marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES
25A. Directorate of Prosecution
(1) The State Government may establish a Directorate of
Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it
thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of
Prosecution, only if he has been in practice as an advocate for not less than ten years and such
appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall
function under the administrative control of the Head of the Home Department in the State.
(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed
by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to
conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed
by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to
conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of
section 25 shall be subordinate to the Deputy Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution
and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as
the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate General for the State while
performing the functions of a Public Prosecutor.]
CHAPTER III - POWER OF COURTS
26. Courts by which offences are triable.
Subject to the other provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
1[Provided that any 2[offence under section 376, 3[section 376A, section 376AB, section 376B,
section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of
1860)] shall be tried as far as practicable by a Court presided over by a woman.]
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such
law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.
CHAPTER III - POWER OF COURTS
27. Jurisdiction in the case of juveniles.
Any offence not punishable with death or imprisonment
for life, committed by any person who at the date when he appears or is brought before the Court is under
the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court
specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in
force providing for the treatment, training and rehabilitation of youthful offenders.
CHAPTER III - POWER OF COURTS
28. Sentences which High Courts and Sessions Judges may pass.
(1) A High Court may pass any
sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death
or of imprisonment for life or of imprisonment for a term exceeding ten years.
CHAPTER III - POWER OF COURTS
29. Sentences which Magistrates may pass.
(1) The Court of a Chief Judicial Magistrate may pass
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding 1[ten thousand rupees], or of both.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding 2[five thousand rupees], or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief
Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the
first class.
CHAPTER III - POWER OF COURTS
30. Sentence of imprisonment in default of fine.
(1) The Court of a Magistrate may award such
term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term—
(a) is not in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for
the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under section 29.
CHAPTER III - POWER OF COURTS
31. Sentence in cases of conviction of several offences at one trial.
(1) When a person is convicted at
one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal
Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such
Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after
the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments
shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the
aggregate punishment for the several offences being in excess of the punishment which it is competent to
inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen
years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court
is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences
passed against him under this section shall be deemed to be a single sentence.
CHAPTER III - POWER OF COURTS
32. Mode of conferring powers.
(1) In conferring powers under this Code, the High Court or the
State Government, as the case may be, may, by order, empower persons specially by name or in virtue of
their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so
empowered.
CHAPTER III - POWER OF COURTS
33. Powers of officers appointed.
Whenever any person holding an office in the service of
Government who has been invested by the High Court or the State Government with any powers under
this Code throughout any local area is appointed to an equal or higher office of the same nature, within a
like local area under the same State Government, he shall, unless the High Court or the State Government,
as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local
area in which he is so appointed.
CHAPTER III - POWER OF COURTS
34. Withdrawal of powers.
(1) The High Court or the State Government, as the case may be, may
withdraw all or any of the powers conferred by it under this Code on any person or by any officer
1. Subs. by Act 25 of 2005, s. 5, for “five thousand rupees” (w.e.f. 23-6-2006).
2. Subs. by s. 5, ibid., for “one thousand rupees” (w.e.f. 23-6-2006).37
subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be
withdrawn by the respective Magistrate by whom such powers were conferred.
CHAPTER III - POWER OF COURTS
35. Powers of Judges and Magistrates exercisable by their successors-in-office.
(1) Subject to
the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or
performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant
Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the
purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office
of such Additional or Assistant Sessions Judge.
(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial
Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the
Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed
to be the successor-in-office of such Magistrate.
CHAPTER IV - A - POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police.
Police officers superior in rank to an officer in charge of
a police station may exercise the same powers, throughout the local area to which they are appointed, as
may be exercised by such officer within the limits of his station.
CHAPTER IV - B - AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police.
Every person is bound to assist a Magistrate or
police officer reasonably demanding his aid—
(a) in the taking or preventing the escape of any other person whom such Magistrate or police
officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or
public property.
CHAPTER IV - B - AID TO THE MAGISTRATES AND THE POLICE
38. Aid to person, other than police officer, executing warrant.
When a warrant is directed to a
person other than a police officer, any other person may aid in the execution of such warrant, if the person
to whom the warrant is directed be near at hand and acting in the execution of the warrant.
