The Code of Criminal Procedure, 1898
Part VI: PROCEEDINGS IN PROSECUTIONS
Chapter XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 337: Tender of pardon to accomplice
337.(1) In the case of any offence triable exclusively by the  Court of Session, or any offence punishable with imprisonment which may extend to ten years, or any offence punishable under section 211 of the Penal Code, with imprisonment which may extend to seven years, or any offence under any of the following sections of the Penal Code, namely, sections 216A, 369, 401, 435 and 477A, a Metropolitan Magistrate or any Magistrate of the first class may, at any state of the investigation or inquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof:
Provided that, where the offence is under inquiry or trial, no Magistrate of the first class other than the Chief Judicial Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no such Magistrate shall exercise the said power unless he is a Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the Chief Judicial Magistrate has been obtained to the exercise thereof.
(1A) Every Magistrate who tenders a pardon under sub-section (1) shall record his reasons for so doing, and shall, on application made by the accused, furnish him with a copy of such record:
Provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.
(2) Every person accepting a tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any.
(2A) In every case where a person has accepted a tender of pardon and has been examined under sub-section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for believing that the accused is guilty of an offence, send him for trial to the Court of Session .
(3) Such persons, unless he is already on bail, shall be detained in custody until the termination of the trial.
Section 338: Power to direct tender of pardon
338. At any time before the judgment is passed, the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any such offence, tender, or order or the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to tender, a pardon on the same condition to such person.
Section 339: Trial of person to whom pardon has been tendered
339.(1) Where a pardon has been tendered under section 337 or section 338, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender 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:
Provided that such person shall not be tried jointly with any of the other accused, and that he shall be entitled to plead at such trial that he has complied with the conditions upon which such tender was made; in which case it shall be for the prosecution to prove that such conditions have not been complied with.
(2) The statement made by a person who has accepted a tender of pardon may be given in evidence against him at such trial.
(3) No prosecution for the offence of giving false evidence in respect of such statement shall be entertained without the sanction of the High Court Division.
Section 339A: Procedure in trial of person under section 339
339A.(1) The Court trying under section 339 a person who has accepted a tender of pardon shall
(a) if the Court is Court of Session before the charge is read out and explained to the accused under section 265D, sub-section (2), and
(b) if the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made.
(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and shall, before judgment is passed in the case find whether or not the accused has complied with the conditions of the pardon and if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal.
Section 339B: Trial in absentia
339B. (1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, by order published in at least two national daily Bengali Newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.
(2) Where in a case after the production or appearance of an accused before the Court or his release on bail, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, recording its decision so to do, try such person in his absence.
Section 339C: Time for disposal of cases
339C.(1) A Magistrate shall conclude the trial of a case within one hundred and eighty days from the date on which the case is received by him for trial.
(2) A Sessions Judge, an Additional Sessions Judge or an Assistant Sessions Judge shall conclude the trial of a case within three hundred and sixty days from the date on which the case is received by him for trial.
(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), where a person is accused in several cases and such cases are brought for trial before a Magistrate or a Court of Session, the time limit specified in sub-section (1) or sub-section (2) for the trial of such cases shall run consecutively.
(2B) Notwithstanding the transfer of a case from one Court to another Court, the time specified in sub-section (1) or sub-section (2) shall be the time for concluding the trial of a case.
(4) If a trial cannot be concluded within the specified time, the accused in the case, if he is accused of a non-bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs.
(5) Nothing in this section shall apply to the trial of a case under section 400 or 401 of the Penal Code (Act XLV of 1860), or to the trial of case to which the provisions of Chapter XXXIV apply.
(6) In this section, in determining the time for the purpose of a trial,-

(b) the days spent on account of the absconsion of an accused after his release on bail, if any, shall not be counted.
Section 340: Right of person against whom proceedings are instituted to be defended and his competency to be a witness
340.(1) Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.
 
 
(2) Any person against whom proceedings are instituted in any such Court under section 107, or under Chapter X, Chapter XI, Chapter XII or Chapter XXXVI, or under section 552, may offer himself as a witness in such proceedings.
 
 
(3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
 
 
Provided that-
 
 
(a) he shall not be called as a witness except on his own request in writing; or
 
 
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.
Section 341: Procedure where accused does not understand proceedings
341. If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than High Court Division, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court Division with a report of the circumstances of the case, and the High Court Division shall pass thereon such order as it thinks fit.
Section 342: Power to examine the accused
342.(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.
 
 
(2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court may draw such inference from such refusal or answers as it thinks just.
 
