(1) This Act may be called the Code of CriminalProcedure, 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 XIthereof, 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 thewhole 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 21stday of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of theSixth 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.

STATE AMENDMENT

Haryana--

In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,--In section 1, after figures"2014", the words "as extended to the Union territory of Chandigarh" shall be inserted;

[Vide Notification No. GSR929(E) dated 16th December, 2019.]

1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule(w.e.f. 31-10- 2019).

In this Code, unless the context otherwise requires,--

(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;

(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 1[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 Cattletrespass 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.

STATE AMENDMENT

Haryana--

In section 2, for the words "State of Haryana", the words "Union territory of Chandigarh" shall besubstituted.

[Vide Notification No. GSR929(E) dated 16th December, 2019.]

1. Ins. by Act 45 of 1978, s. 2 (w.e.f. 18-12-1978).

2. Ins. by Act 5 of 2009, s. 2 (w.e.f. 31-12-2009).

(1) In this Code,--

(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires,--

(i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;

(ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;

(b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;

(c) any reference to a Magistrate of the first class shall,--

(i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area;

(ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area;

(d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.

(2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area.

(3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code,--

(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class;

(b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class;

(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate;

(d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area.

(4) Where, under any law, other than this Code, the function exercisable by a Magistrate relate to matters,--

(a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pendinginvestigation, 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.

STATE AMENDMENT

Andaman and Nicobar Islands (U.T.).--

Insertion of New section 3A. --In the Code, as it applies to the Union territory of Andaman andNicobar Islands, after section 3, the following section shall be inserted, namely:--

"3A. Special provision relating to Andaman and Nicobar Islands. --(1) Reference in this Code to--

(a) The Chief Judicial Magistrate shall be construed as references to the District Magistrate or, wherethe State Government so directs, also to the Additional District Magistrate;

(b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the firstclass or of the second class, shall be construed as references to such Executive Magistrate as the StateGovernment may, be notification in the Official Gazette, specify.

(2) The State Government may, if it is of opinion that adequate number of persons are available forappointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of thissection shall, on and from such day as may be specified in the notification, cease to be in force and differentdates may be specified for different islands.

(3) On the cesser of operation of the provisions of this section, every inquiry or trial pending, immediatelybefore such cesser, before the District Magistrate or Additional District Magistrate or any ExecutiveMagistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reachedbefore, such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.".

[Vide Andaman and Nicobar Islands (U.T.) Act 1 of 1974, s. 3]

(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

Nothing contained in this Code shall, in the absence of a specific provision to thecontrary, 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.

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.

(1) Every State shall be a sessions division or shall consist of sessionsdivisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into subdivisions 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.

(1) The State Government may, by notification, declare that, as from suchdate as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

(5) Where the State Government reduces or alters, under sub-section (3), the limits of anymetropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.

Explanation.--In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

STATE AMENDMENT

Delhi--

In its application to the National Capital Territory of Delhi, in section 8,--

(a) in sub-section (1), for the words "a city or town", substitute "a city or town or part thereof--;

(b) for sub-section (3), substitute the following sub-section, namely:--

"(3) The State Government may, by notification divide a metropolitan area into two or more suchareas or extend or reduce or alter the limits of a metropolitan area:

Provided that--

(a) the division of metropolitan area shall not be so made as to result in the population of any of theareas into which it has been divided being less than one million; and

(b) the reduction or alteration of metropolitan area shall not be so made as to reduce the populationof such area to less than one million.";

(c) after sub-section (4), insert the following sub-section, namely: --

"(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue suchdirections as it deems fit with respect to the disposal of the proceedings pendings immediately before suchdivision before any Magistrate or court having jurisdiction in respect of such area."

[Vide Delhi Act 9 of 2011, s. 2.]

(1) The State Government shall establish a Court of Session for every sessionsdivision.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges toexercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also anAdditional Sessions Judge of another division, and in such case he may sit for the disposal of cases atsuch 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 thedisposal of any urgent application which is, or may be, made or pending before such Court of Session byan Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by aChief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall havejurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Courtmay, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it willtend to the general convenience of the parties and witnesses to hold its sittings at any other place in thesessions division, it may, with the consent of the prosecution and the accused, sit at that place for thedisposal 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 ofthe Union or of a State, where under any law, such appointment, posting or promotion is required to bemade by Government.

STATE AMENDMENT

West Bengal.----

To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:--

Provided that notwithstanding anything to the contrary contained in this Code, an Additional SessionsJudge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters ofthe Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in thatsub-division, for the purposes of sub-section (7) of session 116, sections 193 and 194, clause (a) ofsection 209 and sections 409, 439 and 449:

Provided further that the above powers shall not be in derogation of the powers otherwise exercisableby an Additional Sessions Judge or a Sessions Judge under this Code.".

[Vide West Bengal Act, 24 of 1988, s. 3.]

(1) All Assistant Sessions Judges shall besubordinate 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 thedistribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in theevent of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be noAdditional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge orMagistrate shall be deemed to have jurisdiction to deal with any such application.

(1) In every district (not being a metropolitan area) there shallbe established as many Courts of Judicial Magistrates of the first class and of the second class, and at suchplaces, as the State Government may, after consultation with the High Court, by notification, specify:

1[Provided that the State Government may, after consultation with the High Court, establish, for anylocal area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to tryany particular case or particular class of cases, and where any such Special Court is established, no otherCourt of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial ofwhich such Special Court of Judicial Magistrate has been established.]

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers ofa Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of theState, functioning as a Judge in a Civil Court.

STATE AMENDMENT

Andaman and Nicobar Islands (U.T.).--

In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) ofsection 11, for the words u201cany member of the judicial service of the state functioning as a judge in a civilcourt", the words u201cany person discharging the functions of a civil court", shall be substituted.

[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 4.]

1. Added by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978).

(1) In everydistrict (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first classto be the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional ChiefJudicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrateunder 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 asthe Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section asoccasion requires.

(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional JudicialMagistrate shall also have and exercise, such powers of supervision and control over the work of theJudicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the HighCourt may, by general or special order, specify in this behalf.

(1) The High Court may, if requested by the Central or StateGovernment so to do, confer upon any person who holds or has held any post under the Government, allor any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1 [of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:]

Provided that no such power shall be conferred on a person unless he possesses such qualification orexperience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term,not exceeding one year at a time, as the High Court may, by general or special order, direct.

2[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]

STATE AMENDMENT

Assam--

For section 13 of the Code, the following shall be substituted, namely:--

"13.(1) The State Government may appoint as may persons as it thinks fit to be sub divisionalMagistrates in any district in the State of Assam.

(2) The State Government, or subject to the control of the State Government, the District Magistratemay place one or more Subdivisional Magistrates in charge of a subdivision".

[Vide Assam Act 13 of 1964, s. 2.]

Himachal Pradesh

Amendment of Section 13.-- in Sub-section (1) of section 13 of the Code of Criminal Procedure,1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words in any district thewords "in any local area" shall be substituted.

