marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXVII - THE JUDGMENT
356 – Order for notifying address of previously convicted offender
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 or section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for a term which may extend to seven years or with fine or with both) of the Indian Penal Code (45 of 1860) or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment for a term of three years or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.The provisions of Sub-Section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.If such conviction is set aside on appeal or otherwise such order shall become void.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.The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of or absence from, residence by released convicts.Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.
CHAPTER XXVII - THE JUDGMENT
357 – Order to pay compensation
When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment order the whole or any part of the fine recovered to be applied-in defraying the expenses properly incurred in the prosecution;in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented, before the decision of the appeal.When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.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.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.
CHAPTER XXVII - THE JUDGMENT
357A – Victim compensation scheme
Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
CHAPTER XXVII - THE JUDGMENT
357B – Compensation to be in addition to fine under Section 326A or Section 376D of Indian Penal Code1
The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A, 376AB, section 376D, 376DA, 376DB of the Indian Penal Code2.1 Criminal Law (Amendment) Act, 20132 Criminal Law (Amendment) Act, 2018
CHAPTER XXVII - THE JUDGMENT
357C – Treatment of victims1
All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code, and shall immediately inform the police of such incident2.1 Criminal Law (Amendment) Act, 20132 Criminal Law (Amendment) Act, 2018
CHAPTER XXVII - THE JUDGMENT
358 – Compensation to persons groundlessly arrested
Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground of causing such arrest, the Magistrate may award such compensation, not exceeding one thousand 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.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.All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.
CHAPTER XXVII - THE JUDGMENT
359 – Order to pay costs in non-cognizable cases
Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in pan, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees witnesses and pleader’s fees which the Court may consider reasonable.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.
CHAPTER XXVII - THE JUDGMENT
361 – Special reasons to be recorded in certain cases
Where in any case the Court could have dealt with,an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), ora youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders,but has not done so, it shall record in its judgment the special reasons for not having done so.
CHAPTER XXVII - THE JUDGMENT
362 – Court not to alter judgment
Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.
CHAPTER XXVII - THE JUDGMENT
363 – Copy of judgment to be given to the accused and other persons
When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.On the application of the accused, a certified copy of the judgment, or when he so desires, a translation is his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused be given free of cost:Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.The provisions of Sub-Section (2) shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused.When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal his appeal should be preferred.Save as otherwise provided in Sub-Section (2) any person affected by a judgment or order passed by a criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order of any deposition or other part of the record:Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost.The High Court may, by rules provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules provide.
CHAPTER XXVII - THE JUDGMENT
364 – Judgment when to be translated
The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court and the accused so requires, a translation thereof into the language of the Court shall be added to such record.
CHAPTER XXVII - THE JUDGMENT
365 – Court of Session to send copy of finding and sentence to District Magistrate
In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
366 – Sentence of death to be submitted by Court of Session for confirmation
When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.The Court passing the sentence shall commit the convicted person to jail custody under a warrant.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
367 – Power to direct further inquiry to be made or additional evidence to be taken
If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.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.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
368 – Power of High Court to confirm sentence or annul conviction
In any case submitted under section 366, the High Court,-may confirm the sentence, or pass any other sentence warranted by law, ormay annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, ormay acquit the accused person:Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
369 – Confirmation or new sentence to be signed by two Judges
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall when such Court consists of two or more Judges, be made, passed and signed by at least two of them.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
370 – Procedure in case of difference of opinion
Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.
CHAPTER XXVIII - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
371 – Procedure in cases submitted to High Court for confirmation
In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court and attested with his official signature, to the Court of Session.
CHAPTER XXIX - APPEALS
372 – No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
CHAPTER XXIX - APPEALS
373 – Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
Any person,who has been ordered under section 117 to give security for keeping the peace or for good behaviour, orwho is aggrieved by any order refusing to accept or rejecting a surety under section 121,may appeal against such order to the Court of Session:Provided that nothing in this section, shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Sub-Section (2) or Sub-Section (4) of section 122.
CHAPTER XXIX - APPEALS
374 – Appeals from convictions
Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 1 [has been passed against him or against any other person convicted at the same trial; may appeal to the High Court.Save as otherwise provided in Sub-Section (2), any person,-convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, orsentenced under section 325, orin 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.When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal2.2 Criminal Law (Amendment) Act, 2018
CHAPTER XXIX - APPEALS
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.if the conviction is by a High Court; orif the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
CHAPTER XXIX - APPEALS
376 – No appeal in petty cases
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; orwhere, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground-that the person convicted is ordered to furnish security to keep the peace; orthat a direction for imprisonment in default of payment of fine is included in the sentence; orthat more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
CHAPTER XXIX - APPEALS
377 – Appeal by the State Government against sentence
Save as otherwise provided in Sub-Section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present an appeal against the sentence on the ground of its inadequacy-to the Court of session, if the sentence is passed by the Magistrate; andto the High Court, if the sentence is passed by any other Court”;in Sub-Section (3), for the words “the High Court”, the words “the Court of Session or, as the case may be, the High Court” shall be substitutedIf such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 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.When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal2.2 Criminal Law (Amendment) Act, 2018
CHAPTER XXIX - APPEALS
378 – Appeal in case of acquittal
Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5),the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;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 an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.”;If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of Sub-Section (3), also direct the Public Prosecutor to present an appeal-to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the High Court.If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.No application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2).
CHAPTER XXIX - APPEALS
379 – Appeal against conviction by High Court in certain cases
Where the High Court has, on appeal reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term often years or more, he may appeal to the Supreme Court.
CHAPTER XXIX - APPEALS
380 – Special right of appeal in certain cases
Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment of order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal.