Taxmann's Code of Criminal Procedure 1973

Page 1


CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER III

CHAPTER IV

CHAPTER V

ARREST OF PERSONS

41. When police may arrest without warrant 19

41A. Notice of appearance before police officer 21

41B. Procedure of arrest and duties of officer making arrest 21

41C. Control room at districts 21

41D. Right of arrested person to meet an advocate of his choice during interrogation 22

42. Arrest on refusal to give name and residence 22

43. Arrest by private person and procedure on such arrest 22

44. Arrest by Magistrate 22

45. Protection of members of the Armed Forces from arrest 23

46. Arrest how made 23

47. Search of place entered by person sought to be arrested 23

48. Pursuit of offenders into other jurisdictions 24

49. No unnecessary restraint 24

50. Person arrested to be informed of grounds of arrest and of right to bail 24

50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person 24

51. Search of arrested person 25

52. Power to seize offensive weapons 25

53. Examination of accused by medical practitioner at the request of police officer 25

53A. Examination of person accused of rape by medical practitioner 26

54. Examination of arrested person by medical officer 27

54A. Identification of person arrested 27

55. Procedure when police officer deputes subordinate to arrest without warrant 28

55A. Health and safety of arrested person 28

56. Person arrested to be taken before Magistrate or Officer-inCharge of police station 28

57. Person arrested not to be detained more than twenty-four hours 28

58. Police to report apprehensions 28

59. Discharge of person apprehended 28

60. Power, on escape, to pursue and retake 29

60A. Arrest to be made strictly according to the Code 29

65.

67.

68.

D.—Other rules regarding processes

87. Issue of warrant in lieu of, or in addition to, summons

88. Power to take bond for appearance

89. Arrest on breach of bond for appearance

90. Provisions of this Chapter generally applicable to summonses and warrants of arrest

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

91. Summons to produce document or other thing

92. Procedure as to letters and telegrams

B.—Search warrants

93. When search warrant may be issued

94. Search of place suspected to contain stolen property, forged documents, etc.

95. Power to declare certain publications forfeited and to issue search warrants for the same

96. Application to High Court to set aside declaration of forfeiture

97. Search for persons wrongfully confined

98. Power to compel restoration of abducted females

C.—General provisions relating to searches

99. Directions, etc., of search warrants

100. Persons in charge of closed place to allow search

101. Disposal of things found in search beyond jurisdiction

102. Power of police officer to seize certain property

103. Magistrate may direct search in his presence

104. Power to impound document, etc., produced

105. Reciprocal arrangements regarding processes

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

105C.

105D.

105F.

105G.

105H.

105-I.

105J.

105K.

105L.

CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND

GOOD BEHAVIOUR

CONTENTS

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

125. Order for maintenance of wives, children and parents 56

126. Procedure 57

127. Alteration in allowance 58

128. Enforcement of order of maintenance 59

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY

A.—Unlawful assemblies

129. Dispersal of assembly by use of civil force 59

130. Use of armed forces to disperse assembly 59

131. Power of certain armed force officers to disperse assembly 60

132. Protection against prosecution for acts done under preceding sections 60

B.—Public nuisances

133. Conditional order for removal of nuisance 61

134. Service or notification of order 62

135. Persons to whom order is addressed to obey or show cause 62

136. Consequences of his failing to do so 62

137. Procedure where existence of public right is denied 62

138. Procedure where he appears to show cause 63

139. Power of Magistrate to direct local investigation and examination of an expert 63

140. Power of Magistrate to furnish written instructions, etc. 63

141. Procedure on order being made absolute and consequences of disobedience 63

142. Injunction pending inquiry 64

143. Magistrate may prohibit repetition or continuance of public nuisance 64

C.—Urgent cases of nuisance or apprehended danger

144. Power to issue order in urgent cases of nuisance or apprehended danger 64

144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms 65

D.—Disputes as to immovable property

145. Procedure where dispute concerning land or water is likely to cause breach of peace 65

146. Power to attach subject of dispute and to appoint receiver 67

147. Dispute concerning right of use of land or water 67

148. Local inquiry 68

CHAPTER XI

PREVENTIVE ACTION OF THE POLICE

149. Police to prevent cognizable offences

150. Information of design to commit cognizable offences

151. Arrest to prevent the commission of cognizable offences

152. Prevention of injury to public property

153. Inspection of weights and measures

CHAPTER XII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

154. Information in cognizable cases

155. Information as to non-cognizable cases and investigation of such cases

156. Police officer’s power to investigate cognizable case

157. Procedure for investigation

158. Report how submitted

159. Power to hold investigation or preliminary inquiry

160. Police officer’s power to require attendance of witnesses

161. Examination of witnesses by police

162. Statements to police not to be signed - Use of statements in evidence

163. No inducement to be offered

164. Recording of confessions and statements

164A. Medical examination of the victim of rape

165. Search by police officer

166. When officer-in-charge of police station may require another to issue search warrant

166A. Letter of request to competent authority for investigation in a country or place outside India