[Vide Himachal Pradesh Act 40 of 1976, s. 2.]

1. Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-1978).

2. Ins. by s. 4, ibid. (w.e.f. 18-12-1978).

(1) Subject to the control of the High Court, theChief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code:

1[Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within thelocal area for which it is established.]

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every suchMagistrate shall extend throughout the district.

2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which heordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or theChief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his localjurisdiction, 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 inrelation to the said district or metropolitan area.]

1. Added by s. 5, ibid. (w.e.f. 18-12-1978).

2. Ins. by s. 5, ibid. (w.e.f. 18-12-1978).

(1) Every Chief Judicial Magistrate shall besubordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general controlof the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders,consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate tohim.

(1) In every metropolitan area, there shall be establishedas many Courts of Metropolitan Magistrates, and at such places, as the State Government may, afterconsultation with the High Court, by notification, specify.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout themetropolitan area.

(1) TheHigh Court shall, in relation to every metropolitan area within its local jurisdiction, appoint aMetropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief MetropolitanMagistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under thisCode or under any other law for the time being in force as the High Court may direct.

(1) The High Court may, if requested by the Central orState Government so to do, confer upon any person who holds or has held any post under theGovernment, all or any of the powers conferred or conferrable by or under this Code on a MetropolitanMagistrate, in respect to particular cases or to particular classes of cases 1 , in any metropolitan areawithin its local jurisdiction:

Provided that no such power shall be conferred on a person unless he possesses such qualification orexperience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for suchterm, not exceeding one year at a time, as the High Court may, by general or special order, direct.

2[(3) The High Court or the State Government, as the case may be, may empower any Special MetropolitanMagistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the firstclass.]

1. The words "or to cases generally" omitted by Act 45 of 1978, s. 6 (w.e.f. 18-12-1978).

2. Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 18-12-1978).

(1) The Chief Metropolitan Magistrate and everyAdditional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every otherMetropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to theChief Metropolitan Magistrate.

(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any,of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as tothe allocation of business to an Additional Chief Metropolitan Magistrate.

(1) In every district and in every metropolitan area, the StateGovernment may appoint as many persons as it thinks fit to be Executive Magistrates and shall appointone of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional DistrictMagistrate, and such Magistrate shall have 1[such] of the powers of a District Magistrate under this Codeor under any other law for the time being in force 2[as may be directed by the State Government].

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officersucceeds temporarily to the executive administration of the district, such officer shall, pending the ordersof the State Government, exercise all the powers and perform all the duties respectively conferred andimposed by this Code on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and mayrelieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-divisionshall be called the Sub-divisional Magistrate.

3[(4A) The State Government may, by general or special order and subject to such control anddirections as it may deem fit to impose, delegate its powers under sub-section (4) to the DistrictMagistrate.]

(5) Nothing in this section shall preclude the State Government from conferring, under any law forthe time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistratein relation to a metropolitan area.

1. Subs. by s. 7, ibid., for "all or any" (w.e.f. 18-12-1978).

2. Ins. by s. 7, ibid. (w.e.f. 18-12-1978).

3. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23-6-2006).

The State Government may appoint, for such term as it maythink fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or forthe performance of particular functions and confer on such Special Executive Magistrates such of thepowers as are conferrable under this Code on Executive Magistrates, as it may deem fit.

(1) Subject to the control of the StateGovernment, the District Magistrate may, from time to time, define the local limits of the areas withinwhich the Executive Magistrates may exercise all or any of the powers with which they may be investedunder this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every suchMagistrate shall extend throughout the district.

(1) All Executive Magistrates, other than theAdditional District Magistrate, shall be subordinate to the District Magistrate, and every ExecutiveMagistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also besubordinate to the Sub-divisional Magistrate, subject, however, to the general control of the DistrictMagistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent withthis Code, as to the distribution of business among the Executive Magistrates subordinate to him and as tothe allocation of business to an Additional District Magistrate.

1[24. Public Prosecutors. (1) For every High Court, the Central Government or the StateGovernment shall, after consultation with the High Court, appoint a Public Prosecutor and may alsoappoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appealor other proceeding on behalf of the Central Government or State Government, as the case may be.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose ofconducting any case or class of cases in any district or local area.

(3) For every district, the State Government shall appoint a Public Prosecutor and may also appointone or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may beappointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for anotherdistrict.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names ofpersons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutorsfor the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or AdditionalPublic Prosecutor for the district unless his name appears in the panel of names prepared by the DistrictMagistrate under sub-section (4).

(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regularCadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an AdditionalPublic Prosecutor only from among the persons constituting such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in suchCadre for such appointment that Government may appoint a person as Public Prosecutor or AdditionalPublic Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate undersub-section (4).

2[Explanation.--For the purposes of this sub-section,--

(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers whichincludes therein the post of a Public Prosecutor, by whatever name called, and which provides forpromotion of Assistant Public Prosecutors, by whatever name called, to that post;

(b) "Prosecuting Officer" means a person, by whatever name called, appointed to perform thefunctions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutorunder this Code.]

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional PublicProsecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he hasbeen in practice as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes of any case orclass of cases, a person who has been in practice as an advocate for not less than ten years as a SpecialPublic Prosecutor:

3[Provided that the Court may permit the victim to engage an advocate of his choice to assist theprosecution under this sub-section.]

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has beenin practice as a pleader, or has rendered (whether before or after the commencement of this Code) serviceas a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or otherProsecuting Officer, by whatever name called, shall be deemed to be the period during which such personhas been in practice as an advocate.]

STATE AMENDMENT

Karnataka--

Amendment of section 24.-- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of1974) (hereinafter referred to as the principal Act) in sub-section (1),--

(i) the words and punctuation mark "or the State Government shall", shall be omitted; and

(ii) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint aPublic Prosecutor" shall be substituted.

[Vide Karnataka Act 20 of 1982, s. 2.]

Maharashtra

Amendment of section 24.-- In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in itsapplication to the State of Maharashtra:--

(a) in sub-section (6), the proviso shall be deleted;

(b) after sub-section (6), the following sub-section shall be inserted, namely:--

(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject tothe provisions of sub-sections (4) and (5), appoint a person who has been in practice as an advocate fornot less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district.".

[Vide Maharashtra Act 33 of 2014, s. 2.]

Madhya Pradesh--

Amendment of Section 24.--In Section 24 of the principal Act.--

(i) in sub-section (6), for the words, "brackets and figure "Notwithstanding anything contained insub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained insub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall bedeemed to have been substituted with effect from 18th December, 1978;

(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have beeninserted with effect from 18th December, 1978, namely:--

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint aperson who has been in practice as an advocate for not less than seven years as the Public Prosecutoror Additional Public Prosecutor for the district and it shall not be necessary to appoint the PublicProsecutor or Additional Public Prosecutor for the district from among the person constituting theCadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4)and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under thissub-section--;

(iii) in sub-section (7), after the words, bracket and figure sub-section (6), the words, brackets,figure and letter "or sub-section (6-A)" shall be inserted and shall be deemed to have been inserted witheffect from 18th December, 1978; and

(iv) in sub-section (9), for the words, brackets and figure, "sub-section (7)", the words, brackets,figures and letter "sub-section (6-A) and sub-section (7)" shall be substituted and shall be deemed to havebeen substituted with effect from 18th December, 1978.

