Code of Criminal Procedure Amendment Act, 18691
| [Act No. 8 of 1869] | [12th March, 1869] |
| [Repealed by Act 10 of 1872, S. 2 and Schedule-I, w.e.f. 1-9-1872] | [12th March, 1869] |
Passed by the Governor General of India in Council.
An Act further to amend the Code of Criminal Procedure.
Preamble.- Whereas it is expedient further to amend the Code of Criminal Procedure; It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 12th March 1869.
I. Short title.- This Act may be called "The Code of Criminal Procedure Amendment Act, 1869" it shall he read with and taken as part of Act No. XXV of 1861, and it shall come into operation on the first day of June 1869.
II. Repeal of Acts.- The following Acts are hereby repealed (that is to say)-Act No. XXV of 1861 (the Code of Criminal Procedure), sections 187, 386 and 420, Act No. XXXIII of 1861 (to amend the schedule annexed to the Code of Criminal Procedure), Act No. XV of 1862 (to amend the Code of Criminal Procedure) and Act No. VIII of 1866 (further to amend the schedule to the Code of Criminal Procedure).
Repeal of schedule.- The schedule annexed to the said Code is hereby repealed, and the schedule annexed to this Act shall be read in lieu thereof.
III. Amendment of certain sections of Code of Criminal Procedure.- The following sections of the Code of Criminal Procedure, namely, sections 26, 27, 28, 29, 30, 31 and 33, shall be read as if the words "or division of a district," and the words "or divisions of a district" and the words "or of two or more divisions of a district" were omitted therefrom.
IV. New sections.- The said Code shall he read as if such of the following sections as are distinguished by numbers and letters were respectively inserted next after the sections of the said Code distinguished by those numbers.
Of the following sections, those distinguished by numbers only shall be substituted for the corresponding sections in the same Code, which are hereby repealed.
23-A. Local Government may delegate its power of appointing Magistrates.- With the sanction of the Governor General in Council, the Local Government may delegate, with such limitations as it may think proper, to any officer under its control, the power conferred by section 23.
23-B. Succession to vacancies in the office of the Magistrate of a District.- When, in consequence of the office of the Magistrate of a District becoming vacant, any officer succeeds temporarily to the chief executive administration of the District in criminal matters, such officer shall, pending the orders of the Local Government, exercise all the powers and perform all the duties of the Magistrate of the District.
23-C. Power to determine local jurisdiction of a Magistrate of a District.- The Local Government may, by notification in the official Gazette, prescribe the local jurisdiction of a Magistrate of the District, as defined by section 14, and may by such notification from time to time alter such jurisdiction.
23-D. Power to appoint Magistrates in charge of Divisions of Districts.- The Local Government may invest any Magistrate with the local jurisdiction in a particular part of a District declared by section 18 to be deemed a Division of a District, and may from time to time alter the limits of such local jurisdiction.
23-E. Continuance of powers of officers transferred.- Whenever any person holding an office in the service of Government, who has been invested with any powers under this Act in any District, is transferred to all equal or higher office of the same nature within another District, he shall unless the Local Government shall otherwise direct, continue to exercise the same powers in the District to which he is so transferred.
23-F. Powers may be varied or cancelled.- The Local Government may vary or cancel any powers with which any person may have been invested under this Act.
23-G. Subordination of all Magistrates to the Magistrate of the District.- Except as otherwise provided in this Act or by any other law for the time being in force, all Magistrates and Subordinate Magistrates shall be subordinate to the Magistrate of the District in which they exercise jurisdiction.
23-H. Delegation of certain powers of the Magistrate of a District.- The Local Government may, with such limitations as it may think proper, invest any Magistrate in charge of a Division Magistrate of a District or any officer exercising the full powers of a Magistrate, with the authority conferred on the Magistrate of the District by sections 36, 66, 132, 308, 316, 318.
31-A. Concealment, &c., of kidnapped person.- If any person he charged under section 368 of the Indian Penal Code, with the offence of wrongfully concealing or keeping confinement a person who has been kidnapped or abducted, such offence may he enquired into or determined in any District in which the concealment or confinement has taken place, or in any District in which the kidnapping or abduction may he enquired into or determined.
36. Magistrate may withdraw any case from a subordinate Court, and try it himself or refer it to any other such Court.- The Magistrate of the District, or a Magistrate in charge of a Division of a District, may respectively withdraw any criminal case from any Court subordinate to him, and may enquire into or try the case himself, or refer it for enquiry or trial to any other such Court competent to enquire into or try the same.
40-A. Certain Subordinate Magistrates not to hear complaints against European British subjects.- No Subordinate Magistrate who is not a Justice of the Peace shall exercise the authority conferred by section 40, unless he is empowered under section 38.
44. Court may apply portion of fine in compensation for loss or damage.- Whenever a Criminal Court imposes a fine, the Court may order the whole or any part of the fine to he paid in compensation,
(1). for expenses properly incurred in the prosecution,
(2). for the offence complained of, where such offence can, in the opinion of the Court, he compensated by money.
Such payment shall he made as the Court thinks fit, to or for the benefit of the complainant, or the person injured, or both.
If the fine he awarded by a Court whose decision is subject to revision, the amount awarded shall not he paid until a period of two months shall have elapsed from the date of the award.
149-A. Power conferred under section 49 of the Code may be exercised by Inspector General of Jails.- The power conferred on the Local Government by section 49 may he exercised, under the orders and subject to the control of Government, by the Inspector General of Jails.