CONTENTS

PAGE

166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India 78

167. Procedure when investigation cannot be completed in twenty-four hours 78

168. Report of investigation by subordinate police officer 80

169. Release of accused when evidence deficient 80

170. Cases to be sent to Magistrate when evidence is sufficient 80

171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint 81

172. Diary of proceedings in investigation 81

173. Report of police officer on completion of investigation 82

174. Police to enquire and report on suicide, etc. 83

175. Power to summon persons 84

176. Inquiry by Magistrate into cause of death 84

CHAPTER XIII

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

177. Ordinary place of inquiry and trial 85

178. Place of inquiry or trial 85

179. Offence triable where act is done or consequence ensues 86

180. Place of trial where act is an offence by reason of relation to other offence 86

181. Place of trial in case of certain offences 86

182. Offences committed by letters, etc. 86

183. Offence committed on journey or voyage 87

184. Place of trial for offences triable together 87

185. Power to order cases to be tried in different sessions divisions 87

186. High Court to decide, in case of doubt, district where inquiry or trial shall take place 87

187. Power to issue summons or warrant for offence committed beyond local jurisdiction 87

188. Offence committed outside India 88

189. Receipt of evidence relating to offences committed outside India 88

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

190. Cognizance of offences by Magistrates 88

191. Transfer on application of the accused 89

192. Making over of cases to Magistrates 89

193. Cognizance of offences by Courts of Session 89

194. Additional and Assistant Sessions Judges to try cases made over to them 89

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 89

195A. Procedure for witnesses in case of threatening, etc. 90

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence 91

197. Prosecution of Judges and public servants 91

198. Prosecution for offences against marriage 93

198A. Prosecution of offences under section 498A of the Indian Penal Code 94

198B. Cognizance of offence 94

199. Prosecution for defamation 94

CHAPTER XV

COMPLAINTS TO MAGISTRATES

200. Examination of complainant 95

201. Procedure by Magistrate not competent to take cognizance of the case 95

202. Postponement of issue of process 96

203. Dismissal of complaint 96

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

204. Issue of process 96

205. Magistrate may dispense with personal attendance of accused 97

206. Special summons in cases of petty offence 97

207. Supply to the accused of copy of police report and other documents 98

208. Supply of copies of statements and documents to accused in other cases triable by Court of Session 98

209. Commitment of case to Court of Session when offence is triable exclusively by it 99

CONTENTS

210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence 99

CHAPTER XVII

THE CHARGE

A.—Form of charges

211. Contents of charge 99

212. Particulars as to time, place and person 100

213. When manner of committing offence must be stated 101

214. Words in charge taken in sense of law under which offence is punishable 101

215. Effect of errors 101

216. Court may alter charge 102

217. Recall of witnesses when charge altered 102 B.—Joinder of charges

218. Separate charges for distinct offences 103

219. Three offences of same kind within year may be charged together 103

220. Trial for more than one offence 103

221. Where it is doubtful what offence has been committed 105

222. When offence proved included in offence charged 106

223. What persons may be charged jointly 106

224. Withdrawal of remaining charges on conviction on one of several charges 107

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

225. Trial to be conducted by Public Prosecutor 107

226. Opening case for prosecution 107

227. Discharge 108

228. Framing of charge 108

229. Conviction on plea of guilty 108

230. Date for prosecution evidence 108

231. Evidence for prosecution 108

232. Acquittal 109

233. Entering upon defence 109

234. Arguments 109

235. Judgment of acquittal or conviction

236. Previous conviction

237. Procedure in cases instituted under section 199(2) 109

CHAPTER XIX

TRIAL OF WARRANT CASES BY MAGISTRATES