[Vide Madhya Pradesh Act 21 of 1995, s. 3.]

West Bengal--

In Sub-section (6) of section 24 of the principal Act, for the words shall appoint a Public Prosecutoror an Additional Public Prosecutor only", the words "may also appoint a Public Prosecutor or anAdditional Public Prosecutor" shall be substituted.

[Vide West Bengal Act 26 of 1990, s. 3.]

West Bengal

In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted.

[Vide West Bengal Act 25 of 1992, s. 3.]

1. Subs. by Act 45 of 1978, s. 8, for s. 24 (w.e.f. 18-12-1978).

2. Ins. by Act 25 of 2005, s. 3 (w.e.f. 23-6-2006).

3. Ins. by Act 5 of 2009, s. 3 (w.e.f. 31-12-2009).

(1) The State Government shall appoint in every district one ormore Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

1[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for thepurpose of conducting any case or class of cases in the Courts of Magistrates.]

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed asan Assistant Public Prosecutor.

(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, theDistrict Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of thatcase:

Provided that a police officer shall not be so appointed--

(a) if he has taken any part in the investigation into the offence with respect to which the accused isbeing prosecuted; or

(b) if he is below the rank of Inspector.

1. Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978).

1[25A. Directorate of Prosecution. (1) The State Government may establish a Directorate ofProsecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as itthinks fit.

(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director ofProsecution, only if he has been in practice as an advocate for not less than ten years and suchappointment shall be made with the concurrence of the Chief Justice of the High Court.

(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shallfunction under the administrative control of the Head of the Home Department in the State.

(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointedby the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 toconduct cases in the High Court shall be subordinate to the Director of Prosecution.

(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointedby the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 toconduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) ofsection 25 shall be subordinate to the Deputy Director of Prosecution.

(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecutionand the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such asthe State Government may, by notification, specify.

(8) The provisions of this section shall not apply to the Advocate General for the State whileperforming the functions of a Public Prosecutor.]

STATE AMENDMENT

Karnataka--

In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), --

(a) for sub-section (2), the following shall be substituted, namely:--

"(2) The post of Director of prosecution and Government litigations, or a Deputy Director ofProsecution and other cadres shall be filled in accordance with the Cadre and Recruitment Rules framedunder the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990).u201d

(b) for sub-section (5), the following shall be substituted, namely:--

"(5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Government from thecadre of Prosecutors recruited under the recruitment rules framed by the Government under the KarnatakaState Civil Services Act, 1978 shall be subordinate to the Director of Prosecution and Governmentlitigations and every Public Prosecutor, Additional Prosecutor and Special Prosecutor appointed under subsection (8) of section 24 shall be subordinate to the Advocate General.u201d

(c) in sub-section (6), for the words u201cDeputy Director of Prosecution, the words u201cDirector of Prosecution"shall be substituted.

[Vide Karnataka Act 39 of 2012, s. 2]

Madhya Pradesh--

Substitution of Section 25A.--For section 25A of the principal Act, the following section shall besubstituted, namely: --

"25A. Directorate of Prosecution.--(1) The State Government may establish a Directorate ofProsecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution,Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecutionand such other posts as it thinks fit.

(2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors ofProsecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shallbe filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service RecruitmentRules, 1991, as amended from time to time.

(3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall functionunder the administrative control of the head of the Home Department in the State.

(4) Every Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director ofProsecution and Assistant Director of Prosecution and other posts specified in sub-section (2) shall besubordinate to the Director of Prosecution.

(5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya PradeshPublic Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director ofProsecution and every Public Prosecutor and Additional Public Prosecutor appointed undersub-section (1) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) ofSection 24 to conduct cases in the High Court shall be subordinate to the Advocate General.

(6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (3) ofSection 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conductcases in District Courts shall be subordinate to the District Magistrate.

(7) The powers and functions of the Director of Prosecution shall be such as the State Governmentmay, by notification, specify.".

[Vide Madhya Pradesh Act 18 of 2014, s. 3.]

1. Ins. by Act 25 of 2005, s. 4 (w.e.f. 23-6-2006).

Subject to the other provisions of this Code,--

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by--

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable:

1[Provided that any 2[offence under section 376, section 376A, section 376B, section 376C,section 376D or section 376E of the Indian Penal Code (45 of 1860) shall be tried as far aspracticable by a Court presided over by a woman.]

(b) any offence under any other law shall, when any Court is mentioned in this behalf in suchlaw, be tried by such Court and when no Court is so mentioned, may be tried by--

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable.

1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009).

2. Subs. by Act 13 of 2013, s. 11, for "offence under section 376 and sections 376A to 376D of the Indian PenalCode (45 of 1860)" (w.e.f. 3-2-2013).

Any offence not punishable with death or imprisonmentfor life, committed by any person who at the date when he appears or is brought before the Court is underthe age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Courtspecially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being inforce providing for the treatment, training and rehabilitation of youthful offenders.

(1) A High Court may passany sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; butany sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of deathor of imprisonment for life or of imprisonment for a term exceeding ten years.

(1) The Court of a Chief Judicial Magistrate maypass any sentence authorised by law except a sentence of death or of imprisonment for life or ofimprisonment for a term exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term notexceeding three years, or of fine not exceeding 1[ten thousand rupees], or of both.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term notexceeding one year, or of fine not exceeding 2[five thousand rupees], or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a ChiefJudicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of thefirst class.

1. Subs. by Act 25 of 2005, s. 5, for "five thousand rupees" (w.e.f. 23-6-2006).

2. Subs. by s. 5, ibid., for "one thousand rupees" (w.e.f. 23-6-2006)

(1) The Court of a Magistrate may award suchterm of imprisonment in default of payment of fine as is authorised by law:

Provided that the term--

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceedone-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment forthe offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence ofimprisonment for the maximum term awardable by the Magistrate under section 29.

(1) When a person is convicted atone trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian PenalCode (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which suchCourt is competent to inflict; such punishments when consisting of imprisonment to commence the one afterthe expiration of the other in such order as the Court may direct, unless the Court directs that such punishmentsshall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of theaggregate punishment for the several offences being in excess of the punishment which it is competent toinflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided that--

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteenyears;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Courtis competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentencespassed against him under this section shall be deemed to be a single sentence.

(1) In conferring powers under this Code, the High Court or theState Government, as the case may be, may, by order, empower persons specially by name or in virtue oftheir offices or classes of officials generally be their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person soempowered.

Whenever any person holding an office in the service ofGovernment who has been invested by the High Court or the State Government with any powers underthis Code throughout any local area is appointed to an equal or higher office of the same nature, within alike local area under the same State Government, he shall, unless the High Court or the State Government,as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the localarea in which he is so appointed.