 
(3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
 
 
(4) No oath shall be administered to the accused.
Section 343: No influence to be used to induce disclosures
343. Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.
Section 344: Power to postpone or adjourn proceedings
344.(1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefor, from time to time, 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.
 
 
(2) Every order made under this section by a Court other than High Court Division shall be in writing signed by the presiding Judge or Magistrate.

Explanation- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Section 345: Compounding offences
345.(1) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:-
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Offence.

	

Sections of Penal Code applicable.

	

Persons by whom offence may be compounded.




Uttering works, etc., with deliberate intent to wound the religious feelings of any person.

	

298

	

The person whose religious feelings are intended to be wounded.

 




Causing hurt

	

323,334

	

The person to whom the hurt is caused.

 




Wrongfully restraining or confining any person.

	

341, 342

	

The person restained or confined.

 




Assault or use of criminal force

	

352, 355, 358

	

The person assaulted or to whom criminal force is used.

 




Unlawful compulsory labour

	

374

	

The person compelled to labour.

 




Mischief, when the only loss or damage caused is loss or damage to a private person.

	

426, 427

	

The person to whom the loss or damage is caused.

 




Criminal trespass

 

House-trespass

	

447

 

448

	

The person in possession of the property trespassed upon.

 




Criminal breach of contract of service.

	

490, 491, 492

	

The person with whom the offender has contracted.

 




Adultery

 

Enticing or taking away or detaining with criminal intent a married woman.

	

497

 

                498

	

The husband of the woman.

 




Defamation

 

Printing or engraving matter, knowing it to be defamatory.

 

Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.

	

500

 

501

 

502

	

The person defamed.




Insult intended to provoke a breach of the peace.

	

504

	

The person insulted.




Criminal intimidation except when the offence is punishable with imprisonment for seven years.

	

506

	

The person intimidated.




Act caused by making a person believe that he will be an object of divine displeasure.

	

508

	

The person against whom the offence was committed.

 

 

 
(2) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table
 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Offence.

	

Sections of Penal Code applicable.

	

Persons by whom offence may be compounded.

 




[Rioting.

	

147

	

The person against whom force or violence has been used.

 




Rioting armed with deadly weapon.

	

148

	

Ditto.]

 




Voluntarily causing hurt by dangerous weapons or means.

	

324

	

The person to whom hurt is caused.

 




Voluntarily causing grievous hurt.

	

325

	

Ditto.

 




Voluntarily causing grievous hurt on grave and sudden provocation.

	

335

	

The person to whom hurt is caused.

 




Act endangering human life or the personal safety of others.

	

336

	

Ditto.

 




Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

 

House-trespass

	

337

	

Ditto.

 




Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

	

338

	

Ditto.

 




Wrongfully confining a person for three days or more

	

343

	

The person confined.

 




Wrongfully confining for ten or more days.

	

344

	

Ditto.




Wrongfully confining a person in secret.

	

346

	

Ditto.




Wrongfully confinement to extort property or constrain to illegal act.

	

347

	

The person wrongfully confined.




Wrongful confinement to extort confession or compel restoration of property.

	

348

	

Ditto.




Assault or criminal force to women with intent to outrage her modesty.

	

354

	

The women assaulted or to whom the criminal force was used.




Assault or criminal force in attempt to commit theft of property worn or carried by a person.

	

356

	

The person assaulted or to whom criminal force is used.




Assault or criminal force in attempting wrongfully to confine a person.

	

357

	

The person assaulted or to whom the force was used.




Theft .

	

379

	

The owner of the property stolen.




Theft in dwelling house.

	

380

	

Ditto




Theft by clerk or servant of property in possession of master .

	

381

	

Ditto.




Dishonest misappropriation of property.

	

403

	

The owner of the property misappropriated.




Criminal breach of trust .

	

406

	

The owner of the property in respect of which the breach of trust has been committed.




Criminal breach of trust by a carrier, wharfinger, etc. .

	

407

	

Ditto.




Criminal breach of trust by a clerk or servant .

	

408

	

Ditto.




Dishonestly receiving stolen property, knowing it to be stolen .

	

411

	

The owner of the property stolen.




Assisting in the concealment or disposal of stolen property, knowing it to be stolen .

	

414

	

Ditto.]




Cheating

	

417

	

The person cheated.




Cheating a person whose interest the offender was bound, by law or by legal contract, to protect.

	

418

	

Ditto.




Cheating by personation

	

419

	

Ditto.




Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security.

	

420

	

Ditto.




Fraudulent removal or concealment of property, etc. to prevent distribution among creditors.

	

421

	

The creditors who are affected thereby.




Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

	

422

	

Ditto.