A.—Cases instituted on a police report

238. Compliance with section 207

239. When accused shall be discharged

240. Framing of charge

241. Conviction on plea of guilty

242. Evidence for prosecution

243. Evidence for defence

B.—Cases instituted otherwise than on police report

244. Evidence for prosecution

245. When accused shall be discharged

246. Procedure where accused is not discharged

247. Evidence for defence

C.—Conclusion of trial

248. Acquittal or conviction

249. Absence of complainant

250. Compensation for accusation without reasonable cause

CHAPTER XX

TRIAL OF SUMMONS - CASES BY MAGISTRATES

251. Substance of accusation to be stated

252. Conviction on plea of guilty

253. Conviction on plea of guilty in absence of accused in petty cases

254. Procedure when not convicted

255. Acquittal or conviction

256. Non-appearance or death of complainant

257. Withdrawal of complaint

258. Power to stop proceedings in certain cases

259. Power of Court to convert summons-cases into warrant-cases

CONTENTS

CHAPTER XXI

SUMMARY TRIALS

260. Power to try summarily 116

261. Summary trial by Magistrate of the second class 117

262. Procedure for summary trials 117

263. Record in summary trials 117

264. Judgment in cases tried summarily 118

265. Language of record and judgment 118

CHAPTER XXIA

PLEA BARGAINING

265A. Application of the Chapter

265B. Application for plea bargaining 119

265C. Guidelines for mutually Satisfactory disposition 119

265D. Report of the mutually Satisfactory disposition to be submitted before the Court 120

265E. Disposal of the case

265F. Judgment of the Court

265G. Finality of the judgment

265H. Power of the Court in plea bargaining

265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment

265J. Savings

265K. Statements of accused not to be used

265L. Non-application of the Chapter

CHAPTER XXII

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

266. Definitions

267. Power to require attendance of prisoners

268. Power of State Government to exclude certain persons from operation of section 267

269. Officer-in-Charge of prison to abstain from carrying out order in certain contingencies

270. Prisoner to be brought to Court in custody

271. Power to issue commission for examination of witness in prison

CHAPTER XXIII

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

272. Language of Courts

273. Evidence to be taken in presence of accused

274. Record in summons-cases and inquiries

275. Record in warrant-cases

276. Record in trial before Court of Session

277. Language of record of evidence

278. Procedure in regard to such evidence when completed

279. Interpretation of evidence to accused or his pleader

280. Remarks respecting demeanour of witness

281. Record of examination of accused

282. Interpreter to be bound to interpret truthfully

283. Record in High Court

B.—Commissions for the examination of witnesses

284. When attendance of witness may be dispensed with and commission issued

285. Commission to whom to be issued

286. Execution of commissions

287. Parties may examine witnesses

288. Return of commission

289. Adjournment of proceeding

290. Execution of foreign commissions

291. Deposition of medical witness

291A. Identification report of Magistrate

292. Evidence of officers of the Mint

293. Reports of certain Government scientific experts

294. No formal proof of certain documents

295. Affidavit in proof of conduct of public servants

296. Evidence of formal character on affidavit

297. Authorities before whom affidavits may be sworn

CONTENTS

298. Previous conviction or acquittal how proved

299. Record of evidence in absence of accused

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

300. Person once convicted or acquitted not to be tried for same offence

301. Appearance by Public Prosecutors

302. Permission to conduct prosecution

303. Right of person against whom proceedings are instituted to be defended

304. Legal aid to accused at State expense in certain cases

305. Procedure when corporation or registered society is an accused

306. Tender of pardon to accomplice

307. Power to direct tender of pardon

308. Trial of person not complying with conditions of pardon

309. Power to postpone or adjourn proceedings

310. Local inspection

311. Power to summon material witness, or examine person present

311A. Power of Magistrate to order person to give specimen signatures or handwriting