(1) The High Court or the State Government, as the case may be, maywithdraw all or any of the powers conferred by it under this Code on any person or by any officersubordinate to it.

(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may bewithdrawn by the respective Magistrate by whom such powers were conferred.

(1) Subject tothe other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised orperformed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office of any Additional or AssistantSessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for thepurposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-officeof such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the ChiefJudicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing theMagistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemedto be the successor-in-office of such Magistrate.

Police officers superior in rank to an officer in chargeof a police station may exercise the same powers, throughout the local area to which they are appointed,as may be exercised by such officer within the limits of his station.

Every person is bound to assist a Magistrate orpolice officer reasonably demanding his aid--

(a) in the taking or preventing the escape of any other person whom such Magistrate or policeofficer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph orpublic property.

When a warrant is directed to aperson other than a police officer, any other person may aid in the execution of such warrant, if the personto whom the warrant is directed be near at hand and acting in the execution of the warrant.

(1) Every person, aware of the commissionof, or of the intention of any other person to commit, any offence punishable under any of the followingsections of the Indian Penal Code (45 of 1860), namely:---

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the Statespecified in Chapter VI of the said Code);

(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillityspecified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegalgratification);

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of foodand drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life);

1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt orrestraint in order to the committing of the theft);

(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robberyand dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant,etc.);

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property);

(x) sections 449 and 450 (that is to say, offence of house trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notesand bank notes),

shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon theperson so aware, forthwith give information to the nearest Magistrate or police officer of suchcommission or intention.

(2) For the purposes of this section, the term "offence" includes any act committed at any place outof India which would constitute an offence if committed in India.

1. Ins. by Act 42 of 1993, s. 3 (w.e.f. 22-5-1993).

(1) Every officer employed in connection with the affairs of a village and every person residingin a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearestpolice station, whichever is nearer, any information which he may possess respecting--

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen propertyin or near such village;

(b) the resort to any place within, or the passage through, such village of any person whom heknows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village any non-bailable offence orany offence punishable under section 143, section 144, section 145, section 147, or section 148 of theIndian Penal Code (45 of 1860);

(d) the occurrence in or near such village of any sudden or unnatural death or of any death undersuspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, incircumstances which lead to a reasonable suspicion that such a death has occurred or thedisappearance from such village of any person in circumstances which lead to a reasonable suspicionthat a non-bailable offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of India near such village any actwhich, if committed in India, would be an offence punishable under any of the following sections ofthe Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399(both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety ofperson or property respecting which the District Magistrate, by general or special order made with theprevious sanction of the State Government, has directed him to communicate information.

(2) In this section,--

(i) "village" includes village-lands;

(ii) the expression "proclaimed offender" includes any person proclaimed as an offender by anyCourt or authority in any territory in India to which this Code does not extend, in respect of any actwhich if committed in the territories to which this Code extends, would be an offence punishableunder any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382,392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);

(iii) the words "officer employed in connection with the affairs of the village" means a memberof the panchayat of the village and includes the headman and every officer or other person appointedto perform any function connected with the administration of the village.

(1) Any police officer may without an order from aMagistrate and without a warrant, arrest any person--

1[(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has beenreceived, or a reasonable suspicion exists that he has committed a cognizable offence punishable withimprisonment for a term which may be less than seven years or which may extend to seven yearswhether with or without fine, if the following conditions are satisfied, namely:--

(i) the police officer has reason to believe on the basis of such complaint, information, orsuspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary--

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear ortampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any personacquainted with the facts of the case so as to dissuade him from disclosing such facts to theCourt or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannotbe ensured,

and the police officer shall record while making such arrest, his reasons in writing:

2[Provided that a police officer shall, in all cases where the arrest of a person is not required underthe provisions of this sub-section, record the reasons in writing for not making the arrest.]

(ba) against whom credible information has been received that he has committed a cognizableoffence punishable with imprisonment for a term which may extend to more than seven years whetherwith or without fine or with death sentence and the police officer has reason to believe on the basis ofthat information that such person has committed the said offence;]

(c) who has been proclaimed as an offender either under this Code or by order of the StateGovernment; or

(d) in whose possession anything is found which may reasonably be suspected to be stolenproperty and who may reasonably be suspected of having committed an offence with reference tosuch thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, orattempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, orcredible information has been received, or a reasonable suspicion exists, of his having beenconcerned in, any act committed at any place out of India which, if committed in India, wouldhave been punishable as an offence, and for which he is, under any law relating to extradition, orotherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) ofsection 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from anotherpolice officer, provided that the requisition specifies the person to be arrested and the offence or othercause for which the arrest is to be made and it appears therefrom that the person might lawfully bearrested without a warrant by the officer who issued the requisition.

3[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence oragainst whom a complaint has been made or credible information has been received or reasonablesuspicion exists of his having so concerned, shall be arrested except under a warrant or order of aMagistrate.]

1. Subs. by Act 5 of 2009, s. 5, for cls. (a) and (b) (w.e.f. 1-11-2010).

2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010).

3. Subs. by Act 5 of 2009, s. 5, for sub-section (2) (w.e.f. 1-11-2010).

1[41A. Notice of appearance before police officer. (1) 2[The police officer shall], in all caseswhere the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue anotice directing the person against whom a reasonable complaint has been made, or credible informationhas been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appearbefore him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with theterms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested inrespect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is ofthe opinion that he ought to be arrested.

3[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling toidentify himself, the police officer may, subject to such orders as may have been passed by a competentCourt in this behalf, arrest him for the offence mentioned in the notice.]

1. Ins. by s. 6, ibid. (w.e.f. 1-11-2010).

2. Subs. by Act 41 of 2010, s. 3, for "The police officer may" (w.e.f. 2-11-2010).

3. Subs. by s. 3, ibid. (w.e.f. 2-11-2010).

Every police officer while makingan arrest shall--

(a) bear an accurate, visible and clear identification of his name which will facilitate easyidentification;

(b) prepare a memorandum of arrest which shall be--

(i) attested by at least one witness, who is a member of the family of the person arrested or arespectable member of the locality where the arrest is made;

(ii) countersigned by the person arrested; and

(c) inform the person arrested, unless the memorandum is attested by a member of his family, thathe has a right to have a relative or a friend named by him to be informed of his arrest.

(1) The State Government shall establish a police control room--

(a) in every district; and

(b) at State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms atevery district, the names and addresses of the persons arrested and the name and designation of the policeofficers who made the arrests.

(3) The control room at the Police Headquarters at the State level shall collect from time to time, detailsabout the persons arrested, nature of the offence with which they are charged and maintain a database for theinformation of the general public.

When anyperson is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice duringinterrogation, though not throughout interrogation.]