1 Repealed by Act 5 of 1871, S. 2 and Schedule.
61. Levy of fine.- Whenever an offender is sentenced to pay a fine, the Court which sentences him, whether or not the offence he punishable with fine only, and whether or not the sentence direct that, in default of payment of the fine, the offender shall suffer imprisonment, may issue a warrant for the levy of the amount by distress and sale of any moveable property belonging to the offender. Such warrant may be executed within the jurisdiction of the Court that issued it, and it shall authorise the distress and sale of any moveable property belonging to the offender without the jurisdiction of the said Court when endorsed by the Magistrate of the District in which such property is situated.
66-A. Local Government to define what Magistrates and Subordinate Magistrates shall be empowered to entertain complaints preferred directly to themselves or on report of Police officer.- The Local Government may, by notification in the official Gazette, define what Magistrates or Subordinate Magistrates shall entertain cases either on complaint preferred directly to themselves or on the report of a Police officer; and such Magistrates or Subordinate Magistrates shall be competent to entertain such cases, if the offence charged is triable by them or if they shall have been empowered under section 38.
66-B. Magistrate of District may invest any Magistrate or Subordinate Magistrate with powers described in section 66A.- The Magistrate of the District may, subject to the orders of the Local Government, empower any Magistrate or Subordinate Magistrate in his District to entertain cases either on complaint preferred directly to themselves or on the report of a Police officer.
70. Summons by whom served.- A summons shall ordinarily be issued through a Police officer; but the Magistrate issuing the summons may, if he see fit, direct it to he served by any other person.
75. Provisions in this Chapter relating to a summons and its issue applicable to all summonses.- The provisions relating to a summons and its service and issue contained in this Chapter, shall be applicable to every summons issued under this Act, except summonses to serve as a juror or assessor:
Provided that, when the person summoned is in the service of Government or of any Railway Company, the Court or Magistrate issuing the summons may send the summons to the head of the office in which the person summoned is employed, and such head shall thereupon cause the summons to be served on the person named therein:
77. Warrants to whom directed.- A warrant shall ordinarily be directed to a Police officer, but the Magistrate issuing a warrant may, if he see fit, direct it to any other person.
86. Warrants to be endorsed may be sent by post.- A Magistrate issuing a warrant for the arrest of a person out of his jurisdiction, may direct the warrant to any Magistrate within whose jurisdiction such, person is, or is supposed to be, and may send the same by post.
On receipt of the warrant by the Magistrate to whom it is directed, he shall endorse his name thereon, and enforce its execution in the same manner as if the warrant had been originally issued by himself.
If the person named in the warrant be apprehended, he shall be carried before the Magistrate who endorsed it, and shall be dealt with by such Magistrate as provided in section 84.
99. Provisions inter V relating warrant and its applicable to all rants.- The provisions relating to a warrant and its service and issue contained in this Chapter shall he applicable to every warrant of arrest issued under this Act.
114. Search-warrant when grantable.- When a Magistrate considers that the production of anything is essential to the conduct of an enquiry into an offence known or suspected to have been committed, or when he considers that such enquiry will be furthered by the search or inspection of any house or place, he may grant his search-warrant, and the officer charged with the execution of such warrant may search any house or place within the jurisdiction of such Magistrate.
The Magistrate may, if he see fit, specify in his warrant the house or place, or part thereof, to which only the search or inspection shall extend, and the officer charged with the execution of such warrant shall then search only the house, place or part so specified.
115. Direction of search-warrant.- A search-warrant shall ordinarily be directed to a Police officer, but the Magistrate issuing the warrant may, it he see lit, direct it to any of her person.
121. Magistrate may send search-warrant by post to the Magistrate of another District.- A Magistrate issuing it search-warrant to be executed in any house or place out of the jurisdiction of the Magistrate of the District, may direct the warrant to any Magistrate within whose jurisdiction such house or place is situate, and may send the same by post.
Procedure to be observed by such Magistrate.- On receipt of the warrant by the Magistrate to whom it is directed, he shall endorse: his name thereon and enforce its execution in the same manner as if it had been originally issued by himself.
If the warrant is to he executed within the local limits of the High Court, it shall be addressed to the Commissioner of Police or to a Police Magistrate. In such case any property found on search made, may be dealt with as provided in sections 118 and 119.
127. Search of house suspected to contain stolen property or forged documents.- If the Magistrate of the District or a Magistrate in charge of a Division of a District, or any other officer exercising the powers of a Magistrate, upon information and after such enquiry as he may think necessary, has reason to believe that any house or other place is used as a place for the deposit or sale of stolen property, or for the deposit or sale or manufacture of forged documents or counterfeit Government stamps or counterfeit coin, or instruments or materials for counterfeiting coin or for forging.
or that any forged documents or counterfeit stamps or false seals or any counterfeit coin, or instruments or materials used for counterfeiting coin, or for forging, are kept or deposited in any house or other place,
he may by his warrant authorize any Police officer above the rank of a constable to enter, with such assistance as may be required, and by force if necessary, any such house or other place, and to search all such parts of the same as are specified in the warrant, and to seize and take possession of any property, documents, stamps, seals, or coins therein found, which he may reasonably suspect to be stolen, forged, false, or counterfeit, and also of any such instruments and materials as aforesaid.
