
person so directed, and if it is satisfied that there was no reasonable cause formaking the accusation, it may, for reasons to be recorded , make an order thatcompensation to such amount not exceeding one thousand rupees, as it may
determine, be paid by such person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if itwere a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section(4) shall, by reason of such order, be exempted from any civil or criminal
liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shallbe taken into account in awarding compensation to such person in any
subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay
compensation may appeal from the order, in so far as it relates to the paymentof compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is
made, the compensation shall not be paid to him before the period allowed forthe presentation of the appeal has elapsed, or, if an appeal is presented, before
the appeal has been decided.
CHAPTER XIX
TRIAL OF WARRANT-CASES BY MAGISTRATES
A.- Cases instituted on a police report
238.Compliance with section 207.When, in any warrant-case instituted on a police report, the accused appears
or is brought before a Magistrate at the commencement of the trial, theMagistrate shall satisfy himself that he has complied with the provisions ofsection 207.
239.When accused shall be discharged.If, upon considering the police report and the documents sent with it under
section 173 and making such examination, if any, of the accused as theMagistrate thinks necessary and after giving the prosecution and the accused
an opportunity of being heard, the Magistrate considers the charge against theaccused to be groundless, he shall discharge the accused, and record his
reasons for so doing.
240.Framing of charge(1) If, upon such consideration, examination, if any, and hearing, theMagistrate is of opinion that there is ground for presuming that the accusedhas committed an offence triable under this Chapter, which such Magistrate iscompetent to try and which, in his opinion, could be adequately punished byhim, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be
asked whether he pleads guilty of the offence charged or claims to be tried.
241.Conviction on plea of guilty.If the accused pleads guilty, the Magistrate shall record the plea and may, in
his discretion, convict him thereon.
242.Evidence for prosecution.-(1) If the accused refuses to plead or does not plead, or claims to be tried or theMagistrate does not convict the accused under section 241, the Magistrateshall fix a date for the examination of witnesses.
(2) The Magistrate may, on the application of the prosecution, issue a
summons to any of its witnesses directing him to attend or to produce any
document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence
as may be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness
to be deferred until any other witness or witnesses have been examined orrecall any witness for further cross-examination.
243.Evidence for defence.(1) The accused shall then be called upon to enter upon his defence andproduce his evidence; and if the accused puts in any written statement, theMagistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to theMagistrate to issue any process for compelling the attendance of any witness
for the purpose of examination or cross-examination, or the production of any
document or other thing, the Magistrate shall issue such process unless heconsiders that such application should be refused on the ground that it ismade for the purpose of vexation or delay or for defeating the ends of justiceand such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity ofcross-examining any witness before entering on his defence, the attendance ofsuch witness shall not be compelled under this section, unless the Magistrateis satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application
under sub-section (2), require that the reasonable incurred by the witness inattending for the purposes of the trial be deposited in Court.
B.- Cases instituted otherwise than on police report
244.Evidence for prosecution.(1) When, in any warrant-case instituted otherwise than on a police report, theaccused appears or is brought before a Magistrate, the Magistrate shallproceed to hear the prosecution and take all such evidence as may be
produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a
summons to any of its witnesses directing him to attend or to produce any
document or other thing.
245.When accused shall be discharged.(1) If, upon taking all the evidence referred to in section 244, the Magistrateconsiders, for reasons to be recorded, that no case against the accused has
been made out which, if unrebutted, would warrant his conviction, theMagistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate fromdischarging the accused at any previous stage of the case if, for reasons to berecorded by such Magistrate, he considers the charge to be groundless.
246.Procedure where accused is not discharged.
– (1) If, when such evidence has been taken, or at any previous stage of thecase, the Magistrate is of opinion that there is ground for presuming that theaccused has committed an offence triable under this Chapter, which such
Magistrate is competent to try and which, in his opinion, could be adequately
punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be
asked whether he pleads guilty or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may,in his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if
the accused is not convicted under sub-section (3), he shall be required tostate, at the commencement of the next hearing of the case, or, if theMagistrate for reasons to be recorded in writing so thinks fit, forthwith,whether he wishes to cross-examine any, and, if so, which, of the witnesses forthe prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled
and, after cross-examination and re-examination (if any), they shall bedischarged.
(6) The evidence of any remaining witnesses for the prosecution shall next betaken, and after cross-examination and re-examination (if any), they shall also
be discharged.
247.Evidence for defence.-

The accused shall then be called upon to enter upon his defence and produce
his evidence; and the provisions of section 243 shall apply to the case.
C.- Conclusion of trial
248.Acquittal or conviction.(1) If, in any case under this Chapter in which a charge has been framed, theMagistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused
guilty, but does not proceed in accordance with the provisions of section 325
or section 360, he shall, after hearing the accused on the question of sentence,pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged
under the provisions of sub-section (7) of section 211 and the accused does not
admit that he has been previously convicted as alleged in the charge, theMagistrate may, after he has convicted the said accused, take evidence inrespect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate no shall theaccused be asked to plead thereto no shall the previous conviction be referred
to by the prosecution or in any evidence adduced by it, unless and until theaccused has been convicted under sub-section (2).
249.Absence of complainant.When the proceedings have been instituted upon complaint, and on any day
fixed for the hearing of the case, the complainant is absent, and the offence
may be lawfully compounded or is not a cognizable offence, the Magistrate
may, in his discretion, notwithstanding anything hereinbefore contained, at
any time before the charge has been framed, discharge the accused.
250.Compensation for accusation without reasonable cause.(1) If, in any case instituted upon complaint or upon information given to apolice officer or to a Magistrate, one or more persons is or are accused before a
Magistrate of any offence triable by a Magistrate, and the Magistrate by whom
the case is heard discharges or acquits all or any of the accused, and is of
opinion that there was no reasonable ground for making the accusation
against them or any of them, the Magistrate may, by his order of discharge or
acquittal, if the person upon whose complaint or information the accusation
was made is present, call upon him forthwith to show cause why he should not
pay compensation to such accused or to each or any of such accused whenthere are more than one; or, if such person is not present, direct the issue of asummons to him to appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which suchcomplainant or informant may show, and if he is satisfied that there was no
reasonable ground for making the accusation, may, for reasons to be recorded,
make an order that compensation to such amount, not exceeding the amountof fine he is empowered to impose, as he may determine, be paid by suchcomplainant or informant to the accused or to each or any of them.
(3) The Magistrate may, by the order directing payment of the compensation
under sub-section (2), further order that, in default of payment, the personordered to pay such compensation shall undergo simple imprisonment for aperiod not exceeding thirty days.
(4) When any person is imprisoned under sub-section (3), the provisions ofsections 68 and 69 of the Indian Penal Code shall, so far as may be, apply.
(5) No person who has been directed to pay compensation under this section
shall, by reason of such order, be exempted from any civil or criminal liability
in respect of the complaint made or information given by him:
Provided that any amount paid to an accused person under this section shallbe taken into account in awarding compensation to such person in any
subsequent civil suit relating to the same matter.
(6) A complainant or informant who has been ordered under sub-section (2)by a Magistrate of the second class to pay compensation exceeding one
hundred rupees, may appeal from the order, as if such complainant or
informant had been convicted on a trial held by such Magistrate.
(7) When an order for payment of compensation to an accused person is madein a case which is subject to appeal under sub-section (6), the compensation
shall not be paid to him before the period allowed for the presentation of theappeal has elapsed, or, if an appeal is presented, before the appeal has been
decided; and where such order is made in a case which is not so subject toappeal the compensation shall not be paid before the expiration of one monthfrom the date of the order.
(8) The provisions of this section apply to summons-cases as well as towarrant-cases.
CHAPTER XXTRIAL OF SUMMONS-CASES BY MAGISTRATES
251.Substance of accusation to be stated.When in a summons-case the accused appears or is brought before theMagistrate, the particulars of the offence of which he is accused shall be statedto him, and he shall be asked whether he pleads guilty or has any defence tomake, but it shall not be necessary to frame a formal charge.
252.Conviction on plea of guilty.
– If the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the words used by the accused and may, in his discretion, convict
him thereon.
253.Conviction on plea of guilty in absence of accused in petty
cases.(1) Where a summons has been issued under section 206 and the accuseddesires to plead guilty to the charge without appearing before the Magistrate,
he shall transmit to the Magistrate, by post or by messenger, a lettercontaining his plea and also the amount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence,on his plea of guilty and sentence him to pay the fine specified in thesummons, and the amount transmitted by the accused shall be adjusted
towards that fine, or where a pleader authorised by the accused in this behalf
pleads guilty on behalf of the accused, the Magistrate shall record the plea asnearly as possible in the words used by the pleader and may, in his discretion,
convict the accused on such plea and sentence him as aforesaid.
254.Procedure when not convicted.(1) If the Magistrate does not convict the accused under section 252 or section
253, the Magistrate shall proceed to hear the prosecution and take all such
evidence as may be produced in support of the prosecution, and also to hear
the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution
or the accused, issue a summons to any witness directing him to attend or to
produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application,require that the reasonable expenses of the witness incurred in attending forthe purposes of the trial be deposited in Court.
255.Acquittal or conviction.-(1) If the Magistrate, upon taking the evidence referred to in section 254 andsuch further evidence, if any, as he may, of his own motion, cause to be
produced, finds the accused not guilty, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisionsof section 325 or section 360, he shall, if he finds the accused guilty, passsentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the accused ofany offence triable under this Chapter, which from the facts admitted orproved he appears to have committed, whatever may be the nature of thecomplaint or summons, if the Magistrate is satisfied that the accused would
not be prejudiced thereby.
256.Non-appearance or death of complainant.(1) If the summons has been issued on complaint, and on the day appointed
for the appearance of the accused, or any day subsequent thereto to which thehearing may be adjourned, the complainant does not appear, the Magistrateshall, notwithstanding anything hereinbefore contained, acquit the accused,
unless for some reason he thinks it proper to adjourn the hearing of the case tosome other day:
Provided that where the complainant is represented by a pleader or by theofficer conducting the prosecution or where the Magistrate is of opinion thatthe personal attendance of the complainant is not necessary, the Magistrate
may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases
where the non-appearance of the complainant is due to his death.
257.Withdrawal of complaint.If a complainant, at any time before a final order is passed in any case under
this Chapter, satisfies the Magistrate that there are sufficient grounds for
permitting him to withdraw his complaint against the accused, or if there be
more than one accused, against all or any of them, the Magistrate may permit
him to withdraw the same, and shall thereupon acquit the accused against
whom the complaint is so withdrawn.
258.Power to stop proceedings in certain cases.In any summons-case instituted otherwise than upon complaint, a Magistrateof the first class or, with the previous sanction of the Chief Judicial Magistrate,
any other Judicial Magistrate, may, for reasons to be recorded by him, stop theproceedings at any stage without pronouncing any judgment and where suchstoppage of proceedings is made after the evidence of the principal witnesses
has been recorded, pronounce a judgment of acquittal, and in any other case,release the accused, and such release shall have the effect of discharge.
259.Power of Court to convert summons-cases into warrant-cases.When in the course of the trial of a summons-case relating to an offence
punishable with imprisonment for a term exceeding six months, it appears to
the Magistrate that in the interests of justice, the offence should be tried inaccordance with the procedure for the trial of warrant-cases, such Magistrate
may proceed to re-hear the case in the manner provided by this Code for thetrial of warrant-cases and may re-call any witness who may have been
examined.
CHAPTER XXISUMMARY TRIALS
260.Power to try summarily.(1) Notwithstanding anything contained in this Code(a) any Chief Judicial Magistrate;(b) any Metropolitan Magistrate;(c) any Magistrate of the first class specially empowered in this behalf by theHigh Court,
may, if he thinks fit, try in a summary way all or any of the following offences:(I) offences not punishable with death, imprisonment for life or imprisonment
for a term exceeding two years;(ii) theft, under section 379, section 380 or section 381 of the Indian Penal
Code, (45 of 1860) where the value of the property stolen does not exceed two
hundred rupees;(iii) receiving or retaining stolen property, under section 411 of the Indian
Penal Code, (45 of 1860) where the value of the property does not exceed two
hundred rupees;(iv) assisting in the concealment or disposal of stolen property, under section
414 of the Indian Penal Code, (45 of 1860) where the value of such property
does not exceed two hundred rupees;

(v) offences under sections 454 and 456 of the Indian Penal Code(45 of 1860);(vi) insult with intent to provoke a breach of the peace, under section 504, andcriminal intimidation, under section 506 of the Indian Penal Code(45 of
1860);(vii) abetment of any of the foregoing offences;(viii) an attempt to commit any of the foregoing offences, when such attempt
is an offence;(ix) any offence constituted by an act in respect of which a complaint may bemade under section 20 of the Cattle-trespass Act, 1871(1 of 1871).
(2) When, in the course of a summary trial it appears to the Magistrate thatthe nature of the case is such that it is undesirable to try it summarily, theMagistrate shall recall any witnesses who may have been examined andproceed to re-hear the case in the manner provided by this Code.
261.Summary trial by Magistrate of the second class.The High Court may confer on any Magistrate invested with the powers of a
Magistrate of the second class power to try summarily any offence which ispunishable only with fine or with imprisonment for a term not exceeding six
months with or without fine, and any abetment of or attempt to commit any
such offence.
262.Procedure for summary trials.(1) In trials under this Chapter, the procedure specified in this Code for thetrial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall bepassed in the case of any conviction under this Chapter.
263.Record in summary trials.In every case tried summarily, the Magistrate shall enter, in such form as theState Government may direct, the following particulars, namely:(a) the serial number of the case:(b) the date of the commission of the offence;(c) the date of the report or complaint;(d) the name of the complainant (if any);(e) the name, parentage and residence of the accused;(f) the offence complained of and the offence (if any) proved, and in cases
coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section
260, the value of the property in respect of which the offence has beencommitted;(g) the plea of the accused and his examination (if any);(h) the finding;(i) the sentence or other final order(j) the date on which proceedings terminated.
264.Judgment in cases tried summarily.In every case tried summarily in which the accused does not plead guilty, theMagistrate shall record the substance of the evidence and a judgment
containing a brief statement of the reasons for the finding.
265.Language of record and judgment.(1) Every such record and judgment shall be written in the language of the
Court.
(2) The High Court may authorise any Magistrate empowered to try offencessummarily to prepare the aforesaid record or judgment or both by means of an
officer appointed in this behalf by the Chief Judicial Magistrate, and therecord or judgment so prepared shall be signed by such Magistrate
CHAPTER XXII : ATTENDANCE OF PERSONS CONFINED OR
DETAINED IN PRISONS
266. Definition :- In this chapter-,(a) “detained” includes detained under any law providing for preventive
detention;(b) ‘prison ” includes –(i) any place which has been declared by the Government, by general or
special order, a subsidiary jail;(ii) any reformatory, Borstal institution or institution of a like nature.

267. Power to require attendance of prisoner:-(1) Whenever, in thecourse of an inquiry, trial or proceeding under this Code, it appears to a
Criminal Court,(a) that a person confined or detained in a prison should be brought before the
Court for answer to a charge of an offence, or for the purpose any proceedings
against him, or(b) that it is necessary for the ends of justice to examine such person as awitness,
the Court may make an order requiring the officer in charge of the prison to
produce such person before the Court answering to the charge or for the
purpose of such proceed or, as the case may be, for giving evidence.
(2) Where an order under sub-section (1) is made by a Magistrate of thesecond class, it shall not be forwarded to, or acted upon by, the officer incharge of the prison unless it is countersigned by the Chief Judicial
Magistrate, to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section (2) shall beaccompanied by astatement of the facts which, in the opinion of theMagistrate, render the order necessary, and the Chief Judicial Magistrate towhom it is submitted may, after considering such statement, decline tocountersign the order.
268. Power of State Government to exclude certain persons fromoperation of Section 267 -(1) The State Government may, at any time,
having regard to the matter specified in sub-section (2), by general or special
order, direct that any person or class of persons shall not be removed from theprison in which he or they may be confined or detained, and thereupon, solong as the order remains in force, no order made under Section 267, whether
before or after the order of the State Government, shall have effect in respectof such person or class of persons.
(2) Before making an order under sub-section (1), the State Government shallhave regard to the following matters, namely :–(a) the nature of the offence for which, or the grounds on which, the person orclass of persons has been ordered to be confined or detained in prison;(b) the likelihood of the disturbance of public order if the person or class of
persons is allowed to be removed from the prison;(c) the public interest, generally.

269. Officer in charge of prison to abstain from carrying out orderin certain contingencies :- Where the person in respect of whom an orderis made under Section 267 –(a) is by reason of sickness or infirmity unfit to be removed from the prison; or(b) is under committalfor trial or under remand pending trial or pending apreliminary investigation; or(c) is in custody for a period which would expire before the expiration of thetime required for complying with the order and for taking him back to theprison in which he is confined or detained; or(d) is a person to whom an order made by the State Government under
Section 268 applies,
the officer in charge of the prison shall abstain from carrying out the Court’sorder and shall send to the Court a statement of reasons for so abstaining:
Provided that where the attendance of such person required for giving
evidence at a place not more than twenty five kilometres distant from theprison, the officer in charge of the prison shall not so abstain for the reason
mentioned in Clause (b).
270. Prisoner to be brought to Court in custody:- Subject to theprovisions of Section 269, the offices. charge of the prison shall, upon deliveryof an order m under sub-section (1) of Section 267 and duly countersign where
necessary, under sub-section (2) thereof, cause the person named in the order
to be taken to the Court in which his attendance is required, so as to bepresent there at the time mentioned in the order, and shall cause him to be
kept in custody in or near the Court until he has been examined or until the
Court authorises him to be taken back to the prison in which he was confinedor detained.
271. Power to issue commission for examination of witness inprison :- The provisions of this Chapter shall be without prejudice to thepower of the Court to issue, under Section 284, a commission for theexamination, as witness, of any person confined or detained in a prison; an theprovisions of Part B of Chapter XXIII shall apply in relation to theexamination on commission of any such person in the prison as they apply in
relation to the examination on commission of any other person.
CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS
A – Mode of Taking and Recording Evidence272. Language of Courts :- The State Government may determine whatshall be, for purposes of this Code, the language of each Court within the Stateother than the High Court.
273. Evidence to be taken in presence of accused:- Except as otherwise
expressly provided, all evidence taken in the course of the trial or otherproceeding shall be taken in the presence of the accused, or, when his personal
attendance is dispensed with, in presence of his pleader.
Explanation – In this Section, “accused” includes a person in relation towhom any proceeding under Chapter VIII has been commenced under thisCode.
274. Record in summons-cases and inquiries:-(1) In all summons-cases
tried before a Magistrate, in all inquiries under Sections 145 to 148 (bothinclusive), and in all proceedings under Section 446 otherwise than in thecourse of a trial, the Magistrate shall, as the examination of each witness
proceeds, make a memorandum of the substance of his evidence in thelanguage of the Court:
Provided that if the Magistrate is unable to make such memorandum himself,
he shall, after recording the reason of his inability, cause such memorandum
to be made in writing or from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form partof the record.
275. Record in warrant-cases:-(1) In all warrant-cases tried before a
Magistrate, the evidence of each witness shall, as his examination proceeds, betaken down in writing either by the Magistrate himself or by his dictation inopen Court or, where he is unable to do so owing to a physical or otherincapacity, under his direction and superintendence, by an officer of the Court
appointed by him in this behalf.
(2) Where the Magistrate causes the evidence to he taken down, he shallrecord a certificate that the evidence could not be taken down by himself for
the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative;
but the Magistrate may, in his discretion take down or cause to be taken down,
any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shallform part of the record.
276. Record in trial before Court of Session:-(1) In all trials before a
Court of Session, the evidence of each witness shall, as his examination

proceeds, be taken down in writing either by the presiding Judge himself or byhis dictation in open Court, or under his direction and superintendence, by an
officer of the Court appointed by him in this behalf.
(2) Such evidence shall ordinarily be taken down in the form of a narrative,
but the presiding Judge may, in his discretion, take down, or cause to be taken
down, any part of such evidence in the form of question and answer.
(3) The evidence so taken down shall be signed by the presiding Judge andshall form part of the record.
277. Language of record of evidence:- In every case where evidence istaken down under Sections 275 and 276:(a) if the witness gives evidence in the language of the Court, it shall be taken
down in that language;(b) if he gives evidence in any other language, it may, if practicable, be taken
down in that language, and if it is not practicable to do so, a true translation of
the evidence in the language of the Court shall be prepared as the examinationof the witness proceeds, signed by the Magistrate or presiding Judge, and shallform part of the record;(c) where under Clause (b) evidence is taken down in a language other thanthe language of the Court, a true transaction thereof in the language of the
Court shall be prepared as soon as practicable, signed by the Magistrate orpresiding Judge, and shall form part of the record:
Provided that when under clause (b) evidence is taken down in English and atranslation thereof in the language of the Court is not required by any of theparties, the Court maydispense with such translation.
278. Procedure in regard to such evidence when completed.–(1)Asthe evidence of each witness taken under Section 275 or Section 276 iscompleted, it shall be read over to him in the presence of the accused, if in
attendance, or of his pleader, if he appears by pleader, and shall, if necessary,be corrected.
(2) If the witness denies the correctness of any part of the evidence when thesame is read over to him, the Magistrate or presiding Judge may, instead ofcorrecting the evidence, make a memorandum thereon of the objection madeto it by the witness, and shall add such remarks as he thinks necessary.
(3) If the record of the evidence is in a language different from that in which it
has been given and the witness does not understand that language, the record

shall be interpreted to him in the language in which it was given, orin a language which he understands.
279. Interpretation of evidence to accused or his pleader :(1) Whenever any evidence is given in a language not understood by theaccused, and he is present in Court in person, it shall be interpreted to him inopen Court in a language understood by him.
(2) If he appears by pleader and the evidence is given in a language other thanthe language of the Court, and not understood by the pleader, it shall beinterpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it shall be in thediscretion of the Court to interpret as much thereof as appears necessary.
280. Remarks respecting demeanour of witness:-When a presiding
Judge or Magistrate has recorded the evidence of a witness, he shall also
record such remarks (if any) as he thinks material respecting the demeanourof such witness whilst under examination.
281. Record of examination of accused :–(1) Whenever the accused is
examined by a Metropolitan Magistrate, the Magistrate shall make amemorandum of the substance of the examination of the accused in thelanguage of the Court and such memorandum shall be signed by theMagistrate and shall form part of the record.
(2) Whenever the accused is examined by any Magistrate other than a
Metropolitan Magistrate, or by a Court of Session, the whole of suchexamination, including every question put to him and every answer given byhim, shall be recorded in full by the presiding Judge or Magistrate himself or
where he is unable to do so owing to a physical or other incapacity, under his
direction and superintendence by an officer of the Court appointed by him in
this behalf.
(3) The record shall, if practicable, be in the language in which the accused is
examined, or if that is not practicable, in the language of the Court.
(4) The record shall be shown or read to the accused, or, if he does notunderstand the language in which it is written, shall be interpreted to him in alanguage which he understands, and he shall be at liberty to explain or add to
his answers.
(5) It shall thereafter be signed by the accused and by the Magistrate orpresiding Judge, who shall certify under his own hand that the examination
was taken in his presence and hearing and that the record contains a full andtrue account of the statement made by the accused.

