Chapter: I |
PRELIMINARY |
Section 1 |
: |
Short title, extent and commencement
|
Section 2 |
: |
Definitions
|
Section 3 |
: |
Construction of references
|
Section 4 |
: |
Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
|
Section 5 |
: |
Saving
|
Chapter: II |
CONSTITUTION OF CRIMINAL COURTS AND OFFICES |
Section 6 |
: |
Classes of Criminal Courts
|
Section 7 |
: |
Territorial divisions
|
Section 8 |
: |
Court of Session
|
Section 9 |
: |
Courts of Judicial Magistrates
|
Section 10 |
: |
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
|
Section 11 |
: |
Special Judicial Magistrates
|
Section 12 |
: |
Local Jurisdiction of Judicial Magistrates
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Section 13 |
: |
Subordination of Judicial Magistrates
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Section 14 |
: |
Executive Magistrates
|
Section 15 |
: |
Special Executive Magistrates
|
Section 16 |
: |
Local Jurisdiction of Executive Magistrates
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Section 17 |
: |
Subordination of Executive Magistrates
|
Section 18 |
: |
Public Prosecutors
|
Section 19 |
: |
Assistant Public Prosecutors
|
Section 20 |
: |
Directorate of Prosecution
|
Chapter: III |
POWER OF COURTS |
Section 21 |
: |
Courts by which offences are triable
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Section 22 |
: |
Sentences which High Courts and Sessions Judges may pass
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Section 23 |
: |
Sentences which Magistrates may pass
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Section 24 |
: |
Sentence of imprisonment in default of fine
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Section 25 |
: |
Sentence in cases of conviction of several offences at one trial
|
Section 26 |
: |
Mode of conferring powers
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Section 27 |
: |
Powers of officers appointed
|
Section 28 |
: |
Withdrawal of powers
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Section 29 |
: |
Powers of Judges and Magistrates exercisable by their successors-in-office
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Chapter: IV |
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE |
Section 30 |
: |
Powers of superior officers of police. Public when to assist Magistrates and police
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Section 31 |
: |
Public when to assist Magistrates and police
|
Section 32 |
: |
Aid to person, other than police officer, executing warrant
|
Section 33 |
: |
Public to give information of certain offences
|
Section 34 |
: |
Duty of officers employed in connection with affairs of a village to make certain report
|
Chapter: V |
ARREST OF PERSONS |
Section 35 |
: |
When police may arrest without warrant
|
Section 36 |
: |
Procedure of arrest and duties of officer making arrest
|
Section 37 |
: |
Designated police officer
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Section 38 |
: |
Right of arrested person to meet an advocate of his choice during interrogation
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Section 39 |
: |
Arrest on refusal to give name and residence
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Section 40 |
: |
Arrest by private person and procedure on such arrest
|
Section 41 |
: |
Arrest by Magistrate
|
Section 42 |
: |
Protection of members of Armed Forces from arrest
|
Section 43 |
: |
Arrest how made
|
Section 44 |
: |
Search of place entered by person sought to be arrested
|
Section 45 |
: |
Pursuit of offenders into other jurisdictions
|
Section 46 |
: |
No unnecessary restraint
|
Section 47 |
: |
Person arrested to be informed of grounds of arrest and of right to bail
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Section 48 |
: |
Obligation of person making arrest to inform about arrest, etc., to relative or friend
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Section 49 |
: |
Search of arrested person
|
Section 50 |
: |
Power to seize offensive weapons
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Section 51 |
: |
Examination of accused by medical practitioner at request of police officer
|
Section 52 |
: |
Examination of person accused of rape by medical practitioner
|
Section 53 |
: |
Examination of arrested person by medical officer
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Section 54 |
: |
Identification of person arrested
|
Section 55 |
: |
Procedure when police officer deputes subordinate to arrest without warrant
|
Section 56 |
: |
Health and safety of arrested person
|
Section 57 |
: |
Person arrested to be taken before Magistrate or officer in charge of police station
|
Section 58 |
: |
Person arrested not to be detained more than twenty-four hours
|
Section 59 |
: |
Police to report apprehensions
|
Section 60 |
: |
Discharge of person apprehended
|
Section 61 |
: |
Power, on escape, to pursue and retake
|
Section 62 |
: |
Arrest to be made strictly according to Sanhita
|
Chapter: VI |
PROCESSES TO COMPEL APPEARANCE |
Part: A |
Summons |
Section 63 |
: |
Form of summons
|
Section 64 |
: |
Summons how served
|
Section 65 |
: |
Service of summons on corporate bodies, firms, and societies
|
Section 66 |
: |
Service when persons summoned cannot be found
|
Section 67 |
: |
Procedure when service cannot be effected as before provided
|
Section 68 |
: |
Service on Government servant
|
Section 69 |
: |
Service of summons outside local limits
|
Section 70 |
: |
Proof of service in such cases and when serving officer not present
|
Section 71 |
: |
Service of summons on witness
|
Part: B |
Warrant of arrest |
Section 72 |
: |
Form of warrant of arrest and duration
|
Section 73 |
: |
Power to direct security to be taken
|
Section 74 |
: |
Warrants to whom directed
|
Section 75 |
: |
Warrant may be directed to any person
|
Section 76 |
: |
Warrant directed to police officer.