130. Procedure by Police officer upon seizure of property.- The seizure by any Police officer of property alleged or suspected to have been stolen, or of property seized by any Police officer under circumstances which create suspicion of the committal of any offence, shall be forthwith reported to a Magistrate, who shall thereupon make such order respecting the custody and production of the property as he shall think proper.
If the property is of a perishable nature, or if it appear to the Magistrate that its sale would he for the benefit of the owner, he may at any time direct it to be sold and shall hold the proceeds in trust for the owner subject to the provisions contained in sections 131 and 132:
Provided that no Subordinate Magistrate of the Second Class shall exercise this power unless he is generally or specially authorized to do so by the Magistrate of the District.
131. Procedure where the owner is unknown.- When the owner of any such property is unknown, the Magistrate may detain the same, or the proceeds thereof if sold, and in case of such detention shall issue a proclamation specifying the articles of which such property consists or consisted, and requiring any person who may have a claim thereto or to the proceeds thereof to appear before him and establish his claim within six months from the date of such proclamation.
132. Procedure if no claimant appear within six months from date of proclamation.- If no person within such period establishes his claim to such property or proceeds, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the property shall be at the disposal of the Government, and may be sold under the orders of the Magistrate of the District, or if it has been already sold by the Magistrate, the proceeds shall be at the disposal of the Government.
132-A. Order for disposal property.- When the trial in any Criminal Court is concluded, the Court at the tune of passing judgment may pass such order as appears right for the disposal of any property produced before it regarding which any offence appears to have been committed.
132-B. Stay of such order.- Any Court of appeal, reference or revision may direct any such order passed, by a Court subordinate thereto to be stayed, and may modify, alter or annul it.
132-C. Order may take font of reference.- The order passed by any Court under section 132A or 132B may be in the form of a reference of the property to the Magistrate of the District, who shall in such cases deal with it as if he were acting under sections 130, 131 and 132 under the circumstances mentioned in section 130, and the seizure had been reported to him by the Police.
133. Police officers to make enquiry into certain offences only when directed to do so by Magistrate.- Except as provided in section 108, no Police officer shall, without an express order from a Magistrate, enquire in to or take cognizance of any offence punishable under the Indian Penal Code, other than the offences described in column 3 of the schedule annexed to this Act, as offences for which a Police officer may arrest without warrant. But it shall be competent to a Magistrate, upon the report of a Police officer or otherwise, to direct enquiry to he made by a Police officer into any offence punishable under the Indian Penal Code or under any special or local law.
137. If officer in charge of Police station see no sufficient ground for an enquiry.- Provided also that, if it appear to the officer in charge of a Police station that there is no sufficient ground for entering on an enquiry, or that the immediate apprehension of the accused is not necessary for the ends of justice, he shall not proceed in the case, but shall report the substance of the complaint or information for the orders of the Magistrate having jurisdiction.
140. Procedure when a Police officer deputes another.- When any officer in charge of a Police station requires any officer subordinate to him to make, without a warrant, an arrest which may lawfully he made by such officer without a warrant, he shall deliver to the Police officer required to make the arrest an order in writing, specifying the person to he arrested, and the offence for which the arrest is to be made.
The provisions of sections 82, 90, 91, 92, 93, 94, 95 and 96 shall be applicable to every order in writing issued under this section.
150. So much of any statement or confession made by the accused as relates to a fact thereby discovered, may be given in evidence.- Provided that, when any fact is deposed to in evidence as discovered in consequence of information received from a person, accused of any offence or in the custody of a Police officer, so much of such information, whether it amounts to a confession or admission of guilt or not, as relates distinctly to the fact thereby discovered may he received in evidence.
158. Prosecutors and witnesses to execute recognizances to appear before the Magistrate.- Every prosecutor and witness, whose attendance before the Magistrate is deemed necessary by the Police officer making the enquiry, shall execute a recognizance in the form (E) given in the Appendix hereto or to the like effect, for appearance before the Magistrate having jurisdiction in respect of the offence on a fixed day.
Such day shall he the day whereon the accused person is to appear, if he shall have been admitted to bail, or the day on which he may be expected to arrive at the Court of the Magistrate, if he is to he forwarded in custody.
The officer in whose presence the recognizance is executed, shall, after delivering to the prosecutor or one of the witnesses a duplicate thereof, send it with his report to the Magistrate.
No Police officer shall accompany the prosecutor or witnesses on his or their way to the Court of the Magistrate.
161. Police to make immediate enquiry and report on unnatural and sudden deaths.- The officer in charge of a Police station, on receiving notice or information of the unnatural or sudden death of any person, shall immediately give intimation thereof to the nearest Magistrate, and proceed to the place where the body of such deceased person is, and there in the presence of two or more respectable inhabitants of the neighbourhood, shall make enquiry, and report the apparent cause of death, describing any mark of violence which may he found on the body, and stating in what manner or by what weapon or instrument such mark appears to have been inflicted.
The report shall he signed by such Police officer and other persons or by so many of them as concur therein, and shall he forthwith forwarded to the Magistrate.
When there may be any, doubt regarding the cause of death, such Police, officer shall forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other medical officer appointed in this behalf by the Local Government if the state of the weather and the distance admit of its being so forwarded without risk of putrefaction on the road.
In the Presidencies of Madras and Bombay it shall be the duty of the head of the village to make the enquiry and report as aforesaid.