(6) Nothing in this section shall be deemed to apply to the examination of an
accused person in the course of a summary trial.
282. Interpreter to be bound to interpret truthfully:- When theservices of an interpreter are required by any Criminal Court for theinterpretation of any evidence or statement, he shall be bound to state the true
interpretation of such evidence or statement.
283. Record in High Court:- Every High Court may, by general rule,prescribe the manner in which the evidence of witnesses and the examinationof the accused shall be taken down in cases coming before it, and such
evidence and examination shall be taken down in accordance with such rule.
284. When attendance of witness may be dispensed with andcommission issued :-(1)Whenever, in the course of any inquiry, trial orother proceeding under this Code, it appears to a Court or Magistrate that theexamination of a witness is necessary for the ends of justice, and that theattendance of such witness cannot be procured without an amount of delay,
expense or inconvenience which, under the circumstances of the case, would
be unreasonable, the Court or Magistrate may dispense with such attendance
and may issue a commission for the examination of the witness in accordancewith the provisions of this Chapter:
Provided that where the examination of the President or the Vice-President ofIndia or the Governor of a State; or the Administrator of a Union Territory as
a witness is necessary for the ends of Justice, a commission shall be issued forthe examination of such a witness.
(2) The Court may, when issuing a commission for, the examination of awitness for the prosecution, direct that such amount as the Court considers
reasonable to meet the expenses of the accused, including the pleader’s fees,
be paid by the prosecution.
B – Commissions for Examination of Witnesses
285. Commission to whom to be issued :-(1) If witness is within the
territories to which this Code extend the commission shall be directed to theChief Metropolitan Magistrate or the Chief Judicial Magistrate, as the casemay be, within whose local jurisdiction the witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Code does
not extend, the commission, shall be directed to such Court or officer as theCentral Government may, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements havebeen made by the Central Government with the Government of such country

or place for taking the evidence of witnesses in relation to criminal matters,
the commission shall be issued in such form, directed to such Court or officer,
and sent to such authority for transmission as the Central Government may,by notification, prescribed in this behalf.
286. Execution of commissions :- Upon receipt of the Commission, theChief Metropolitan Magistrate, or Chief Judicial Magistrate, or such
Metropolitan or Judicial Magistrate as he may appoint in this behalf, shallsummon the witness before him or proceed to the place where the witness is,and shall take down his evidence in the same manner, and may for thispurpose exercise the same powers, as in trials or warrant cases under thisCode.
287. Parties may examine witnesses :-(1) The parties to any proceedingunder this Code in which a commission is issued may respectively forward any
interrogatories in writing which the Court or Magistrate directing thecommission may think relevant to the issue, and it shall be lawful for theMagistrate, Court or officer to whom the commission, is directed, or to whom
the duty of executing it is delegated, to examine the witness upon suchinterrogatories.
(2) Any such party may appear before such magistrate, Court or Officer byPleader, or if not in custody, in person, and may examine, cross-examine andre-examine (as the case may be) the said witness.
288. Return of Commission:- (1) After any commission issued under
Section 284 has been duly executed, it shall be returned, together with thedeposition of the witness examined thereunder, to the Court or Magistrateissuing the commission, and the commission, the return thereto and thedeposition shall be open at all reasonable times to inspection of the parties,
and may, subject to all just exceptions, be read in evidence in the case byeither party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by Section
33 of the Indian Evidence Act,, 1872 (1 of 1872), may also be received inevidence at any subsequent stage of the case before another Court.
289. Adjournment of proceeding:- In every case in which a commission isissued under Section 284, the inquiry, trial or other proceeding may be
adjourned for a specified time reasonably sufficient for the execution andreturn of the commission.
290. Execution of foreign commissions:- (1) The Provisions of Section
286 and so much of Section 287 and Section 288 as relate to the execution of acommission and its return shall apply in respect of commissions issued by anyof the Courts, Judges or Magistrates hereinafter mentioned as they apply tocommissions issued under Section 284.
(2) The Courts, Judges and Magistrates referred to in sub-section (1) are(a) any such Court, Judge or Magistrate exercising jurisdiction within an area
in India to which this Code does not extent, as the Central Government may,by notification, specify in this behalf;(b) any Court, Judge or Magistrate exercising jurisdiction in any such country
or place outside India, as the Central Government may, by notification, specify
in this behalf, and having authority, under the law in force in that country orplace, to issue commissions for the examination of witnesses in relation tocriminal matters.
291. Deposition of medical witness:- (1) The deposition of a civil surgeon
or other medical witness, taken and attested by a Magistrate in the presence of
the accused, or taken on commission under this chapter, may be given inevidence in any inquiry, trial or other proceeding under this code, although
the deponent is not called as witness.
(2) The Court may, if it thinks fit, and shall, on the application of theprosecution or the accused, summon and examine any such deponent as to thesubject-matter of his deposition.
292. Evidence of Officers of the Mint : – (1) Any document purporting to
be a report under the hand of any such Gazetted Officer of the Mint or of the
Indian Security Press (including the Officer of the Controller of Stamps andstationery) as the Central Government may, by notification, specify in thisbehalf, upon any matter or thing duly submitted to him for examination andreport in the course of any proceeding under this Code, may be used as
evidence in any inquiry, trial or other proceeding under this Code, althoughsuch officer is not called as a witness.
(2) The court may, if it thinks fit, summon and examine any such officer as tobe the subject-matter of his report:
Provided that no such officer shall be summoned to produce any records onwhich the report is based.
(3) Without prejudice to the provisions of Sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), no such officer shall, except with thepermission of the Master of the Mint or the Indian Security Press or theController of Stamps and Stationery, as the case may be, permitted,

(a) to give any evidence derived from any unpublished official records onwhich the report is based ; or(b) to disclose the nature or particulars of any test applied by him in thecourse of the examination of the matter or thing.
293. Reports of certain Government scientific experts-:-(1) Any
document purporting to be a report under the hand of a Government scientificexpert to whom this Section applies, upon any matter or thing duly submitted
to him for examination or analysis and report in the course of any proceedingunder this Code, may be used as evidence in any, inquiry, trial or otherproceeding under this Code.
(2) The Court may, if it thinks fit, summon and examine any such expert as tothe subject-matter of his report.
(3) Where any such expert is summoned by a Court, and he is unable to attend
personally, he may, unless the Court has expressly directed him to appear
personally depute any responsible officer working with him to attend the
Court, if such officer is conversant with the facts of the case and cansatisfactorily depose in Court on his behalf.
(4) This Section applies to the following Government scientific experts,
namely:(a) any Chemical Examiner or Assistant Chemical Examiner to Government(b) the Chief Inspector of Explosives;(c) the Director of the Finger Print Bureau;(d) the Director Haffkeine Institute, Bombay ;(e) the Director, Deputy Director or Assistant Director of a Central Forensic
Science Laboratory or a State
Forensic Science Laboratory;(f) the Serologist to the Government.
294. No formal proof of certain documents:-Where any document isfiled before any Court by the prosecution or the accused, the particulars of
every such document shall be included in a list and the prosecution or theaccused, as the case may be, or the pleader for the prosecution or the accused,if any, shall be called upon to admit or deny the genuineness of each such
document.
(2) The list of documents shall be in such form as be prescribed by the State
Government.
(3) Where the genuineness of any document is not disputed, such document
may be read in evidence in inquiry, trial or other proceeding under this Code
without proof of the signature of the person to whom it purports to be signed :Provided that the Court may, in its discretion, require such signature to be
proved.
295. Affidavit in proof of conduct of public servant:- When any
application is made to any Court in the course of any inquiry, trial or otherproceedings under this Code, and allegations are made therein respecting any
public servant the applicant may give evidence of the facts alleged in theapplication by affidavit, and the Court may, if it thinks fit, order that evidence
relating to such facts to be given.
296. Evidence of formal character on affidavit:- (1) The evidence of any
person whose evidence is of a formal character may be given by affidavit andmay, subject to all just exceptions, be read in evidence in any inquiry, trial orother proceeding under this Code.
(2) The Court may, if it thinks fit, and shall, on the application of theprosecution or the accused, summons and examine any such person as to thefacts contained in his affidavit.
297. Authorities before whom affidavits may be sworn:- (1) Affidavits
to be used before any Court under this Code may be sworn or affirmed before,(a) any Judge or Judicial or Executive Magistrate, or(b) any commissioner of Oaths appointed by a High Court or Court of Session,or(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).
(2) Affidavits shall be confined to, and shall state separately, such facts as thedeponent is able to prove from his own knowledge and such facts as he hasreasonable ground to believe to be true, and in the latter case, the deponent
shall clearly state the grounds of such belief.
(3) The Court may order any scandalous and irrelevant matter in the affidavit
to be struck out or amended.

298. Previous conviction or acquittal how proved:- In any inquiry, trial
or other proceeding under this Code, a previous conviction or acquittal may be
proved, in addition to any other mode provided by any law for the time being
in force,(a) by an extract certified under the hand of the officer having the custody, ofthe records of the Court in which such conviction or acquittal was held, to be a
copy of the sentence or order; or(b) in case of a conviction, either by a certificate signed by the officer in chargeof the Jail in which the punishment or any part thereof was undergone, or by
production of the warrant of commitment under which the punishment was
suffered, together with, in each of such cases, evidence as to the identity of theaccused person with the person so convicted or acquitted.
299. Record of evidence in absence of accused:- (1) If it is proved thatan accused person has absconded, and that there is no immediate prospect ofarresting him, the Court competent to try or commit for trial, such person forthe offence complained of, may, in his absence, examine the witnesses (if any)
produced on behalf of the prosecution, and record their depositions and any
such deposition may, on the arrest of such person, be given in evidence against
him on the inquiry into, or trial for, the offence with which he is charged, if thedeponent is dead or incapable of giving evidence or cannot be found or his
presence cannot be procured without an amount of delay, expense orinconvenience which, under the circumstances of the case, would beunreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life
has been committed by some person or persons unknown, the High Court or
the Sessions Judge may direct that any Magistrate of the first class shall holdan inquiry and examine any witnesses who can give evidence concerning theoffence and any depositions so taken may be given in evidence against any
person who is subsequently accused of the offence, if the deponent is dead orincapable of giving evidence or beyond the limits of India.
STATE AMENDMENT
Uttar Pradesh – In sub-sec. (1), for the words “competent to try such
person”, the Words “competent to try such person or to commit him for trial”,
shall be substituted – U.P. Act 16 of 1976, w.e.f. 1-5-1976.
CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS

300. Person once convicted or acquitted not to be tried for sameoffence:-(1) A person who has once been tried by a Court of competentjurisdiction for an offence and convicted or acquitted of such offence shall,while such conviction or acquittal remains in force, not be liable to be tried
again for the same offence, nor on the same facts for any Other Offence forwhich a different charge from the one made against him might have been
made under sub-section (1) of Section 221, or for which he might have been
convicted under sub-section (2) thereof.
(2) A person acquitted or convicted of any offence, may be afterwards tried,with the consent of the State Government, for any distinct offence for which aseparate charge might have been made against him at the former trial undersub-section (1) of Section 220.
(3) A person convicted of any offence constituted by any act causing
consequences which, together with such act, constituted a different offence
from that of which he was convicted, may be afterwards tried for such last
mentioned offence, if the consequences had not happened,(4) A person acquitted convicted of any offence constituted by any acts may,notwithstanding such acquittal or conviction, be subsequently charged with,and tried for, any other offence constituted by the same acts which he may
have committed if the Court by which he was first tried was not competent to
try the offence with which he is subsequently charged.
(5) A Person discharged under Section 258 shall not be tried again for thesame offence except with the consent of the Court by which he was discharged
or of any other Court to which the first mentioned Court is subordinate.
(6) Nothing in this Section shall affect the provisions ,of Section 26 of theGeneral Clauses Act, 1897 (10 of 1897) or of Section 188 of this Code.
Explanation:- The dismissal of a complaint, or the discharge of the accused,
is not an acquittal for the purpose of this Section.
CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS
301. Appearance by Public Prosecutors:- (1) The Public Prosecutor orAssistant Public Prosecutor in charge of a case may appear and plead without
any written authority before any Court in which that case is under inquiry,
trial or appeal.
(2) If in any such case any private person instructs a pleader to prosecute any
person in any Court, the Public Prosecutor or Assistant Public Prosecutor in
charge of the case shall conduct the prosecution, and the pleader so instructedshall act therein under the directions of the Public Prosecutor or AssistantPublic Prosecutor, and may, with the permission of the Court, submit written
arguments after the evidence is closed in the case.
STATE AMENDMENTWest Bengal:- Substitute the following for sub-sec. 301 (I)(1)(a) The Public Prosecutor in charge of a case may appear and plead without
any written authority before any Court in which that case is under inquiry,
trial or appeal.
(b) The Assistant Public Prosecutor in charge of a case may appear and plead
without any written authority before any Court in which that case is underinquiry or trial.”
W.B. Act No. 26 of 1990, enforcement date not yet notified.
302. Permission to conduct prosecution :-(1) Any Magistrate inquiring
into or trying a case may permit the prosecution to be conducted by any
person other than a police officer below the rank of inspector, but no person,
other than the Advocate-General, or Government Advocate or a Public
Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without
such permission:
Provided that no police officer shall be permitted to conduct the prosecution if
he has taken part in the investigation into the offence with respect to which
the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by apleader.
303. Right of person against whom proceedings instituted to be
defended :- Any person accused of offence before a Criminal Court or against
whom proceedings are instituted under this Code, may of right be defended bya pleader of his choice.
304. Legal aid to accused at State expense in certain cases :-(1)Where, in a trial before the Court of Session, the accused is not represented bya pleader, and where appears to the Court that the accused has not sufficientmeans to engage a pleader, the Court shall assign a pleader for his defence atthe expense of the State.
(2) The High Court may, with the previous approval of the State Government,
make rules providing for,–(a) the mode of selecting pleaders for defence under sub-section (1) ;(b) the facilities to be allowed to such pleaders by the Courts;(c) the fees payable to such pleaders by the Government and generally, forcarrying out the purposes of sub-section (1).
(3) The State Government may, by notification, direct that, as from such dateas may be specified in the notification the provisions of sub-sections (1) and(2) shall apply it relation to any class of trials before other Courts in the Stateas they apply in relation to trials before Courts of Session.
305. Procedure when corporation or registered society is anaccused:–(1)In this section, “corporation ” means an incorporated company
or other body corporate, and includes a society registered under the Societies
Registration Act, 1860 (21 of 1860).
(2) Where a corporation is the accused person or one of the accused persons in
an inquiry or trial, it may appoint a representative for the purpose of theinquiry or trial and such appointment need not be under the seal of thecorporation.
(3) Where a representative of a corporation appears, any requirement of thiscode that anything shall be done in the presence of the accused or shall beread or stated or explained to the accused, shall be construed as a requirementthat the thing shall be done in the presence of the representative, and any
requirement that the accused shall be examined shall be construed as arequirement that the representative shall be examined.
(4) Where a representative of a corporation does not appear, any suchrequirement as is referred to in sub-section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the managing
director of the corporation or by any person (by whatever name called) having,or being one of the persons having the management of the affairs of the
Corporation to the effect that the person named in the statement has been
appointed as the representative of the corporation for the purposes of thisSection, is filed, the Court shall, unless the contrary is proved, presume thatsuch person has been so appointed.
(6) If a question arises as to whether any person, appearing as therepresentative of a corporation in an inquiry or trial before a Court is or is not
such representative, the question shall be determined by the Court.
306. Tender of pardon to accomplice :-(1) With a view to obtaining theevidence of any person supposed to have been directly or indirectly concerned

in or privy to an offence to which this Section applies, the Chief Judicial
Magistrate or a Metropolitan Magistrate at any stage of the investigation or
inquiry into, or the trial of, the offence, and the Magistrate of the first classinquiring into, or trying the offence, at any stage of the inquiry or trial, may
tender pardon to such person on condition of his making a full and true
disclosure of the whole of the circumstances within his knowledge relative tothe offence and to every other person concerned, whether as principle orabettor, in the commission thereof.
(2) This Section applies to–(a) any offence triable exclusively by the Court of Session or by the Court of aSpecial Judge appointed under the Criminal Law Amendment Act, 1952 (46 of
1952);(b) any offence punishable with imprisonment which may extend to sevenyears or with a more severe sentence.
(3) Every Magistrate who tenders a pardon under sub- section (1) shall record(a) his reasons for so doing(b) whether the tender was or was not accepted by the person to whom it was
made;and shall, on application made by the accused, furnish him with a copy of suchrecord free of cost.
(4) Every person accepting a tender of pardon made under sub-section (1)(a) shall be examined as a witness in the Court of the Magistrate taking
cognizance of the offence and in the subsequent trial, if any;(b) shall, unless he is already on bail, be detained in custody until thetermination of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section(1) and has been examined under sub-section (4), the Magistrate taking
cognizance of the offence shall, without making any further inquiry in thecase(a) commit it for trial(i) to the Court of Session if the offence is triable exclusively by that Court or if
the Magistrate taking cognizance is the Chief Judicial Magistrate ;(ii) to a Court of Special Judge appointed under the Criminal Law Amendment
Act, 1952, (46 of 1952), if the offence is triable exclusively by that Court ;(b) in any other case, make over the case to the Chief Judicial Magistrate who
shall try the case himself.
307. Power to direct tender of pardon :- At any time after commitmentof a case but before judgement is passed, the Court to which the commitment
is made may, with a view to obtaining at the trial the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to, any suchoffence, tender a pardon on the same condition to such person.
308. Trial of person not complying with conditions of pardon :(1)Where, in regard to a person who has accepted a tender of pardon madeunder Section 306 or Section 307 the Public Prosecutor certifies that in his
opinion such person has, either by wilfully concealing anything essential or by
giving false evidence, not complied with the condition on which the tender was
made, such person may be tried for the offence in respect of which the pardon
was so tendered, or for any other offence of which he appears to have been
guilty in connection with the same matter, and also for the offence of giving
false evidence:
Provided that such person shall not be tried jointly with any of the otheraccused :Provided further that such person shall not be tried for the offence of giving
false evidence except with the sanction of the High Court, and nothing
contained in Section 195 Section 340 shall apply to that offence.
(2) Any statement made by such person accepting tender of pardon andrecorded by a Magistrate under Sec 164 or by a Court under sub-section (4) of
Section 306 may be given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has compliedwith the condition upon which such tender was made ; in which case it shallbe for the prosecution to prove that such condition has not been complied
with.
(4) At such trial, the Court shall(a) if it is a Court of Session, before the charge is read out and explained to theaccused ;(b) if it is the Court of a Magistrate, before the evident of the witnesses for theprosecution is taken,

ask the accused whether he pleads that he has complied with the conditions on
which the tender of pardon
was made.
(5) If the accused does so plead, the Court shall record, the plea and proceedwith the trial and it shall, before passing judgement in the case, find whether
or not the accused has complied with the conditions of the pardon, and, if it
finds that he has so complied, it shall, notwithstanding anything contained inthis Code, pass judgement of acquittal.
309. Power to postpone or adjourn proceedings:- (1)In every inquiry ortrial, the proceedings shall be held as expeditiously as possible, and inparticular, when the examination of witnesses has once begun, the same shallbe continued from day to day until all the witnesses in attendance have been
examined, unless the Court finds the adjournment of the same beyond thefollowing day to be necessary for reasons to be recorded.
If the Court after taking cognizance of an offence, or commencement of trial,
finds it necessary or advisable to postpone the commencement of, or adjourn,
any inquiry or trial, it may, from time to time, for reasons to be recorded,
postpone or adjourn the same on such terms as it thinks fit, for such time as it
considers reasonable and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under
this Section for a term exceeding fifteen days at a time :Provided further that when witnesses are in attendance, no adjournment or
postponement shall be granted, without examining them, except for special
reasons to be recorded in writing.
Explanation 1:- If sufficient evidence has been obtained to raise a suspicion
that the accused may have committed an offence, and it appears likely thatfurther evidence may be obtained by a remand, this is a reasonable cause for aremand.
Explanation 2 :- The terms on which an adjournment or postponement may
be granted include, in appropriate cases, the payment of costs by theprosecution or the accused.
CODE OF CRIMINAL PROCEDURE, 1973
CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS

310. Local Inspection:- (1) Any judge or Magistrate may, at any stage of
any inquiry, trial or other proceeding, after due notice to the parties, visit andinspect any place in which an offence is alleged to have been committed, or
any other place which it is in his opinion necessary to view for the purpose ofproperly appreciating the evidence given at such inquiry or trial, and shallwithout unnecessary delay record a memorandum of any relevant facts
observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if theprosecutor, complainant or accused or any other party to the case, so desires, acopy of the memorandum shall be furnished to him free of cost.
311. Power to summon material witness, or examine Person
Present:- Any Court may, at any stage of any inquiry, trial or otherproceeding under this Code, summon any person as a witness, or examine any
person in attendance, though not summoned, as a witness, or recall and reexamine any person already examined ; and the Court shall summon andexamine or recall and re-examine any such person if his evidence appears to it
to be essential to the just decision of the case.
312. Expenses of complainants and witnesses:- Subject to any rules
made by the State Government, any Criminal Court may, if it thinks fit, order
payment, on the part of the Government, of the reasonable expenses of any
complainant or witness attending for the purposes of any inquiry trial or otherproceeding before such Court under this Code.
313. Power to examine the accused :–(1) In every inquiry or trial, for the
purpose of enabling the accused personally to explain any circumstances
appearing in the evidence against him, the Court –(a) may, at any stage, without previously warning the accused, put suchquestions to him as the Court considers necessary;(b) shall, after the witnesses for the prosecution have been examined andbefore he is called on for his defence, question him generally on the case:
Provided that in a summons-case, where the Court has dispensed with thepersonal attendance of the accused, it may also dispense with his examination
under Clause (b).
(2) No oath shall be administered to the accused when he is examined undersub-section (1).
(3) The accused shall not render himself liable to punishment by refusing toanswer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in suchinquiry or trial, and put in evidence for, or against him in any other inquiry
into, or trial for, any other offence which such answers may tend to show hehas committed.
314. Oral arguments and memorandum of arguments:- (1) Any party
to a proceeding may, as soon as may be, after the close of his evidence, addressconcise oral arguments; and may, before he concludes the oral arguments, ifany, submit a memorandum to the Court setting forth concisely and under
distinct headings, the arguments in support of his case and every suchmemorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished tothe opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose offiling the written arguments unless the Court, for reasons to be recorded inwriting, considers it necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the arguments are not concise or
relevant, regulate arguments.
315. Accused person to be competent witness:- (1) Any person accusedof an offence before a Criminal Court shall be a competent witness for the
defence and may, evidence on oath in disproof of the charges made against
him or any person charged together with him at the same trial :Provided that(a) he shall not be called as a witness except on own request in writing :(b) his failure to give evidence shall not be made subject of any comment by
any of the parties the Court or give rise to any presumption ago himself or any
person charged together with that the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court
under Section 98, or Section 107, Section 108, or Section 109, or Section 110,or under Chapter IX or under Part B, Part C or Part D or Chapter X, may offer
himself as a witness in such proceedings:
Provided that in proceedings under Section 108, Section 109, or Section 110,
the failure of such person to give evidence shall not be made the subject of any
comment by any of the parties or the Court or give rise to any presumption
against him or any other person proceeded against together with him at thesame inquiry.