(1) When any person who, in the presence of apolice officer, has committed or has been accused of committing a non-cognizable offence refuses, on demandof such officer, to give his name and residence or gives a name or residence which such officer has reason tobelieve to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on hisexecuting a bond, with or without sureties, to appear before a Magistrate if so required:

Provided that, if such person is not resident in India, the bond shall be secured by a surety or suretiesresident in India.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours fromthe time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shallforthwith be forwarded to the nearest Magistrate having jurisdiction.

(1) Any private person may arrest orcause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or anyproclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person soarrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken incustody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section 41, a police officershall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on thedemand of a police officer to give his name and residence, or gives a name or residence which such officer hasreason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is nosufficient reason to believe that he has committed any offence, he shall be at once released.

(1) When any offence is committed in the presence of a Magistrate, whetherExecutive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest theoffender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender tocustody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in hispresence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in thecircumstances to issue a warrant.

(1) Notwithstanding anything containedin sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested foranything done or purported to be done by him in the discharge of his official duties except after obtaining theconsent of the Central Government.

(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply tosuch class or category of the members of the Force charged with the maintenance of public order as may bespecified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as iffor the expression "Central Government" occurring therein, the expression "State Governmen"t were substituted.

(1) In making an arrest the police officer or other person making the same shallactually touch or confine the body of the person to be arrested, unless there be a submission to the custody byword or action:

1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, hersubmission to custody on an oral intimation of arrest shall be presumed and, unless the circumstancesotherwise require or unless the police officer is a female, the police officer shall not touch the person of thewoman for making her arrest.]

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such policeofficer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offencepunishable with death or with imprisonment for life.

2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, andwhere such exceptional circumstances exist, the woman police officer shall, by making a written report, obtainthe prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence iscommitted or the arrest is to be made.]

1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009).

2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006).

(1) If any person acting under warrant ofarrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested hasentered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demandof such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford allreasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for aperson acting under a warrant and in any case in which a warrant may issue, but cannot be obtained withoutaffording the person to be arrested an opportunity of escape, for a police officer to enter such place and searchtherein, and in order to effect an entrance into such place, to break open any outer or inner door or window ofany house or place, whether that of the person to be arrested or of any other person, if after notification of hisauthority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:

Provided that, if any such place is an apartment in the actual occupancy of a female (not being the personsto be arrested) who, according to custom, does not appear in public, such person or police officer shall, beforeentering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her everyreasonable facility for withdrawing, and may then break open the apartment and enter it.

(3) Any police officer or other person authorised to make an arrest may break open any outer or innerdoor or window of any house or place in order to liberate himself or any other person who, having lawfullyentered for the purpose of making an arrest, is detained therein.

A police officer may, for the purpose of arrestingwithout warrant any person whom he is authorised to arrest, pursue such person into any place in India.

The person arrested shall not be subjected to more restraint than isnecessary to prevent his escape.

(1) Every police officeror other person arresting any person without warrant shall forthwith communicate to him full particulars of theoffence for which he is arrested or other grounds for such arrest.

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailableoffence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange forsureties on his behalf.

1[50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. (1)Every police officer or other person making any arrest under this Code shall forthwith give the informationregarding such arrest and place where the arrested person is being held to any of his friends, relatives or suchother persons as may be disclosed or nominated by the arrested person for the purpose of giving suchinformation.

(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he isbrought to the police station.

(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to bekept in the police station in such form as may be prescribed in this behalf by the State Government.

(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that therequirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.]

1. Ins. by s. 7, ibid. (w.e.f. 23-6-2006).

(1) Whenever a person is arrested by a police officer under a warrant whichdoes not provide for the taking of bail, or under a warrant which provides for the taking of bail but the personarrested cannot furnish bail, and

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally beadmitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police officer to whom hemakes over the person arrested, may search such person, and place in safe custody all articles, other than necessarywearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing thearticles taken in possession by the police officer shall be given to such person.

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female withstrict regard to decency.

The officer or other person making any arrest under this Code maytake from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons sotaken to the Court or officer before which or whom the officer or person making the arrest is required by this Codeto produce the person arrested.

(1) When a person isarrested on a charge of committing an offence of such a nature and alleged to have been committed under suchcircumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as tothe commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a policeofficer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, tomake such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which mayafford such evidence, and to use such force as is reasonably necessary for that purpose.

(2) Whenever the person of a female is to be examined under this section, the examination shall be made onlyby, or under the supervision of, a female registered medical practitioner.

¹[Explanation.--In this section and in sections 53A and 54,--

(a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexualoffences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientifictechniques including DNA profiling and such other tests which the registered medical practitioner thinksnecessary in a particular case;

(b) "registered medical practitioner" means a medical practitioner who possesses any medical qualificationas defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name hasbeen entered in a State Medical Register.]

1 Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).

1[53A. Examination of person accused of rape by medical practitioner.(1) When a person is arrested on acharge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believingthat an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for aregistered medical practitioner employed in a hospital run by the Government or by a local authority and in the absenceof such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, byany other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrestedperson and to use such force as is reasonably necessary for that purpose.

(2) The registered medical practitioner conducting such examination shall, without delay, examine such personand prepare a report of his examination giving the following particulars, namely:--

(i) the name and address of the accused and of the person by whom he was brought,

(ii) the age of the accused,

(iii) marks of injury, if any, on the person of the accused,

(iv) the description of material taken from the person of the accused for DNA profiling, and

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.

(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, whoshall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection(5) of that section.]

1. Ins. by s. 9, ibid. (w.e.f. 23-6-2006).

1[54. Examination of arrested person by medical officer. (1) When any person is arrested, he shall beexamined by a medical officer in the service of Central or State Government, and in case the medical officer is notavailable, by a registered medical practitioner soon after the arrest is made:

Provided that where the arrested person is a female, the examination of the body shall be made only by or underthe supervision of a female medical officer, and in case the female medical officer is not available, by a femaleregistered medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare therecord of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and theapproximate time when such injuries or marks may have been inflicted.

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall befurnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or theperson nominated by such arrested person.]

1. Subs. by Act 5 of 2009, s. 8, for section 54 (w.e.f. 31-12-2009).

¹[54A. Identification of person arrested. Where a person is arrested on a charge of committing an offenceand his identification by any other person or persons is considered necessary for the purpose of investigation of suchoffence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct theperson so arrested to subject himself to identification by any person or persons in such manner as the Court maydeem fit:]

²[Provided that, if the person identifying the person arrested is mentally or physically disabled, such process ofidentification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps toensure that such person identifies the person arrested using methods that person is comfortable with:

Provided further that if the person identifying the person arrested is mentally or physically disabled, theidentification process shall be videographed.]1. Ins. by Act 25 of 2005, s. 11 (w.e.f. 23-6-2006).

2. Ins. by Act 13 of 2013, s. 12 (w.e.f. 3-2-2013).

(1) When any officer incharge of a police station or any police officer making an investigation under Chapter XII requires any officersubordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully bearrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifyingthe person to be arrested and the offence or other cause for which the arrest is to be made and the officer sorequired shall, before making the arrest, notify to the person to be arrested the substance of the order and, if sorequired by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.