164. Discharge of an offender on his submission.- When any Court has adjudged an offender to punishment, or forwarded him to a Magistrate or Justice of the Peace for trial under section 163, for refusing or omitting to do anything which he was lawfully required to do, or for any intentional insult or interruption, the Court may discharge the offender, or remit the punishment, on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
173. Civil Courts empowered to complete investigation and commit accused to Court of Session.- In any case triable by the Court of Session exclusively, any Civil Court before which any such offence was committed may, instead of sending the case for investigation to a Magistrate, complete the investigation itself, and commit or hold to bail the accused person to take his trial before the Court of Session.
For the purposes of investigation under this section the Civil Court may exercise all the powers of a Magistrate.
179. Magistrate may issue his warrant.- When a complaint is made to the Magistrate of the District or any other officer exercising the powers of a Magistrate, or to any Subordinate Magistrate empowered to commit persons for trial before the Court of Session, that any person has committed, or is suspected to have committed, any offence triable exclusively by the Court of Session, or which, in the opinion of such Magistrate, ought to be tried by the Court of Session, such Magistrate may issue his warrant to arrest such person:
May issue a summons instead of a warrant.- Provided that, in any such case the Magistrate to whom such complaint is made may, if he thinks fit, instead of issuing in the first instance his warrant to arrest the accused person, issue his summons requiring him to appear to answer to such complaint.
185. Restoration of property declared to be forfeited.- When any person whose property has been declared to he at the disposal of Government under section 184 appears or is found within two years after the attachment of the property, and proves to the satisfaction of the Court trying him for the offence of which he was accused, or, if not tried or committed for trial for that offence, to the satisfaction of the Magistrate of the District, that he did not abscond or conceal himself for the purpose of evading justice, such property, or if the same has been sold, the proceeds thereof, shall he restored to him.
203. No influence to be used to induce disclosures.- Except as provided in section 209 no influence, by means of any promise or threat or otherwise, shall he used to the accused person to induce him to disclose or withhold any matter within his knowledge.
208. Sections 188 to 192 to apply to witnesses for defence.- The provisions of sections 188 to 192 (both inclusive) shall be applicable to witnesses named in support of the defence, who may be summoned by the Magistrate.
209. Magistrate may tender pardon to accomplice.- The Magistrate of the District or other officer exercising the powers of a Magistrate, and any Subordinate Magistrate duly empowered under section 26, recording his reason for so doing, may tender a pardon to any one or more of the persons supposed to have been directly or indirectly concerned in or privy to any offence specified in column 7 of the schedule hereto annexed as triable by the Court of Session, on condition of his or their making a full, true, and fair disclosure of the whole of the circumstances within his or their knowledge relative to the crime committed, and every other person concerned in the perpetration thereof.
If any person accepts a tender of pardon under this section, he shall be examined as a witness in the case under the rules applicable to the examination of witnesses.
Such person, if not on bail, may, if the Magistrate or other officer as aforesaid thinks proper, he detained in custody pending the termination of the trial.
210. High Court or Court of Session may direct tender of pardon.- The High Court as a Court of reference, in cases tried with the aid of assessors, and the Court of Section, after committal but before the commencement, of a trial, may, with the view of obtaining on the trial the evidence of any person or persons supposed to have been directly or concerned in or privy to any such offence, instruct the Magistrate to tender a pardon on the same condition to such person or persons.
The Court of Session in like manner and on the same condition may, at any time during a trial, with the view of obtaining on the trial the evidence of any person or persons supposed to have been directly or indirectly concerned in or privy to any such offence, tender a pardon to such person or persons.
211. When High Court or Court of Session my direct the commitment of a person to whom a pardon may have been tendered.- When a pardon has been tendered under section 209 or section 210, it appears to the Magistrate before the committal or to the Court of Session at the time of trial, or to the High Court as a Court of reference, that any person who has accepted an offer of pardon has not conformed to the conditions under which the pardon was tendered, either by wilfully concealing anything essential, or by giving false evidence or information, such Magistrate or Court may commit or direct the commitment of such person for trial for the offence in respect of which the pardon was so tendered.
221. In what cases the powers given by sections 219, 220 may be exercised.- The powers given by sections 219 and 220 may he exercised every Criminal Court in every case in which a personal recognizance or hail has been given for the appearance of a party or witness, if default is made by the non-appearance of such party or witness before such Court according to the conditions of such recognizance or bail:
Provided that the Magistrate or Court may at his or its discretion remit any portion of the penalty mentioned in the personal recognizance or in the recognizance of the surety or sureties, and enforce payment in part only:
All orders passed by any Magistrate under this section or section 219 or section 220 shall he subject to revision by the Magistrate of the District.
222. Warrant of commitment how to be directed, &c.- Every warrant for the commitment of a person to custody shall be in writing and signed and sealed by the Judge or Magistrate who issues it, and shall he directed to some jailor, or other officer or person having authority to receive and keep prisoners, and shall be in the form (C) given in the appendix to the said Code or to the like effect.
226-A. When accused appears to have been insane.- When, from the evidence given before a Magistrate, there appears to be sufficient ground for believing that the accused person committed an act which if he had been of sound mind would have been an offence triable exclusively by the Court of Session, and that he was at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act charged, or that he was doing what was wrong or contrary to law, he shall he sent for trial by the Magistrate before the Court of Session:
If the Magistrate is a Justice of the Peace and the accused person is a European British subject, such person shall be sent for trial before the High Court.