CHAPTER IV - B - AID TO THE MAGISTRATES AND THE POLICE
39. Public to give information of certain offences.
(1) Every person, aware of the commission of,
or of the intention of any other person to commit, any offence punishable under any of the following
sections of the Indian Penal Code (45 of 1860), namely:—
(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified
in Chapter VI of the said Code);
(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity
specified in Chapter VIII of the said Code);
(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal
gratification);
(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food
and drugs, etc.);
(v) sections 302, 303 and 304 (that is to say, offences affecting life);
1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]
(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or
restraint in order to the committing of the theft);
(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery
and dacoity);
(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant,
etc.);
(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property);
(x) sections 449 and 450 (that is to say, offence of house trespass);
(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and
(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes
and bank notes),
shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the
person so aware, forthwith give information to the nearest Magistrate or police officer of such
commission or intention.
(2) For the purposes of this section, the term “offence” includes any act committed at any place out
of India which would constitute an offence if committed in India.
CHAPTER IV - B - AID TO THE MAGISTRATES AND THE POLICE
40. Duty of officers employed, in connection with the affairs of a village to make certain report.
(1) Every officer employed in connection with the affairs of a village and every person residing
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest
police station, whichever is nearer, any information which he may possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property
in or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he
knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or
any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the
Indian Penal Code (45 of 1860);
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in
circumstances which lead to a reasonable suspicion that such a death has occurred or the
disappearance from such village of any person in circumstances which lead to a reasonable suspicion
that a non-bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India near such village any act
which, if committed in India, would be an offence punishable under any of the following sections of
the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399
(both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of
person or property respecting which the District Magistrate, by general or special order made with the
previous sanction of the State Government, has directed him to communicate information.
(2) In this section,—
(i) “village” includes village-lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any
Court or authority in any territory in India to which this Code does not extend, in respect of any act
which if committed in the territories to which this Code extends, would be an offence punishable
under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382,
392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);
(iii) the words “officer employed in connection with the affairs of the village” means a member39
of the panchayat of the village and includes the headman and every officer or other person appointed
to perform any function connected with the administration of the village.
CHAPTER V - ARREST OF PERSONS
41A. Notice of appearance before police officer.
(1) 3[The police officer shall], in all cases
where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a
notice directing the person against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear
before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the
terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of
the opinion that he ought to be arrested.
4[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to
identify himself, the police officer may, subject to such orders as may have been passed by a competent
Court in this behalf, arrest him for the offence mentioned in the notice.]
CHAPTER V - ARREST OF PERSONS
41B. Procedure of arrest and duties of officer making arrest.
Every police officer while making
an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy
identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a
respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that
he has a right to have a relative or a friend named by him to be informed of his arrest.
CHAPTER V - ARREST OF PERSONS
41C. Control room at districts.
(1) The State Government shall establish a police control room—
(a) in every district; and
(b) at State level.
(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at
every district, the names and addresses of the persons arrested and the name and designation of the police
officers who made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect from time to time, details
about the persons arrested, nature of the offence with which they are charged and maintain a database for the
information of the general public.
CHAPTER V - ARREST OF PERSONS
41D. Right of arrested person to meet an advocate of his choice during interrogation.
When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during
interrogation, though not throughout interrogation.]
CHAPTER V - ARREST OF PERSONS
42. Arrest on refusal to give name and residence.
(1) When any person who, in the presence of a
police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties
resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall
forthwith be forwarded to the nearest Magistrate having jurisdiction.
CHAPTER V - ARREST OF PERSONS
43. Arrest by private person and procedure on such arrest.
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
CHAPTER V - ARREST OF PERSONS
44. Arrest by Magistrate.
(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
CHAPTER V - ARREST OF PERSONS
45. Protection of members of the Armed Forces from arrest.
(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.
CHAPTER V - ARREST OF PERSONS
46. Arrest how made.
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:
1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.]
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]