Fraudulent execution of deed of transfer containing false statement of consideration.

	

423

	

The person affected thereby.




Fraudulent removal or concealment of property.

	

424

	

Ditto.




Mischief by killing or maiming animal .

	

428

	

The owner of the animal.




Mischief by killing or maiming cattle, etc. .

	

429

	

The owner of the cattle, or animal.




Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.

	

430

	

The person to whom the loss or damage is caused.




House-trespass to commit an offence (other than theft) punishable with imprisonment.

	

451

	

The person is possession of the house trespassed upon.




Using a false trade or property mark.

	

482

	

The person to whom loss or injury is caused by such use.




Counterfeiting a trade or property mark used by another.

	

483

	

The person whose trade or property mark is counterfeited.




Knowingly selling, or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark.

	

486

	

Ditto




Cohabitation caused by a man deceitfully including a belief of lawful marriage.

	

493

	

The woman with whom cohabitation was caused.




Marrying again during the life-time of a husband or wife.

	

494

	

The husband or wife of the person so marrying.




Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.

	

509

	

The woman whom it is intended to insult or whose privacy is intruded upon.



Attempting to commit offences punishable with transportation or imprisonment.

	

511

	

The person against whom such attempt was made for committing the offence.

 

 

 
(3) When any offence is compoundable under this section, the abatement of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.
 

 

 
(4) 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 the permission of the Court compound such offence.
 

 

 
(5) When the accused has been sent for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is sent or, as the case may be, before which the appeal is to be heard.
 

 

 
(5A) The High Court Division acting in the exercise of its powers of revision under section 439, and a Court of Session so acting under section 439A, may allow any person to compound any offence which he is competent to compound under this section.
 

 

 
(6) 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.
 

 

 
(7) No offence shall be compounded except as provided by this section.
Section 346: Procedure of Chief Judicial Magistrate in cases which he cannot dispose of.
346.(1) If, in the course of an inquiry or a trial before a Chief Judicial Magistrate in any district, the evidence appears to him to warrant a presumption that the case is one which should be tried or sent for trial by some other Chief Judicial Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any Chief Judicial Magistrate to whom he is subordinate or to such other Chief Judicial Magistrate, having jurisdiction, as the District 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 send the accused for trial.
Section 347: Procedure when, higher punishment should be inflicted on accused
347. Notwithstanding anything contained in this Code, whenever a Magistrate of the first class is of opinion, after recording the evidence for the prosecution, that if the accused or, where more accused than one are being tried together, any of such accused is convicted he should receive a punishment more severe than that which such Magistrate is empowered to inflict, he may record his opinion and submit his proceedings, and forward the accused, or all the accused, to the Court of Session to which he is subordinate, whereupon the Court of Session shall try the case as if the case were exclusively triable by it under this Code.
Section 348: Trial of persons previously convicted of offences against coinage, stamp-law or property
348.(1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, shall if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for sending the accused be sent to the Court of Session or  unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted:
Provided that, if any Magistrate in the district has been invested with powers under section 30, the case may be transferred to him instead of being sent to the Court of Session.
(2) When any person is sent 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 unless the Magistrate discharges such other person under section 241A.
Section 349: Procedure when Magistrate cannot pass sentence sufficiently severe
349.(1) Whenever a Magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate to whom he is subordinate.
(1A) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate.
(2) The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law:
Provided that he shall not inflict a punishment more severe than he is empowered to inflict under sections 32 and 33.
Section 349A: Conviction on evidence partly recorded by one Sessions Judge, etc., and partly by another
349A.(1) Whenever any Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, after having heard and recorded the whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein, and is succeeded by another Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, as the case may be, who has and who exercises such jurisdiction, the Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommence the trial:
Provided that if the succeeding Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, as the case may be, is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest 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 Court of Session to another, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1).
Section 350A: Changes in constitution of Benches
350A. No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which such order or judgment is passed is duly constituted under section 15 and 16 or, as the case may be, section 19 and 21 , and the Magistrates constituting the same have been present on the Bench throughout the proceedings.
Section 350: Conviction  on evidence partly recorded by one Magistrate and partly by another
350.(1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommence the inquiry or trial:
Provided that if the succeeding 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) Nothing in this section applies to cases in which proceedings have been stayed under section 346 or in which proceedings have been submitted to a superior Magistrate under section 349.
(3) When a case is transferred under the provisions of this Code from one Magistrate to another, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1).
Section 351: Detention of offenders attending Court
351.(1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned.
(2) When the detention takes place after a trial has been begun the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard.
Section 352: Courts to be open
352. The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them:
Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.