248. Cases in which Magistrate may issue a warrant.- When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed, or is suspected to have committed, any offence triable by such Magistrate and punishable with imprisonment for a period exceeding six months, such Magistrate may issue his warrant to arrest such person:
Summons instead of warrant.- Provided that in any such case the Magistrate to whom the complaint is made may, for any sufficient reason, instead of issuing his warrant in the first instance, issue his summons, requiring the person complained against to appear to answer to such complaint.
249. Issue of process, &c.- The provisions of sections 180 to 206 (both inclusive) and of sections 212 to 221 (both inclusive) and of section 224 shall be applicable to cases tried under this Chapter:
On completing the examination of a witness under this section, the Magistrate, in addition to the memorandum required by section 199, shall record such remarks as he may think material respecting the demeanour of any witness while under examination.
257. Cases in which summons shall issue.- When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed or is suspected to have committed any offence triable by such Magistrate and punishable with fine only, or with imprisonment for a period not exceeding six months, the Magistrate may issue his summons directed to such person, requiring him to appear at a certain time and place before such Magistrate to answer to the complaint:
When warrant may issue.- Provided that, if the Magistrate is satisfied or has reason to believe that the accused person is about to abscond, he may, instead of issuing a summons, issue his warrant in the first instance for the arrest of such person.
262-A. Examination of accused.- The Magistrate may examine the accused person subject to the provisions of sections 202, 203, 204 and 205.
270. Compensation in cases of frivolous or vexatious complaints.- Whenever the Magistrate dismisses the complaint as frivolous or vexatious, he may, in his discretion, by his order of dismissal, award that the complainant shall pay to the accused person such compensation, not exceeding fifty rupees, as to such Magistrate seems just and reasonable:
In such cases, if more persons than one are accused, the Magistrate may in like manner award compensation not exceeding fifty rupees to each of them:
Recovery of such compensation.- The sum so awarded shall be recoverable by distress and sale of the moveable property belonging to the complainant, which may he found within the jurisdiction of the Magistrate of the District, and in default of such distress, by imprisonment of the complainant in the civil jail, for any time not exceeding thirty days, unless such sum shall be sooner paid.
276. Procedure of Subordinate Magistrate in cases beyond his jurisdiction.- If, in the course of a trial before a Subordinate Magistrate, the evidence appears to him to warrant a presumption that the accused person has been guilty of an offence which such Magistrate is not competent to try, or for which he is not competent to commit the accused person for trial, he shall stay proceedings and submit the case to the Magistrate to whom he is subordinate, or to such other Magistrate having jurisdiction as the Magistrate of the District may direct:
The Magistrate to whom the case is submitted shall either try the case himself or refer it to any officer subordinate to him having jurisdiction, or he may commit the accused person for trial:
In any such case, such Magistrate or other officer as aforesaid shall examine the parties and witnesses, and shall proceed in all respects as if no proceedings had been held in any other Court:
But any statement or confession duly made by an accused person in the course of the trial before the Subordinate Magistrate shall be admissible as evidence.
280. Personal recognizance to keep the peace in cases of conviction.- Whenever a person charged with rioting, assault, or other breach of the peace, or with abetting the same, or with assembling armed men or taking other unlawful measures with the evident intention of committing the same, is convicted of such charge before any Court of Session or the Magistrate of the District or a Magistrate in charge of a Division of a District or other officer exercising the powers of a Magistrate,
and the Court or Magistrate or other officer as aforesaid by which or by whom the accused person is convicted, or the Court or Magistrate or other officer as aforesaid by which or by whom the final sentence or order in the case is passed, is of opinion that it is just and necessary to require a personal recognizance for keeping the peace from the person so convicted,
the Court or Magistrate or other officer as aforesaid so convicting the accused person, or so passing the final sentence or order as aforesaid, may, in addition, direct that the person so convicted be required to execute a formal engagement, in a sum proportionate to his condition in life and the circumstances of the case, for keeping the peace during such period as it may appear proper to fix in each instance, not exceeding one year if the sentence or order he passed by a Magistrate, or three years if the sentence or final order he passed by a Court of Session:
If the accused person he sentenced to imprisonment, the period for which he may he required to execute a recognizance shall commence when he is released.
Where the convicting officer has not the powers of a Magistrate.- When any accused person is convicted of any offence specified, in this section by an officer not exercising the powers of a Magistrate, such officer, if he consider it just and necessary to require a personal recognizance for keeping the peace from the person so convicted, shall report the case to the Magistrate of the District, or other officer exercising the powers of a Magistrate to whom such officer may be subordinate, who shall deal with the case as, if the conviction had been before himself.
308. Magistrate may order removal of nuisances.- Whenever the Magistrate of a District or of a Division of a District, considers that any unlawful obstruction or nuisance should be removed from any thoroughfare or public place,
or that any trade or occupation, by reason of its being injurious to the health or comfort of the community, should he suppressed or should be removed to a different place,
or that the construction of any building or the disposal of any combustible substance, as likely to occasion conflagration, should be prevented,
or that any building is in such a state of weakness that it is likely to fall, and thereby cause injury to persons passing by, and that its removal in consequence is necessary,
or that any tank or well adjacent to any public thoroughfare should be fenced in such a manner as to prevent danger arising to the public-
he may issue an order to the person causing such obstruction or nuisance, or carrying on such trade or occupation, or being the owner or in possession of, or having control over, such building, substance, tank, or well as aforesaid, calling on him, within a time to be fixed in the order,
to remove such obstruction or nuisance,
or to suppress or remove such trade or occupation,
or to stop the construction of such building,
or to remove it,
or to alter the disposal of such substance,
or to fence such tank or well
(as the case may be),
or to appear before himself or some other officer exercising the powers of a Magistrate or of a Subordinate Magistrate of the First Class within the time mentioned in the order, and show cause why such order should not be enforced.
310. Person ordered shall obey, or may claim a jury.- The person to whom such order is issued shall be bound, within the time specified in the order, to obey the same or to appear before the Magistrate before whom lie was required by the order to appear to show cause as aforesaid, or he may apply to such Magistrate for an order for a jury to he appointed to try whether the order is reasonable and proper.
Constitution of jury.- On receiving such application, the Magistrate shall forthwith appoint a jury consisting of an odd number of persons not less than five, of whom the foreman and one-half of the remaining members shall he nominated by such Magistrate, and the other members by the applicant:
Suspension of order.- The execution of the order shall be suspended pending such enquiry, and the Magistrate who issued the order shall be graded by the decision of the jury, which shall be according to the opinion of the majority:
Procedure in case of non-appointment of or neglect by jury.- If the applicant, by neglect or otherwise, prevents the appointment of a jury, or if from any cause the jury so appointed does not decide and report within a reasonable time to be fixed in the order for the appointment, their functions shall cease from the date of the expiration of such period, unless they be continued by special order of the Magistrate:
If from any of the above causes no decision he made by the jury, the order of the Magistrate may be carried into effect as hereinafter provided.
311. Procedure in case of disobedience or neglect by person ordered.- If the person to whom the order mentioned section 308 is issued does not obey such order,
or show cause against the same as hereinafter provided,
or apply for a jury within the time specified in such order,
he shall he liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code;
and the Magistrate who issued such order may proceed to carry it into execution at the expense of such person, and may realize such expenses either by the sale of any building, goods, or other property removed by his order, or by the distress and sale of the moveable property of the person aforesaid.
No suit shall lie in respect of anything necessarily or reasonably done to give effect to such order.
312. Procedure where jury finds Magistrate's order to be reasonable.- If in a case referred to a jury, the jury find that the order of the Magistrate is reasonable and proper, the Magistrate who issued the order shall give notice of such finding to the person to whom the order was issued, and shall add to such notice an order to obey the order first mentioned within a time to be fixed in the notice and an intimation that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code.
If such latter order is not obeyed, the Magistrate may proceed as in section 311.
313. Procedure where person ordered satisfies Magistrate that the order is not reasonable.- If the person to whom the order of the Magistrate is issued appears and shows cause against it, so as to satisfy the Magistrate who issued it that if is not reasonable and proper, no further proceedings shall be taken in the case.
314. Injunction pending enquiry by jury.- If, pending the enquiry by a jury, the Magistrate that issued the order considers that immediate measures are necessary to be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person mentioned in that behalf in section 308 as is required to obviate or prevent such danger or injury.
In default of such person forthwith taking all necessary measures ordered to be taken by such injunction, the Magistrate may himself use or cause to he used such means as may he necessary to obviate such danger or to prevent such injury.
No suit shall lie in respect of anything necessarily or reasonably done for that purpose.
322. Local Government may order trials before Court of Session to be by jury.- The Local Government may order that the trial of all offences or of any particular class of offences before any Court of Session shall be by jury in any district, and such Local Government may from time to time revoke or alter such order.
The Local Government May also, if it see fit, direct that, in any district or in any class of offences, the, jurors shall, before the trial, be sworn in such form as the Government may prescribe.
Orders passed under this section shall be published in the Government Gazette, and in such other manner as the Local Government shall from time to time direct.
331. Revision of list.- The Collector or other officer as aforesaid shall, at the time and place mentioned in the notice, revise the list and hear the objections (if any) of persons interested in the amendment thereof, and shall strike out the name of any person not qualified in his judgmeut to serve as a juror or as an assessor, or who may avail himself of the exemption from service given by section 335, and insert the name of any person omitted from the list whom he deems qualified for such service.
A copy of the revised list shall be signed by the Collector or other officer as aforesaid and sent to the Court of Session.
Any order of the Collector or other officer as aforesaid in preparing and revising the list shall be final.
363. Refusal to plead, or plea of claim.- If the accused person refuses to plead, or claims to be tried, the Court shall proceed to choose jurors or select assessors and to try the case.
371. Dying declaration.- The declaration of a deceased person, whether it be reduced to writing or not and whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself to be in danger of approaching death, although he entertained at the time of making it hopes of recovery.
372. Defence.- When the case for the prosecution has been brought to a close, the Court may, if it considers that there are no grounds for proceeding with the trial, record a judgment of, acquittal; other wise the accused person shall be called upon to enter upon his defence, and to produce his evidence.
373. When accused person may be examined.- The Court, at the close of the case for the prosecution, and at the close of the evidence on behalf of the accused person (if he produces any evidence), may put any questions to the accused person which it may think proper.
It shall be in the option of the accused person to answer such questions, and after such, questions shall have been answered by the accused person, he or his counsel or agent may address the Court on the subject thereof.
The provisions of section 204 shall apply to examinations under this section.
374. When accused may address the Court.- The accused person or his counsel or agent may, at his address the Court at the close of the case for the prosecution, or at the close of any evidence that may he adduced on his behalf.
