marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER I - PRELIMINARY
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 1***:
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 such provisions or any of them to the
whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental,
incidental or consequential 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 the Constitution, 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.
CHAPTER I - PRELIMINARY
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 an area 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 a reference 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, any reference to the Court of a Judicial
Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the
Metropolitan 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 the second class in relation to such area, shall
be construed as a reference to the Metropolitan 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 of any decision which
exposes any person to any punishment or penalty or detention in custody pending investigation,
inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject
to the provisions of this Code, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a licence, 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.
CHAPTER I - PRELIMINARY
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 the time being in force regulating
the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.
CHAPTER I - PRELIMINARY
5. Saving.
Nothing contained in this Code shall, in the absence of a specific provision to the
contrary, affect any special or local law for the time being in force, or any special jurisdiction or power
conferred, or any special form of procedure prescribed, by any other law for the time being in force.
CHAPTER II - CONSTITUTION 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.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
7. Territorial divisions.
(1) Every State shall be a sessions division or shall consist of sessions
divisions; and every sessions divisions 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 the commencement of this
Code, shall be deemed to have been formed under this section.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
8. Metropolitan areas
(1) The State Government may, by notification, declare that, as from such
date as may be specified in the notification, any area in the State comprising a city or town whose
population exceeds one million shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, 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 the limits of a metropolitan
area but the reduction or alteration shall not be so made 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), the limits of any
metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending
immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry,
trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration 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.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 Assistant Session 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 such case he may sit for the disposal of cases at
such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the
disposal of any urgent application which is, or may be, made or pending before such Court of Session by
an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a
Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate 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 of the 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 at that 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 to be
made by Government.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
10. Subordination of Assistant Sessions Judges.
(1) All Assistant Sessions Judges shall be
subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this 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
Magistrate shall be deemed to have jurisdiction to deal with any such application.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
11. Courts of Judicial Magistrates
(1) In every district (not being a metropolitan area) there shall
be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such
places, as the State Government may, after consultation with the High Court, by notification, specify:
1[Provided that the State Government may, after consultation with the High Court, establish, for any
local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try
any particular case or particular class of cases, and where any such Special Court is established, no other
Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of
which such Special Court of Judicial Magistrate has been established.]
(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 or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the
State, functioning as a Judge in a Civil Court.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
(1) In every
district (not being a metropolitan area), the High Court shall appoint 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 class in any sub-division as
the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as
occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial
Magistrate shall also have and exercise, such powers of supervision 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.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
13. Special Judicial Magistrates.
(1) The High Court may, if requested by the Central or State
Government so to do, confer upon any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1[of the first
class or of the second class, in respect to particular cases or to particular classes of cases, in any local
area, not being a metropolitan area:]
Provided that no such power shall be conferred on a person unless he possesses 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 such term,
not exceeding one year at a time, as the High Court may, by general or special order, direct.
2[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a
Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 the
Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with
which they may respectively be invested under this Code:
1[Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the
local area for which it is established.]
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such
Magistrate shall extend throughout the district.
2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or
section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which
he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or
the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his
local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of
Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising
jurisdiction in relation to the said district or metropolitan area.]
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 the Sessions 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 business among the Judicial Magistrates subordinate to him.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
16. Courts of Metropolitan Magistrates
(1) In every metropolitan area, there shall be established
as many Courts of Metropolitan 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 the
metropolitan area.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
(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 all or any of the powers of a Chief Metropolitan Magistrate
under this Code or under any other law for the time being in force as the High Court may direct.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
18. Special Metropolitan Magistrates.
(1) The High Court may, if requested by the Central or State
Government so to do, confer upon any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in
respect to particular cases or to particular classes of cases 3*** , in any metropolitan area within its local
jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or
experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such
term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
4[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first
class.]
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 the Sessions Judge, be subordinate to the
Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any,
of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to
the allocation of business to an Additional Chief Metropolitan Magistrate.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 shall appoint
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 1[such] of the powers of a District Magistrate under this Code
or under any other law for the time being in force 2[as may be directed by the State Government].
(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 and
imposed 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 the Magistrate so placed in charge of a sub-division
shall be called the Sub-divisional Magistrate.
3[(4A) The State Government may, by general or special order and subject to such control and
directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District
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.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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 and powers of every such Magistrate shall extend throughout the district.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
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, to the 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 business to an Additional District Magistrate.
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
25. Assistant Public prosecutors
(1) The State Government shall appoint in every district one or
more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
1[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the
purpose of conducting any case or class of cases 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 Assistant Public 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 to which the accused is
being prosecuted; or
(b) if he is below the rank of Inspector.