316. No Influence to be used to induce disclosure:- Except as provided
in Section 306 and 307, no influence, by means of any promise or threat orotherwise, shall be used to an accused person to induce him to disclose orwithhold any matter within his knowledge.
317. Provision for inquiries and trial being held in the absence ofaccused in certain cases:– (1) At any stage of an inquiry or trial under thiscode, if the Judge or Magistrate is satisfied, for reasons to be recorded, thatthe personal attendance of the accused before the Court is not necessary in theinterests of justice, or that the accused persistently disturbs the proceedings incourt, the Judge or Magistrate may, if the accused is represented by a pleader,dispense with his attendance and proceed with such inquiry or trial in his
absence, and may, at any subsequent stage of the proceedings, direct thepersonal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if theJudge or Magistrate considers his personal attendance necessary, he may, if
he thinks fit and for reasons to be recorded by him, either adjourn suchinquiry to trial, or order that the case of such accused be taken up or tried
separately.
318. Procedure where accused does not understand proceedings:- If
the accused, though not of unsound mind, cannot be made to understand theproceedings, the court may proceed with the inquiry or trial; and, in the caseof Court other than a High Court, if such proceedings result in a conviction,
the proceedings shall be forwarded to the High court with a report of thecircumstances of the case, and the High Court shall pass thereon such order as
it thinks fit.
319. Power to proceed against other persons appearing to be guilty
of offence:-(1) Where, in the course of any inquiry into, or trial of an offence,
it appears from the evidence that any person not being the accused has
committed any offence for which such person could be tried together with theaccused, the Court may proceed against such person for the offence which heappears to have committed.
(2) Where such person is not attending the Court, he may be arrested or
summoned, as the circumstances of the case may require, for the purpose
aforesaid.
(3) Any person attending the Court, although not under arrest or upon asummons, may be detained by such Court for the purpose of the inquiry into,or trial or, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub-section (1), then-(a) the proceedings in respect of such person shall be commenced afresh, andthe witnesses reheard;(b) subject to the provisions of clause (a), the case may proceed as if such
person had been an
accused person when the Court took cognizance of the offence upon which theinquiry or trial wascommenced.
CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS
320. Compounding of offence:- (1) The offences punishable under theSections of the Indian Penal Code (45 of 1860) specified in the first twocolumns of the Table next following may be compounded by the persons
mentioned in the third column of that Table:——————————————————————————————————————————————————–
Offences Section of the Person by whom offence may be compounded
Indian Penalapplicable Code——————————————————————————————————————————————————–(1) (2) (3)——————————————————————————————————————————————————–
Uttering words etc., with deliberate 298 The person whose religious feelings
are intended tointent to wound the religious be woundedfeelings of any person
causing hurt 323, 334 The person to whom the hurt is caused
Wrongfully restraining or confining 341, 342 The person restrained orconfined
any person

Assault or use of criminal force 352, 355, 358 The person assaulted or towhom criminal force is used.
Mischief, when the only loss or 426, 427 The person to whom the loss ordamage is caused
damage caused is loss or damage toa private person
Criminal trespass 447 The person in possession of the property trespassed
upon.
House-trespass 448 -doCriminal breach of contract of service 491 The person with whom the offender
has contracted
Adultery 497 The husband of the woman
Enticing or taking away or detaining 498 -dowith criminal intent of a married woman
Defamation, except such cases as are 500 The person defamed
specified against section 500 of the IPC(45 of 1860 in column 1 of the Table undersub-section (2).
Printing or engraving matter, knowing 501 -doit to be defamatory
Sale of printed or engraved substance 502 -docontaining defamatory matter, knowing
it to contain such matter
Insult intended to provoke a breach 504 The person insultedof the peace

Criminal intimidation except when the 506 The person intimidated
offence is punishable with imprisonment
for seven years
Acts caused by making a person believe 508 The person against whom theoffence was committed.
that he will be an object of divine displeasure.
——————————————————————————————————————————————————–(2) The offences punishable under the sections of the Indian Penal Code (45 of
1860) specified in the first two columns of the table next following may, withthe permission of the Court before which any prosecution for such offence ispending, be compounded by the persons mentioned in the third column ofthat Table.–——————————————————————————————————————————————————–
Offence Section of Person by whom offence may be compounded
Indian Penal
Code applicable——————————————————————————————————————————————————–(1) (2) (3)——————————————————————————————————————————————————–
Voluntarily causing hurt by dangerous 324 The person to whom is caused
weapons or means
Voluntarily causing grievous hurt 325 -doVoluntarily causing grievous hurt 335 -doon grave and sudden provocation
Causing hurt by doing an act so 337 -do-rashly and negligently as to endanger
human life or the personal safety ofothersCausing grievous hurt by doing an 338 -doact so rashly and negligently as toendanger human life or the personalsafety of others
Wrongfully confining a person for 343 The person confined
three days or moreWrongfully confining for ten or more 344 -dodays
Wrongfully confining a person in 346 -dosecretAssault or criminal force to woman 354 The woman assaulted to whom thecriminal force was used.
with intent to outrage her modesty
Assault or criminal force in attempting 357 The person assaulted or to whom
the force was used.
wrongfully to confine a person
Theft, where the value of property 379 The owner of the property stolen
stolen does not exceed two hundredand fifty rupees
Theft by clerk or servant of property 381 -doin possession of master, where thevalue of the property stolen does notexceed two hundred and fifty rupees
Dishonest misappropriation of property 403 The owner of the property
misappropriated.
Criminal breach of trust, where the value 406 The owner of the property inrespect of which the breach ofof the property does not exceed two trust has been committed.
hundred and fifty rupees
Criminal breach of trust by a carrier, 407 The owner of the property in respectof which the breach ofwharfinger, etc. where the value of the trust has been committed
property does not exceed two hundredand fifty rupees
Criminal breach of trust by a clerk or 408 The owner of the property in respectof which the breach ofservant, where the value of the property trust has been committed
does not exceed two hundred and fifty
rupeesDishonestly receiving stolen property 411 The owner of the property stolen
knowing it to be stolen, when the valueof the stolen property does not exceed
two hundred and fifty rupees
Assisting in the concealment or disposal 414 -doof stolen property, knowing it to be stolen,
where the value of the stolen property does

not exceed two hundred and fifty rupees
Cheating 417 The person cheatedCheating a person whose interest 418 -dothe offender was bound, either by law or bylegal contract, to protect
Cheating by personation 419 -doCheating and dishonestly inducing delivery 420 -doof property or the making, alteration or
destruction of a valuable security
Fraudulent removal or concealment of 421 The Creditors who are affected
therebyproperty etc. to prevent distribution
among creditors
Fraudulently preventing from 422 -dobeing made available for his creditorsa debt or demand due to the offender
Fraudulent execution of deed of transfer 423 The person affected thereby
containing false statement of consideration
Fraudulent removal or concealment of 424 -doproperty
Mischief by killing or maiming animal of 428 The owner of the animal
the value of ten rupees or upwards
Mischief by killing or maiming cattle, etc., 429 The owner of the cattle oranimalof any value or any other animal of thevalue of fifty rupees or upwards
Mischief by injury to work of irrigation by 430 The person to whom the loss ordamage is caused
wrongfully diverting water when the only
loss or damage caused is loss or damage
to a private person
House trespass to commit an offence 451 The person in possession of thehouse trespassed upon(other than theft) punishable withimprisonment
Using a false trade or property mark 482 The person to whom loss or injury iscaused by such use
Counterfeiting a trade or property mark 483 The person whose trade orproperty mark is counterfeitedused by another
Knowingly selling, or exposing or 486 -dopossessing for sale or for manufacturing
purpose, goods marked with a counterfeit
property markMarrying again during the life time of 494 The husband or wife of the person
so marrying
a husband or wife
Defamation against the President or the 500 The person defamed
Vice-President or the Governor of a Stateor the Administrator of a Union Territory
or a Minister in respect of his conduct inthe discharge of his public functions when
instituted upon a complaint made by the
Public Prosecutor
Uttering words or sounds or making gestures 509 The woman whom it was
intended to insult or whoseor exhibiting any object intending to insult the privacy was intruded uponmodesty of a woman or intruding upon theprivacy of a woman.
——————————————————————————————————————————————————–(3) When any offence is compoundable under this section, the abatement ofsuch offence or an attempt to Commit such offence (when such attempt isitself an offence) may be compounded in like manner.
(4)(a) When the person who would otherwise be competent to compound an
offence under this section is under the age of eighteen years or is an idiot or a
lunatic, any person competent to contract on his behalf may, with thepermission of the Court, compound such offence.
(b) When the person who would otherwise be competent to compound an
offence under this section is dead, the legal representative, as defined in the
Code of Civil Procedure, 1908 (5 of 1908) of such person may, with theconsent of the Court, compound such offence.
(5) When the accused has been committed for trial or when he has been
convicted and an appeal is pending, no composition for the offence shall beallowed without the leave of the Court to which he is committed, or, as thecase may be, before which the appeal is to be heard.
(6) A High Court or Court of Session acting in the exercise of its powers ofrevision under Section 401 may allow any person to compound any offence
which such person is competent to compound under this Section.

(7) No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhanced punishment or to a punishment of adifferent kind for such offence.
(8) The composition of an offence under this Section shall have the effect of an
acquittal of the accused with whom the offence has been compounded.
(9) No offence shall be compounded except as provided by this Section.
CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS
321. Withdrawal from prosecution :- The Public Prosecutor or AssistantPublic Prosecutor in charge of a case may, with the consent of the Court, at
any time before the judgement is pronounced, withdraw from the prosecutionof any person either generally or in respect of any one or more of the offences
for which he is tried ; and, upon such withdrawal —(a) if it is made before a charge has been framed, the accused shall bedischarged in respect of such offence or offences ;(b) if it is made after a charge has been framed, or when under this Code no
charge is required, he shall be acquitted in respect of such offence or offences:
Provided that where such offence(i) was against any law relating to a matter to which the executive power of theUnion extends ; or(ii) was investigated by the Delhi Special Police Establishment under the Delhi
Special Police Establishment Act, 1946 (25 of 1946) ; or(iii) involved the misappropriation or destruction of, or damage to, any
property belonging to the Central Government ; or(iv) was committed by a person in the service of the Central Government while
acting or purporting to act in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central
Government, he shall not, unless he has been permitted by the Central
Government to do so, move the Court for its consent to withdraw from theprosecution and the Court shall, before according consent, direct theProsecutor to produce before it the permission granted by the Central
Government to withdraw from the prosecution.

STATE AMENDMENT
Uttar Pradesh :- After the words “in charge of a case may” insert the words“on the written permission of the State Government to that effect (which shallbe filed in Court)” U.P. Act 18 of 1991, w.e.f 16-2-1991.
322. Procedure in cases which Magistrate cannot dispose of :-(1)If,in the course of any inquiry into an offence or a trial before a Magistrate in any
district, the evidence appears to him to warrant a presumption —(a) that he has no jurisdiction to try the case or commit it for trial ; or(b) that the case is one which should be tried or committed for trial by someother Magistrate in the district, or(c) that the case should be tried by the Chief Judicial Magistrate,
he shall stay the proceedings and submit the case, with a brief report
explaining its nature, to the Chief Judicial Magistrate or to such other
Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered,either try the case himself, or refer it to any Magistrate subordinate to him
having jurisdiction, or commit the accused for trial.
323. Procedure when, after commencement of inquiry or trial,
Magistrate finds case should be committed :- If, in any inquiry into an
offence or a trial before a Magistrate, it appears to him at any stage of theproceedings before signing the judgement that the case is one which ought tobe tried by the Court of Session, he shall commit it to that Court under theprovisions hereinbefore contained and thereupon the provisions of Chapter
XVIII shall apply to the commitment so made.
324. Trial of persons previously convicted of offences against
coinage, stamp-law or property :-(1) Where a person, having been
convicted of an offence punishable under Chapter XII or Chapter XVII of the
Indian Penal Code, (45 of 1860) with imprisonment for a term of three years
or upwards, is again accused of any offence punishable under either of thosechapters with imprisonment for a term of three years or upwards, and theMagistrate before whom the case is pending is satisfied that there is groundfor presuming that such person has committed the offence, he shall be sent fortrial to the Chief Judicial Magistrate or committed to the Court of Session,
unless the Magistrate is competent to try the case and is of opinion that he canhimself pass an adequate-sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate orcommitted to the Court of Session under sub-section (1), any other person

accused jointly with him in the same inquiry or trial shall be similarly sent orcommitted, unless the Magistrate discharges such other person under Section
239 or Section 245, as the case may be.
325. Procedure when Magistrate cannot pass sentence sufficiently
severe :-(1) Whenever a Magistrate is of opinion, after hearing the evidence
for the prosecution and the accused, that the accused is guilty, and that heought to receive a punishment different in kind from, or more severe than,that which such Magistrate is empowered to inflict, or, being a Magistrate of
the second class, is of opinion that the accused ought to be required to executea bond under Section 106, he may record the opinion and submit his
proceedings, and forward the accused, to the Chief Judicial Magistrate towhom he is subordinate.
(2) When more accused than one are being tried together, and the Magistrateconsiders it necessary to proceed under sub-section (1), in regard to any ofsuch accused, he shall forward all the accused, who are in his opinion guilty, to
the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may,
if he thinks fit, examine the parties and recall and examine any witness who
has already given evidence in the case, and may call for and take any further
evidence, and shall pass such judgement, sentence or order in the case as hethinks fit, and is according to law.
326. Conviction or commitment on evidence partly recorded by one
Magistrate and partly by another :- (1) Whenever any Judge orMagistrate, after having heard and recorded the whole or any part of theevidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is
succeeded by another Judge or Magistrate who has and who exercises suchjurisdiction, the Judge or Magistrate so succeeding may act on the evidence sorecorded by his predecessor, or partly recorded by his predecessor and partly
recorded by himself:
Provided that if the succeeding Judge or Magistrate is of opinion that further
examination of any of the witnesses whose evidence has already been recorded
is necessary in the interests of Justice, he may re-summon any such witness,
and after such further examination, cross-examination and re-examination, if
any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code from one
judge to another Judge or from one Magistrate to another Magistrate, theformer shall be deemed to cease to exercise jurisdiction therein, and to be
succeeded by the latter, within the meaning of sub-section (1).

(3) Nothing in this section applies to summary trials or to cases in which
proceedings have been stayed under Section 322 or in which proceedings havebeen submitted to a superior Magistrate under Section 325.
STATE AMENDMENTS
Rajasthan & Uttar Pradesh :-(a) In sub-section (1) for the words“Magistrate” wherever occurring substitute the words “Judge or Magistrate”.
(b) In sub-section (2) before the words “from the Magistrate to another
Magistrate” insert the words “from one Judge to another Judge” Raj Act 10 of
1977, w.e.f. 3-9-1977 and U.P. Act 16 of 1976 w.e.f. 1-5-1976.
327. Court to be open :- (1) The place in which any Criminal Court is held
for the purpose of inquiring into, or trying any offence shall be deemed to be
an open Court, to which the public generally may have access, so far as thesame can conveniently contain them :Provided that the presiding Judge or Magistrate may, if he thinks fit, order at
any stage of any inquiry into, or trial of, any particular case, that the publicgenerally, or any particular person, shall not have access to, or be or remain
in, the room or building used by the Court.
(2) Notwithstanding anything contained in sub- section (1), the inquiry into
and trial of rape or an offence under Section 376, Section 376-A, Section 376B, Section 376-C or Section 376-D of the Indian Penal Code (45 of 1860) shallbe conducted in camera :Provided that the presiding Judge may, if he thinks fit, or on an application
made by either of the parties, allow any particular person to have access to, or
be or remain in the room or building used by Court.
(3) Where any proceedings are held under sub- section (2), it shall not be
lawful for any person to print or publish any matter in relation to any suchproceedings exceptwith the previous permission of the Court.
CHAPTER XXV : PROVISIONS AS TO ACCUSED PERSONS OFUNSOUND MIND
328. Procedure in case of accused being lunatic:- (1)When a
Magistrate holding an inquiry has reason to believe that the person against
whom the inquiry is being held is of unsound mind and consequently
incapable of making his defence, the Magistrate shall inquire into the fact ofsuch unsoundness of mind, and shall cause such person to be examined by thecivil surgeon of the district or such other medical officer as the State

Government may direct, and thereupon shall examine such surgeon or otherofficer as a witness, and shall reduce the examination to writing.
(2) Pending such examination and inquiry, the Magistrate may deal with such
person in accordance with the provisions of Section 330.
(3) If such Magistrate is of opinion that the person referred to in sub-section(1) is of unsound mind and consequently incapable of making his defence, heshall record a finding to that effect and shall postpone further proceedings in
the case.
329. Procedure in case of person of unsound mind tried before
Court:–(1) If at the trial of any person before a Magistrate or Court ofSession, it appears to the Magistrate or Court that such person is of unsoundmind and consequently incapable of making his defence, the Magistrate or
Court shall, in the first instance, try the fact of such unsoundness andincapacity, and if the Magistrate or Court, after considering such medical andother evidence as may be produced before him or it, is satisfied of the fact, heor it shall record a finding to that effect and shall postpone further
proceedings in the case.
(2) The trial of the fact of the unsoundness of mind and incapacity of theaccused shall be deemed to be part of his trial before the Magistrate or Court.
330. Release of lunatic pending investigation or trial:–(1)Whenever a
person is found under Section 328, or Section 329 to be of unsound mind andincapable of making his defence, the Magistrate or Court, as the case may be,whether the case is one in which bail may be taken or not, may release him on
sufficient security being given that he shall be properly taken care of and shallbe prevented from doing injury to himself or to any person, and for his
appearance when required before the Magistrate or Court or such office as theMagistrate or Court appoints in this behalf.
(2) If the case is one in which, in the opinion of the Magistrate or Court, bailshould not be taken, or if sufficient security is not given, the Magistrate or
Court, as the case may be, shall order the accused to be detained in safe
custody in such place and manner as he or it may think fit, and shall report theaction taken to the State Government:
Provided that no order for the detention of the accused in a lunatic asylum
shall be made otherwise than in accordance with such rules as the State
Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
331. Resumption of inquiry or trial.–(1) Whenever an inquiry or a trial
is postponed under Section 328 or Section 329, the Magistrate or Court, as thecase may be, may at any time after the person concerned has ceased to be ofunsound mind, resume the inquiry or trial and require the accused to appear
or be brought before such Magistrate or Court.
(2) When the accused has been released under Section 330, and the sureties
for his appearance produce him to the officer whom the Magistrate or Court
appoints in this behalf, the certificate of such officer that the accused iscapable of making his defence shall be receivable in evidence.
332. Procedure on accused appearing before Magistrate or Court :–(1) If, when the accused appears or is again brought before the Magistrate or
Court, as the case may be, the Magistrate or Court considers him capable ofmaking his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable ofmaking his defence, the Magistrate or Court shall act according to theprovisions of Section or Section 329, as the case may be, and if the accused isfound to be of unsound mind and consequently incapable making his defence,shall deal with such accused in accord with the provisions of Section 330.
333. When accused appears to have been of so mind :- When theaccused appears to be of sound mind at the time of inquiry or trial and theMagistrate is satisfied, from the evidence given before him that there is reason
to believe that the accused committed an act, which, if he had been of sound
mind, would have been an offence, and that he was, at the time when the act
was committed, by reason of unsoundness of mind, incapable of knowing thenature of the act or that it was wrong or contrary to law, the Magistrate shallproceed with the case, and, if the accused ought to be tried by the court ofsession, commit him for trial before the Court of Session.
334. Judgement of acquittal on ground of unsoundness ofmind:- Whenever any person is acquitted upon the ground that, at the time atwhich he is alleged to have committed an offence, he was, by reason of
unsoundness of mind, incapable of knowing the nature of the act alleged as
constituting the offence, or that it was wrong or contrary to law, the finding
shall state specifically whether he committed the act or not.
335. Person acquitted on such ground to be detained in safe
custody:(1) Whenever the finding states that the accused person committed the act
alleged, the Magistrate or Court before whom or which the trial has been held,
shall, if such act would, but for the incapacity found, have constituted an
offence,-(a) order such person to be detained in safe custody in such place and manneras the Magistrate or Court thinks fit; or(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be madeunder clause (a) of sub- section (1) otherwise than in accordance with suchrules as the State Government may have made under the Indian Lunacy Act,1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall bemade under clause (b) of sub-section (1) except upon the application of such
relative or friend and on his giving security to the satisfaction of theMagistrate or Court that the person delivered shall(a) be properly taken care of and prevented from doing injury to himself or toany other person.
(b) be produced for the inspection of such officer, and at such times andplaces, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action
taken under sub-section (1).
336. Power of State Government to empower officer-in-charge todischarge :- The State Government may empower the officer in charge of thejail in which a person is confined under the provisions of Section 330 or
Section 335 to discharge all or any of the functions of the Inspector-General of
Prisons under Section 337 or Section 338.
337. Procedure where lunatic prisoner is reported capable ofmaking his defence:- If such person is detained under the provisions of
sub-section (2) of Section 330, and in the case of a person detained in a jail,the Inspector General of Prisons, or, in the case of a person detained a lunatic
asylum, the visitors of such asylum, or any two of them shall certify that, in hisor their opinion, such person is capable of making his defence, he shall betaken before the Magistrate or Court, as the case may be, at such time as theMagistrate or Court appoints, and the Magistrate or Court shall deal with such
person under the provisions of Section 332 and the certificate of such
Inspector-General or visitors as aforesaid shall be receivable as evidence.
338. Procedure where lunatic detained is declared fit to bereleased:-(1) If such person is detained under the provisions of sub-section(2) of section 330 or Section 335, and such Inspector-General or visitors shallcertify that, in his or their judgement, he may be released without danger of
his doing injury to himself or to any other person, the State Government may
thereupon order him to be released, or to be detained in custody, or to betransferred to a public lunatic asylum if he has not been already sent to suchan asylum, and in case it orders him to be transferred to an asylum, may
appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind ofsuch person, take such evidence as is necessary, and shall report to the State
Government, which may order his release or detention as it thinks fit.
339. Delivery of lunatic to care of relative or friend:- (1) Whenever
any relative or friend of any person detained under the provisions of Section
330 or Section 335 desires that he shall be delivered to his care and custody,
the State Government may, upon the application of such relative or friend andon his giving security to the satisfaction of such State Government, that theperson delivered shall,–(a) be properly taken care of, and prevented from doing injury to himself or toany other person;(b) be produced for the inspection of such officer, and at such time and places,
as the State Government may direct,(c) in the case of a person detained under sub-section (2) of Section 330, be
produced when required before such Magistrate or Court, order such person
to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has
been postponed by reason of his being of unsound mind and incapable ofmaking his defence, and the inspecting officer referred to in clause (b) of subsection (1) certifies at any time to the Magistrate or Court that such person iscapable of making his defence, such Magistrate or Court shall call upon therelative or friend to whom such accused was delivered to produce him before
the Magistrate or Court and upon such production the Magistrate or Court
shall proceed in accordance with the provisions of Section 332, and thecertificate of the inspecting office shall be receivable as evidence.
CHAPTER XXVI : PROVISIONS AS TO OFFENCES AFFECTING
THE ADMINISTRATION OF JUSTICE
340. Procedure in cases mentioned in Section 195:- (1) When, upon an
application made to it in this behalf or otherwise, any Court is of opinion that
it is expedient in the interest of Justice that an inquiry should be made into

any offence referred to in clause (b) of sub-section (1) of Section 195, whichappears to have been committed in or in relation to a proceeding in that Court,or as the case may be, in respect of a document produced or given in evidence
in a proceeding in that Court, such Court may, after such preliminary inquiry,
if any, as it thinks necessary,–(a) record a finding to that effect;(b) make a complaint thereof in writing;(c) send it to a Magistrate of the first class jurisdiction;(d) take sufficient security for the appearance of the accused before such
Magistrate or if the alleged offence is non-bailable and the Court thinks it
necessary so to do, send the accused in custody to such Magistrate, and(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence
may, in any case where that Court has neither made a complaint under subsection (1) in respect of that offence nor rejected an application for the makingof such complaint, be exercised by the Court to which such former Court issubordinate within the meaning of sub-section (4) of Section 195.
(3) A complaint made under this section shall be signed(a) where the Court making the complaint is a High Court, by such officer of
the Court as the Court may appoint;(b) in any other case, by the presiding officer of the Court.
(4) In this section, “Court” has the same meaning as in Section 195.
341. Appeal :–(1) Any person on whose application any Court other than aHigh Court has refused to make a complaint under sub-section (1) or subsection (1) or sub-section (2) of Section 340, or against whom such acomplaint has been made by such Court, may appeal to the Court to whichsuch former Court is subordinate within the meaning of sub-section (4) of
Section 195, and the superior Court May thereupon, after notice to the parties
concerned, direct the withdrawal of the complaint, or, as the case may be,
making of the complaint which such-former Court might have made under
Section 340, and, if it makes such complaint, the provisions of that section
shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under
Section 340, shall be final and shall not be subject to revision.
342. Power to order costs:- Any Court dealing with an application made to
it for filing a complaint under Section 340 or an appeal under Section 341,
shall have power to make such order as to costs as may be just.
343. Procedure of Magistrate taking cognizance:- (1) A Magistrate towhom a complaint is made under Section 340 or Section 341 shall,
notwithstanding anything contained in Chapter XV, proceed, as far as may be,
to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other
Magistrate to whom the case may have been transferred, that an appeal ispending against the decision arrived at in the judicial proceeding out of which
the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearingof the case until such appeal is decided.
344. Summary procedure for trial for giving false evidenced:- (1) If,
at the time of delivery of any judgement of final order disposing of any judicial
proceeding, a Court of Session or Magistrate of the first class expresses anopinion to the effect that any witness appearing in such proceeding had
knowingly or wilfully given false evidence or had fabricated false evidence with
the intention that such evidence should be used in such proceeding, it or hemay, if satisfied that it is necessary and expedient in the interest of justice thatthe witness should be tried summarily for giving or fabricating, as the casemay be, false evidence, take cognizance of the offence and may, after giving
the offender areasonable opportunity of showing cause why he should not bepunished for such offence, try such offender summarily and sentence him to
imprisonment for a term which may extend to three months, or to fine which
may extend to fivehundred rupees, or with both.
(2) In every such case the Court shall follow, as nearly as may be practicable,
the procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court to make acomplaint under Section 340 for the offence, where it does not choose toproceed under this section.
(4) Where, after any action is initiated under sub-section (1), it is made toappear to the Court of Session or Magistrate of the first class that an appeal oran application for revision has been preferred or filed against the judgement
or order in which the opinion referred to in that sub-section has been
expressed, it or he shall stay further proceedings of the trial until the disposalof the appeal or the application for revision, as the case may be, and thereupon

the further proceedings of the trial shall abide by the results of the appeal orapplication for revision.
345. Procedure in certain cases of contempt:–(1) When any suchoffence as is described in Section 175, Section 178, Section 179, Section 180, orSection 228 of the Indian Penal Code (45 of 1860), is committed in the view orpresence of any Civil, Criminal, or Revenue Court, the Court may cause theoffender to be detained in custody, and may, at any time before the rising of
the Court or the same day, take cognizance of the offence and, after giving theoffender a reasonable opportunity of showing cause why he should not bepunished under this section, sentence offender to fine not exceeding two
hundred rupees, and, in default of payment of fine, to simple imprisonment
for a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the fact constituting the offence,with the statement (if any) made by the offender, as well as the finding andsentence.
(3) If the offence is under Section 228 of the Indian Penal Code (45 of 1860),
the record shall show the nature and stage of the judicial proceeding in which
the Court interrupted or insulted was sitting, and the nature of theinterruption or insult.
346. Procedure where Court considers that case should not be dealt
with under Section 345.- (1) If the Court in any case considers that aperson accused of any of the offences referred to in Section 345 andcommitted in its view or presence should be imprisoned otherwise than indefault of payment of fine, or that a fine exceeding two hundred rupees shouldbe imposed upon him, or such Court is for any other reason of opinion that thecase should not be disposed of under Section 345, such Court, after recording
the facts constituting the offence and the statement of the accused ashereinbefore provided, may forward the case to a Magistrate having
jurisdiction to try the same, and may require security to be given for theappearance of such person before such Magistrate, or if sufficient security is
not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shallproceed to deal with, as far as may be, as if it were instituted on a police
report.
347. When Registrar or Sub-Registrar to be deemed a Civil
Court.- When the State Government so directs, any Registrar or any SubRegistrar appointed under the Registration Act, 1908 (16 of 1908), shall bedeemed to be a Civil Court within the meaning of Section 345 and 346.

348. Discharge of offender on submission apology:- When any Court
has under Section 345 adjudged an offender to punishment, or has under
Section forwarded him to a Magistrate for trial, for refusing or omitting to do
anything which he was lawfully required to do or for any intentional insult orinterruption, the Court may, in its discretion, discharge the offender or remit
the punishment on his submission to the order or requisition of such court, oron apology being made to its satisfaction.
349. Imprisonment or committal of person refusing to answer or
produce document:- If any witness or person called to produce a document
or thing before a Criminal Court refuses to answer such questions as are put tohim or to produce any document or thing in his possession or power which the
Court requires him to produce, and does not, after a reasonable opportunity
has been given to him so to do, offer any reasonable excuse for such refusal,
such Court may, for reasons to be recorded in writing, sentence him to simple
imprisonment, or by warrant under the hand of the Presiding Magistrate or
Judge commit him to the custody of an officer of the Court for any term notexceeding seven days, unless in the meantime, such person consents to be
examined and to answer, or to produce the document or thing and in the eventof his persisting in his refusal, he may be dealt with according to theprovisions of section 345 or section 346.
350. Summary procedure for punishment for non-attendance by awitness in obedience to summons:-. (1) If any witness being summoned toappear before a Criminal Court is legally bound to appear at a certain place
and time in obedience to the summons and without just excuse neglects orrefuses to attend at that place or time or departs from the place where he has
to attend before the time at which it is lawful for him to depart, and the Court
before which the witness is to appear is satisfied that it is expedient in theinterest of Justice that such a witness should be tried summarily, the Court
may take cognizance of the offence and after giving the offender an
opportunity of showing cause why he should not be punished under thissection, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable,
the procedure prescribed for summary trials.
351. Appeals from convictions under Sections 344, 345, 349 and350:- (1) Any person sentenced by any Court other than a High Court under
Section 344, Section 345, Section 349, or Section 350 may, notwithstanding
anything contained in this Code, appeal to the Court to which decrees ororders made in such Court are ordinarily appealable.

(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply
to appeals under this section, and the Appellate Court may alter to reverse thefinding or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the
Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed
to be a Civil Court by virtue of a direction issued under Section 347 shall lie to
the Court of Session for the sessions division within which the office of such
Registrar or Sub-Registrar is situate.
352. Certain Judges and Magistrates not to try certain offences
when committed before themselves:- Except as provided in Sections 344,
345, 349, and 350, no Judge of a Criminal Court (other than a Judge of a High
Court) or Magistrate shall try any person for any offence referred to in Section
195, when such offence is committed before himself orin contempt of his
authority, or is brought under his notice as such Judge or Magistrate in thecourse of a judicial proceeding.
CHAPTER XXVII : THE JUDGEMENT
353. Judgement:- (1) The judgement in every trial in any Criminal Court ororiginal jurisdiction shall be pronounced in open Court by the presiding officer
immediately after the termination of the trial or at some subsequent time ofwhich notice shall be given to the parties or their pleaders:(a) by delivering the whole of the judgement; or(b) by reading out the whole of the judgement; or(c) by reading out the operative part of the judgement and explaining thesubstance of the judgement in a language which is understood by the accusedor his pleader.
(2) Where the judgement is delivered under clause (a) of sub-section (1), thepresiding officer shall cause it to be taken down in short-hand, sign thetranscript and every page thereof as soon as it is made ready, and write on it
the date of the delivery of the judgement in open Court.
(3) Where the judgement or the operative part thereof is read out under clause(b) or clause (c) of sub-section (1) as the case may be, it shall be dated andsigned by the presiding officer in open Court, and if it is not written with his
own hand, every page of the judgement shall be signed by him.

(4) Where the judgement is pronounced in the manner specified in the clause(c) of sub-section (1), the whole judgement or a copy thereof shall be
immediately made available for the perusal of the parties or their pleaders freeof cost.
(5) If the accused is in custody, he shall be brought up to hear the judgement
pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend
to hear the judgement pronounced, except where his personal attendance
during the trial has been dispensed with and the sentence is one of fine only or
he is acquitted:
Provided that, where there are more accused than one, and one or more ofthem do not attend the Court on the date on which judgement is to bepronounced, the presiding officer may, in order to avoid undue delay in thedisposal of the case, pronounce the judgement notwithstanding their absence.
(7) No judgement delivered by any Criminal Court shall be deemed to beinvalid by reason only of the absence of any party or his pleader on the day orfrom the place notified for the delivery thereof, or of any omission to serve, or
defect in serving, on the parties or their pleaders, or any of them, the notice ofsuch day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of
the provisions of Section 465.
354. Language and contents of judgement:- (1) Except as otherwise
expressly provided by this Code, every judgement referred to in Section 353,(a) shall be written in the language of the Court;(b) shall contain the point or points for determination, the decision thereon
and the reasons for the decision;(c) shall specify the offence (if any) of which, and the Section of the Indian
Penal Code (45 of 1860) or other law under which, the accused is convicted,
and the punishment to which he is sentenced.
(d) if it be a judgement of acquittal, shall state the offence of which theaccused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of 1860) and it isdoubtful under which of two sections, or under which of two parts of the same

section, of that Code the offence falls, the Court shall distinctly express thesame, and pass judgement in the alternative.
(3) When the conviction is for an offence punishable with death or, in thealternative, with imprisonment for life or imprisonment for a term of years,
the judgement shall state the reasons for the sentence awarded, and, in thecase of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for aterm of one year or more, but the Court imposes a sentence of imprisonment
for a term of less than three months, it shall record its reasons for awarding
such sentence, unless the sentence is one of imprisonment till the rising of the
Court or unless the case was tried summarily under the provisions of thisCode.
(5) When any person is sentenced to death, the sentence shall direct that he behanged by the neck till he is dead.
(6) Every order under Section 117 or sub-section (2) of Section 138 and every
final order made under Section 125, Section 145 or Section 147 shall containthe point or points for determination, the decision thereon and the reasons forthe decision.
355. Metropolitan Magistrate’s judgement:- Instead of recording a
judgement in the manner hereinbefore provided, a Metropolitan Magistrateshall record the following particulars, namely:–(a) the serial number of the case;(b) the date of the commission of the offence;(c) the name of the complainant (if any);(d) the name of the accused person, and his parentage and residence;(e) the offence complained of or proved,(f) the plea of the accused and his examination (if any);(g) the final order;(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under Section
373 or under sub-section (3) of Section 374, a brief statement of the reasonsfor the decision.
356. Order for notifying address of previously convicted offender:(1) When any person, having been convicted by a Court in India of an offence
punishable under Section 215, Section 489A, Section 489B, Section 489C, or
Section 489D of the Indian Penal Code (45 of 1860), or of any offence
punishable under Chapter XII or Chapter XVII of that code, withimprisonment for a term of three years, or upwards, is again convicted of any
offence punishable under any of those sections or chapters with imprisonment
for a term of three years or upwards by any Court other than that of a
Magistrate of the Second class, such Court may, if it thinks fit, at the time ofpassing a sentence of imprisonment on such person, also order that his
residence and any change of, or absence from, such residence after release be
notified as hereinafter provided for a term not exceeding five years from thedate of the expiration of such sentence.
(2) The provisions of sub-section (1) with reference to the offences named
therein, apply also to criminal conspiracies to commit such offences and to theabatement of such offences and attempts to commit them.
(3) If such conviction is set aside on appeal or otherwise, such order shallbecome void.
(4) An order under this section may also be made by Appellate Court or by theHigh Court or Court of Session when exercising its powers of revision.
(5) The State Government may, by notification, make rules to carry out theprovisions of this section relating to the notification of residence or change of,or absence from, residence by released convicts.
(6) Such rules may provide for punishment for the breach thereof and any
person charged with a breach of any such rule may be tried by a Magistrate ofcompetent jurisdiction in the district in which the place last notified by him as
his place of residence is situated.
357. Order to pay compensation:- (1) When a Court imposes a sentenceof fine or a sentence (including a sentence of death) of which fine forms a part,the Court may, when passing judgement, order the whole or any part of thefine recovered to be applied:(a) in defraying the expenses of properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury causedby the offence, when compensation is, in the opinion of the Court, recoverable
by such person in a Civil Court;(c) when any person is convicted of any offence for having caused the death ofanother person or of having abetted the commission of such an offence, inpaying compensation to the persons who are, under the Fatal Accidents Act,1855 (13 of 1855), entitled to recover damages from the person sentenced forthe loss resulting to them from such death;(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having
dishonestly received or retained or of having voluntarily assisted in disposingof, stolen property knowing or having reason to believe the same to be stolen,in compensating any bona fide purchaser of such property is restored to thepossession of the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal no such payment
shall be made before the period allowed for presenting the appeal has elapsed,or, if an appeal has elapsed, or, if an appeal be presented, before the decisionof the appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, theCourt may, when passing judgement, order the accused person to pay, by way
of compensation, such amount as may be specified in the order to the person
who has suffered any loss or injury by reason of the act for which the accused
person as been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating
to the same matter, the Court shall take into account any sum paid or
recovered as compensation under this section.
STATE AMENDMENTS
Andhra Pradesh: (I) in sub-sec. (1), after the words “the Court may”, Insert
the expression “and where a person against whom an offence is committed
belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses (24)and (25) of Article 366 of the Constitution of India except when both theaccused person and the person, against whom an offence is committed belong
either to such castes or tribes, the Court shall” ; and(ii) for sub-sec. (3), substitute the following, namely,–(3) When a Court imposes a sentence, of which fine does not form a part, theCourt may, and where a person against whom an offence is committed belongs
to Scheduled Castes or Scheduled Tribes as defined in Clauses (24) of Article
366 of the Constitution of India, the Court shall, when passing judgement
order the accused person to pay, by way of compensation, such amount as may
be specified in the order to the person who has suffered any loss or injury byreason of the act for which the accused person has been so sentenced:
Provided that the Court may not order the accused person to pay by way ofcompensation any amount, if both the accused person and the person against
whom an offence is committed belong either to the Scheduled Castes or the
Scheduled Tribes”. A P Act 21 of 1993, w.e.f. 3-9-1993.
Bihar:- insert the following proviso: After sub-section (1).
“Provided that the person against whom an offence is committed belongs to
Scheduled Castes and to Scheduled Tribes as defined under clauses (24) and(25) to Article 366 of the constitution, the court shall, at the time ofjudgement, pass order that the entire amount of fine realised or any part of it
will be utilised for the benefit of such person by way of compensation” – Bihar
Act 9 of 1985, w.e.f., 13-8-1985.
Karnataka:- (1) In sub-section (1), after the words “the Court may”, thebrackets, the figures and words ” and where the person against whom an
offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as
defined in clause (24) and (25) of Article 366 of the Constitution and theaccused person does not belong to a Scheduled Caste or a Scheduled Tribe, theCourt shall” shall be inserted.
(2) Substitute the following for sub-section (3).
“(3) When a Court imposes a sentence, of which the fine does not form a part,the court may, and where a person against whom an offence is committed
belongs to Scheduled Caste or Scheduled Tribe as defined in clauses (24) and(25) of Article 366 of the Constitution and the accused person does not belong
to a Scheduled Caste or Scheduled Tribe, the Court shall, when passing
judgement, order the accused person to pay, by way of compensation suchamount as may be specified in the order to the person who has suffered any
loss or injury by reason of the act for which the accused person has been so
sentenced”. Karnataka Act 27 of 1987, w.e.f. 13-8-1987.

Madhya Pradesh:- (a) In sub-section (1) for the words “(1) when a Court
imposes a sentence of fine of a sentence (including a sentence of death) or
which fine forms a part, the Court may, when passing judgement, order thewhole or any part of the fine recovered to be applied”, the words “(1) when a
Court imposes a sentence of fine or a sentence (including a sentence of death)of which fine forms a part, the Court may, and where a person against whom
an offence is committed belongs to Scheduled Castes or Scheduled Tribes as
defined in clauses (24) and (25) of Article 366 of the Constitution except whenboth the accused person and the person against whom an offence iscommitted belongs either to such Caste or Tribes, the Court shall, when
passing judgement, order the whole or any part of the fine recovered to be
applied”, shall be substituted; and(b) For sub-sec. (3), the following shall be substituted,“(3) When a Court imposes a sentence, of which fine does not form a part, theCourt may, and where a person against whom an offence is committed belongs
to Scheduled Caste or Scheduled Tribes as defined in clause (24) and (25) of
Article 366 of the Constitution, the Court shall, when passing judgement,
order the accused person to pay, by way of compensation, such amount as may
be specified in the order to the person who has suffered any loss or injury byreason of the act for which the accused person has been so sentenced:
Provided that the Court may not order the accused person to pay by way ofcompensation any amount, if both the accused person and the person against
whom an offence is committed belong either to the Scheduled Castes or the
Scheduled Tribes” – M.P.Act No. 29 of 1978, w.e.f. 5-10-1978.
Rajasthan – In Section 357,(i) in sub-section (1), between the expression “the Court may”, and theexpression “When passing judgement” insert the expression “and where theperson against whom an offence is committed belongs to a Scheduled Caste ora Scheduled Tribe but the accused person does not so belong, the Court shall”,
and(ii) in sub-section (3) between the expression “the Court may”, and theexpression “when passing judgement” insert the expression “and where theperson against whom an offence is committed belongs to a Scheduled Caste ora Scheduled Tribe but the accused person does not so belong, the Court shall”– Rajasthan Act 3 of 1993.
Uttar Pradesh :- (a) in sub-section (1), after clause (d) insert the following
proviso, namely:-“Provided that if a person who may receive compensation under clauses (b),(c) and (d) is a member of the Scheduled Castes or the Scheduled Tribes andthe person sentenced is not a member of such Castes or Tribes, the Court shallorder the whole or any part of the fine recovered to be applied in payment ofsuch compensation”.
(b) for sub-section (3) substitute the following sub-section, namely,“(3) When the Court imposes a sentence, of which fine does not form a part,the Court may, and where the person who has suffered the loss or injury is amember of the Scheduled Castes or the Scheduled Tribes and the person
sentenced is not a member of such Castes or Tribes the Court shall, when
passing judgement, order the person sentenced to pay, by way ofcompensation, such amount as may be specified in the order to the person
who has suffered any loss or injury by reason of the act for which the person
has been so sentenced”.
(c) after sub-section (5) insert the following Explanation, namely,“Explanation:- For the purposes of, this section expressions “Scheduled
Castes” and “Scheduled Tribes” shall have the meanings respectively assigned
to them in clauses (24) (25) of Article 366 of the Constitution” – U.P.Act 17 of
1992.
West Bengal :- (a) in sub-section (1), for the words “When a Court imposes a
sentence of fine or a sentence (including sentence of death) of which fineforms a part, the Court may, when passing judgement, order the whole or any
part of the recovered to be applied”, the words “When a Court imposes a
sentence of fine or a sentence (including a sentence of death) of which fineforms a part, the Court may, and where the person against whom an offence
has been committed belongs to Scheduled Castes or Scheduled Tribes, except
when both the accused per and the person against whom an offence has beencommitted belongs either to Scheduled Castes or to Scheduled Tribes, shall,when passing judgement order the whole or any part of the fine recovered beapplied”- shall be substituted.
(b) for sub-section (3), substitute the following sub-section“(3) When a Court imposes a sentence, of which fine does not form a part, theCourt may, and where the person against whom an offence has beencommitted belongs to Scheduled Caste or Scheduled Tribes shall, when
passing judgement, order the accused person to pay, by way of compensation,such amount as may specified in the order to the person who has suffered any

loss injury by reason of the act for which the accused person has been so
sentenced:
Provided that the Court may not order the accused per to pay by way ofcompensation, any amount if both the accused person and the person against
whom an offence has been committed belong either to Scheduled Castes or to
Scheduled Tribes”; and(c) the following Explanation shall be inserted after sub-section (5);“Explanation:- For the purposes of this section, expressions “Scheduled
Castes” and “Scheduled Tribes” shall have the meanings respectively assigned
to them in clauses (24) and (25) of Article 366 of the Constitution of India” –W.B.Act of 1985.
358. Compensation to persons groundlessly arrested:-(1) Wheneverany person causes a police officer to arrest another person, if it appears to theMagistrate by whom the case is heard that there was no sufficient ground for
causing such arrest, the Magistrate may award such compensation, notexceeding one hundred rupees, to be paid by the person so causing the arrest
to the person so arrested, for his loss of time and expenses in the matter, as
the Magistrate thinks fit.
(2) In such cases, if more persons than one are arrested, the Magistrate may,in like manner, award to each of them such compensation not exceeding one
hundred rupees, as such Magistrate thinks fit.
(3) All Compensation awarded under this Section may be recovered as if itwere a fine, and if it cannot be so recovered, the person by whom it is payable
shall be sentenced to simple imprisonment for such term not exceeding thirtydays as the Magistrate directs, unless such sum is sooner paid.
359. Order to pay costs in non-cognizable cases:- (1)Whenever any
complaint of a non-cognizable offence is made to a Court, the Court, if itconvicts the accused, may, in addition to the penalty imposed upon him, order
him to pay to the complainant, in whole or in part, the cost incurred by him in
the prosecution, and may further order that in default of payment, the accusedshall suffer simple imprisonment for a period not exceeding thirty days andsuch costs may include any expenses incurred in respect of process-fees,
witnesses and pleader’s fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision.