379-A. Withdrawal of remaining charges on conviction on one of several charges.- In trials before a Court of Session, when more Charges than one are preferred against the same person, and when a conviction has been bad on one or more of them, the Government pleader or other officer conducting the prosecution may with the consent of the Court withdraw, or the Court of its own accord May suspend, the enquiry into the remaining charge or charges.
380-A. Rules of evidence.- The rules contained in sections 367, 868, 369, 370 and 371, shall he applicable to all trials awl enquiries before Criminal Courts.
383. Execution of sentence of Court in cases referred to the High Court for confirmation of sentence.- In cases referred by the Court of Session for the confirmation of a sentence by the High Court, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court, and attested with his official signature, to the Court of Session.
Such Court shall, if the sentence he confirmed, immediately issue a warrant to the officer in charge of the jail in which the prisoner is confined to cause the sentence or order to he carried into execution; or in the case of any other order, shall cause such order to be carried into effect.
384. Court of Session to send copy of finding and sentence to District Magistrate.- In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence to the Magistrate of the District in which the trial was held.
If the accused person is sentenced to imprisonment, the Court shall forthwith forward him with a warrant for the execution of the sentence to the officer in charge of the jail of the district in which the trial was held.
The warrant shall state the offence of which the accused person has been convicted and the period during which he is to be imprisoned and the nature of the imprisonment.
Procedure after sentence passed by Court inferior to Session Court.- In cases tried by any Court inferior to a Court of Session, the Court passing the sentence shall forthwith forward the accused person with a similar warrant for the execution of the sentence to the officer in charge of the jail of the district in which the trial was held.
385. Execution of sentence under section 383 or 384.- Upon the receipt of a warrant under section 388 or 384, the officer in charge of the jail shall cause the sentence to be executed, and shall return the warrant when the sentence has been fully executed, to the Court from which it issued, with an endorsement under his signature, certifying the manner in which the sentence has been executed.
395. Clause 1.- Lunatic prisoners to be visited.- When any person is confined under the provisions of section 390 or section 394, the officer in charge of the jail, be visited if such person is confined in a jail, or the visitors of the Lunatic Asylums or any two of them, if he is confined in a Lunatic Asylum, may visit him in order to ascertain his state of mind; and he shall be visited once at least in every three months by such officer in charge of the jail or by two of such visitors as aforesaid, who shall make a special report to the Local Government as to his state of mind.
Clause 2.- Procedure where lunatic prisoner is certified to be capable of making his defence.- If such person is confined under section 390, and such officer or visitors as aforesaid shall certify that, in his or their opinion, such person is capable of making his defence, he shall he taken before the Magistrate or Court of Session, as the case may he, at such time as such Magistrate or Court of Session shall appoint; and such Magistrate or Court shall deal with such person under the provisions of section 392, and the certificate of such officer or visitors as aforesaid shall he receivable as evidence.
Clause 3.- Procedure where lunatic confined under section 394 is declared capable of being discharged.- If such person is confined under the provisions of section 394, and such officer or visitors as aforesaid shall certify that, in his or their judgment, he may be discharged without danger of his doing injury to himself or to any other person, the Local Government shall thereupon either order his discharge or order him to be transferred to a public Lunatic Asylum if he has not been already sent to such an Asylum, and shall appoint a commission consisting of a judicial officer not below the grade of a Sessions Judge, and two medical officers whereof the chief medical officer attached to the Lunatic Asylum shall be one. The said commission shall make formal enquiry into the state of mind of such person, taking such evidence as shall be necessary; and if they consider that he can be set at liberty without danger to himself or to any other person, he shall be discharged.
406. Proceedings of a case revised by High Court to be certified to Court in which conviction was had and Proviso.- Whenever a case is revised by the High Court under this Chapter, it shall certify its decision or order to the Court in which the conviction was had or by which the order was passed; or, if the conviction or order was passed by a Magistrate other than the Magistrate of the District, to the Magistrate of the District.
The Court or Magistrate to which the High Court certifies its order shall thereupon make such orders as are conformable to the decision of the High Court, and if necessary the record shall he amended in accordance therewith:
Proviso.- Provided that, in any case, revised by the High Court under this Chapter, the High Court snail not reverse the verdict of the jury, or, except as provided in this Chapter, alter or reverse the sentence or order of the Court below.
409. Appeals from Magistrates.- Any person convicted on a trial held by the Magistrate of the District or other officer exercising the powers of a Magistrate, or required by such Magistrate or other officer under section 295 or section 296 to give security for good behaviour, may appeal to the Court of Session of the District.
413. Appeals from orders under Chapter X.- Any person convicted by any Civil, Criminal or Revenue Court under Chapter X of this Act may appeal to the Court to which decrees or orders made in such Court are ordinarily appealable, subject to the rules provided in sections 416, 417, 418, 419, 420, 421 and 422.
Petitions of appeal under this section, if presented to any District Court, must be presented within thirty days from the day on which the sentence or order appealed against is passed.
Petitions of appeal to the High Court must be presented within sixty days calculated as last aforesaid.
An appeal may be admitted after the time herein provided on sufficient cause shown.
415. Period for presenting petitions of appeal.- Petitions of appeal to any Appellate Court, except the High Court, must be presented within thirty days from the day on which the sentence or order appealed against is passed.
Petitions of appeal to the High Court must be presented within sixty days calculated as above.
An appeal may be admitted after the time herein provided on sufficient cause shown.