|
Section 77 |
: |
Notification of substance of warrant.
|
Section 78 |
: |
Person arrested to be brought before Court without delay
|
Section 79 |
: |
Where warrant may be executed
|
Section 80 |
: |
Warrant forwarded for execution outside jurisdiction
|
Section 81 |
: |
Warrant directed to police officer for execution outside jurisdiction
|
Section 82 |
: |
Procedure on arrest of person against whom warrant issued
|
Section 83 |
: |
Procedure by Magistrate before whom such person arrested is brought
|
Part: C |
Proclamation and attachment |
Section 84 |
: |
Proclamation for person absconding
|
Section 85 |
: |
Attachment of property of person absconding
|
Section 86 |
: |
Identification and attachment of property of proclaimed person
|
Section 87 |
: |
Claims and objections to attachment
|
Section 88 |
: |
Release, sale and restoration of attached property
|
Section 89 |
: |
Appeal from order rejecting application for restoration of attached property
|
Part: D |
Other rules regarding processes |
Section 90 |
: |
Issue of warrant in lieu of, or in addition to, summons
|
Section 91 |
: |
Power to take bond or bail bond for appearance
|
Section 92 |
: |
Arrest on breach of bond or bail bond for appearance
|
Section 93 |
: |
Provisions of this Chapter generally applicable to summons and warrants of arrest
|
Chapter: VII |
PROCESSES TO COMPEL THE PRODUCTION OF THINGS |
Part: A |
Summons to produce |
Section 94 |
: |
Summons to produce document or other thing
|
Section 95 |
: |
Procedure as to letters
|
Part: B |
Search-warrants |
Section 96 |
: |
When search-warrant may be issued
|
Section 97 |
: |
Search of place suspected to contain stolen property, forged documents, etc.
|
Section 98 |
: |
Power to declare certain publications forfeited and to issue search-warrants for same
|
Section 99 |
: |
Application to High Court to set aside declaration of forfeiture
|
Section 100 |
: |
Search for persons wrongfully confined
|
Section 101 |
: |
Power to compel restoration of abducted females
|
Part: C |
General provisions relating to searches |
Section 102 |
: |
Direction, etc., of search-warrants
|
Section 103 |
: |
Persons in charge of closed place to allow search
|
Section 104 |
: |
Disposal of things found in search beyond jurisdiction
|
Part: D |
Miscellaneous |
Section 105 |
: |
Recording of search and seizure through audio-video electronic means
|
Section 106 |
: |
Power of police officer to seize certain property
|
Section 107 |
: |
Attachment, forfeiture or restoration of property
|
Section 108 |
: |
Magistrate may direct search in his presence
|
Section 109 |
: |
Power to impound document, etc., produced
|
Section 110 |
: |
Reciprocal arrangements regarding processes
|
Chapter: VIII |
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY |
Section 111 |
: |
Definitions
|
Section 112 |
: |
Letter of request to competent authority for investigation in a country or place outside India.
|
Section 113 |
: |
Letter of request from a country or place outside India to a Court or an authority for investigation in India
|
Section 114 |
: |
Assistance in securing transfer of persons
|
Section 115 |
: |
Assistance in relation to orders of attachment or forfeiture of property
|
Section 116 |
: |
Identifying unlawfully acquired property
|
Section 117 |
: |
Seizure or attachment of property
|
Section 118 |
: |
Management of properties seized or forfeited under this Chapter
|
Section 119 |
: |
Notice of forfeiture of property
|
Section 120 |
: |
Forfeiture of property in certain cases
|
Section 121 |
: |
Fine in lieu of forfeiture
|
Section 122 |
: |
Certain transfers to be null and void
|
Section 123 |
: |
Procedure in respect of letter of request
|
Section 124 |
: |
Application of this Chapter
|
Chapter: IX |
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR |
Section 125 |
: |
Security for keeping peace on conviction
|
Section 126 |
: |
Security for keeping peace in other cases
|
Section 127 |
: |
Security for good behaviour from persons disseminating certain matters
|
Section 128 |
: |
Security for good behaviour from suspected persons
|
Section 129 |
: |
Security for good behaviour from habitual offenders
|
Section 130 |
: |
Order to be made
|
Section 131 |
: |
Procedure in respect of person present in Court
|
Section 132 |
: |
Summons or warrant in case of person not so present
|
Section 133 |
: |
Copy of order to accompany summons or warrant
|
Section 134 |
: |
Power to dispense with personal attendance
|
Section 135 |
: |
Inquiry as to truth of information
|
Section 136 |
: |
Order to give security
|
Section 137 |
: |
Discharge of person informed against
|
Section 138 |
: |
Commencement of period for which security is required
|
Section 139 |
: |
Contents of bond
|
Section 140 |
: |
Power to reject sureties
|
Section 141 |
: |
Imprisonment in default of security
|
Section 142 |
: |
Power to release persons imprisoned for failing to give security
|
Section 143 |
: |
Security for unexpired period of bond
|
Chapter: X |
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS |
Section 144 |
: |
Order for maintenance of wives, children and parents
|
Section 145 |
: |
Procedure
|
Section 146 |
: |
Alteration in allowance
|
Section 147 |
: |
Enforcement of order of maintenance
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Chapter: XI |
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY |
Part: A |
Unlawful assemblies |
Section 148 |
: |
Dispersal of assembly by use of civil force
|
Section 149 |
: |
Use of armed forces to disperse assembly
|
Section 150 |
: |
Power of certain armed force officers to disperse assembly
|
Section 151 |
: |
Protection against prosecution for acts done under sections 148, 149 and 150
|
Part: B |
Public nuisances |
Section 152 |
: |
Conditional order for removal of nuisance
|
Section 153 |
: |
Service or notification of order
|
Section 154 |
: |
Person to whom order is addressed to obey or show cause
|
Section 155 |
: |
Penalty for failure to comply with section 154
|
Section 156 |
: |
Procedure where existence of public right is denied
|
Section 157 |
: |
Procedure where person against whom order is made under section 152 appears to show cause
|
Section 158 |
: |
Power of Magistrate to direct local investigation and examination of an expert
|
Section 159 |
: |
Power of Magistrate to furnish written instructions, etc.