1[55A. Health and safety of arrested person. It shall be the duty of the person having the custodyof an accused to take reasonable care of the health and safety of the accused.]

1. Ins. by Act 5 of 2009, s.9 (w.e.f. 31-12-2009)

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

No police officer shalldetain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place ofarrest to the Magistrate's Court.

Officers in charge of police stations shall report to the DistrictMagistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested withoutwarrant, within the limits of their respective stations, whether such persons have been admitted to bail orotherwise.

No person who has been arrested by a police officer shallbe discharged except on his own bond, or on bail, or under the special order of a Magistrate.

(1) If a person in lawful custody escapes or isrescued, the person from whose custody he escaped or was rescued may immediately pursue and arresthim in any place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the personmaking any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

1[60A. Arrest to be made strictly according to the Code. No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.]

1. Ins. by s.10, ibid. (w.e.f. 31-12-2009).

Every summons issued by a Court under this Code shall be in writing, induplicate, signed by the presiding officer of such Court or by such other officer as the High Court may,from time to time, by rule direct, and shall bear the seal of the Court.

(1) Every summons shall be served by a police officer, or subject tosuch rules as the State Government may make in this behalf, by an officer of the Court issuing it or otherpublic servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering ortendering to him one of the duplicates of the summons.

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign areceipt therefor on the back of the other duplicate.

Service of a summons on acorporation may be effected by serving it on the secretary, local manager or other principal officer of thecorporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India,in which case the service shall be deemed to have been effected when the letter would arrive in ordinary courseof post.

Explanation.--In this section, "corporation" means an incorporated company or other body corporate andincludes a society registered under the Societies Registration Act, 1860 (21 of 1860).

Where the person summoned cannot, by theexercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with someadult male member of his family residing with him, and the person with whom the summons is so left shall, if sorequired by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation.--A servant is not a member of the family within the meaning of this section.

If service cannot by the exercise of duediligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of theduplicates of the summons to some conspicuous part of the house or homestead in which the person summonedordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that thesummons has been duly served or order fresh service in such manner as it considers proper.

(1) Where the person summoned is in the active service of theGovernment, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in whichsuch person is employed; and such head shall thereupon cause the summons to be served in the manner provided bysection 62, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

When a Court desires that a summons issued by it shall beserved at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistratewithin whose local jurisdiction the person summoned resides, or is, to be there served.

(1) When a summons issued by aCourt is served outside its local jurisdiction, and in any case where the officer who has served a summons is notpresent at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons hasbeen served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 orsection 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible inevidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to theCourt.

(1) Notwithstanding anything contained in the precedingsections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with theissue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at theplace where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be madeby a postal employee that the witness refused to take delivery of the summons has been received, the Court issuingthe summons may declare that the summons has been duly served.

STATE AMENDMENT

Andaman and Nicobar Islands U.T.--

In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of theAndaman and Nicobar Islands and Lakshdeep,--

(a) in sub-section (1), after the words to be served by registered post the words or of the substancethereof to be served by wireless message" shall be inserted.

(b) in sub-section (2), for the words that the witness refused to take delivery of the summons the words or awireless messenger that the witness refused to take delivery of the summons or the message, as the ease maybe shall be substituted.

[Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2.]

(1) Every warrant of arrest issued by a Court under this Codeshall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it isexecuted.

(1) Any Court issuing a warrant for the arrest of any personmay in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficientsureties for his attendance before the Court at a specified time and thereafter until otherwise directed by theCourt, the officer to whom the warrant is directed shall take such security and shall release such person fromcustody.

(2) The endorsement shall state--

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectivelybound;

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward thebond to the Court.

(1) A warrant of arrest shall ordinarily be directed to one or more policeofficers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer isimmediately available, direct it to any other person or persons, and such person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one ormore of them.

(1) The Chief Judicial Magistrate or a Magistrate of the firstclass may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict,proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person forwhose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant tothe nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unlesssecurity is taken under section 71.

A warrant directed to any police officer may also be executed by anyother police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

The police officer or other person executing a warrant of arrestshall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

The police officer or other person executinga warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring theperson arrested before the Court before which he is required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for thejourney from the place of arrest to the Magistrate's Court.

A warrant of arrest may be executed at any place in India.

(1) When a warrant is to be executed outside thelocal jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer withinits jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police orCommissioner of Police within the local limits of whose jurisdiction it is to be executed; and the ExecutiveMagistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it tobe executed in the manner hereinbefore provided.

(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance ofthe information against the person to be arrested together with such documents, if any, as may be sufficient to enablethe Court acting under section 81 to decide whether bail should or should not be granted to the person.

(1) When a warrant directed to apolice officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take itfor endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge ofa police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficientauthority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if sorequired, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of theMagistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent suchexecution, the police officer to whom it is directed may execute the same without such endorsement in any placebeyond the local jurisdiction of the Court which issued it.

When a warrant of arrest is executedoutside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant iswithin thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendentof Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unlesssecurity is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

(1) The Executive Magistrateor District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the personintended by the Court which issued the warrant, direct his removal in custody to such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction ofsuch Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on thewarrant and such person is ready and willing to give the security required by such direction, the Magistrate, DistrictSuperintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to theCourt which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate(subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made onconsideration of the information and the documents referred to in sub-section (2) of section 78, to release suchperson on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71.

(1) If any Court has reason to believe (whether after takingevidence or not) that any person against whom a warrant has been issued by it has absconded or is concealinghimself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him toappear at a specified place and at a specified time not less than thirty days from the date of publishing suchproclamation.

(2) The proclamation shall be published as follows:--

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such personordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarilyresides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a dailynewspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was dulypublished on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidencethat the requirements of this section have been complied with, and that the proclamation was published on such day.

1[(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offencepunishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time requiredby the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offenderand make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court undersub-section (4) as they apply to the proclamation published under sub-section (1).]

1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006).

(1) The Court issuing a proclamation undersection 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, orderthe attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit orotherwise, that the person in relation to whom the proclamation is to be issued,--

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of theCourt,

it may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within thedistrict in which it is made; and it shall authorise the attachment of any property belonging to such personwithout such district when endorsed by the District Magistrate within whose district such property issituate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment underthis section shall be made--

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or toany one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in thecase of land paying revenue to the State Government, be made through the Collector of the district inwhich the land is situate, and in all other cases--

(a) by taking possession; or

(b) by the appointment of a receiver; or(c) by an order in writing prohibiting the payment of rent on delivery of property to theproclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Courtmay, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shallabide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same asthose of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

(1) If any claim is preferred to, or objection made to theattachment of, any property attached under section 83, within six months from the date of suchattachment, by any person other than the proclaimed person, on the ground that the claimant or objectorhas an interest in such property, and that such interest is not liable to attachment under section 83, theclaim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-sectionmay, in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which theorder of attachment is issued, or, if the claim or objection is in respect of property attached under an orderendorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the districtin which the attachment is made.