421. Appellate Court may suspend sentence pending appeal, and release defendant on bail.- In any case in which an appeal is allowed, the Appellate Court may, pending the appeal, order that me sentence in suspended, and if the appellant be in confinement for an offence which is bailable, may order that he be released on bail; and the High Court may exercise the same authority in cases coming before it as a Court of revision.
422. Appellate Court may direct further enquiry, &c.- In any case in which an appeal has been allowed, the Appellate Court, if it think further enquiry or additional evidence upon any point bearing upon the guilt or innocence of the appellant to be necessary, may direct such enquiry to he made and additional evidence to be taken.
The result of the further enquiry and the additional evidence shall he certified to the Appellate Court, and the Appellate Court shall thereupon proceed to dispose, of the appeal in the manner prescribed by section 419.
Unless the Appellate Court otherwise direct the presence of the appellant may he dispensed with when the further enquiry is made or evidence taken.
The provisions of Chapter XII relating to summoning and enforcing the attendance of witnesses and their examination shall, so far as may be, apply to witnesses examined under this section.
427. Court of appeal how to proceed in case of conviction by a Court not having jurisdiction.- When any Court has convicted a person of an offence not triable by such Court, the Appellate Court may annul the conviction and sentence of such Court, and direct the trial of the case by a Court of competent jurisdiction.
432. Right of accused to be defended by counsel.- Every person charged before any Criminal Court with an offence may of right be defended by any barrister or attorney of a High Court, or by any pleader duly qualified under the provisions of Act No. XX of 1865, or any other law in force for the time being relating to pleaders. Provided that any such person may with the permission of the Court (but not otherwise) employ any other person not being a barrister, attorney or pleader to assist him in his defence.
435. When Court of Session may order commitment of person discharged by Magistrate.- In the case of offences specified in the seventh column of the schedule to this Act annexed as triable by the Court of Session only or by the Court of Session or Magistrate of the District, the Court of Session may order the commitment of any accused person who may have been discharged by any Magistrate. In the case of such offences the Court of Session may order an enquiry into any complaint which any Magistrate may have dismissed without enquiry.
In the case of such offences the Magistrate of the District shall have like powers where the Magistrate who has discharged the accused person or dismissed the complaint without enquiry is a Subordinate Magistrate.
If the Court of Session consider that any person convicted by a Magistrate has committed an offence not triable by such Magistrate, it may annul the conviction and sentence and direct the commitment of the accused person for trial before itself.
438. Expenses of prosecutors and witnesses.- Subject to any rules that may be passed by the Local Government with the previous sanction of the Governor General of India in Council, the Criminal Courts may order payment on the part of Government of the reasonable expenses of any complainant or witness attending for the purpose of any trial before such Court under this Act.
440. Copy of sentence or order to be furnished on application.- A copy of the final sentence or order passed by any Criminal Court together with the reasons for passing or making the same shall be furnished without delay on the application of any party to the case in which such sentence or order was passed.
Such copy shall be made at the expense of the person applying for it, unless he is in confinement under the sentence or order and is desirous of appealing against the same, or unless the Court for any special reason sees fit to grant such copy free of expense.
445-A. Extension of Code of Criminal Procedure.- When under the provisions of section 445 this Act has been or shall be extended to any part of the territories not subject to the general Regulations of Bengal, Madras or Bombay, the Governor General in Council or the Local Government of such territory may invest the chief officer charged with the executive administration of a district in criminal matters, by whatever designation such officer is called, with power to try all offences not punishable with death, and under the provisions of the said Code to pass sentence of imprisonment of either description for a term not exceeding seven years, including such solitary confinement as is authorized by law, or fine or both.
445-B. Procedure in cases triable by the Court of Session.- Such chief officer shall try as a Court of Session offences which, under the schedule hereto annexed, are triable by a Court of Session only, and in such trials shall be guided by the rules contained in Chapter XXV of this Code.
445-C. Appeals.- Any person convicted oil a trial hold by any officer insisted with the power described in section 445A may appeal to the High Court, and no appeal against such conviction shall lie to the Court of Session.
445-D. When High Court consists of one Judge.- When the High Court of reference, revision or appeal in any part of the territories to which this Code has been or shall be extended as aforesaid, consists of a single Judge, he shall have all the powers of two or more Judges of the Sadr Court under sections 398 and 401.
Schedule
Schedule
Explanatory Notes.-1st.-The entries in the 2nd and 6th columns of the schedule, headed respectively "Offence" and "Punishment trader the Indian Penal Code," are not intended as definitions of the offences and punishments described in the several corresponding sections of the Indian Penal Code, or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the 1st column.
2nd.-The term "Whether bailable or not," in column 5, is to be taken in connection with the provisions of sections 212 and 213 of this Code.
3rd.-Offences may be tried by a Court superior to the Court specifically mentioned in column 7. For example, a Court of Session may try an offence entered in column 7 as triable by a Magistrate.
4th.-The words "Magistrate of the District," as used in column 7, shall include any officer exercising the powers of a Magistrate.
5th.-The words "any Magistrate," as used in column 7, shall include any Subordinate Magistrate of the 1st or 2nd Class.
6th.-In the territories in British India to which the General Regulations of Bengal, Madras and Bombay do not extend, the powers given by this Act shall he exercised by such officers as the Local Government of those territories respectively shall appoint;
7th.-The last part of this schedule headed "Offences against other Laws" shall not be taken to alter or affect any special provision contained in such laws regarding the procedure to be followed in the case of offences made punishable thereby.