360. Order to release on probation of good conduct or afteradmonition :–(1)When any person not under twenty-one years of age isconvicted of an offence punishable with fine only or with imprisonment for aterm of seven years or less, or when any person under twenty-one years of age
or any woman is convicted of an offence not punishable with death or
imprisonment for life, and no previous conviction is proved against theoffender, if it appears to the Court before which he is convicted, regard being
had to the age, Character or antecedents of the offender, and to thecircumstances in which the offence was committed, that it is expedient thatthe offender should be released on probation of good conduct, the Court may,instead of sentencing him at once to any punishment, direct that he bereleased on his entering into a bond, with or without sureties, to appear andreceive sentence when called upon during such period (not exceeding three
years) as the Court may direct, and in the meantime to keep the peace and beof good behaviour:
Provided that, where any first offender is convicted by a Magistrate of thesecond class not specially empowered by the High Court, and the Magistrate isof opinion that the powers conferred by this section should be exercised, heshall record his opinion to that effect, and submit the proceedings to a
Magistrate of the first class, forwarding the accused to, or taking bail for his
appearance before such Magistrate, who shall dispose of the case in themanner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class asprovided by sub-section (1), such Magistrate may thereupon pass suchsentence or make such order as he might have passed or made if the case hadoriginally been heard by him, and, if he thinks further inquiry or additional
evidence on any point to be necessary, he may make such inquiry or take such
evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building,
dishonest misappropriation, cheating or any offence under the Indian Penal
Code (45 of 1860), punishable with not more than two years, imprisonment or
any offence punishable with fine only and no previous conviction is proved
against him, the Court before which he is so convicted may, if it thinks fit,
having regard to the age, character, antecedents or physical or mental
condition of the offender and to the trivial nature of the offence or any
extenuating circumstances under which the offence was committed, instead ofsentencing him to any punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by theHigh Court or Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any
offender, the High Court or Court of Session may, on appeal when there is aright of appeal to such Court, or when exercising its powers of revision, set
aside such order, and in lieu, thereof pass sentence on such offender according
to law:
Provided that the High Court or Court of Session shall not under this subsection inflict a greater punishment than might have been inflicted by the
Court by which the offender was convicted.
(6) The provisions of Sections 121, 124 and 373 shall, so far as may be, apply inthe case of sureties offered in pursuance of the provisions of this section.
(7) The Court before directing the release of an offender under sub-section (1),shall be satisfied that an offender or his surety (if any) has a fixed place ofabode or regular occupation in the place for which the Court acts or in which
the offender is likely to live during the period named for the observance of theconditions.
(8) If the Court which convicted the offender, or a Court which could havedealt with the offender in respect of his original offence, is satisfied that theoffender has failed to observe any of the conditions of his recognisance, it may
issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant shall be brought
forthwith before the Court issuing warrant, and such Court may either remand
him in custody until the case is heard or admit him to bail with a sufficient
surety conditioned on his appearing for sentence and Court may, after hearing
the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of
Offenders Act, 1958 (20 of 1951), the Children Act, 1960 (60 of 1960) or any
other law for the time being in force for the treatment, training or
rehabilitation of youthful offenders.
361. Special reasons to be recorded in certain cases:- Where in any
case the Court could have dealt with,(a) an accused person under Section 360 or under the provisions of theProbation of Offenders Act, 1958 (20 of 1958); or(b) a youthful offender under the Children Act, 1960 (60 of 1960) or any otherlaw for the time being in force for the treatment, training or rehabilitation ofyouthful offenders, but has not done so, it shall record in its judgement the
special reasons for not having done so.
362. Court not to alter judgement:- Save as otherwise provided by thisCode or by any other law for the time being in force, no Court, when it hassigned its judgement or order disposing of a case, shall alter or review thesame except to correct a clerical or arithmetical error.
363. Copy of judgement to be given to the accused and otherpersons:- (1) When the accused is sentenced to imprisonment, a copy of thejudgement shall, immediately after the pronouncement of the judgement begiven to him free of cost.
(2) On the application of the accused, a certified copy of the judgement, or
when he so desires, a translation in his own language if practicable or in thelanguage of the Court, shall be given to him without delay, and such copy
shall, in every case where the judgement is appealable by the accused, be given
free of cost:
Provided that where a sentence of death is passed or confirmed by the High
Court, a certified copy of the judgement shall be immediately given to theaccused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order under
Section 117 as they apply in relation to a judgement which is appealable by theaccused.
(4) When the accused is sentenced to death by any Court and an appeal lies
from such judgement as of right, the Court shall inform him of the period
within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by ajudgement or order passed by a Criminal Court shall, on an application madein this behalf and on payment of the prescribed charges, be given a copy ofsuch judgement or order or of any deposition or other part of the record:
Provided that the Court may, if it thinks fit for some special reasons, give it tohim free of cost.
(6) The High Court may, by rules, provide for the grant of copies of any
judgement or order of a Criminal Court to any person who is not affected by a

judgement or order, on payment, by such person, of such fees, and subject tosuch conditions, as the High Court may, by such rules, provide.
STATE AMENDMENT
Karnataka :- Insert the following, after the proviso tosub-section (5),“Provided further that the State shall, on an application made in this behalf by
the Prosecuting Officer, be given, free of cost, a certified copy of suchjudgement, order deposition or record with the prescribed endorsement” –Karnataka Act 19 of 1985, w.e.f. 25-6-1985.
364. Judgement when to be translated:- The originaljudgement shall be
filed with the record of proceedings a where the original is recorded in alanguage different from that of the Court, and the accused so requires, atranslation thereof into the language of the Court shall be added to suchrecord.
365. Court of Session to send copy of finding and sentence toDistrict Magistrate:- In cases tried by the Court of Session or a Chief
Judicial Magistrate, the Court or such Magistrate, as the case may be, shallforward a copy of its or his finding and sentence (if any) to the District
Magistrate within whose local jurisdiction the trial was held.
CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FORCONFIRMATION
366. Sentence of death to be submitted by Court of Session for
confirmation :–(1)When the Court of Session passes a sentence of death, theproceedings shall be submitted to the High Court, and the sentence shall not
be executed unless it is confirmed by the High Court.
(2) The Court passing the sentence shall commit the convicted person to jailcustody under a warrant.
367. Power to direct further inquiry to be made or additional
evidence to be taken :–(1)If, when such proceedings are submitted, theHigh Court thinks that further inquiry should be made into, or additional
evidence taken upon, any point bearing upon the guilt or innocence of theconvicted person, it may make such inquiry or take such evidence itself, ordirect it to be made or taken by the Court of Session.
(2) Unless the High Court otherwise directs, the presence of the convictedperson may be dispensed with when such inquiry is made or such evidence istaken.

(3) When the inquiry or evidence (if any) is not made or taken by the High
Court, the result of such inquiry or evidence shall be certified to such Court.
368. Power of High Court to confirm sentence or annul
conviction :– In any case submitted under Section 366, the High Court,–(a) may confirm the sentence, or pass any other sentence warranted by law, or(b) may annul the conviction and convict the accused of any offence of which
the Court of Session might have convicted him, or order a new trial on thesame or an amended charge, or(c) may acquit the accused person :Provided that no order of confirmation shall be made under this section until
the period allowed for preferring an appeal has expired, or, if an appeal ispresented within such period, until such appeal is disposed of.
369. Confirmation or new sentence to be signed by two Judges.- In
every case so submitted, the confirmation of the sentence, or any new sentenceor order passed by the High Court, shall, when such Court consists of two or
more Judges, be made, passed and signed by at least two of them.
370. Procedure in case of difference of opinion:- Where any such caseis heard before a Bench of Judges and such Judges are equally divided inopinion, the case shall be decided in the manner provided by Section 392.
371. Procedure in cases submitted to High Court for
confirmation:- In cases submitted by the Court of Session to the High Court
for the confirmation of a sentence of death, the proper officer of the High
Court shall, without delay, after the order of confirmation or other order has
been made by the High Court, send a copy of the order, the seal of the High
Court and attested with his official signature, to the Court of Session.
CHAPTER XXIX : APPEALS
372. No appeal to lie unless otherwise provided:- No appeal shall lie
from any judgement or order of a Criminal Court except as provided for bythis Code or by any law for the time being in force.
373. Appeal from orders requiring security or refusal to accept or
rejecting surety for keeping peace or good behaviour :– Any person,–(i) who has been ordered under Section 117 to security for keeping the peace orfor good behaviour, or(ii) who is aggrieved by any order refusing to accept or rejecting a surety under
Section 121,

may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons the proceedings
against whom are laid before a sessions Judge in accordance with theprovisions of sub-section (2) or sub-section (4) of Section 122.
374. Appeals from convictions:–(1) Any personconvicted on a trial held bya High Court in its extraordinary original criminal jurisdiction may appeal to
the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional
Sessions Judge or on a trial held any other Court in which a sentence ofimprisonment more than seven years has been against him or against anyother person convicted at the same trial may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person:—(a) convicted on a trial held by a Metropolitan Magistrate or AssistantSessions Judge or Magistrateof the first class, or of the second class, or(b) sentenced under Section 325, or(c) in respect of whom an order has been made or a sentence has been passed
under Section 360 by any Magistrate may appeal to the Court of Session.
CASE-LAW
Prior statement of awitness cannot be used as substantive evidence, 1997 (1)SCC 145.
STATE AMENDMENTS
Punjab :- In sub-section (3) for the words “Magistrate of First Class” thewords “Executive Magistrate” shall be substituted.
Union Territory of Chandigarh :- Same as in Punjab.
375. No appeal in certain cases when accused pleads
guilty:- Notwithstanding anything contained in Section 374, where an
accused person has pleaded guilty and has been convicted on such plea, there
shall be no appeal:–(a) if the conviction is by a High Court ; or(b) if the conviction is by a Court of Session, Metropolitan Magistrate orMagistrate of the first orsecond class, except as to the extent or legality of the sentence.
376. No appeal in petty cases:- Notwithstanding anything contained in
Section 374, there shall be no appeal by a convicted person in any of thefollowing cases, namely:(a) where a High Court passes only a sentence of imprisonment for a term notexceeding six months or offine not exceeding one thousand rupees, or of both such imprisonment andfine;(b) where a Court of Session or a Metropolitan Magistrate passes only asentence of imprisons for a term
not exceeding three months or of not exceeding two hundred rupees, or ofboth such imprisonment and fine;(c) where a Magistrate of the first class passes only a sentence of fine notexceeding one hundred rupees ;or(d) where, in a case tried summarily, a Magistrate empowered to act under
Section 260 passes onlya
sentence of fine not exceeding two hundred rupees:Provided that an appeal may be brought against such sentence if any otherpunishment is combined with it, but such sentence shall not be appealable
merely on the ground:–(i) that the person convicted is ordered to furnish security to keep the peace;or(ii) that a direction for imprisonment in default payment of fine is included in
the sentence; or(iii) that more than one sentence of fine is passed in the case, if the total
amount of fine imposed not exceed the amount hereinbefore specified in
respect of the case.
377. Appeal by the State Government against sentence:-(1)Save asotherwise provided in section (2), the State Government may, in any case of

conviction on a trial held by any Court other than a High Court, direct the
Public Prosecutor to present an appeal to the High Court against the sentenceon the ground of its inadequacy.
(2) If such conviction is in a case in which the offence has been investigated by
the Delhi Special Police Establishment, constituted under the Delhi Special
Police Establishment Act, 1946 (25 of 1946), or by any other agency
empowered to make investigation into an offence under any Central Act otherthan this Code, the Central Government may also direct the Public Prosecutor
to present an appeal to the High Court against the sentence on the ground of
its inadequacy.
(3) When an appeal has been filed against the sentence on the ground of its
inadequacy, the High Court shall not enhance the sentence except after giving
to the accused a reasonable opportunity of showing cause against suchenhancement and while showing cause; the accused may plead of his acquittal
or for the reduction of the sentence.
378. Appeal in case of acquittal :–(1) Save as otherwise provided in subsection (2) and subject to the provisions of sub-sections (3) and (5), the State
Government may, in any case, direct the Public Prosecutor to present an
appeal to the High Court from an original or appellate order of acquittal
passed by any Court other than a High Court, or an order of acquittal passedby the Court of Session in revision.
(2) If such an order of acquittal is passed in any case in which the offence has
been investigated by the Delhi Special Police Establishment constituted under
the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any otheragency empowered to make investigation into an offence under any Central
Act other than this Code, the Central Government may also direct the Public
Prosecutor to present an appeal, subject to the provisions of sub-section (3), tothe high Court from the order of acquittal.
(3) No appeal under sub-section (1) or sub-section (2) shall be entertained
except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted uponcomplaint and the High Court, on an application made to it by thecomplainant in this behalf, grants special leave to appeal from the order ofacquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave toappeal from an order of acquittal shall be entertained by the High Court after

the expiry of six months, where the complainant is a public servant, and sixty
days in every other case, computed from the date of that order of acquittal.
(6) If, in any case, the application under sub-section (4) for the grant of special
leave to appeal from an order of acquittal is refused, no appeal from that orderof acquittal shall lie under sub-section (1) or under sub-section (2).
379. Appeal against conviction by High Court in certain
cases:– Where the High Court has, on appeal, reversed an order of acquittal ofan accused person and convicted him and sentenced him to death or to
imprisonment for life or to imprisonment for a term of ten years or more, he
may appeal to the Supreme Court.
380. Special right of appeal in certain cases.- Notwithstanding
anything contained in this chapter, when more persons than one are convicted
in one trial, and an appealable judgement or order has been passed in respectof any of such persons, all or any of the persons convicted at such trial shallhave a right of appeal.
381. Appeal to Court of Session how heard:- (1) Subject to theprovisions of sub-section (2), an appeal to the Court of Session or Sessions
Judge shall be heard by the Sessions Judge or by an Additional Sessions
Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of
the second class may be heard and disposed of by an Assistant Sessions Judgeor a Chief Judicial Magistrate.
(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial
Magistrate shall hear only such appeals as the Sessions Judge of the divisionmay, by general or special order, make over to him or as the High Court may,by special order, direct him to hear.
382. Petition of appeal:- Every appeal shall be made in the form of apetition in writing presented by the appellant or his pleader, and every such
petition shall (unless the Court to which it is presented otherwise directs) be
accompanied by a copy of the judgement or order appealed against.
STATE AMENDMENTS
Andaman, Nicobar Island and Lakshadweep Island:- (I) Section 382
renumbered as sub-section (1), the following proviso shall be added to subsection (1) so renumbered:“Provided that where it is not practicable to file the petition of appeal to theproper Appellate Court, the petition of appeal may be presented to the
Administrator or to an Executive Magistrate not below the rank of a subdivisional Magistrate, who shall forward the same to the proper Appellate

Court; and, when any such appeal is presented to the Administrator or to an
Executive Magistrate, he shall record thereon the date of its presentation and,if he is satisfied that, by reason of the weather, transport or other difficulties, it
is not possible for the appellant to obtain, from the proper Appellate Court,
orders for the suspension of the sentence or for bail, he may, in respect of suchappeal, or an appeal forwarded to him under Section 383 exercise all or any ofthe powers of the proper Appellate Court under sub- section (1) of Section 389
with regard to suspension of sentence or release of a convicted person on bail:
Provided further that the order so made by the Administrator or the Executive
Magistrate shall have effect until it is reversed or modified by the proper
Appellate Court.
Explanation:– For the purposes of the provisos to this Section and Section
383, “Administrator” in relation to a Union Territory, means the
Administrator appointed by the President under Article 239 of theConstitution, for the Union Territory.
(i) After sub-section (1) so renumbered, the following sub-section (2) shall beinserted,
namely,–(2) For the purposes of computation of the period of limitation, and for allother purposes, an appeal presented to an Administrator or an Executive
Magistrate under sub-section (1) or, as the case may be, under section 383,
shall be deemed to be an appeal presented to the proper Appellate Court”.
Regulation 1 of 1974, w.e.f. 30-3-1974.
383. Procedure when appellant in jail:– If the appellant is in jail, hemay present his petition of appeal and the copies accompanying the same tothe officer in charge of the jail, who shall thereupon forward such petition andcopies to the proper Appellate Court.
STATE AMENDMENTS
Andaman, Nicobar Islands and Lakshadweep Islands:Insert the following words at the end:–“Or if, by reason of the weather, transport or other difficulties, it is notpossible to forward them to the proper Appellate Court, they shall be
forwarded to the Administrator or an Executive Magistrate, not below therank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of
appeal and copies, record thereon the date of receipt thereof and thereafterforward the same to the proper Appellate Court”. Regulation 1 of 1974, w.e.f.
30-3-1974.
384. Summary dismissal of appeal:–(1) If upon examining the petition of
appeal and copy of the judgement received under Section 382 or Section 383,
the Appellate Court considers that there is no sufficient ground for interfering,it may dismiss the appeal summarily:Provided that(a) no appeal presented under Section 382 shall be dismissed unless theappellant or his pleader has had a reasonable opportunity of being heard insupport of the same;(b) no appeal presented under Section 383 shall be dismissed except after
giving the appellant a reasonable opportunity of being heard in support of thesame, unless the Appellate Court considers, that the appeal is frivolous or thatthe production of the accused in custody before the Court would involve suchinconvenience as would be disproportionate in the circumstances of the case;(c) no appeal presented under Section 383 shall be dismissed summarily until
the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this Section, the Court may call for therecord of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a
Court of Session or of the Chief Judicial Magistrate, it shall record its reasonsfor doing so.
(4) Where an appeal presented under Section 383 has been dismissed
summarily under this section and the Appellate Court finds that anotherpetition of appeal duly presented under Section 382 on behalf of the sameappellant has not been considered by it, that Court may, notwithstanding
anything contained in Section 393, if satisfied that it is necessary in theinterests of Justice so to do, hear and dispose of such appeal in accordancewith law.
385. Procedure for hearing appeals not dismissed summarily :-(1)If
the Appellate Court does not dismiss the appeal summarily, it shall cause
notice of the time and place at which such appeal will be heard to be given:–(i) to the appellant or his pleader;(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgement of conviction in a case instituted uponcomplaint, to the complainant(iv) if the appeal is under Section 377 or Section 378, to the accused,and shall also furnish such officer, complainant and accused with a copy of thegrounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if suchrecord is not already available in the Court, and hear the parties:
Provided that if the appeal is only as to the extent of the legality of thesentence, the Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severityof the sentence, the appellant shall not, except with the leave of the Court,urge or be heard in support of any other ground.
386. Powers of the Appellate Court:- After perusing, such record andhearing the appellant or his pleader, if he appears, and the Public Prosecutor,
if he appears and in case of an appeal under Section 377 or Section 378, theaccused if he appears, the Appellate Court may, if it considers that there is no
sufficient ground for interfering, dismiss the appeal, or may:–(a) in an appeal from an order of acquittal, reverse such order and direct thatfurther inquiry be made, orthat the accused be re-tried or committed for trial, as the case may be, or findhim guilty and pass sentence on
him according to law.
(b) in an appeal from a conviction:–(i) reverse the finding and sentence and acquit or discharge the accused, ororder him to be re-tried by a
Court of competent jurisdiction subordinate to such Appellate Court orcommitted for trial, or(ii) after the finding, maintaining the sentence, or(iii) with or without altering the finding, alter the nature or the extent, or thenature and extent, of thesentence, but not so as to enhance the same–(c) in an appeal for enhancement of sentence:–(i) reverse the finding and sentence and acquit or discharge the accused ororder him to be re-tried
by a Court competent to try the offence, or(ii) after the finding maintaining the sentence, or(iii) with or without altering the finding, alter the nature or the extent, or, thenature and extent, ofthe sentence, so as to enhance or reduce the same;(d) in an appeal from any other order, alter or reverse such order;(e) make any amendment or any consequential or incidental order that may bejust or proper:
Provided that the sentence shall not be enhanced unless the accused has had
an opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment
for the offence which in its opinion the accused has committed, than might
have been inflicted for that offence by the Court passing the order or sentence
under appeal.
387. Judgements of Subordinate Appellate Court : – The rules
contained in Chapter XXVII as to the judgement of a Criminal Court oforiginal jurisdiction shall apply, so far as may be practicable, to the judgement
in appeal of a Court of Session or Chief Judicial Magistrate:
Provided that, unless the Appellate Court otherwise directs, the accused shallnot be brought up, or required to attend, to hear the judgement delivered.
388. Order of High Court on appeal to be certified to lower Court:(1) Whenever a case is decided on appeal by the High Court under this
Chapter, it shall certify its judgement or order to the Court by which thefinding, sentence or order appealed against was recorded or passed and if such
Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate,
the High Court’s judgement or order shall be sent through the Chief Judicial

Magistrate, and if such Court is that of an Executive Magistrate, the High
Court judgement or order shall be sent through the District Magistrate.
(2) The Court to which the High Court certifies its judgement or order shallthereupon make such orders as are comfortable to the judgement or order ofthe High Court, and if necessary, the record shall be amended in accordance
therewith.
389. Suspension of sentence pending the appeal; release ofappellant on bail:- (1) Pending any appeal by a convicted person, theAppellate Court may, for reasons to be recorded by it in writing, order that theexecution of the sentence or order appealed against be suspended and, also if
he is in confinement, that he be released on bail, or on his own bond.
(2) The power conferred by this section on a Appellate Court may be exercisedalso by the High Court in the case of an appeal by a convicted person to a
Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convictedthat he intends to present an appeal, the Court shall.–(i) where such person, being on bail, is sentenced to imprisonment for a term
not exceeding three years, or(ii) where the offence of which such person has been convicted is a bailable
one, and he is on bail,order that the convicted person be released on bail, unless there are special
reasons for refusing bail, for such period as will afford sufficient time topresent the appeal and obtain the orders of the Appellate Court under subsection (1), and the sentence of imprisonment shall, so long as he is so
released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or
to imprisonment for life, the time during which he is so released shall be
excluded in computing the term for which he is so sentenced.
390. Arrest of accused in appeal from acquittal.- When an appeal ispresented under Section 378, the High Court may issue a warrant directingthat the accused be arrested and brought before it or any Subordinate Court,
and the Court before which he is brought may commit him to prison pending
the disposal of the appeal or admit him to bail.

391. Appellate Court may take further evidence or direct it to betaken:(1) In dealing with any appeal under this Chapter, the Appellate Court, if it
thinks additional evidence to be necessary, shall record its reasons and may
either take such evidence itself, or direct it to be taken by a Magistrate, or,when the Appellate Court is a High Court, by a Court of Session or a
Magistrate.
(2) When the additional evidence is taken by the Court of Session or theMagistrate, it or he shall certify such evidence to the Appellate Court, and such
Court shall thereupon proceed to dispose of the appeal.
(3) The accused or his pleader shall have the right to be present when the
additional evidence is taken.
(4) The taking of evidence under this section shall be subject to the provisionsof Chapter XXIII, as if it were an inquiry.
392. Procedure where Judges of Court of Appeal are equallydivided:- When an appeal under this chapter is heard by a High Court before
a Bench of Judges and they are divided in opinion, the appeal, with theiropinions, shall be laid before another Judge of that Court, and that Judge,
after such hearing as he thinks fit, shall deliver his opinion, and the judgement
or order shall follow that opinion:
Provided that if one of the Judges constituting the Bench, or, where the appeal
is laid before another Judge under this section, that Judge, so requires, theappeal shall be re-heard and decided by a larger Bench of Judges.
393. Finality of judgements and orders on appeal:- Judgements andorders passed by an Appellate Court upon an appeal shall be final, except in
the cases provided for in Section 377, Section 378, sub-section (4) of Section
384 or Chapter XXX:
Provided that notwithstanding the final disposal of an appeal againstconviction in any case, the Appellate Court may hear and dispose of, on the
merits..–(a) an appeal against acquittal under Section 378, arising out of the same case,or(b) an appeal for the enhancement of sentence under Section 377, arising outof the same case.