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make itover for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order undersub-section (1) may, within a period of one year from the date of such order, institute a suit to establishthe right which he claims in respect of the property in dispute; but subject to the result of such suit, if any,the order shall be conclusive.

(1) If the proclaimed person appearswithin the time specified in the proclamation, the Court shall make an order releasing the property fromthe attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, theproperty under the attachment shall be at the disposal of the State Government; but it shall not be solduntil the expiration of six months from the date of the attachment and until any claim preferred orobjection made under section 84 has been disposed of under that section, unless it is subject to speedy andnatural decay, or the Court considers that the sale would be for the benefit of the owner; in either of whichcases the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been atthe disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended andbrought before the Court by whose order the property was attached, or the Court to which such Court issubordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself forthe purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as toenable him to attend within the time specified therein, such property, or, if the same has been sold, thenet proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residueof the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, bedelivered to him.

Any personreferred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or theproceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences ofthe first-mentioned Court.

A Court may, in any case in which itis empowered by this Code to issue a summons for the appearance of any person, issue, after recording itsreasons in writing, a warrant for his arrest--

(a) if, either before the issue of such summons, or after the issue of the same but before the timefixed for his appearance, the Court sees reason to believe that he has absconded or will not obey thesummons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in timeto admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

When any person for whose appearance or arrest theofficer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, suchofficer may require such person to execute a bond, with or without sureties, for his appearance in suchCourt, or any other Court to which the case may be transferred for trial.

When any person who is bound by any bond takenunder this Code to appear before a Court, does not appear, the officer presiding in such Court may issue awarrant directing that such person be arrested and produced before him.

Theprovisions contained in this Chapter relating to a summons and warrant, and their issue, service andexecution, shall, so far as may be, apply to every summons and every warrant of arrest issued under thisCode.

(1) Whenever any Court or any officer incharge of a police station considers that the production of any document or other thing is necessary ordesirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by orbefore such Court or officer, such Court may issue a summons, or such officer a written order, to theperson in whose possession or power such document or thing is believed to be, requiring him to attendand produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall bedeemed to have complied with the requisition if he causes such document or thing to be produced insteadof attending personally to produce the same.

(3) Nothing in this section shall be deemed--

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the BankersBooks Evidence Act, 1891 (13 of 1891), or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custodyof the postal or telegraph authority.

(1) If any document, parcel or thing in the custody of apostal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Courtof Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceedingunder this Code, such Magistrate or Court may require the postal or telegraph authority, as the case maybe, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whetherExecutive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted forany such purpose, he may require the postal or telegraph authority, as the case may be, to cause search tobe made for and to detain such document, parcel or thing pending the order of a District Magistrate, ChiefJudicial Magistrate or Court under sub-section (1).

(1) (a) Where any Court has reason to believe that aperson to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 hasbeen, or might be, addressed, will not or would not produce the document or thing as required by suchsummons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or

(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under thisCode will be served by a general search or inspection, it may issue a search-warrant; and the person towhom such warrant is directed, may search or inspect in accordance therewith and the provisionshereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to whichonly the search or inspection shall extend; and the person charged with the execution of such warrantshall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate orChief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custodyof the postal or telegraph authority.

(1) If a DistrictMagistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after suchinquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolenproperty, or for the deposit, sale or production of any objectionable article to which this section applies, orthat any such objectionable article is deposited in any place, he may by warrant authorise any policeofficer above the rank of a constable--

(a) to enter, with such assistance as may be required, such place,

(b) to search the same in the manner specified in the warrant,

(c) to take possession of any property or article therein found which he reasonably suspects to bestolen property or objectionable article to which this section applies,

(d) to convey such property or article before a Magistrate, or to guard the same on the spot untilthe offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,

(e) to take into custody and carry before a Magistrate every person found in such place whoappears to have been privy to the deposit, sale or production of any such property or article knowingor having reasonable cause to suspect it to be stolen property or, as the case may be, objectionablearticle to which this section applies.

(2) The objectionable articles to which this section applies are--

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or broughtinto India in contravention of any notification for the time being in force under section 11 of theCustoms Act, 1962 (52 of 1962);

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a)to (f).

(1) Where--

(a) any newspaper, or book, or

(b) any document,

wherever printed, appears to the State Government to contain any matter the publication of which ispunishable under section 124A or section 153A or section 153B or section 292 or section 293 or section295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating thegrounds of its opinion, declare every copy of the issue of the newspaper containing such matter,and every copy of such book or other document to be forfeited to Government, and thereupon anypolice officer may seize the same wherever found in India and any Magistrate may by warrant authoriseany police officer not below the rank of sub-inspector to enter upon and search for the same in anypremises where any copy of such issue, or any such book or other document may be or may be reasonablysuspected to be.

(2) In this section and in section 96,--

(a) "newspaper" and "book" have the same meaning as in the Press and Registration of BooksAct, 1867 (25 of 1867);

(b) "document" includes any painting, drawing or photograph, or other visible representation.

(3) No order passed or action taken under this section shall be called in question in any Courtotherwise than in accordance with the provisions of section 96.

(1) Any person having anyinterest in any newspaper, book or other document, in respect of which a declaration of forfeiture hasbeen made under section 95, may, within two months from the date of publication in the Official Gazetteof such declaration, apply to the High Court to set aside such declaration on the ground that the issue ofthe newspaper, or the book or other document, in respect of which the declaration was made, did notcontain any such matter as is referred to in sub-section (1) of section 95.

(2) Every such application shall, where the High Court consists of three or more Judges, be heard anddetermined by a Special Bench of the High Court composed of three Judges and where the High Courtconsists of less than three Judges, such Special Bench shall be composed of all the Judges of that HighCourt.

(3) On the hearing of any such application with reference to any newspaper, any copy of suchnewspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs orvisible representations contained in such newspaper, in respect of which the declaration of forfeiture wasmade.

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or otherdocument, in respect of which the application has been made, contained any such matter as is referred toin sub-section (1) of section 95, set aside the declaration of forfeiture.

(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decisionshall be in accordance with the opinion of the majority of those Judges.

If any District Magistrate, Sub-divisional Magistrateor Magistrate of the first class has reason to believe that any person is confined under such circumstancesthat the confinement amounts to an offence, he may issue a search-warrant, and the person to whom suchwarrant is directed may search for the person so confined; and such search shall be made in accordancetherewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make suchorder as in the circumstances of the case seems proper.

Upon complaint made on oath of theabduction or unlawful detention of a woman, or a female child under the age of eighteen years for anyunlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class maymake an order for the immediate restoration of such woman to her liberty, or of such female child to herhusband, parent, guardian or other person having the lawful charge of such child, and may compelcompliance with such order, using such force as may be necessary.

The provisions of sections 38, 70, 72, 74, 77, 78 and 79shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 orsection 97.