312. Expenses of complainants and witnesses

313. Power to examine the accused

314. Oral arguments and memorandum of arguments

315. Accused person to be competent witness

316. No influence to be used to induce disclosure

317. Provision for inquiries and trial being held in the absence of accused in certain cases

318. Procedure where accused does not understand proceedings

319. Power to proceed against other persons appearing to be guilty of offence

320. Compounding of offences

321. Withdrawal from prosecution

322. Procedure in cases which Magistrate cannot dispose of

323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

CONTENTS

324. Trial of persons previously convicted of offences against coinage, stamp law or property 150

325. Procedure when Magistrate cannot pass sentence sufficiently severe 150

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another 151

327. Court to be open 151

CHAPTER XXV

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

328. Procedure in case of accused being lunatic 152

329. Procedure in case of person of unsound mind tried before Court 153

330. Release of person of unsound mind pending investigation or trial 154

331. Resumption of inquiry or trial 155

332. Procedure on accused appearing before Magistrate or Court 155

333. When accused appears to have been of sound mind 155

334. Judgment of acquittal on ground of unsoundness of mind 156

335. Person acquitted on such ground to be detained in safe custody 156

336. Power of State Government to empower Officer-in-Charge to discharge 156

337. Procedure where lunatic prisoner is reported capable of making his defence 156

338. Procedure where lunatic detained is declared fit to be released 157

339. Delivery of lunatic to care of relative or friend 157

CHAPTER XXVI

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

340. Procedure in cases mentioned in section 195 157

341. Appeal 158

342. Power to order costs 158

343. Procedure of Magistrate taking cognizance 159

344. Summary procedure for trial for giving false evidence 159

345. Procedure in certain cases of contempt 159

346. Procedure where Court considers that case should not be dealt with under section 345 160

347. When Registrar or Sub-Registrar to be deemed a Civil Court 160

348. Discharge of offender on submission of apology 160

CONTENTS

349. Imprisonment or committal of person refusing to answer or produce document 160

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons 161

351. Appeals from convictions under sections 344, 345, 349 and 350 161

352. Certain Judges and Magistrates not to try certain offences when committed before themselves 161

CHAPTER XXVII

THE JUDGMENT

353. Judgment 161

354. Language and contents of judgment 162

355. Metropolitan Magistrate’s judgment 163

356. Order for notifying address of previously convicted offender 163

357. Order to pay compensation 164

357A. Victim compensation scheme 165

357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code 166

357C. Treatment of victims 166

358. Compensation to persons groundlessly arrested 166

359. Order to pay costs in non-cognizable cases 166

360. Order to release on probation of good conduct or after admonition 167

361. Special reasons to be recorded in certain cases 168

362. Court not to alter judgment 168

363. Copy of judgment to be given to the accused and other persons 168

364. Judgment when to be translated 169

365. Court of Session to send copy of finding and sentence to District Magistrate 169

CHAPTER XXVIII

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

366. Sentence of death to be submitted by Court of Session for confirmation 169

367. Power to direct further inquiry to be made or additional evidence to be taken 170

368. Power of High Court to confirm sentence or annual conviction 170

CONTENTS

369. Confirmation or new sentence to be signed by two Judges 170

370. Procedure in case of difference of opinion 170

371. Procedure in cases submitted to High Court for confirmation 170

CHAPTER XXIX APPEALS

372. No appeal to lie unless otherwise provided 171

373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour 171

374. Appeals from convictions 171

375. No appeal in certain cases when accused pleads guilty 172

376. No appeal in petty cases 172

377. Appeal by the State Government against sentence 172

378. Appeal in case of acquittal 173

379. Appeal against conviction by High Court in certain cases 174

380. Special right of appeal in certain cases 174

381. Appeal to Court of Session how heard 174

382. Petition of appeal 175

383. Procedure when appellant in jail 175

384. Summary dismissal of appeal 175

385. Procedure for hearing appeals not dismissed summarily 176

386. Powers of the Appellate Court 176

387. Judgments of subordinate Appellate Court 177

388. Order of High Court on appeal to be certified to lower Court 177

389. Suspension of sentence pending the appeal; release of appellant on bail 177

390. Arrest of accused in appeal from acquittal 178

391. Appellate Court may take further evidence or direct it to be taken 178

392. Procedure where Judges of Court of Appeal are equally divided 178

393. Finality of judgments and orders on appeal 179

394. Abatement of appeals 179

CHAPTER XXX

REFERENCE AND REVISION

395. Reference to High Court 179

396. Disposal of case according to decision of High Court 180

CONTENTS

PAGE

397. Calling for records to exercise powers of revision 180

398. Power to order inquiry 180

399. Sessions Judge’s powers of revision 180

400. Power of Additional Sessions Judge 181

401. High Court’s powers of revision 181

402. Power of High Court to withdraw or transfer revision cases 181

403. Option of Court to hear parties 182

404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court 182

405. High Court’s order to be certified to lower Court 182

CHAPTER XXXI

TRANSFER OF CRIMINAL CASES

406. Power of Supreme Court to transfer cases and appeals 182

407. Power of High Court to transfer cases and appeals 183

408. Power of Sessions Judge to transfer cases and appeals 184

409. Withdrawal of cases and appeals by Sessions Judges 184

410. Withdrawal of cases by Judicial Magistrates 184

411. Making over or withdrawal of cases by Executive Magistrates 185

412. Reasons to be recorded 185

CHAPTER XXXII

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death sentences

413. Execution of order passed under section 368 185

414. Execution of sentence of death passed by High Court 185

415. Postponement of execution of sentence of death in case of appeal to Supreme Court 185

416. Postponement of capital sentence on pregnant woman 186 B.—Imprisonment

417. Power to appoint place of imprisonment 186

418. Execution of sentence of imprisonment 186

419. Direction of warrant for execution 187

420. Warrant with whom to be lodged 187

CONTENTS

C.—Levy of fine

421. Warrant for levy of fine 187

422. Effect of such warrant 187

423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend 188

424. Suspension of execution of sentence of imprisonment 188 D.—General provisions regarding execution

425. Who may issue warrant 188

426. Sentence on escaped convict when to take effect 188

427. Sentence on offender already sentenced for another offence 189

428. Period of detention undergone by the accused to be set off against the sentence of imprisonment 189

429. Saving 189

430. Return of warrant on execution of sentence 190

431. Money ordered to be paid recoverable as a fine 190 E.—Suspension, remission and commutation of sentences

432. Power to suspend or remit sentences 190

433. Power to commute sentence 191

433A. Restriction on powers of remission or commutation in certain cases 191

434. Concurrent power of Central Government in case of death sentences 191

435. State Government to act after consultation with Central Government in certain cases 192

CHAPTER XXXIII

PROVISIONS AS TO BAIL AND BONDS

436. In what cases bail to be taken 192 436A. Maximum period for which an undertrial prisoner can be detained 193

437. When bail may be taken in case of non-bailable offence 193 437A. Bail to require accused to appear before next Appellate Court 195

438. Direction for grant of bail to person apprehending arrest 195 439. Special powers of High Court or Court of Session regarding bail 197