394. Abatement of appeals :-(1) Every appeal under Section 377 or Section
378 shall finally abate on the death of the accused.
(2) Every other appeal under this chapter appeal from a sentence of fine shallfinally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of deathor of imprisonment, and the appellant dies during the pendency of the appeal,
any of his near relatives may, within thirty days of the death of the appellant,
apply to the Appellate Court for leave to continue the appeal; and if leave isgranted, the appeal shall not abate.
Explanation.- In this Section “near relative” means aparent, spouse, lineal
descendant, brother or sister.
CHAPTER XXX : REFERENCE AND REVISION
395. Reference to High Court:–(1) Where any Court is satisfied that a casepending before it involves a question as to the validity of any Act, Ordinanceor Regulation or of any provision contained in an Act, Ordinance orRegulation, the determination of which is necessary for the disposal of thecase, and is of opinion that such Act, Ordinance, Regulation or provision isinvalid or inoperative but has not been so declared by the High Court to whichthat Court is Subordinate or by the Supreme Court, the Court shall state a casesetting out its opinion and the reasons therefor, and refer the same for thedecision of the High Court.
Explanation– In this section, “Regulation” means any Regulation as definedin the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act ofa State.
(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit inany case pending before it or him to which the provisions of sub-section (1) do
not apply, refer for the decision of the High Court any question of law arisingin the hearing of such case.
(3) Any Court making a reference to the High Court under sub-section (1) or
sub-section (2) may, pending decision of the High Court thereon, either
commit the accused to jail or release him on bail to appear when called upon.
396. Disposal of case according to decision of High Court:-(1) When aquestion has been so referred, the High Court shall pass such order thereon as
it thinks fit, and shall cause a copy of such order to be sent to the Court bywhich the reference was made, which shall dispose of the case conformably tothe said order.
(2) The High Court may direct by whom the costs of such reference shall bepaid.

397. Calling for records to exercise powers of revision:-(1)The High
Court or any Sessions Judge may call for and examine the record of any
proceeding before any inferior Criminal Court situate within its or his local
jurisdiction for the purpose of satisfying itself or himself; to the correctness,legality or propriety of any finding, sentence or order, recorded or passed, andas to the regularity of any proceedings of such inferior Court, and may, whencalling, for such record, direct that the execution of any sentence or order besuspended, and if the accused is in confinement that he be released on bail oron his own bond pending the examination of the record.
Explanation:- All Magistrates, whether Executive or Judicial and whether
exercising original or appellate jurisdiction shall be deemed to be inferior to
the Sessions Judge for the purposes of this sub-section and of Section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercisedin relation to any interlocutor order passed in any appeal, inquiry, trial orother proceeding.
(3) If an application under this section has been made by any person either tothe High Court or to the Sessions Judge, no further application by the same
person shall be entertained by the other of them.
398. Power to order inquiry:- On examining any record under Section
397 or otherwise, the High Court or the Sessions Judge may direct the Chief
Judicial Magistrate by himself or by any of the Magistrates subordinate to him
to make, and the Chief Judicial Magistrate may himself make, or direct any
subordinate Magistrate to make, further inquiry into any complaint which has
been dismissed under Section 203 or sub-section (4) of Section 204, or into
the case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry
into the case of any person who has been discharged unless such person has
had an opportunity of showing cause why such direction should not be made.
399. Sessions Judge’s powers of revision : (1) In the case of any
proceeding the record of which has been called for by himself, the Sessions
Judge may exercise all or any of the powers which may be exercised by theHigh Court under sub-section (1) of Section 401.
(2) Where any proceeding by way of revision is commenced before a Sessions
Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5)of Section 401 shall, so far as may be, apply to such proceeding and referencesin the said sub-sections to the High Court shall be construed as references to
the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person
before the Sessions Judge, the decision of the Sessions Judge thereon in
relation to such person shall be final and no further proceeding by way ofrevision at the instance of such person shall be entertained by the High Courtor any other Court.
400. Power of Additional Sessions Judge.—An Additional Sessions
Judge shall have and may exercise all the powers of a Sessions Judge under
this chapter in respect of any case which may be transferred to him by orunder any general or special order of the Sessions Judge.
401. High Court’s powers of revision:–(1) In the case of any proceeding
the record of which has been called for by itself or which otherwise comes to
its knowledge the High Court may, in its discretion, exercise any of the powers
conferred on a Court of Appeal by Sections 386, 389, 390 and 391 or on a
Court of Session by Section 307, and, when the Judges composing the Court ofRevision are equally divided in opinion, the case shall be disposed of in themanner provided Section 392.
(2) No order under this section shall be made to the prejudice of the accusedor other person unless he has had an opportunity of being heard either
personally or by plead in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court toconvert a finding of acquittal into one conviction.
(4) Where under this Code an appeal lies and no appeal is brought, noproceeding by way of revision shall be entertained at the instance of the party
who could have, appealed.
(5) Where under this Code an appeal lies but an application for revision has
been made to the High Court by any person and the High Court is satisfied
that such application was made under the erroneous belief that no appeal lies
thereto and that it is necessary in the interests of Justice so to do, the High
Court may treat the application for revision as a petition of appeal and deal
with the same accordingly.
402. Power of High Court to withdraw or transfer revision cases:–(1) Whenever one or more persons convicted at the same trial makes or makeapplication to a High Court for revision and any other person convicted at thesame trial makes an application to the Sessions Judge for revision, the High
Court shall decide, having regard to the general convenience of the parties andthe importance of the questions involved, which of the two Courts should
finally dispose of the applications for revision and when the High Courtdecides that all the applications for revision should be disposed of by itself, theHigh Court shall direct that the applications for revision pending before theSessions Judge be transferred to itself and where the High Court decides that
it is not necessary for it to dispose of the applications for revision, it shalldirect that the applications for revision made to it be transferred to theSessions Judge.
(2) Whenever any application for revision is transferred to the High Court,that Court shall deal with the same as if it were an application duly madebefore itself.
(3) Whenever any application for revision is transferred to the Sessions Judge,that Judge shall deal with the same as if it were an application duly madebefore himself.
(4) Where an application for revision is transferred by the High Court to theSessions Judge, no further application for revision shall lie to the High Court
or to any other Court at the instance of the person or persons whose
application for revision have been disposed of by the Sessions Judge.
403. Option of Court to hear parties.- Save as otherwise expressly
provided by this Code, no party has any right to be heard either personally orby pleader before any Court exercising its powers of revision, but the Court
may if it thinks fit, when exercising such powers, hear any party either
personally or by pleader.
404. Statement by Metropolitan Magistrate of grounds of his
decision to be considered by High Court: When the record of any trial
held by a Metropolitan Magistrate is called for by the High Court or Court ofSession under Section 397, the Magistrate may submit with the record astatement setting forth the grounds of his decision or order and any facts
which he thinks material to the issue, and that Court shall consider suchstatement before overruling or setting aside the said decision or order.
405. High Court’s order to be certified to lower Court:– When a caseis revised under this Chapter by the High Court or a Sessions Judge, it or heshall, in the manner provided by Section 388, certify its decision or order tothe Court by which the finding, sentence or order revised was recorded or
passed, and the Court to which the decision or order is so certified shallthereupon-make such orders as are conformable to the decision so certified,and, if necessary, the record shall be amended in accordance therewith.
CHAPTER XXXI : TRANSFER OF CRIMINAL CASES
406. Power of Supreme Court to transfer cases and appeals:(1) Whenever it is made to appear to the Supreme Court that an order underthis section is expedient for the ends of justice, it may direct that any
particular case or appeal be transferred from one High Court to another High
Court or from a Criminal Court subordinate to one High Court to another
Criminal Court of equal or superior jurisdiction subordinate to another High
Court.
(2) The Supreme Court may act under this section only on the application of
the Attorney-General of India or of a party interested, and every suchapplication shall be made by motion, which shall, except when the applicant is
the Attorney-General of India or the Advocate-General of the State, be
supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by thissection is dismissed, the Supreme Court may, if it is of opinion that theapplication was frivolous or vexatious, order the applicant to pay by way ofcompensation to any person who has opposed the application such sum notexceeding one thousand rupees as it may consider appropriate in thecircumstances of the case.
407. Power of High Court to transfer cases and appeals:-(1)Whenever
it is made to appear to the High Court:–(a) that a fair and impartial inquiry or trial cannot be had in any Criminal
Court subordinate thereto, or(b) that some question of law of unusual difficulty is likely to arise, or(c) that an order under this section is required by any provision of this Code,or will tend to the general convenience of the parties or witnesses, or isexpedient for the ends of justice,
it may order —(i) that any offence be inquired into or tried by any Court not qualified under
Sections 177 to 185 (bothinclusive), but in other respects competent to inquire into or try such offence;(ii) that any particular case or appeal, or class of cases or appeals, betransferred from a Criminal Court
subordinate to its authority to any other such Criminal Court of equal orsuperior jurisdiction;(iii) that any particular case be committed for trial to a Court of Session; or(iv) that any particular case or appeal be transferred to and tried before itself(2) The High Court may act either on the report of the lower Court, or on theapplication of a party interested, or on its own initiative:
Provided that no application shall lie to the High Court for transferring a casefrom one Criminal Court to another Criminal Court in the same sessions
division, unless an application for such transfer has been made to the Session
Judge and rejected by him.
(3) Every application for an order under sub section (1) shall be made bymotion, which shall, excel when the applicant is the Advocate-General of theState, be supported by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may
direct him to execute a bond, with or without sureties, for the payment of any
compensation which the High Court may award under sub-section (7)(5) Every accused person making such application shall give to the Public
Prosecutor notice in writing of the application, together with a copy of thegrounds on which it is made, and no order shall be made on the merits of theapplications unless at least twenty-four hours have elapsed between the givingof such notice and the hearing of the application.
(6) Where the application is for the transfer of a case or appeal from any
Subordinate Court, the High Court may if it is satisfied that it is necessary soto do in the interest of Justice, order that, pending the disposal of theapplication the proceedings in the Subordinate Court shall be stayed, on suchterms as the High Court may think fit to impose:
Provided that such stay shall not affect the Subordinate Court’s power ofremand under Section 309.
(7) Where an application for an order under sub-section (1) is dismissed, theHigh Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to any person
who has opposed the application such sum not exceeding one thousand rupees
as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case betransferred from any Court for trial before itself, it shall observe in such trial
the same procedure which that Court would have observed if the case had notbeen so transferred.

(9) Nothing in this section shall be deemed to affect any order of Government
under Section 197.
408. Power of Sessions Judge to transfer cases and appeals:-(1)Whenever it is made to appear to a Sessions Judge that an order under thissub-section is expedient for the ends of justice, he may order that any
particular case be transferred from one Criminal Court to another Criminal
Court in his Sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on
the application of a party interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6) (7) and (9) of Section 407
shall apply in relation to an application to the Session, Judge for an orderunder sub-section (1) as they apply in relation to an application to High Court
for an order under sub-sec. (1) of Section 407 except that sub-section (7) ofthat section shall so apply as if for the words, “one thousand rupees” occurring
therein the words “two hundred and fifty rupees” were substituted.
409. Withdrawal of cases and appeals by Session Judge: –(1) A
Sessions Judge may withdraw any case or appeal from, or recall any case orappeal which he has made over to, any Assistant Sessions Judge or Chief
Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal hascommenced before the Additional Sessions Judge, a Sessions Judge may recall
any case appeal which he has made over to any Additional Session Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under subsection (1) or sub-section (2), he may either try the case in his own Court orhear the appeal himself, or make it over in accordance with the provision ofthis Code to another Court for trial or hearing, as the case may be.
410. Withdrawal of cases by Judicial Magistrate:- (1)Any Chief
Judicial Magistrate may withdraw any case from, or recall any case which hehas made over to, any Magistrate subordinate to him, and may inquire into or
try such case himself, or refer it for inquiry or trial to any other such
Magistrate competent to inquire into or try the same.
(2) Any Judicial Magistrate may recall any case made over by him under subsection (2) of Section 192 to any other Magistrate and may inquire into or try
such case himself.
411. Making over or withdrawal of cases by Executive
Magistrates.- Any District Magistrate or Sub- Divisional Magistrate may —(a) make over, for disposal, any proceeding which has been started before him,
to any Magistrate
subordinate to him;(b) withdraw any case from, or recall any case which he has made over to, any
Magistrate subordinate tohim and dispose of such proceeding himself, or refer it for disposal to any
other Magistrate.
412. Reasons to be recorded:- A Sessions Judge or Magistrate making anorder under Section 408, Section 409, Section 410 or Section 411 shall record
his reasons for making it.
CHAPTER XXXII : EXECUTION, SUSPENSION, REMISSION AND
COMMUTATION OF SENTENCES
A – Death Sentences
413. Execution of order passed under Section 368.- When in a casesubmitted to the High Court for the confirmation of a sentence of death, theCourt of Session receives the order of confirmation or other order of the High
Court thereon, it shall cause such order to be carried into effect by issuing awarrant or taking such other steps as may be necessary.
414. Execution of sentence of death passed by High Court:- When asentence of death is passed by the High Court in appeal or in revision, theCourt of Session shall, or receiving the order of the High Court, cause thesentence to be carried into effect by issuing a warrant.
415. Postponement of execution of sentence of death in case of
appeal to Supreme Court:- (1) Where a person is sentenced to death by
the High Court and an appeal from its judgement lies to the Supreme Court
under sub-clause (a) or sub-clause (b) of Clause (1) of Article 134 of theConstitution, the High Court shall order the execution of the sentence to be
postponed until the period allowed for preferring such appeal has expired, or
if an appeal is preferred within that period, until such appeal is disposed of.
(2) Where a sentence of death is passed or confirmed by the High Court, andthe person sentenced makes an application to the High Court for the grant of acertificate under Article 132 or under sub-clause (c) of Clause (1) of Article 134of the Constitution, the High Court shall order the execution of the sentence tobe postponed until such application is disposed of by the High Court or if acertificate is granted on such application, until the period allowed forpreferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, andthe High Court is satisfied that the person sentenced intends to present apetition to the Supreme Court for the grant of special leave to appeal under
Article 136 of the Constitution, the High Court shall order the execution of thesentence to be postponed for such period as it considers sufficient to enable
him to present such petition.
416. Postponement of capital sentence on pregnant woman.- If awoman sentenced to death is found to be pregnant, the High Court shall order
the execution of the sentence to be postponed, and may, if it thinks fit,commute the sentence to imprisonment for life.
CODE OF CRIMINAL PROCEDURE, 1973
B – Imprisonment
417. Power to appoint place of imprisonment:- (1)Except whenotherwise provided by any law for the time being in force, the State
Government may direct in what place any person liable to be imprisoned orcommitted to custody under this Code shall be confined.
(2) If any person liable to be imprisoned or committed to custody under thisCode is in confinement in a civil jail, the Court or Magistrate ordering theimprisonment or committal may direct that the person be removed to acriminal jail:(3) When a person is removed to a criminal jail under sub-section (2) he shall,on being released therefrom, be sent back to the civil jail, unless either,–(a) three years have elapsed since he was removed to the criminal jail, in
which case he shall be deemed
to have been released from the civil jail under Section 58 of the Code of Civil
Procedure, 1908 (5 of 1908),
or Section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the casemay be, or(b) the Court which ordered his imprisonment in the civil jail has certified tothe officer in charge of thecriminal jail that he is entitled to be released under Section 58 of the Code ofCivil Procedure, 1908 (5 of 1908), or
under Section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the casemay be.

418. Execution of sentence of imprisonment:-(1) Where the accused issentenced to imprisonment for, life or to imprisonment for a term in cases
other than those provided for by Section 413, the Court passing the sentence
shall forthwith forward a warrant to the jail or other place in which he is, or is
to be, confined, and, unless the accused is already confined in such jail orother place, shall forward him to such jail or other place, with the warrant:
Provided that where the accused is sentenced to imprisonment till the rising of
the Court, it shall not be necessary to prepare or forward a warrant to a jail,and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such
imprisonment as is mentioned in sub-section (1), the Court shall issue awarrant for his arrest for the purpose of forwarding him to the jail or otherplace in which he is to be confined; and in such case, the sentence shallcommence on the date of his arrest.
419. Direction of warrant for execution:- Every warrant for the
execution of a sentence of imprisonment shall be directed to the officerin
charge of the jail or other place in which the prisoner is, or is to be, confined.
420. Warrant with whom to be lodged:- When the prisoner is to be
confined in jail, the warrant shall be lodged with the jailor.
C – Levy of fine421. Warrant for levy of fine-.-(1) When an offender has been sentenced
to pay a fine, the Court passing the sentence may take action for the recoveryof the fine in either or both of the following ways, that is to say, it may,(a) issue a warrant for the levy of the amount by attachment and sale of any
movable property
belonging to the offender;(b) issue a warrant to the Collector of the district, authorising him to realise
the amount as arrears of land revenue from the movable or immovable
property, or both, of the defaulter:
Provided that, if the sentence directs that in default of payment of the fine, theoffender shall be imprisoned, and if such offender has undergone the whole ofsuch imprisonment in default, no Court shall issue such warrant unless, for
special reasons to be recorded in writing, it considers it necessary so to do, or
unless, it has made an order for the payment of expenses or compensation outof the fine under Section 357.

(2) The State Government may make rules regulating the manner in which
warrants under Clause (a) of sub-section (1) are to be executed, and for thesummary determination of any claims made by any person other than theoffender in respect of any property attached in execution of such warrant.
(3) Where the Court issues a warrant to the Collector under Clause (b) of subsection (1), the Collector shall realise the amount in accordance with the law
relating to recovery of arrears of land revenue, as if such warrant were acertificate issued under such law:
Provided that no such warrant shall be executed by the arrest or detention inprison of the offender.
422. Effect of such warrant:- A warrant issued under Clause (a) of subsection (1) of Section 421 by any Court may be executed within the local
jurisdiction of such Court, and it shall authorise the attachment and sale ofany such property outside such jurisdiction, when it is endorsed by the District
Magistrate within whose local jurisdiction such property is found.
423. Warrant for levy of fine issued by a Court in any territory towhich this Code does not extend:- Notwithstanding anything contained inthis Code or in any other law for the time being in force, when an offender has
been sentenced to pay a fine by a Criminal Court in any territory to which thisCode does not extend and the Court passing the sentence issued a warrant to
the Collector of a district in the territories to which this Code extends,
authorising him to realise the amount as if it were an arrears of land revenue,
such warrant shall be deemed to be a warrant issued under Clause (b) of subsection (1) of Section 421 by a Court in the territories to which this Codeextends, and the provisions of sub-section (3) of the said section as to the
execution of such warrant shall apply accordingly.
424. Suspension of execution of sentence of imprisonment: –(1)When
an offender has been sentenced to fine only and to imprisonment in default of
payment of the fine, and the fine is not paid forthwith, the Court may(a) order that the fine shall be payable either in full on or before a date notmore than thirty days from thedate of the order, or in two or three instalments, of which the first shall bepayable on or before a date notmore than thirty days from the date of the order and the other or others at aninterval or at intervals, as thecase may be, of not more than thirty days.

(b) suspend the execution of the sentence of imprisonment and release theoffender, on the execution by
the offender of a bond, with or without sureties, as the Court thinks fit,
conditioned for his appearance before
the Court on the date or dates on or before which payment of the fine or the
instalments thereof, as the casemay be, is to be made, and if the amount of the fine or of any instalment, as
the case may be, is not realisedon or before the latest date on which it is payable under the order, the Court
may direct the sentence ofimprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case inwhich an order for the payment of money has been made on non-recovery ofwhich imprisonment may be awarded and the money is not paid forthwith,
and, if the person against whom the order has been made, on being required
to enter into a bond such as is referred to in that sub-section, fails to do so, theCourt may at once pass sentence of imprisonment.
D – General provisions regarding execution
425. Who may issue warrant:- Every warrant for the execution of asentence may be issued either by the Judge or Magistrate who passed thesentence, or by his successor-in-charge.
426. Sentence on escaped convict when to take effect:- (1) When asentence of death, imprisonment for life or fine is passed under this Code on
an escaped convict, such sentence shall, subject to the provisions hereinbefore
contained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed under this Code on
an escaped convict(a) if such sentence is severer in kind than the sentence which such convict
was undergoing when he escaped, the new sentence shall take effectimmediately;(b) if such sentence is not severer in kind than the sentence which such convict
was undergoing when he escaped, the new sentence shall take effect after hehas suffered imprisonment for a further period equal to that which, at the timeof his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment
shall be deemed to be severer in kind than a sentence of simple imprisonment.
427. Sentence on offender already sentenced for another offence:(1) When a person already undergoing a sentence on a subsequent conviction
to imprisonment or imprisonment for life, such imprisonment or
imprisonment for life shall commence at the expiration of the imprisonment
to which he has been previously sentenced, unless the Court directs that thesubsequent sentence shall run concurrently with such previous sentence:
Provided that where a person who has been sentenced to imprisonment by anorder under Section 122 in default of furnishing security is, whilst undergoingsuch sentence, sentenced to imprisonment for an offence committed prior tothe making of such order, the latter sentence shall commence immediately.
(2) When a person already undergoing a sentence of imprisonment for life issentenced on a subsequent conviction to imprisonment for a term or
imprisonment for life, subsequent sentence shall run concurrently with suchprevious sentence.
STATE AMENDMENT
Tamilnadu :– Insert the following sub-section after sub- section (I):–“(IA) Notwithstanding anything contained in sub-section (1), when a person
already undergoing a sentence of imprisonment is sentenced on a subsequentconviction to imprisonment under sub-section (2) of Section 380 of the Indian
Penal Code (Central Act XLV of 1860), for an offence of theft of any idol oricon in any building used as a place of worship, such imprisonment shallcommence at the expiration of the imprisonment to which he has beenpreviously sentenced” – T.N. Act 28 of 1993.
428. Period of detention undergone by the accuser to be set off
against the sentence of imprisonment:- Where an accused person has, onconviction, been sentenced to imprisonment for a term, not being
imprisonment in default of payment of fine, the period of detention, if any
undergone by him during the investigation, inquiry or trial of the same caseand before the date of such conviction, shall be set off against the term of
imprisonment imposed on him on such conviction, and the liability of such
person to undergo imprisonment on such conviction shall be restricted to theremainder, if any, of the term of imprisonment imposed on him.
429. Saving.— (1) Nothing in Section 426 or Section 427 shall be held to
excuse any person from any part of the punishment to which he is liable upon
his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed
to a substantive sentence of imprisonment and the person undergoing thesentence is after its execution to undergo a further substantive sentence orfurther substantive sentences of imprisonment, effect shall not be given to theaward of imprisonment in default of payment of the fine until the person has
undergone the further sentence or sentences.
430. Return of warrant on execution of sentence:- When a sentence
has been fully executed, the officer executing it shall return the warrant to the
Court from which it is issued, with an endorsement under his hand certifying
the manner in which the sentence has been executed.
431. Money ordered to be paid recoverable as a fine:–Any money(other than a fine) payable by virtue of any order made under this Code, andthe method of recovery of which is not otherwise expressly provided for, shallbe recoverable as if it were a fine:
Provided that Section 421 shall, in its application to an order under Section
359, by virtue of this section, be construed as if in the proviso to sub-section(1) of Section 421, after the words and figures “under Section 357″, the words
and figures “or an order for payment of costs under Section 359″ had been
inserted.
E – Suspension, remission and commutation of sentences
432. Power to suspend or remit sentences:- (1) When any person has
been sentenced to punishment for an offence, the appropriate Government
may, at any time, without conditions or upon any conditions which the person
sentenced accepts, suspend the execution of his sentence or remit the whole or
any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for thesuspension or remission of a sentence, the appropriate Government may
require the presiding Judge of the Court before or by which the conviction was
had or confirmed, to state his opinion as to whether the application should be
granted or refused, together with his reasons for such opinion and also to
forward with the statement of such opinion a certified copy of the record of thetrial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, inthe opinion of the appropriate Government, not fulfilled, the appropriate
Government may, cancel the suspension or remission, and thereupon the
person in whose favour the sentence has been suspended or remitted may, if
at large, be arrested by any police officer, without warrant and remanded toundergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under thissection may be one to be fulfilled by the person in whose favour the sentence issuspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give
directions as to the suspension of sentences and the conditions on which
petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine)passed on a male person above the age of eighteen years, no such petition by
the person sentenced or by any other person on his behalf shall beentertained, unless the person sentenced is in jail, and —(a) where such petition is made by the person sentenced, it is presented
through the officer in charge ofthe jail; or(b) where such petition is made by any other person, it contains a declarationthat the person sentenced isin jail.
(6) The provisions of the above sub-sections shall also apply to any order
passed by a Criminal Court under any section of this Code or of any other law,which restricts the liberty of any person or imposes any liability upon him or
his property.
(7) In this section and in Section 433, the expression “appropriate
Government” means,–(a) in cases where the sentence is for an offence against, or the order referred
to in sub-section (6) ispassed under, any law relating to a matter to which the executive power of theUnion extends, the Central
Government;(b) in other cases, the Government of the State within which the offender issentenced or the said order is passed.
E – Suspension, remission and commutation of sentences

