marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXXV - IRREGULAR PROCEEDINGS
462 – Proceedings in wrong place
No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
CHAPTER XXXV - IRREGULAR PROCEEDINGS
463 – Non-compliance with provisions of section 164 or section 281
If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.The provisions of this section apply to Courts of appeal, reference and revision.
CHAPTER XXXV - IRREGULAR PROCEEDINGS
464 – Effect of omission to frame, or absence of, or error in, charge
No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charge, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it mayin the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge.in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
CHAPTER XXXV - IRREGULAR PROCEEDINGS
465 – Finding or sentence when reversible by reason of error, omission or irregularity
Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
CHAPTER XXXV - IRREGULAR 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 a trespasser, on account of any defect or want or form in the 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.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
468 – Bar to taking cognizance after lapse of the period of limitation
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.The period of limitation shall be-six months, if the offence is punishable with fine only;one year, if the offence is punishable with imprisonment for a term not exceeding one year;three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
469 – Commencement of the period of limitation
The period of limitation, in relation to an offence, shall commence,on the date of the offence; orwhere the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; orwhere it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.In computing the said period, the day from which such period is to be computed shall be excluded.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
470 – Exclusion of time in certain cases
In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.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.Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.Explanation – In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.In computing the period of limitation, the time during which the offender:has been absent from the India or from any territory outside India which is under the administration of the Central Government, orhas avoided arrest by absconding or concealing himself,shall be excluded.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
471 – Exclusion of date on which Court is closed
Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.Explanation – A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
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.
CHAPTER XXXVI - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
473 – Extension of period of limitation in certain cases
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
CHAPTER XXXVII - MISCELLANEOUS
474 – Trials before High Court
When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe, if it were trying the case.
CHAPTER XXXVII - MISCELLANEOUS
475 – Delivery to commanding officers of persons liable to be tried by Court-martial
The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial, and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be, for purpose of being tried by a Court-martial.Explanation – In this section:“unit” includes a regiment, corps, ship, detachment, group, battalion or company.“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.Every Magistrate shall, on receiving a written application for that purposes by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
CHAPTER XXXVII - MISCELLANEOUS
476 – Forms
Subject to the power conferred by Article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
CHAPTER XXXVII - MISCELLANEOUS
477 – Power of High Court to make rules
Every High Court may, with the previous approval of the State Government, make rules-as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;any other matter which is required to be, may be, prescribed.All rules made under this section shall be published in the Official Gazette.
CHAPTER XXXVII - MISCELLANEOUS
478 – Power to alter functions allocated to Executive Magistrates in certain cases
If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with High Court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
CHAPTER XXXVII - MISCELLANEOUS
479 – Cases in which Judge or Magistrate is personally interested
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any 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 therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.
CHAPTER XXXVII - MISCELLANEOUS
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.
CHAPTER XXXVII - MISCELLANEOUS
481 – Public servant concerned in sale not to purchase or bid for property
A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the properly.
CHAPTER XXXVII - MISCELLANEOUS
482 – Saving of inherent power of High Court
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
CHAPTER XXXVII - MISCELLANEOUS
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.
CHAPTER XXXVII - MISCELLANEOUS
484 – Repeal and savings
The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.Notwithstanding such repeal,-if, immediately before the date on which this Code conies into force, there is any appeal, application, trial inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the Old Code), as if this Code had not come into force:Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively to have been published, issued, Conferred, prescribed defined, passed or made under the corresponding provisions of this Code.any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction or consent;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 the Constitution.Where the period prescribed for an application or other proceeding under the old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefore is prescribed by this Code or provisions are made in this Code for the extension of time.