440. Amount of bond and reduction thereof 197

441. Bond of accused and sureties 197

441A. Declaration by sureties 198

CONTENTS

442. Discharge from custody 198

443. Power to order sufficient bail when that first taken is insufficient 198

444. Discharge of sureties 198

445. Deposit instead of recognizance 198

446. Procedure when bond has been forfeited 199

446A. Cancellation of bond and bailbond 199

447. Procedure in case of insolvency or death of surety or when a bond is forfeited 200

448. Bond required from minor 200

449. Appeal from orders under section 446 200

450. Power to direct levy of amount due on certain recognizances 200

CHAPTER XXXIV

DISPOSAL OF PROPERTY

451. Order for custody and disposal of property pending trial in certain cases 200

452. Order for disposal of property at conclusion of trial 201

453. Payment to innocent purchaser of money found on accused 201

454. Appeal against orders under section 452 or section 453 201

455. Destruction of libellous and other matter 202

456. Power to restore possession of immovable property 202

457. Procedure by police upon seizure of property 202

458. Procedure where no claimant appears within six months 202

459. Power to sell perishable property 203

CHAPTER XXXV

IRREGULAR PROCEEDINGS

460. Irregularities which do not vitiate proceedings 203

461. Irregularities which vitiate proceedings 203

462. Proceedings in wrong place 204

463. Non-compliance with provisions of section 164 or section 281 204

464. Effect of omission to frame, or absence of, or error in, charge 204

465. Finding or sentence when reversible by reason of error, omission or irregularity 205

466. Defect or error not to make attachment unlawful 205

CHAPTER XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

467. Definitions 205

468. Bar to taking cognizance after lapse of the period of limitation 205

469. Commencement of the period of limitation 206

470. Exclusion of time in certain cases 206

471. Exclusion of date on which Court is closed 207

472. Continuing offence 207

473. Extension of period of limitation in certain cases 207

CHAPTER XXXVII MISCELLANEOUS

474. Trials before High Courts 207

475. Delivery to commanding officers of persons liable to be tried by Court-martial 207

476. Forms 208

477. Power of High Court to make rules 208

478. Power to alter functions allotted to Executive Magistrates in certain cases 208

479. Case in which Judge or Magistrate is personally interested 208

480. Practising pleader not to sit as Magistrate in certain Courts 208

481. Public servant concerned in sale not to purchase or bid for property 208

482. Saving of inherent powers of High Court 209

483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates 209

484. Repeal and savings 209 FIRST SCHEDULE

Classification of Offences

I. Offences under the Indian Penal Code 210

II. Classification of offences against other laws 291 SECOND SCHEDULE

FORM

1. Summons to an accused person

2. Warrant of arrest 292

CONTENTS

3. Bond and bail-bond after arrest under a warrant 292

4. Proclamation requiring the appearance of a person accused 293

5. Proclamation requiring the attendance of a witness 293

6. Order of attachment to compel the attendance of a witness 294

7. Order of attachment to compel the appearance of a person accused 294

8. Order authorising an attachment by the District Magistrate or Collector 295

9. Warrant in the first instance to bring up a witness 295

10. Warrant to search after information of a particular offence 296

11. Warrant to search suspected place of deposit 296

12. Bond to keep the peace 297

13. Bond for good behaviour 297

14. Summons on information of a probable breach of the peace 298

15. Warrant of commitment on failure to find security to keep the peace 298

16. Warrant of commitment on failure to find security for good behaviour 299

17. Warrant to discharge a person imprisoned on failure to give security 299

18. Warrant of imprisonment on failure to pay maintenance 300

19. Warrant to enforce the payment of maintenance by attachment and sale 300

20. Order for the removal of nuisances 301

21. Magistrate’s notice and peremptory order 302

22. Injunction to provide against imminent danger pending inquiry 302

23. Magistrate’s order prohibiting the repetition, etc., of a nuisance 302

24. Magistrate’s order to prevent obstruction, riot, etc. 303

25. Magistrate’s order declaring party entitled to retain possession of land, etc., in dispute 303

26. Warrant of attachment in the case of a dispute as to the possession of land, etc. 304

27. Magistrate’s order prohibiting the doing of anything on land or water 304

28. Bond and bail-bond on a preliminary inquiry before a police officer 305

29. Bond to prosecute or give evidence 305

30. Special summons to a person accused of a petty offence 305

CONTENTS

31. Notice of commitment by Magistrate to public prosecutor

32. Charges

33. Summons to witness

34. Warrant of commitment on a sentence of imprisonment or fine if passed by a Court

35. Warrant of imprisonment on failure to pay compensation

36. Order requiring production in court of person in prison for answering to charge of offence

37. Order requiring production in court of person in prison for giving evidence

38. Warrant of commitment in certain cases of contempt when a fine is imposed

39. Magistrate’s or Judge’s warrant of commitment of witness refusing to answer or to produce document

40. Warrant of commitment under sentence of death

41. Warrant after a commutation of a sentence

42. Warrant of execution of a sentence of death

43. Warrant to levy a fine by attachment and sale

44. Warrant for recovery of fine

44A. Bond for appearance of offender released pending realisation of fine 315

45. Bond and bail-bond for attendance before Officer-in-Charge of police station or Court 316

46. Warrant to discharge a person imprisoned on failure to give security 316

47. Warrant of attachment to enforce a bond 317

48. Notice to surety on breach of a bond

49. Notice to surety of forfeiture of bonds for good behaviour 317

50. Warrant of attachment against a surety 318