433. Power to commute sentence:- The appropriate Government may,without the consent of the person sentenced, commute —(a) a sentence of death, for any other punishment provided by the Indian
Penal Code (45 of 1860);(b) a sentence of imprisonment for life, for imprisonment for a term notexceeding fourteen years or for fine;(c) a sentence of rigorous imprisonment, for simple imprisonment for any
term to which that person might have been sentenced, or for fine;(d) a sentence of simple imprisonment, or fine.
433A. Restriction on powers of remission or commutation incertain cases:- Notwithstanding anything contained in Section 432, where asentence of imprisonment for life is imposed on conviction of a person for an
offence for which death is one of the punishments provided by law, or where asentence of death imposed on a person has been commuted under Section 433
into one of imprisonment for life, such person shall not be released fromprison unless he had served at least fourteen years of imprisonment.
434. Concurrent power of Central Government in case of death
sentences:– The powers conferred by Sections 432 and 433 upon the State
Government may, in the case of sentences of death, also exercised by theCentral Government.
435. State Government to act after consultation with Central
Government in certain cases:- (1) The powers conferred by Sections 432
and 433 upon the State Government to remit or commute a sentence, in any
case where the sentence is for an offence —(a) which was investigated by the Delhi Special Police Establishment
constituted under the Delhi Special
Police Establishment Act, 1946, (25 of 1946), or by any other agency
empowered to make investigation into
an offence under any Central Act other than this Code, or(b) which involved the misappropriation or destruction of, or damage to, any
property belonging to theCentral Government, or(c) which was committed by a person in the service of the Central Government
while acting or purportingto act in the discharge of his official duty,
shall not be exercised by the State Government except after consultation with
the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by
the State Government in relation to a person, who has been convicted ofoffences, some of which relate to matters to which the executive power of theUnion extends, and who has been sentenced to separate terms ofimprisonment which are to run concurrently, shall have effect unless an orderfor the suspension, remission or commutation, as the case may be, of suchsentences has also been made by the Central Government in relation to theoffences committed by such person with regard to matters to which theexecutive power of the Union extends.
CHAPTER XXXIII : PROVISIONS AS TO BAIL AND BONDS
436. In what cases bail to be taken:—(1) When any person other than aperson accused of a non-bailable offence is arrested or detained without
warrant by an officer in charge of a police station, or appears or is brought
before a Court, and is prepared at any time while in the custody of such officer
or at any stage of the proceeding before such Court to give bail, such person
shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, instead of taking
bail from such person, discharge him on his executing a bond without sureties
for his appearance as hereinafter provided:Provided further that nothing in this section shall be deemed to affect theprovisions of sub-section (3) of Section 116 or Section 446A.
(2) Notwithstanding anything contained in sub-section (1), where a person has
failed to comply with the conditions of the bail bond as regards the time andplace of attendance, the Court may refuse to release him on bail, when on asubsequent occasion in the same case he appears before the Court or isbrought in custody and any such refusal shall be without prejudice to thepowers of the Court to call upon any person bound by such bond to pay thepenalty thereof under Section 446.
STATE AMENDMENTS
Uttar Pradesh:– In sub-section, in first proviso for the word “discharge” theword “release” shall be substituted – I.P Act 1 of 1984 w.e.f. 1-5-1984.
437. When bail may be taken in case of non bailable offence:- (1)When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer-incharge of a police station or appears or is brought before a Court other thanthe High Court or Court of session, he may be released on bail, but(i) such person shall not be so released if there appears reasonable grounds forbelieving that he has
been guilty of an offence punishable with death or imprisonment for life;(ii) such person shall not be so released if such offence is a cognizable offenceand he has beenpreviously convicted of an offence punishable with death, imprisonment forlife or imprisonment for sevenyears or more, or he had been previously convicted on two or more occasionsof a non-bailable andcognizable offence:
Provided that the Court may direct that a person referred to in clause (1) ofclause (ii) be released on bail if such person is under the age of sixteen years or
is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to inclause (ii) be released on bail if it is satisfied that it is just and proper so to do
for any other special reason:
Provided also that the mere fact that an accused person may be required forbeing identified by witnesses during investigation shall not be sufficientground for refusing to grant bail if he is otherwise entitled to be released onbail and gives an undertaking that he shall comply with such directions as may
be given by the Court.
(2) If it appears to such officer or Court at any stage of the investigation,
inquiry or trial, as the case may be, that there are no reasonable grounds forbelieving that the accused has committed a non-bailable offence, but there aresufficient grounds for further inquiry into his guilt, the accused shall, subject
to the provisions of Section 446A and pending such inquiry, be released onbail, or, at the discretion of such officer or Court, on the execution by him of abond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence
punishable with imprisonment which may extend to seven years or more or of

an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal
Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, anysuch offence, is released on bail under sub-section (1), the Court may impose
any condition which the Court considers necessary,(a) in order to ensure that such person shall attend in accordance with theconditions of the bondexecuted under this Chapter, or(b) in order to ensure that such person shall not commit an offence similar tothe offence of which he isaccused or of the commission of which he is suspected, or(c) otherwise in the interests of Justice.
(4) An officer or a Court releasing any person on bail under sub-section (1) or
sub-section (2), shall record in writing his or its reasons or special reasons, forso doing.
(5) Any Court which has released a person on bail under sub-section (1) or
sub-section (2), may, if it considers it necessary so to do, direct that such
person be arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any
non-bailable offence is not concluded within a period of sixty days from thefirst date fixed for taking evidence in the case, such person shall, if he is incustody during the whole of the said period, be released on bail to thesatisfaction of the Magistrate, unless for reasons to be recorded in writing, theMagistrate otherwise directs.
(7) If, at any time, after the conclusion of the trial of a person accused of a
non-bailable offence and before judgement is delivered, the Court is of opinion
that there are reasonable grounds for believing that the accused is not guilty of
any such offence, it shall release the accused, if he is in custody, on theexecution by him of a bond without sureties for his appearance to hearjudgement delivered.
CASE LAW
Guiding factors for granting or refusing bail. MR 1979 SC 1360 = M9 Cr LJ
1036 = i 984 (3) SCC 555 = 1984 Cr. LJ 1211.

STATE AMENDMENT
Punjab –In Sec. 437, after sub-sec. (7), the following sub-sec (8) shall be
added, namely —“(8) Before releasing the accused on bail under sub-section (1) or sub-section(2), the Court shall give the prosecution a reasonable opportunity to showcause against such release.” Punj: Act 22 of 1983, w.e.f. 27-6-1983.
Union Territory of Chandigarh – Same as in Punjab.
438. Direction for grant of bail to person apprehending arrest:—(1)When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to theHigh Court or the Court of Sessions for a direction under this section, and that
Court may, if it thinks fit, direct that in the event of such arrest, he shall be
released on bail.
(2) When the High Court or the Court of Sessions makes a direction undersub-section (1), it may include such conditions in such direction in the light of
the facts of the particular case, as it may think fit, including(i) a condition that the person shall make himself available for interrogation
by a police officer as andwhen required;(ii) a condition that the person shall not, directly or indirectly, make any
inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him fromdisclosing such facts to the
Court or to any police officer;(iii) a condition that the person shall not leave India without the previous
permission of the Court;(iv) such other condition as may be imposed under sub-section (3) of section
437, as if the bail were
granted under that section.
(2) If such person is thereafter arrested without warrant by an officer incharge of a police station on such

accusation, and is prepared either at the time of arrest or at any time while inthe custody of such officer togive bail, he shall be released on bail, and if a Magistrate taking cognizance ofsuch offence decides that awarrant should be issued in the first instance against that person, he shallissue a bailable warrant in
confirmity with the direction of the Court under sub-section (1).
STATE AMENDMENTS
Maharashtra:- Substitute the following section for section 438:“438 Direction for grant of bail to person apprehending arrest:– (1) When any
person has reason to believe that he may be arrested on an accusation of
having committed a non-bailable offence, he may apply to the High Court or
the Court of sessions for a direction under this section that in the event of sucharrest, he shall be released on bail, and that Court may, after taking into
consideration, inter alia, the following factors:(i) the nature and gravity or seriousness of the accusation as apprehended by
the applicant;(ii) the antecedents of the applicant including the fact as to whether he has, onconviction by a Court,
previously undergone imprisonment for a term in respect of any cognizableoffence;(iii) the likely object of the accusation to humiliate or malign the reputation of
the of the applicant by
having him so arrested, and(iv) the possibility of the applicant, if granted anticipatory bail, fleeing fromjustice;either reject the application forthwith or issue an interim order for the grant of
anticipatory bail:
Provided that, where the High Court or as the case may be, the Court ofSessions, has not passed any interim order under this sub-section or has
rejected the application for grant of anticipatory bail, it shall be open to anofficer in charge of a police station to arrest, without warrant the applicant on
the basis of the accusation apprehended in such application.
(2) Where the High Court or, as the case may be, the Court of Session,considers it expedient to issue an interim order to grant anticipatory bailunder sub-section (1) the Court shall indicate therein the date, on which theapplication for grant of, anticipatory bail shall be finally heard for passing anorder thereon, as the Court may deem fit and if the Court passes any order
granting anticipatory bail, such order shall include inter alia the following
conditions, namely:(i) that the applicant shall make himself available for interrogation by a police
officer as and when required;(ii) that the applicant shall not, directly or indirectly, make any inducement,
threat or promise to any person
acquainted with the facts of the accusation against him so as to dissuade himfrom disclosing such facts to
the Court or to any police officer;(iii) that the applicant shall not leave India without the previous permission of
the Court; and(iv) such other condition as may be imposed under sub- section (3) of Section
437 as if the bail was
granted under that section.
(3) Where the Court grants an interim order under sub-section (1), it shallforthwith cause a notice, being not less than seven days’ notice, together with acopy of such order to be served on the Public Prosecutor and theCommissioner of Police, or as the case may be, the concerned Superintendentof Police, with a view to give the Public Prosecutor a reasonable opportunity of
being heard when the application shall be finally heard by the Court.
(4) The presence of the applicant seeking anticipatory bail shall be obligatory
at the time of final hearing of the application and passing of final order by the
Court if on an application made to it by the Public Prosecutor, the Court
considers such presence necessary in the interest of Justice.

(5) On the date indicated in the interim order under sub-section (2), the Court
shall hear the Public Prosecutor and the applicant and after due considerationof their contentions, it may either confirm, modify or cancel the interim ordermade under sub-section (1)” Maharashtra Act XXIV of 1993.
Orissa the following proviso after sub-section (I):“Provided that where the apprehended accusation relates to an offence
punishable with death imprisonment for life or imprisonment for a term of
not less than seven years, no final order shall be made on such application
without giving the State notice to present its case”. Orissa Act 11 of 1988, w.e.f
22-7-1988.
Uttar Pradesh :- Section 438 shall be omitted. – U.P. Act 16 of 1976, w.e.f. 15-1976.
West Bengal :- Substitute the following, for sub-section. (I):“(1) (a) When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to theHigh Court or the Court of Sessions for a direction under this section that in
the event of such arrest, he shall be released on bail:
Provided that the mere fact that a person has applied to the High Court or the
Court of sessions for a direction under this section shall not, in the absence of
any order by that Court, be a bar to the apprehension of such person, or thedetention of such person in custody, by an officer in charge of a police station.
(b) The High Court or the Court of Sessions, as the case may be, shall disposeof an application for a direction under this sub-section within thirty days ofthe date of such application:
Provided that where the apprehended accusation relates to an offence
punishable with death, imprisonment for life or imprisonment for a term of
not less than seven years, no final order shall be made on such application
without giving the State not less than seven days’ notice to present its case.
(c) If any person is arrested and detained in custody by an officer in charge ofa police station before the disposal of the application of such person for a
direction under ” sub-section, the release of such person on bail by a Court
having jurisdiction pending such be subject to the provision of section 437.
(IA) The provisions of sub-section (1) shall have effect notwithstanding
anything to the contrary contained elsewhere in this Act or in any judgement,
decree or any Court, Tribunal or other Authority.” W.B. Act 25 of 1990.

439. Special powers of High Court or Court of Sessions regarding
bail: (1) A High Court or Court of Sessions may direct,(a) that any person accused of an offence and in custody be released on bail,and if the offence is of thenature specified in sub-section (3) of Section 437, may impose any condition
which it considers necessary forthe purposes mentioned in that sub-section;(b) that any condition imposed by a Magistrate when releasing any person onbail be set aside or modified:
Provided that the High Court or the Court of Sessions shall, before granting
bail to a person who is accused of an offence which is triable exclusively by the
Court of Sessions or which, though not so triable, is punishable withimprisonment for life, give notice of the application for bail to the Public
Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it
is not practicable to give such notice.
(2) A High Court or Court of Sessions may direct that any person who has
been released on bail under this chapter be arrested and commit him tocustody.
STATE AMENDMENTS
Punjab:- After sec. 439 the following shall be inserted, namely,“439 A. Notwithstanding anything contained in this Code, no person(a) who, being accused or suspected of committing an offence under any of thefollowing sections namely – Sections 120-B, 121, 121-A, 122, 123, 134-A, 153-A,
302, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 412, 431, 436,
449 and 450 of the Indian Penal Code, 1860, Sections 3,4,5 and 6 of the
Explosive Substances Act, 1908, and Sections 25,26,27,28,29,30 and 31 of theArms Act, 1959, is arrested or appears or is brought before a Court;OR(b) who, having any reason to believe that he may be arrested on accusation ofcommitting an offence as specified in Clause (a), has applied to the High Courtor the Court of Session for a direction for his release on bail in the event of his
arrest, shall be released on bail or, as the case may be, directed to be releasedon bail, except on one or more of the following grounds, namely:-

(i) that the Court including the High Court or the Court of Session for reasons
to be recorded in writing is satisfied that there are reasonable grounds forbelieving that such person is not guilty of any offence specified in Clause (a);(ii) that such person is under the age of sixteen years or a woman or a sick or
an infirm person;(iii) that the Court including the High Court or the Court of Session forreasons to be recorded in writing is satisfied that there are exceptional andsufficient grounds to release or direct the release of the accused on bail”.
Punjab Act, 22 of 1983, w.e.f 27-6-1993.
Union Territory of Chandigarh .- Same as in Punjab.
Tripura :– Insert Section 439A, after Section 439.
“439A. Power to grant bail :- Notwithstanding anything contained in thisCode, no person(a) who being accused of or suspected of committing an offence under
Sections 120B, 121, 121A, 122, 123, l24A, 153A, 302, 303, 304, 307, 326, 333,
364, 365, 366, 366A, 366B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397,
399, 412, 436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or
Sections 25, 26, 27, and 28 of the Arms Act, 1959 (54 of 1959) or Sections 3, 4,
5 and 6 of the Explosives Substances Act, 1908 (VI of 1908), is arrested orappears or is brought before a Court;OR(b) who having any reason to believe that he may be arrested on an accusationof committing an offence as specified in clause (a) has applied to the High
Court or Court of Sessions for a direction for his release on bail in the event of
his arrest,
shall be released on bail or, as the case may be, directed to be released on bait
except on one or more of the following grounds namely(i) that the Court including the High Court or the Court of Sessions, forreasons to be recorded in writing, is satisfied that there are reasonablegrounds for believing that such person is not guilty of any offence specified inclause (a);(ii) that such person is under the age of sixteen years or any woman or any sickor infirm person;

(iii) that the Court including the High Court or the Court of Session, forreasons to be recorded in writing, is satisfied that there are exceptional andsufficient grounds to release or direct the release of the accused on bail.”
Punjab Act 22 of 1983, w.e.f 27-6-1983.
Union Territory of Chandigarh:- Same as in Punjab.
Tripura: Insert Section 439A, after Section 439.
“439A. Power to grant bail:- Notwithstanding anything contained in this Code,no person(a) who, being accused of or suspended of committing an officer under
sections 120B, 121, 121A, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 364,
365, 366, 366A, 366B, 367, 368, 376, 386, 392, 394, 395, 396, 397, 399, 412,
436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or sections
25,26,27 and 28 of the Arms Act, 1959 (54 of 1959) or sections 3,4,5 and 6 of
the Explosives Substances Act, 1908 (VI of 1908), is arrested or appears or isbrought before a Court;OR(b) who, having any reason to believe that he may be arrested on an accusationof committing an offence as specified in clause (a) has applied to the High
Court or Court of Sessions for a direction for his release on bail in the event of
his arrest,
shall be released on bail or, as the case may be, directed to be released on bail,except on one or more of the following grounds namely(i) that the Court including the High Court or the Court of Sessions, forreasons to be recorded inwriting, is satisfied that there are reasonable grounds for believing that such
person is not guilty of any
offence specified in clause (a);(ii) that such person is under the age of sixteen years or any woman or any sickor infirm person;(iii) that the Court including the High Court or the Court of Session, forreasons to be recorded inwriting, is satisfied that there are exceptional and sufficient grounds to releaseor direct the release of theaccused on bail.” Tripura Act 6 of 1992, w.e.f. 29-7-1992.
440. Amount of bond and reduction thereof: – (1) The amount of every
bond executed under this chapter shall be fixed with due regard to thecircumstances of the case, and shall not be excessive.
(2) The High Court or the Court of Sessions may direct that the bail requiredby a police officer or Magistrate be reduced.
441. Bond of accused and sureties:-(1) Before any person is released onbail or released on his own bond, a bond for such sum of money as the police
officer or Court, as the case may be, thinks sufficient shall be executed by such
person, and, when he is released on bail, by one or more sufficient sureties
conditioned that such person shall attend at the time and place mentioned in
the bond, and shall continue so to attend until otherwise directed by the police
officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, thebond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bailto appear when called upon at the High Court, Court of Sessions or other
Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient,
the Court may accept affidavits in proof of the facts contained therein relating
to the sufficiency or fitness of the sureties, or, if it considers necessary, may
either hold an enquiry itself or cause an inquiry to be made by a Magistrate
subordinate to the Court, as to such sufficiency or fitness.
442. Discharge from custody: (1) As soon as the bond has been executed,
the person for whose appearance it has been executed shall be released; andwhen he is in jail, the court admitting him to bail shall issue an order of
release to the officer in charge of the jail, and such officer on receipt of theorders shall release him.
(2) Nothing in this section, Section 436 or Section 437, shall be deemed torequire the release of any person liable to be detained for some matter otherthan that in respect of which the bond was executed.

443. Power to order sufficient bail when that first taken isinsufficient :- If, through mistake, fraud or otherwise, insufficient sureties
have been accepted, or if they afterwards become insufficient the Court may
issue a warrant of arrest directing that the person released on bail be brought
before it and may order him to find sufficient sureties, and, on his failing so todo, may commit him to jail.
444. Discharge of sureties:-(1) All or any sureties for the attendance andappearance of a person released on bail may at any time apply to a Magistrate
to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made the Magistrate shall issue his warrant ofarrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his
voluntary surrender, the Magistrate shall direct the bond to be discharged
either wholly or so far as relates to the applicants, and shall call upon such
person to find other sufficient sureties, and, if he fails to do so, may commit
him to jail.
445. Deposit instead of recognisance:- When any person is required by
any Court or officer to execute a bond with or without sureties, such Court orofficer may, except in the case of a bond for good behaviour, permit him todeposit a sum of money or Government promissory note to such amount as
the Court or officer may fix, in lieu of executing such bond.
446. Procedure when bond has been forfeited:-(1) Where a bond under
this Code is for appearance, or for production of property, before a Court andit is proved to the satisfaction of that Court, or of any Court to which the casehas subsequently been transferred, that the bond has been forfeited,or where, in respect of any other bond under this Code, it is proved to thesatisfaction of the Court by which the bond was taken or of any Court to which
the case has subsequently been transferred, or of the Court of any Magistrateof the first class, that the bond has been forfeited,
the Court shall record the grounds of such proof, and may call upon any
person bound by such bond to pay the penalty thereof, or to show cause why itshould not be paid.
Explanation:- A condition in a bond for appearance, or for production ofproperty, before a Court shall be construed as including a condition forappearance, or as the case may be, for production of property, before any
Court to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may
proceed to recover the same as if such penalty were a fine imposed by it under
this Code:Provided that where such penalty is not paid and cannot be recovered in themanner aforesaid, the person so bound as Surety shall be liable, by order of
the Court ordering the recovery of the penalty, to imprisonment in civil jail fora term which may extend to six months.
(3) The Court may, as its discretion, remit any portion of the penalty
mentioned and enforce payment in part only.
(4) Where a surety to a bond dies before the bond is forfeited, his estate shallbe discharged from all liability in respect of the bond.
(5) Where any person who has furnished security under section 106 or section
117 or section 360 is convicted of an offence the commission of whichconstitutes a breach of the conditions of his bond, or of a bond executed in lieu
of his bond under Section 448, a certified copy of the judgement of the Courtby which he was convicted of such offence may be used as evidence inproceedings under this section against his surety or sureties, and, if suchcertified copy is so used, the Court shall presume that such offence wascommitted by him unless the contrary is proved.
446A. Cancellation of bond and bail bond: Without prejudice to theprovisions of Section 446, where a bond under this Code is for appearance of aperson in a case and it is forfeited for breach of a condition,(a) the bond executed by such person as well as the bond, if any, executed by
one or more of his
sureties in that case shall stand cancelled; and(b) thereafter no such person shall be released only on his own bond in thatcase, if the Police Officer
or the Court, as the case may be, for appearance before whom the bond was
executed, is, satisfied that
there was no sufficient cause for the failure of the person bound by the bond tocomply with its
condition:

Provided that subject to any other provisions of this code he may be releasedin that case upon the execution of a fresh personal bond for such sum ofmoney and bond by one or more of such sureties as the Police Officer or the
Court, as the case may be, thinks sufficient.
447. Procedure in case of insolvency of death of surety or when abond is forfeited:- When any surety to a bond under this Code becomesinsolvent or dies, or when any bond is forfeited under the provisions of Section
446, the Court by whose order such bond was taken, or Magistrate of the firstclass, may order the person from whom such security was demanded tofurnish fresh securities in accordance with the directions of the original order,
and, if such security is not furnished, such Court or Magistrate may proceed asif there had been a default in complying with such original Order.
448. Bond required from minor:- When the personrequired by any
Court, or officer to execute a bond is a minor, such Court or officer may accept,
in lieu thereof, bond executed by a surety or sureties only.
449. Appeal from orders under Section 446:- All orders passed under
Section 446 shall be appealable(i) in the case of an order made by a Magistrate, to the Sessions-Judge;(ii) in the case of an order made by a Court of Sessions, to the Court to which
an appeal lies from an order made by such Court.
450. Power to direct levy of amount due on certain
recognizances:- The High Court or Court of Sessions may direct any
Magistrate to levy the amount due on a bond for appearance or attendance atsuch High Court or Court of Sessions.
CHAPTER XXXIV : DISPOSAL OF PROPERTY
451. Order for custody and disposal of property pending trial incertain cases:- When any property is produced before any Criminal Court
during any inquiry or trial, the Court may make such order as it thinks fit forthe proper custody of such property pending the conclusion of the inquiry ortrial, and, if the property is subject to speedy and natural decay, or if it isotherwise expedient so to do, the Court may, after recording such evidence as
it thinks necessary, order it to be sold or otherwise disposed of.
Explanation:- For the purposes of this section, “property” includes:(a) property of any kind or document which is produced before the Court orwhich is in its custody,(b) any property regarding which an offence appears to have been committed
or which appears to have

been used for the commission of any offence.
452. Order for disposal of property at conclusion of trial:- (1) Whenan inquiry or trial in any Criminal Court is concluded, the Court may makesuch order as it thinks fit for the disposal, by destruction, confiscation, ordelivery to any person claiming to be entitled to possession thereof orotherwise, of any property or document produced before it or in its custody, orregarding which any offence appears to have been committed, or which has
been used for the commission of any offence.
(2) An order may be made under sub-section (1) for the delivery of any
property to any person claiming to be entitled to the possession thereof,
without any condition or on condition that he executes a bond, with or without
securities, to the satisfaction of the Court, engaging to restore such property to
the Court if the order made under sub-section (1) is modified or set aside on
appeal or revision.
(3) A Court of Session may, instead of itself making an order under subsection (1), direct the property to be delivered to the Chief Judicial Magistrate,
who shall thereupon deal with it in the manner provided in section 457, 458
and 459.
(4) Except where the property is livestock or is subject to speedy and natural
decay, or where a bond has been executed in pursuance of sub-sec. (2), an
order made under sub-sec. (1) shall not be carried out for two months, orwhen an appeal is presented, until such appeal has been disposed of.
(5) In this section, the term “property” includes, in the case of property
regarding which an offence appears to have been committed, not only suchproperty as has been originally in the possession or under the control of any
party, but also any property into or for which the same may have, been
converted or exchanged, and anything acquired by such conversion or
exchange, whether immediately or otherwise.
453. Payment to innocent purchaser of money found on
accused :- When any person is convicted of any offence which includes, oramounts to, theft or receiving stolen property, and it is proved that any otherperson bought the stolen property from him without knowing, or having
reason to believe, that the same was stolen, and that any money has on his
arrest been taken out of the possession of the convicted person, the Court may,on the application of such purchase and on the restitution of the stolen
property to the person entitled to the possession thereof, order that out ofsuch money a sum not exceeding the price paid by such purchase be delivered
to him.

454. Appeal against orders under Section 452 or Section 453:–(1) Any person aggrieved by an order made by a Court under Section 452 or
Section 453, may appeal against it to the Court to which appeals ordinarily lie
from convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayedpending disposal of the appeal, or may modify, alter or annul the order andmake any further orders that may be just.
(3) The powers referred to in sub-section (2) may also be exercised by a Courtof appeal confirmation or revision while dealing with the case in which theorder referred to in sub-section (1) was made.
455. Destruction of libellous and other matter:- (1) On a conviction
under Section 292, Section 293, Section 501 or Section 502 of the Indian Penal
Code (45 of 1860), the Court may order the destruction of all the copies of thething in respect of which the conviction was had, and which arein the custodyof the Court or remain in the possession or power of the person convicted.
(2) The Court may, in like manner, on a conviction under Section 272, Section
273, Section 274 or Section 275 of the Indian Penal Code (45 of 1860), orderthe food, drink, drug or medical preparation in respect of which the conviction
was had, to be destroyed.
456. Power to restore possession of immovable property:-(1)When aperson is convicted of an offence Attended by criminal force or show of force
or by criminal intimidation, and it appears to the Court that, by such force orshow of force or intimidation, any person has been dispossessed of any
immovable property, the Court may, if it thinks fit, order that possession of
the same be restored to that person after evicting by force, if necessary, anyother person who may be in possession of the property:
Provided that no such order shall be made by the Court more than one monthafter the date of the conviction.
(2) Where the Court trying the offence has not made an order under subsection (1), the Court of appeal, confirmation or revision may, if it thinks fit,make such order while disposing of the appeal, reference or revision, as thecase may be.
(3) Where an order has been made under sub- section (1), the provisions ofSection 454 shall apply in relation thereto as they apply in relation to an orderunder Section 453.

(4) No order made in this section shall prejudice any right or interest to or insuch immovable property which any person may be able to establish in a civil
suit.
457. Procedure by police upon Seizure of property:- (1)Whenever the
seizure of property by any police officer is reported to a Magistrate under theprovisions of this Code, and such property is not produced before a Criminal
Court during an inquiry or trial, the Magistrate may make such order as hethinks fit respecting the disposal of such property or the delivery of suchproperty to the person entitled to the possession thereof, or if such person
cannot be ascertained respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property
to be delivered to him on such conditions (if any) as the Magistrate thinks fit
and if such person is unknown, the Magistrate may detain it and shall in suchcase, issue a proclamation specifying the article of which such property
consists, and requiring any person who may have a claim thereto, to appear
before him and establish his claim within six months from the date of suchproclamation.
458. Procedure where no claimant appears within six months.- (1) If
no person within such period establish his claim to such property, and if theperson in whose possession such property was found is unable to show that it
was legally acquired by him, the Magistrate may, by order direct that suchproperty shall be at the disposal of the State Government, and may be sold bythat Government and the proceeds of such sale shall be dealt with in suchmanner as may be prescribed.
(2) An appeal shall lie against any such order to the Court to which appeals
ordinarily lie from convictions by the Magistrate.
459. Power to sell perishable property.- If the person entitled to thepossession of such property is unknown or absent and the property is subject
to speedy and natural decay, or if the Magistrate to whom its seizure isreported is of opinion that its sale would be for the benefit of the owner, orthat the value of such property is less than ten rupees, the Magistrate may at
any time direct it to be sold, and the provisions of Sections 457 and 458 shall,as nearly asmay be practicable, apply to the net proceeds of such sale.
CHAPTER XXXV : IRREGULAR PROCEEDINGS
460. Irregularities which do not vitiate proceedings.- If any
Magistrate not empowered by law to do any of the following things, namely:(a) to issue a search-warrant under Section 94;

(b) to order, under Section 155, the police to investigate an offence;(c) to hold an inquest under Section 176;(d) to issue process, under Section 187, for the apprehension of a person
within his local jurisdiction who
has committed an offence outside the limits of such jurisdiction;(e) to take cognizance of an offence under clause (a) or clause (b) of subsection (1) of Section 190;(f) to make over a case under sub-section (2) of Section 192;(g) to tender a pardon under Section 306;(h) to recall a case and try it himself under Section 410; or(i) to sell property under Section 458 or Section 459, erroneously in good faithdoes that thing, his proceedings shall not be set aside merely on the ground of
his not being so empowered.
461. Irregularities which vitiate proceedings:- If any Magistrate, notbeing empowered by law in this behalf, does any of the following things,
namely:(a) attaches and sells property under Section 83,(b) issues a search-warrant for a document, parcel or other things in thecustody of a postal or telegraph authority;(c) demands security to keep the peace.,(d) demands security for good behaviour;(e) discharges a person lawfully bound to be of good behaviour;(f) cancels a bond to keep the peace;(g) makes an order for maintenance;(h) makes an order under Section 133 as to a local nuisance;(i) prohibits, under Section 143, the repetition continuance of a public
nuisance;

(j) makes an order under Part C or Part D of Chapter X;(k) takes cognizance of an offence under Clause (c) of sub-section (1) of
Section 190;(l) tries an offender;(m) tries an offender summarily;(n) passes a sentence, under Section 325, on proceedings recorded by another
Magistrate;(o) decides an appeal;(p) calls under Section 397, for proceedings; or(q) revises, an order passed under Section 446,
his proceedings shall be void.
462. Proceedings in wrong place:- No finding sentence or order of any
Criminal Court shall be set aside merely on the ground that the inquiry, trial
or other proceeding in the course of which it was arrived at or passed, took
place in a wrong sessions division, district, sub-division or other local area,
unless it appears that such error has in fact occasioned a failure of justice.
463. Non-compliance with provisions of Section 164 or Section
281:–(1) If any Court, before which a confession or other statement of an
accused person recorded, or purporting to be recorded under Section 164 or
Section 281, is tendered, or has been received, in evidence, finds that any ofthe provisions of either of such sections have not been complied with by theMagistrate recording the statement, it may, notwithstanding anything
contained in Section 91 of the Indian Evidence Act, 1872 (1 of 1872), takeevidence in regard to such non-compliance, and may, if satisfied that suchnon-compliance has not injured the accused in his defence on the merits andthat he duly made the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference andrevision.
464. Effect of omission to frame, or absence of, or error in, charge.–(1)No finding sentence or order by a Court of competent jurisdiction shall bedeemed invalid merely on the ground that no charge was framed or on the
ground of any error, omission or irregularity in the charge including any
misjoinder of charges, unless, in the opinion of the Court of appeal,confirmation or revision, a failure of Justice has in fact been occasioned
thereby.
(2) If the Court of appeal, confirmation or revision, is of opinion that a failureof justice has in fact been occasioned, it may —(a) in the case of an omission to frame a charge, order that a charge be framed,
and that the trial berecommended from the point immediately after the framing of the charge;(b) in the case of an error, omission or irregularity in the charge, direct a newtrial to be had upon a charge
framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such thatno valid charge could be preferred against the accused in respect of the facts
proved, it shall quash the conviction.
465. Finding or sentence when reversible by reason oferror, omission or irregularity:-(1) Subject to the provisions hereinbefore
contained, no finding, sentence or order passed by a Court of competent
Jurisdiction shall be reversed or altered by a Court of appeal, confirmation ofrevision on account of any error, omission or irregularity in the complaint,
summons, warrant, proclamation, order judgement or other proceedings
before or during trial or in any inquiry or other proceedings under this Code,or any error, or irregularity in any sanction for the prosecution unless in theopinion of that Court, a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any
proceeding under this Code, or any error or irregularity in any sanction for theprosecution has occasioned a failure of justice, the Court shall have regard to
the fact whether the objection could and should have been raised at an earlier
stage in the proceedings.
466. Defect or error not to make attachment unlawful :- No
attachment made under this Code shall be deemed unlawful, nor shall any
person making the same be deemed to trespasser, on account of any defect orwant of form in summons, conviction, writ of attachment or other proceedings
relating thereto.
CHAPTER XXXVI : LIMITATION FOR TAKING COGNIZANCE OF
CERTAIN OFFENCES

467. Definitions:-For the purposes of this chapter unless the context
otherwise requires, “period of limitation” means the period specified in
Section 468 for taking cognizance of an offence.
468. Bar to taking cognizance after lapse of the period oflimitation:-(1)Except as otherwise provided elsewhere in this Code, no Court
shall take cognizance of an offence of the category specified in sub-section (2),after the expiry of the period of limitation.
(2) The period of limitation shall be :(a) six months, if the offence is punishable with fine only;(b) one year, if the offence is punishable with imprisonment for a term notexceeding one year;(c) three years, if the offence is punishable with imprisonment for a term
exceeding one year but notexceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to
offences which may be tried together, shall be determined with reference tothe offence which is punishable with the more severe punishment or, as thecase may be, the most severe punishment.
469. Commencement of the period of limitation:- (1)The period oflimitation, in relation to an offender, shall commence –(a) on the date of the offence; or(b) where the commission of the offence was not known to the person
aggrieved by the offence or toany police officer, the first day on which offence comes to the knowledge ofsuch person or to any police
officer, whichever is earlier; or(c) where it is not known by whom the offence committed, the first day on
which the identity of theoffender is known to the person aggrieved by the offence or to the police
officer making investigation
into the offence, whichever is earlier(2) In computing the said period, the day from which such period is to becomputed shall be excluded.
470. Exclusion of time in certain cases:— (1) Incomputing the period oflimitation, the time during which any person has been prosecuting with due
diligence another prosecution, whether in a Court of first instance or in a
Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates
to the same facts and is prosecuted in good faith in a Court which from defectof jurisdiction or other cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been
stayed by an injunction or order, then, in computing the period of limitation,
the period of the continuance of the injunction or order, the day on which it
was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence been given, or where, under any
law for the time being, in force, the previous consent or sanction of theGovernment or any other authority is required for the institution of any
prosecution for an offence, then, in computing the period of limitation, theperiod of such notice or, as the case be, the time required for obtaining suchconsent or sanction shall be excluded.
Explanation:- In computing the time required for obtaining the consent or
sanction of the Government or any other authority, the date on which theapplication was made for obtaining the consent or sanction and the date ofreceipt of the order of the Government or other authority shall both beexcluded.
(4) In computing the period of limitation, the time during which the offender,(a) has been absent from India or from any territory outside India which isunder theadministration of the Central Government, or(b) has avoided arrest by absconding or concealing himself,shall be excluded.
471. Exclusion of date on which Court is closed:- Where the period oflimitation expires on a day when the Court is closed, the Court may takecognizance on the day on which the Court reopens.

Explanation:- A Court shall be deemed to be closed on any day within themeaning of this section, if, during its normal working hours, it remains closed
on that day.
472. Continuing offence:- In the case of a continuing offence, a fresh
period of limitation shall begin to run at every moment of the time during
which the offence continues.
473. Extension of period of limitation in certain
cases:- Notwithstanding anything contained in the foregoing provisions of
this chapter, any court may take cognizance of an offence after the expiry of
the period of limitation, if it is satisfied of the facts and in the circumstances of
the case that the delay has been properly explained or that it is necessary so to
do in the interests of justice.
CHAPTER XXXVII : MISCELLANEOUS
474. Trials before High Courts:- When an offence is tried by the High
Court otherwise than under Section 407, it shall, in the trial of the offences,observe the same procedure as a Court of Sessions would observe if it were
trying the case.
475. Delivery to commanding officers of persons liable to be triedby Court-martial :-(1)The Central Government may make rules, consistent
with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of
1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to
the Armed Forces of the Union, for the time being in force, as to cases inwhich persons subject to military, naval or air-force law, or such other law,shall be tried by a Court to which this Code applies, or by a Court martial; andwhen any person is brought before a Magistrate and charged with an offence
for which he is liable to be tried either by a Court to which this Code applies orby a Court-martial, such Magistrate shall have regard to such rules, and shallin proper cases deliver him, together with a statement of the offence of which
he is accused, to the commanding officer of the unit to which he belongs, or tothe commanding officer of the nearest military, naval or air-force station, as
the case may be, for the purpose of being tried by a Court-martial.
Explanation:- In this Section(a) “Unit” includes a regiment, corps, ship, detachment, group battalion orCompany,(b) “Court-Martial” includes any Tribunal with the powers similar to those of a
Court-martial constituted under the relevant law applicable to the Armed
Forces of the Union.

(2) Every Magistrate shall, on receiving a written application for that purposeby the commanding officer of any unit or body of soldiers, sailors or airmen
stationed or employed at any such place, use his utmost endeavours toapprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jailsituate within the State be brought before a Court-martial for trial or to be
examined touching any matter pending before the Court-martial.
476. Forms:- Subject to the power conferred by Article 227 of theConstitution, the forms set forth in the Second Schedule, with such variations
as the circumstances of each case require, may be used for the respective
purposes therein mentioned, and if used shall be sufficient.
477. Power of High Court to make rules:- (1) Every High Court may,with the previous approval of the State Government, make rules.
(a) as to the persons who may be permitted to act as petition writers in the
Criminal Courts subordinate to it;(b) regulating theissue of licences to such persons, the conduct of business bythem, and the scale of fees to be charged by them;(c) providing a penalty for a contravention of any of the rules so made anddetermining the authority by which such contravention may be investigated
and the penalties imposed;(d) any other matter which is required to be, or may be, prescribed.
(2) All rules made under this section shall be published in the Official Gazette.
478. Power to alter functions allocated to Executive Magistrate incertain cases:- If the Legislative Assembly of a State by a resolution so
permits, the State Government may, after consultation with the High Court, by
notification, direct that references in Sections 108, 109, 110, 145 and 147 to an
Executive Magistrate shall be construed as references to a Judicial Magistrateof the first class.
STATE AMENDMENTS
Andaman and Nicobar Islands ; Dadra and Nagar Haveli,
Lakshadweep Islands :- In Section 478, the words “if the State Legislature
by a resolution so requires” shall be omitted Regn. 1 of 1974, w.e.f. 30-3-1974.
Maharashtra – For the words “to an Executive Magistrate shall be
construed”, substitute the words “to an Executive Magistrate in the areas ofthe State outside Greater Bombay shall be construed”, Maharashtra Act 1 of
1978, w.e.f. 15-4-1978.
479. Case in which Judge or Magistrate is personally interested:- No
Judge or Magistrate shall, except with permission of the Court to which an
appeal lies from Court, try or commit for trial any case to or in which he is aparty, or personally interested, and no Judge or Magistrate shall hear an
appeal from any judgement or order passed or made by himself.
Explanation:- A Judge or Magistrate shall not be deemed to be a party to, or
personally interested in, any case by reason only that he is concerned thereinin a public capacity, or by reason only that he has viewed the place in which an
offence is alleged to have been committed, or other place in which any othertransaction material to the case is alleged to have occurred, and made an
inquiry in connection with the case.
480. Practising pleader not to sit as Magistrate in certain
Courts:- No pleader who practises in the Court of any Magistrate shall sit as a
Magistrate in that Court or in any Court within the local jurisdiction of that
Court.
STATE AMENDMENT
Karnataka :- After Section 480, the following new Section 480A shall beinserted“480A. Other powers of Magistrate..- Any Judicial Magistrate or Executive
Magistrate shall be entitled to attest, verify or authenticate any document
brought before him for the purpose of attestation, verification orauthentication, as the case may be, and to affix seals thereon, as may beprescribed by any law for the time being in force.” Karnataka Act 35 of 1984.
481. Public servant concerned in sale not purchase or bid forproperty:- A public servant having any duty to perform in connection withthe sale of any property under this Code shall not purchase or bid for theproperty.
482. Saying of inherent powers of High Court:- Nothing in this Codeshall be deemed to limit or affect the inherent powers of the High Court tomake such orders as may be necessary to give effect to any order under thisCode, or to prevent abuse of the process of any Court or otherwise to secure
the ends of justice.
483. Duty of High Court to exercise continuous superintendence
over Courts of Judicial Magistrates:- Every High Court shall so exercise
its superintendence over the Courts of Judicial Magistrates subordinate to it
as to ensure that there is an expeditious and proper disposal of cases by such
Magistrates.

484. Repeal and savings:- (1) The Code of Criminal Procedure, 1898 (5 of1898), is hereby repealed.
(2) Notwithstanding such repeal(a) if, immediately before the date on which this Code comes into force, there
is any appeal, application trial, inquiry or investigation pending then, suchappeal, application, trial, inquiry or investigation shall be disposed of,continued, held or made, the case may be, in accordance with the provisions of
the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately
before such commencement (hereinafter referred to as the old Code), as if thisCode had not come into force: Provided that every inquiry under Chapter
XVIII of the old Code, which is pending at the commencement of this Code,shall be dealt with and disposed of in accordance with the provisions of thisCode;(b) all notifications published, proclamations issued, powers conferred, forms
prescribed, local jurisdictions defined, sentences passed and order rules andappointments, not being appointments as Special Magistrates, made under
the old Code are which are in force immediately before the commencement of
this Code, shall be deemed respectively, to have been published, issued,
conferred, prescribed, defined, passed or made under the corresponding
provisions of the Code;(c) any sanction accorded or consent given under the old Code in pursuance of
which no proceeds was commenced under that Code, shall be deemed to havebeen accorded or given under the corresponding provisions of this Code andproceedings may be commenced under this Code in pursuance of suchsanction of consent;(d) the provisions of the old Code shall continue to apply in relation to every
prosecution against a Ruler within the meaning of Article 363 of theConstitution.
(3) Where the period prescribed for an application or other proceeding under
the Old Code had expired on or before the commencement of this Code,nothing in this Code shall be construed as enabling any such application to bemade or proceeding to be commenced under this Code by reason only of thefact that a longer period therefor is prescribed by this Code or provisions are
made in this Code for the extension of time.
STATE AMENDMENT

Uttar Pradesh :- (1) In sub-section (2), after clause (d), the following clauseshall he inserted.
“(e) the provisions of the United Provinces Borstal Act, 1938 (U.P. Act 7 of(1938), the United Provinces First Offenders Probation Act 1938 (U.P. Act 6 of
1938) and the Uttar Pradesh Children Act, 1951, (U.P. Act 1 of 1951) shallcontinue in force in the State of Uttar Pradesh until altered or repealed oramended by the competent Legislature or other competent authority, andaccordingly, the provisions of Section 360 of this Code shall not apply to that
State, and the provisions of Section 361 shall apply with the substitution ofreferences to the Central Acts named therein by references to thecorresponding Acts in force in that State.” U.P. Act 16 of 1976, w.e.f. 1-5-1976.
(2) In sub-section (2), clause (a), the following second proviso shall beinserted:“Provided further that the provisions of Section 326 of this Code as amended
by the Code of Criminal Procedure (U.P. Amendment Act) Act, 1976 shall also
apply to every trial pending in a Court of Sessions at the commencement of
this Code and also pending at the commencement of the Code of Criminal
Procedure (U.P. Amendment) Act, 1983.” U.P. Act 1 of 1984, w.e.f. 1-5-1984.
r offence, although he is not charged with it.
(3) When a person is charged with an offence, he may, be convicted of an
attempt to commit such offence although the attempt is not separately
charged.
(4) Nothing in this section shall be deemed to authorise a conviction of any
minor offence where the conditions requisite for the initiation of proceedings
in respect of that minor offence have not been satisfied.