|
Section 160 |
: |
Procedure on order being made absolute and consequences of disobedience
|
Section 161 |
: |
Injunction pending inquiry
|
Section 162 |
: |
Magistrate may prohibit repetition or continuance of public nuisance
|
Part: C |
Urgent cases of nuisance or apprehended danger |
Section 163 |
: |
Power to issue order in urgent cases of nuisance or apprehended danger
|
Part: D |
Disputes as to immovable property |
Section 164 |
: |
Procedure where dispute concerning land or water is likely to cause breach of peace
|
Section 165 |
: |
Power to attach subject of dispute and to appoint receiver
|
Section 166 |
: |
Dispute concerning right of use of land or water.
|
Section 167 |
: |
Local inquiry
|
Chapter: XII |
PREVENTIVE ACTION OF THE POLICE |
Section 168 |
: |
Police to prevent cognizable offences
|
Section 169 |
: |
Information of design to commit cognizable offences
|
Section 170 |
: |
Arrest to prevent commission of cognizable offences
|
Section 171 |
: |
Prevention of injury to public property
|
Section 172 |
: |
Persons bound to conform to lawful directions of police
|
Chapter: XIII |
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE |
Section 173 |
: |
Information in cognizable cases
|
Section 174 |
: |
Information as to non-cognizable cases and investigation of such cases
|
Section 175 |
: |
Police officer's power to investigate cognizable case
|
Section 176 |
: |
Procedure for investigation
|
Section 177 |
: |
Report how submitted
|
Section 178 |
: |
Power to hold investigation or preliminary inquiry
|
Section 179 |
: |
Police officer's power to require attendance of witnesses
|
Section 180 |
: |
Examination of witnesses by police
|
Section 181 |
: |
Statements to police and use thereof
|
Section 182 |
: |
No inducement to be offered
|
Section 183 |
: |
Recording of confessions and statements
|
Section 184 |
: |
Medical examination of victim of rape
|
Section 185 |
: |
Search by police officer
|
Section 186 |
: |
When officer in charge of police station may require another to issue search-warrant
|
Section 187 |
: |
Procedure when investigation cannot be completed in twenty-four hours
|
Section 188 |
: |
Report of investigation by subordinate police officer
|
Section 189 |
: |
Release of accused when evidence deficient
|
Section 190 |
: |
Cases to be sent to Magistrate, when evidence is sufficient
|
Section 191 |
: |
Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
|
Section 192 |
: |
Diary of proceedings in investigation
|
Section 193 |
: |
Report of police officer on completion of investigation
|
Section 194 |
: |
Police to enquire and report on suicide, etc.
|
Section 195 |
: |
Power to summon persons
|
Section 196 |
: |
Inquiry by Magistrate into cause of death
|
Chapter: XIV |
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS |
Section 197 |
: |
Ordinary place of inquiry and trial
|
Section 198 |
: |
Place of inquiry or trial
|
Section 199 |
: |
Offence triable where act is done or consequence ensues
|
Section 200 |
: |
Place of trial where act is an offence by reason of relation to other offence
|
Section 201 |
: |
Place of trial in case of certain offences
|
Section 202 |
: |
Offences committed by means of electronic communications, letters, etc.
|
Section 203 |
: |
Offence committed on journey or voyage.
|
Section 204 |
: |
Place of trial for offences triable together.
|
Section 205 |
: |
Power to order cases to be tried in different sessions divisions.
|
Section 206 |
: |
High Court to decide, in case of doubt, district where inquiry or trial shall take place
|
Section 207 |
: |
Power to issue summons or warrant for offence committed beyond local jurisdiction
|
Section 208 |
: |
Offence committed outside India
|
Section 209 |
: |
Receipt of evidence relating to offences committed outside India
|
Chapter: XV |
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS |
Section 210 |
: |
Cognizance of offences by Magistrate
|
Section 211 |
: |
Transfer on application of accused
|
Section 212 |
: |
Making over of cases to Magistrates
|
Section 213 |
: |
Cognizance of offences by Court of Session
|
Section 214 |
: |
Additional Sessions Judges to try cases made over to them
|
Section 215 |
: |
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
|
Section 216 |
: |
Procedure for witnesses in case of threatening, etc.
|
Section 217 |
: |
Prosecution for offences against State and for criminal conspiracy to commit such offence
|
Section 218 |
: |
Prosecution of Judges and public servants
|
Section 219 |
: |
Prosecution for offences against marriage
|
Section 220 |
: |
Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
|
Section 221 |
: |
Cognizance of offence
|
Section 222 |
: |
Prosecution for defamation
|
Chapter: XVI |
COMPLAINTS TO MAGISTRATES |
Section 223 |
: |
Examination of complainant
|
Section 224 |
: |
Procedure by Magistrate not competent to take cognizance of case
|
Section 225 |
: |
Postponement of issue of process
|
Section 226 |
: |
Dismissal of complaint
|
Chapter: XVII |
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES |
Section 227 |
: |
Issue of process
|
Section 228 |
: |
Magistrate may dispense with personal attendance of accused
|
Section 229 |
: |
Special summons in cases of petty offence
|
Section 230 |
: |
Supply to accused of copy of police report and other documents
|
Section 231 |
: |
Supply of copies of statements and documents to accused in other cases triable by Court of Session
|
Section 232 |
: |
Commitment of case to Court of Session when offence is triable exclusively by it
|
Section 233 |
: |
Procedure to be followed when there is a complaint case and police investigation in respect of same offence
|
Chapter: XVIII |
THE CHARGE |
Part: A |
Form of charges |
Section 234 |
: |
Contents of charge
|
Section 235 |
: |
Particulars as to time, place and person
|
Section 236 |
: |
When manner of committing offence must be stated
|
Section 237 |
: |
Words in charge taken in sense of law under which offence is punishable
|
Section 238 |
: |
Effect of errors
|
Section 239 |
: |
Court may alter charge
|
Section 240 |
: |
Recall of witnesses when charge altered
|
Part: B |
Joinder of charges |
Section 241 |
: |
Separate charges for distinct offences
|
Section 242 |
: |
Offences of same kind within year may be charged together
|
Section 243 |
: |
Trial for more than one offence
|
Section 244 |
: |
Where it is doubtful what offence has been committed
|
Section 245 |
: |
When offence proved included in offence charged
|
Section 246 |
: |
What persons may be charged jointly.
|
Section 247 |
: |
Withdrawal of remaining charges on conviction on one of several charges
|
Chapter: XIX |
TRIAL BEFORE A COURT OF SESSION |
Section 248 |
: |
Trial to be conducted by Public Prosecutor
|
Section 249 |
: |
Opening case for prosecution
|
Section 250 |
: |
Discharge
|
Section 251 |
: |
Framing of charge
|
Section 252 |
: |
Conviction on plea of guilty
|
Section 253 |
: |
Date for prosecution evidence
|
Section 254 |
: |
Evidence for prosecution
|
Section 255 |
: |
Acquittal
|
Section 256 |
: |
Entering upon defence
|
Section 257 |
: |
Arguments
|
Section 258 |
: |
Judgment of acquittal or conviction
|
Section 259 |
: |
Previous conviction
|
Section 260 |
: |
Procedure in cases instituted under sub-section (2) of section 222
|
Chapter: XX |
TRIAL OF WARRANT-CASES BY MAGISTRATES |
Part: A |
Cases instituted on a police report |
Section 261 |
: |
Compliance with section 230
|
Section 262 |
: |
When accused shall be discharged
|
Section 263 |
: |
Framing of charge
|
Section 264 |
: |
Conviction on plea of guilty
|
Section 265 |
: |
Evidence for prosecution
|
Section 266 |
: |
Evidence for defence
|
Part: B |
Cases instituted otherwise than on police report |
Section 267 |
: |
Evidence for prosecution
|
Section 268 |
: |
When accused shall be discharged
|
Section 269 |
: |
Procedure where accused is not discharged
|
Section 270 |
: |
Evidence for defence
|
Part: C |
Conclusion of trial |
Section 271 |
: |
Acquittal or conviction
|
Section 272 |
: |
Absence of complainant
|
Section 273 |
: |
Compensation for accusation without reasonable cause
|
Chapter: XXI |
TRIAL OF SUMMONS-CASES BY MAGISTRATES |
Section 274 |
: |
Substance of accusation to be stated
|
Section 275 |
: |
Conviction on plea of guilty
|
Section 276 |
: |
Conviction on plea of guilty in absence of accused in petty cases
|
Section 277 |
: |
Procedure when not convicted
|
Section 278 |
: |
Acquittal or conviction
|
Section 279 |
: |
Non-appearance or death of complainant
|
Section 280 |
: |
Withdrawal of complaint
|
Section 281 |
: |
Power to stop proceedings in certain cases
|
Section 282 |
: |
Power of Court to convert summons cases into warrant-cases
|
Chapter: XXII |
SUMMARY TRIALS |
Section 283 |
: |
Power to try summarily
|
Section 284 |
: |
Summary trial by Magistrate of second class
|
Section 285 |
: |
Procedure for summary trials
|
Section 286 |
: |
Record in summary trials
|
Section 287 |
: |
Judgment in cases tried summarily
|
Section 288 |
: |
Language of record and judgment
|
Chapter: XXIII |
PLEA BARGAINING |
Section 289 |
: |
Application of Chapter
|
Section 290 |
: |
Application for plea bargaining
|
Section 291 |
: |
Guidelines for mutually satisfactory disposition.
|
Section 292 |
: |
Report of mutually satisfactory disposition to be submitted before Court.