51. Warrant of commitment of the surety of an accused person admitted to bail 318

52. Notice to the principal of forfeiture of bond to keep the peace 319

53. Warrant to attach the property of the principal on breach of a bond to keep the peace 319

54. Warrant of imprisonment on breach of a bond to keep the peace 320

55. Warrant of attachment and sale on forfeiture of bond for good behaviour 320

56. Warrant of imprisonment on forfeiture of bond for good behaviour 321

Code of Criminal Procedure, 1973

[2 OF 1974]*

An Act to consolidate and amend the law relating to the Criminal Procedure.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows :—

CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. (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.

Definitions.

2. In this Code, unless the context otherwise requires,—

*Dated 25-1-1974.

1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.

(a)“bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force ; and “non-bailable offence” means any other offence; 1

(

(

b) “charge” includes any head of charge when the charge contains more heads than one;

c) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation.— A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint ; and the police officer by whom such report is made shall be deemed to be the complainant;

(e) “High Court” means,—

(i) in relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;

(

f) “India” means the territories to which this Code extends;

(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

(h) “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

(i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;

(

j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;

(k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;

(m) “notification” means a notification published in the Official Gazette;

(n) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);

(o) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;

(p) “place” includes a house, building, tent, vehicle and vessel;

(q) “pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

(r) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173;

(s) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;

(t) “prescribed” means prescribed by rules made under this Code;

(u) “Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor;

(v) “sub-division” means a sub-division of a district;

(w) “summons-case” means a case relating to an offence, and not being a warrant-case;

2[(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir;]

(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.

Construction of references.

3. (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 Metropo-litan Magistrate;

2. Inserted by the Code of Criminal Procedure (Amendment) Act, 2008, w.e.f. 31-12-2009.

S. 3

(

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 functions 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.

Trial of offences under the Indian Penal Code and other laws.

4. (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 or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Saving.

5. 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

Classes of Criminal Courts.

6. 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.

Territorial divisions.

7. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division 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.

Metropolitan areas.

8. (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 5

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 of 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.

Court of Session.

9. (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 Sessions 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, whereunder any law, such appointment, posting or promotion is required to be made by Government.

Subordination of Assistant Sessions Judges.

10. (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.

Courts of Judicial Magistrates.

11. (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 :

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 Magistrates 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.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

12. (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.

Special Judicial Magistrates.

13. (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 conferable by or under this Code on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to a 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.

(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.

Local jurisdiction of Judicial Magistrates.

14. (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 : Provided that the Court of a 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.

(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.

Subordination of Judicial Magistrates.

15. (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. S. 15

CODE OF CRIMINAL PROCEDURE 1973 – BARE ACT WITHOUT COMMENTS | AIBE

PUBLISHER

DATE OF PUBLICATION : SEPTEMBER 2025

EDITION : 2025 EDITION

ISBN NO : 9789364557979

NO. OF PAGES : 352

BINDING TYPE : PAPERBACK

DESCRIPTION

Code of Criminal Procedure 1973 [BareActwithoutComments] by Taxmann for All India Bar Examination (AIBE) offers the complete, unaltered text of the CrPC as amended up to date. Presented in a clear, exam-oriented format without commentary, it ensures direct access to statutory provisions, making it highly useful for law students, AIBE candidates, and professionals.

The Present Publication is the 2025 Edition, covering the amended and updated text of the Code of Criminal Procedure [Act No. 2 of 1974], with the following noteworthy features:

• [Authentic Text] Full and updated statutory language as enacted by Parliament

• [Exam-ready] Simple, distraction-free format ideal for AIBE and quick reference

• [Latest Amendments] Incorporates all recent changes for accuracy

• [User-friendly] Section-wise arrangement with clear headings and numbering

• [Relevant] Retains value for comparative study with new criminal law reforms

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.