|
Section 293 |
: |
Disposal of case
|
Section 294 |
: |
Judgment of Court
|
Section 295 |
: |
Finality of judgment
|
Section 296 |
: |
Power of Court in plea bargaining
|
Section 297 |
: |
Period of detention undergone by accused to be set off against sentence of imprisonment
|
Section 298 |
: |
Savings
|
Section 299 |
: |
Statements of accused not to be used
|
Section 300 |
: |
Nonapplication of Chapter
|
Chapter: XXIV |
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS |
Section 301 |
: |
Definitions
|
Section 302 |
: |
Power to require attendance of prisoners
|
Section 303 |
: |
Power of State Government or Central Government to exclude certain persons from operation of section 302.
|
Section 304 |
: |
Officer in charge of prison to abstain from carrying out order in certain contingencies
|
Section 305 |
: |
Prisoner to be brought to Court in custody
|
Section 306 |
: |
Power to issue commission for examination of witness in prison
|
Chapter: XXV |
EVIDENCE IN INQUIRIES AND TRIALS |
Part: A |
Mode of taking and recording evidence |
Section 307. |
: |
Language of Courts
|
Section 308 |
: |
Evidence to be taken in presence of accused
|
Section 309 |
: |
Record in Summons-cases and inquiries
|
Section 310 |
: |
Record in warrant-cases.
|
Section 311 |
: |
Record in trial before Court of Session
|
Section 312 |
: |
Language of record of evidence
|
Section 313 |
: |
Procedure in regard to such evidence when completed
|
Section 314 |
: |
Interpretation of evidence to accused or his advocate
|
Section 315 |
: |
Remarks respecting demeanour of witness
|
Section 316 |
: |
Record of examination of accused
|
Section 317 |
: |
Interpreter to be bound to interpret truthfully.
|
Section 318 |
: |
Record in High Court
|
Part: B |
Commissions for the examination of witnesses |
Section 319 |
: |
When attendance of witness may be dispensed with and commission issued
|
Section 320 |
: |
Commission to whom to be issued
|
Section 321 |
: |
Execution of commissions
|
Section 322 |
: |
Parties may examine witnesses
|
Section 323 |
: |
Return of commission
|
Section 324 |
: |
Adjournment of proceeding
|
Section 325 |
: |
Execution of foreign commissions
|
Section 326 |
: |
Deposition of medical witness
|
Section 327 |
: |
Identification report of Magistrate
|
Section 328 |
: |
Evidence of officers of Mint
|
Section 329 |
: |
Reports of certain Government scientific experts
|
Section 330 |
: |
No formal proof of certain documents.
|
Section 331 |
: |
Affidavit in proof of conduct of public servants
|
Section 332 |
: |
Evidence of formal character on affidavit
|
Section 333 |
: |
Authorities before whom affidavits may be sworn
|
Section 334 |
: |
Previous conviction or acquittal how proved
|
Section 335 |
: |
Record of evidence in absence of accused
|
Section 336 |
: |
Evidence of public servants, experts, police officers in certain cases
|
Chapter: XXVI |
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS |
Section 337 |
: |
Person once convicted or acquitted not to be tried for same offence
|
Section 338 |
: |
Appearance by Public Prosecutors
|
Section 339 |
: |
Permission to conduct prosecution
|
Section 340 |
: |
Right of person against whom proceedings are instituted to be defended
|
Section 341 |
: |
Legal aid to accused at State expense in certain cases
|
Section 342 |
: |
Procedure when corporation or registered society is an accused
|
Section 343 |
: |
Tender of pardon to accomplice
|
Section 344 |
: |
Power to direct tender of pardon
|
Section 345 |
: |
Trial of person not complying with conditions of pardon
|
Section 346 |
: |
Power to postpone or adjourn proceedings
|
Section 347 |
: |
Local inspection
|
Section 348 |
: |
Power to summon material witness, or examine person present
|
Section 349 |
: |
Power of Magistrate to order person to give specimen signatures or handwriting, etc.
|
Section 350 |
: |
Expenses of complainants and witnesses
|
Section 351 |
: |
Power to examine accused
|
Section 352 |
: |
Oral arguments and memorandum of arguments.
|
Section 353 |
: |
Accused person to be competent witness
|
Section 354 |
: |
No influence to be used to induce disclosure
|
Section 355 |
: |
Provision for inquiries and trial being held in absence of accused in certain cases
|
Section 356 |
: |
Inquiry, trial or judgment in absentia of proclaimed offender
|
Section 357 |
: |
Procedure where accused does not understand proceedings
|
Section 358 |
: |
Power to proceed against other persons appearing to be guilty of offence.
|
Section 359 |
: |
Compounding of offences
|
Section 360 |
: |
Withdrawal from prosecution
|
Section 361 |
: |
Procedure in cases which Magistrate cannot dispose of
|
Section 362 |
: |
Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
|
Section 363 |
: |
Trial of persons previously convicted of offences against coinage, stamp-law or property
|
Section 364 |
: |
Procedure when Magistrate cannot pass sentence sufficiently severe
|
Section 365 |
: |
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
|
Section 366 |
: |
Court to be open.
|
Chapter: XXVII |
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND |
Section 367 |
: |
Procedure in case of accused being person of unsound mind
|
Section 368 |
: |
Procedure in case of person of unsound mind tried before Court
|
Section 369 |
: |
Release of person of unsound mind pending investigation or trial
|
Section 370 |
: |
Resumption of inquiry or trial
|
Section 371 |
: |
Procedure on accused appearing before Magistrate or Court
|
Section 372 |
: |
When accused appears to have been of sound mind
|
Section 373 |
: |
Judgment of acquittal on ground of unsoundness of mind
|
Section 374 |
: |
Person acquitted on ground of unsoundness of mind to be detained in safe custody
|
Section 375 |
: |
Power of State Government to empower officer in charge to discharge
|
Section 376 |
: |
Procedure where prisoner of unsound mind is reported capable of making his defence
|
Section 377 |
: |
Procedure where person of unsound mind detained is declared fit to be released
|
Section 378 |
: |
Delivery of person of unsound mind to care of relative or friend
|
Chapter: XXVIII |
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE |
Section 379 |
: |
Procedure in cases mentioned in section 215
|
Section 380 |
: |
Appeal
|
Section 381 |
: |
Power to order costs
|
Section 382 |
: |
Procedure of Magistrate taking cognizance
|
Section 383 |
: |
Summary procedure for trial for giving false evidence
|
Section 384 |
: |
Procedure in certain cases of contempt
|
Section 385 |
: |
Procedure where Court considers that case should not be dealt with under section 384
|
Section 386 |
: |
When Registrar or Sub-Registrar to be deemed a Civil Court
|
Section 387 |
: |
Discharge of offender on submission of apology
|
Section 388 |
: |
Imprisonment or committal of person refusing to answer or produce document
|
Section 389 |
: |
Summary procedure for punishment for nonattendance by a witness in obedience to summons
|
Section 390 |
: |
Appeals from convictions under sections 383, 384, 388 and 389
|
Section 391 |
: |
Certain Judges and Magistrates not to try certain offences when committed before themselves
|
Chapter: XXIX |
THE JUDGMENT |
Section 392 |
: |
Judgment
|
Section 393 |
: |
Language and contents of judgment
|
Section 394 |
: |
Order for notifying address of previously convicted offender
|
Section 395 |
: |
Order to pay compensation
|
Section 396 |
: |
Victim compensation scheme
|
Section 397 |
: |
Treatment of victims
|
Section 398 |
: |
Witness protection scheme
|
Section 399 |
: |
Compensation to persons groundlessly arrested
|
Section 400 |
: |
Order to pay costs in non-cognizable cases
|
Section 401 |
: |
Order to release on probation of good conduct or after admonition
|
Section 402 |
: |
Special reasons to be recorded in certain cases
|
Section 403 |
: |
Court not to alter judgment
|
Section 404 |
: |
Copy of judgment to be given to accused and other persons
|
Section 405 |
: |
Judgment when to be translated
|
Section 406 |
: |
Court of Session to send copy of finding and sentence to District Magistrate
|
Chapter: XXX |
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION |
Section 407 |
: |
Sentence of death to be submitted by Court of Session for confirmation
|
Section 408 |
: |
Power to direct further inquiry to be made or additional evidence to be taken
|
Section 409 |
: |
Power of High Court to confirm sentence or annul conviction
|
Section 410 |
: |
Confirmation or new sentence to be signed by two Judges
|
Section 411 |
: |
Procedure in case of difference of opinion
|
Section 412 |
: |
Procedure in cases submitted to High Court for confirmation
|
Chapter: XXXI |
APPEALS |
Section 413 |
: |
No appeal to lie unless otherwise provided
|
Section 414 |
: |
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
|
Section 415 |
: |
Appeals from convictions
|
Section 416 |
: |
No appeal in certain cases when accused pleads guilty
|
Section 417 |
: |
No appeal in petty cases
|
Section 418 |
: |
Appeal by State Government against sentence
|
Section 419 |
: |
Appeal in case of acquittal
|
Section 420 |
: |
Appeal against conviction by High Court in certain cases
|
Section 421 |
: |
Special right of appeal in certain cases
|
Section 422 |
: |
Appeal to Court of Session how heard
|
Section 423 |
: |
Petition of appeal
|
Section 424 |
: |
Procedure when appellant in jail
|
Section 425 |
: |
Summary dismissal of appeal
|
Section 426 |
: |
Procedure for hearing appeals not dismissed summarily
|
Section 427 |
: |
Powers of Appellate Court
|
Section 428 |
: |
Judgments of subordinate Appellate Court
|
Section 429 |
: |
Order of High Court on appeal to be certified to lower Court
|
Section 430 |
: |
Suspension of sentence pending appeal; release of appellant on bail
|
Section 431 |
: |
Arrest of accused in appeal from acquittal
|
Section 432 |
: |
Appellate Court may take further evidence or direct it to be taken
|
Section 433 |
: |
Procedure where Judges of Court of appeal are equally divided
|
Section 434 |
: |
Finality of judgments and orders on appeal
|
Section 435 |
: |
Abatement of appeals
|
Chapter: XXXII |
REFERENCE AND REVISION |
Section 436 |
: |
Reference to High Court
|
Section 437 |
: |
Disposal of case according to decision of High Court
|
Section 438 |
: |
Calling for records to exercise powers of revision
|
Section 439 |
: |
Power to order inquiry
|
Section 440 |
: |
Sessions Judge's powers of revision
|
Section 441 |
: |
Power of Additional Sessions Judge
|
Section 442 |
: |
High Court's powers of revision
|
Section 443 |
: |
Power of High Court to withdraw or transfer revision cases
|
Section 444 |
: |
Option of Court to hear parties
|
Section 445 |
: |
High Court's order to be certified to lower Court
|
Chapter: XXXIII |
TRANSFER OF CRIMINAL CASES |
Section 446 |
: |
Power of Supreme Court to transfer cases and appeals
|
Section 447 |
: |
Power of High Court to transfer cases and appeals
|
Section 448 |
: |
Power of Sessions Judge to transfer cases and appeals
|
Section 449 |
: |
Withdrawal of cases and appeals by Sessions Judges
|
Section 450 |
: |
Withdrawal of cases by Judicial Magistrates
|
Section 451 |
: |
Making over or withdrawal of cases by Executive Magistrates
|
Section 452 |
: |
Reasons to be recorded
|
Chapter: XXXIV |
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES |
Part: A |
Death sentences |
Section 453 |
: |
Execution of order passed under section 409
|
Section 454 |
: |
Execution of sentence of death passed by High Court
|
Section 455 |
: |
Postponement of execution of sentence of death in case of appeal to Supreme Court
|
Section 456 |
: |
Commutation of sentence of death on pregnant woman
|
Part: B |
Imprisonment |
Section 457 |
: |
Power to appoint place of imprisonment
|
Section 458 |
: |
Execution of sentence of imprisonment
|
Section 459 |
: |
Direction of warrant for execution
|
Section 460 |
: |
Warrant with whom to be lodged
|
Part: C |
Levy of fine |
Section 461 |
: |
Warrant for levy of fine
|
Section 462 |
: |
Effect of such warrant
|
Section 463. |
: |
Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
|
Section 464 |
: |
Suspension of execution of sentence of imprisonment
|
Part: D |
General provisions regarding execution |
Section 465 |
: |
Who may issue warrant
|
Section 466 |
: |
Sentence on escaped convict when to take effect
|
Section 467 |
: |
Sentence on offender already sentenced for another offence
|
Section 468 |
: |
Period of detention undergone by accused to be set off against sentence of imprisonment
|
Section 469 |
: |
Saving
|
Section 470 |
: |
Return of warrant on execution of sentence
|
Section 471 |
: |
Money ordered to be paid recoverable as a fine
|
Part: E |
Suspension, remission and commutation of sentences |
Section 472 |
: |
Mercy petition in death sentence cases
|
Section 473 |
: |
Power to suspend or remit sentences
|
Section 474 |
: |
Power to commute sentence
|
Section 475 |
: |
Restriction on powers of remission or commutation in certain cases
|
Section 476 |
: |
Concurrent power of Central Government in case of death sentences
|
Section 477 |
: |
State Government to act after concurrence with Central Government in certain cases
|
Chapter: XXXV |
PROVISIONS AS TO BAIL AND BONDS |
Section 478 |
: |
In what cases bail to be taken.
|
Section 479 |
: |
Maximum period for which undertrial prisoner can be detained
|
Section 480 |
: |
When bail may be taken in case of non-bailable offence
|
Section 481 |
: |
Bail to require accused to appear before next Appellate Court
|
Section 482 |
: |
Direction for grant of bail to person apprehending arrest
|
Section 483 |
: |
Special powers of High Court or Court of Session regarding bail
|
Section 484 |
: |
Amount of bond and reduction thereof
|
Section 485 |
: |
Bond of accused and sureties
|
Section 486 |
: |
Declaration by sureties
|
Section 487 |
: |
Discharge from custody
|
Section 488 |
: |
Power to order sufficient bail when that first taken is insufficient
|
Section 489 |
: |
Discharge of sureties
|
Section 490 |
: |
Deposit instead of recognizance
|
Section 491 |
: |
Procedure when bond has been forfeited
|
Section 492 |
: |
Cancellation of bond and bail bond
|
Section 493 |
: |
Procedure in case of insolvency or death of surety or when a bond is forfeited
|
Section 494 |
: |
Bond required from child
|
Section 495 |
: |
Appeal from orders under section 491
|
Section 496 |
: |
Power to direct levy of amount due on certain recognizances
|
Chapter: XXXVI |
DISPOSAL OF PROPERTY |
Section 497 |
: |
Order for custody and disposal of property pending trial in certain cases
|
Section 498 |
: |
Order for disposal of property at conclusion of trial
|
Section 499 |
: |
Payment to innocent purchaser of money found on accused
|
Section 500 |
: |
Appeal against orders under section 498 or section 499
|
Section 501 |
: |
Destruction of libellous and other matter
|
Section 502 |
: |
Power to restore possession of immovable property
|
Section 503 |
: |
Procedure by police upon seizure of property
|
Section 504 |
: |
Procedure where no claimant appears within six months
|
Section 505 |
: |
Power to sell perishable property
|
Chapter: XXXVII |
IRREGULAR PROCEEDINGS |
Section 506 |
: |
Irregularities which do not vitiate proceedings
|
Section 507 |
: |
Irregularities which vitiate proceedings
|
Section 508 |
: |
Proceedings in wrong place
|
Section 509 |
: |
Noncompliance with provisions of section 183 or section 316
|
Section 510 |
: |
Effect of omission to frame, or absence of, or error in, charge
|
Section 511 |
: |
Finding or sentence when reversible by reason of error, omission or irregularity
|
Section 512 |
: |
Defect or error not to make attachment unlawful
|
Chapter: XXXVIII |
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES |
Section 513 |
: |
Definitions
|
Section 514 |
: |
Bar to taking cognizance after lapse of period of limitation
|
Section 515 |
: |
Commencement of period of limitation
|
Section 516 |
: |
Exclusion of time in certain cases
|
Section 517 |
: |
Exclusion of date on which Court is closed
|
Section 518 |
: |
Continuing offence
|
Section 519 |
: |
Extension of period of limitation in certain cases
|
Chapter: XXXIX |
MISCELLANEOUS |
Section 520 |
: |
Trials before High Courts
|
Section 521 |
: |
Delivery to commanding officers of persons liable to be tried by Court-martial
|
Section 522 |
: |
Forms
|
Section 523 |
: |
Power of High Court to make rules
|
Section 524 |
: |
Power to alter functions allocated to Executive Magistrate in certain cases
|
Section 525 |
: |
Cases in which Judge or Magistrate is personally interested
|
Section 526 |
: |
Practising advocate not to sit as Magistrate in certain Courts
|
Section 527 |
: |
Public servant concerned in sale not to purchase or bid for property
|
Section 528 |
: |
Saving of inherent powers of High Court
|
Section 529 |
: |
Duty of High Court to exercise continuous superintendence over Courts
|
Section 530 |
: |
Trial and proceedings to be held in electronic mode
|
Section 531 |
: |
Repeal and savings
|
Schedules |
FIRST SCHEDULE |
: |
CLASSIFICATION OF OFFENCES
|
FORMS |
FORM NO. 01 |
: |
NOTICE FOR APPEARANCE BY THE POLICE
|
FORM NO. 02 |
: |
SUMMONS TO AN ACCUSED PERSON
|
FORM NO. 03 |
: |
WARRANT OF ARREST
|
FORM NO. 04 |
: |
BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
|
FORM NO. 05 |
: |
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
|
FORM NO. 06 |
: |
PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS
|
FORM NO. 07 |
: |
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS
|
FORM NO. 08 |
: |
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED
|
FORM NO. 09 |
: |
ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR
|
FORM NO. 10 |
: |
WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
|
FORM NO. 11 |
: |
WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE
|
FORM NO. 12 |
: |
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
|
FORM NO. 13 |
: |
BOND TO KEEP THE PEACE
|
FORM NO. 14 |
: |
BOND FOR GOOD BEHAVIOUR
|
FORM NO. 15 |
: |
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE
|
FORM NO. 16 |
: |
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE
|
FORM NO. 17 |
: |
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR
|
FORM NO. 18 |
: |
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
|
FORM NO. 19 |
: |
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE
|
FORM NO. 20 |
: |
WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE
|
FORM NO. 21 |
: |
ORDER FOR THE REMOVAL OF NUISANCES
|
FORM NO. 22 |
: |
MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
|
FORM NO. 23 |
: |
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY
|
FORM NO. 24 |
: |
MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE
|
FORM NO. 25 |
: |
MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.
|
FORM NO. 26 |
: |
MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE
|
FORM NO. 27 |
: |
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.
|
FORM NO. 28 |
: |
MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER
|
FORM NO. 29 |
: |
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER
|
FORM NO. 30 |
: |
BOND TO PROSECUTE OR GIVE EVIDENCE
|
FORM NO. 31 |
: |
SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE
|
FORM NO. 32 |
: |
NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR
|
FORM NO. 33 |
: |
CHARGES
|
FORM NO. 34 |
: |
SUMMONS TO WITNESS
|
FORM NO. 35 |
: |
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT
|
FORM NO. 36 |
: |
WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION
|
FORM NO. 37 |
: |
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE
|
FORM NO. 38 |
: |
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE
|
FORM NO. 39 |
: |
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED
|
FORM NO. 40 |
: |
MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT
|
FORM NO. 41 |
: |
WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
|
FORM NO. 42 |
: |
WARRANT AFTER A COMMUTATION OF A SENTENCE
|
FORM NO. 43 |
: |
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
|
FORM NO. 44 |
: |
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
|
FORM NO. 45 |
: |
WARRANT FOR RECOVERY OF FINE
|
FORM NO. 46 |
: |
BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE
|
FORM NO. 47 |
: |
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT
|
FORM NO. 48 |
: |
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
|
FORM NO. 49 |
: |
WARRANT OF ATTACHMENT TO ENFORCE A BOND
|
FORM NO. 50 |
: |
NOTICE TO SURETY ON BREACH OF A BOND
|
FORM NO. 51 |
: |
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
|
FORM NO. 52 |
: |
WARRANT OF ATTACHMENT AGAINST A SURETY
|
FORM NO. 53 |
: |
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
|
FORM NO. 54 |
: |
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE
|
FORM NO. 55 |
: |
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE
|
FORM NO. 56 |
: |
WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE
|
FORM NO. 57 |
: |
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
|
FORM NO. 58 |
: |
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
|