(1) Whenever any place liable to search orinspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, ondemand of the officer or other person executing the warrant, and on production of the warrant, allow himfree ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrantmay proceed in the manner provided by sub-section (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his personany article for which search should be made, such person may be searched and if such person is awoman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall callupon two or more independent and respectable inhabitants of the locality in which the place to besearched is situate or of any other locality if no such inhabitant of the said locality is available or iswilling to be a witness to the search, to attend and witness the search and may issue an order in writing tothem or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of suchsearch and of the places in which they are respectively found shall be prepared by such officer or otherperson and signed by such witnesses; but no person witnessing a search under this section shall berequired to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, bepermitted to attend during the search, and a copy of the list prepared under this section, signed by the saidwitnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall beprepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a searchunder this section, when called upon to do so by an order in writing delivered or tendered to him, shall bedeemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).

When, in the execution of asearch-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of thethings for which search is made, are found, such things, together with the list of the same prepared underthe provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant,unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which casethe list and things shall be immediately taken before such Magistrate; and, unless there be good cause tothe contrary, such Magistrate shall make an order authorising them to be taken to such Court.

(1) Any police officer may seize anyproperty which may be alleged or suspected to have been stolen, or which may be found undercircumstances which create suspicion of the commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith reportthe seizure to that officer.

1[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to theMagistrate having jurisdiction and where the property seized is such that it cannot be convenientlytransported to the Court, 2[or where there is difficulty in securing proper accommodation for the custodyof such property, or where the continued retention of the property in police custody may not beconsidered necessary for the purpose of investigation], he may give custody thereof to any person on hisexecuting a bond undertaking to produce the property before the Court as and when required and to giveeffect to the further orders of the Court as to the disposal of the same:]

3[Provided that where the property seized under sub-section (1) is subject to speedy and natural decayand if the person entitled to the possession of such property is unknown or absent and the value of suchproperty is less than five hundred rupees, it may forthwith be sold by auction under the orders of theSuperintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may bepracticable, apply to the net proceeds of such sale.]

1. Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).

2. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006).

3. Added by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006).

Any Magistrate may direct a search to bemade in his presence of any place for the search of which he is competent to issue a search-warrant.

Any Court may, if it thinks fit, impound anydocument or thing produced before it under this Code.

(1) Where a Court in the territories to whichthis Code extends (hereafter in this section referred to as the said territories) desires that--

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or toproduce it, or

(d) a search-warrant,

1[issued by it shall be served or executed at any place,--

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories,it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer ofthat Court to be served or executed; and where any summons referred to in clause (a) or clause (c) hasbeen so served, the provisions of section 68 shall apply in relation to such summons as if thepresiding officer of the Court to whom it is sent were a Magistrate in the said territories;

(ii) in any country or place outside India in respect of which arrangements have been made by theCentral Government with the Government of such country or place for service or execution ofsummons or warrant in relation to criminal matters (hereafter in this section referred to as thecontracting State), it may send such summons or warrant in duplicate in such form, directed to suchCourt, Judge or Magistrate, and send to such authority for transmission, as the Central Governmentmay, by notification, specify in this behalf.]

(2) Where a Court in the said territories has received for service or execution--

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or toproduce it, or

(d) a search-warrant,

1[issued by--

(I) a Court in any State or area in India outside the said territories;

(II) a Court, Judge or Magistrate in a contracting State,

it shall cause the same to be served or executed] as if it were a summons or warrant received by it fromanother Court in the said territories for service or execution within its local jurisdiction; and where--

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with inaccordance with the procedure prescribed by sections 80 and 81,

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealtwith in accordance with the procedure prescribed by section 101:

2[Provided that in a case where a summons or search-warrant received from a contracting State has beenexecuted, the documents or things produced or things found in the search shall be forwarded to the Court issuing thesummons or search-warrant through such authority as the Central Government may, by notification, specify in thisbehalf.]

1. Subs. by Act 32 of 1988, s. 2, for certain words (w.e.f. 25-5-1988).

2. Ins. by Act 32 of 1988, s. 2 (w.e.f. 25-5-1988)

1[In this Chapter, unless the context otherwise requires,--

(a) "contracting State" means any country or place outside India in respect of which arrangements havebeen made by the Central Government with the Government of such country through a treaty or otherwise;

(b) "identifying" includes establishment of a proof that the property was derived from, or used in, thecommission of an offence;

(c) "proceeds of crime" means any property derived or obtained directly or indirectly, by any person as aresult of criminal activity (including crime involving currency transfers) or the value of any such property;

(d) "property" means property and assets of every description whether corporeal or incorporeal, movable orimmovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property orassets derived or used in the commission of an offence and includes property obtained through proceeds ofcrime;

(e) "tracing" means determining the nature, source, disposition, movement, title or ownership of property

1. Ins. by Act 40 of 1993, s. 2 (w.e.f. 20-7-1994)

(1) Where a Court in India, in relation to a criminalmatter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by itshall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to suchCourt, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in thisbehalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into anoffence, an application is made by the investigating officer or any officer superior in rank to the investigating officerthat the attendance of a person who is in any place in a contracting State is required in connection with suchinvestigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons orwarrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the CentralGovernment may, by notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any personrequiring him to attend or attend and produce a document or other thing in that Court or before any otherinvestigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if itis the warrant received by it from another Court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Courtin India or the Central Government may impose such conditions as that Court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in acontracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred toIndia are complied with and such prisoner shall be kept in such custody subject to such conditions as the CentralGovernment may direct in writing.

(1) Where aCourt in India has reasonable grounds to believe that any property obtained by any person is derived orobtained, directly or indirectly, by such person from the commission of an offence, it may make an orderof attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to105J (both inclusive).

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section(1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to aCourt or an authority in the contracting State for execution of such order.

(3) Where a letter of request is received by the Central Government from a Court or an authority in acontracting State requesting attachment or forfeiture of the property in India, derived or obtained, directlyor indirectly, by any person from the commission of an offence committed in that contracting State, theCentral Government may forward such letter of request to the Court, as it thinks fit, for execution inaccordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any otherlaw for the time being in force.

(1) The Court shall, under sub-section (1), or onreceipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below therank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respectof any person, place, property, assets, documents, books of account in any bank or public financialinstitutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officermentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

(1) Where any officer conducting an inquiry orinvestigation under section 105D has a reason to believe that any property in relation to which suchinquiry or investigation is being conducted is likely to be concealed transferred or dealt with in anymanner which will result in disposal of such property, he may make an order for seizing such propertyand where it is not practicable to seize such property, he may make an order of attachment directing thatsuch property shall not be transferred or otherwise dealt with, except with the prior permission of theofficer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by anorder of the said Court, within a period of thirty days of its being made.

(1) The Court mayappoint the District Magistrate of the area where the property is situated, or any other officer that may benominated by the District Magistrate, to perform the functions of an Administrator of such property.

(2) The Administrator appointed under sub-section (1) shall receive and manage the property inrelation to which the order has been made under sub-section (1) of section 105E or under section 105H insuch manner and subject to such conditions as may be specified by the Central Government.

(3) The Administrator shall also take such measures, as the Central Government may direct, todispose of the property which is forfeited to the Central Government.

(1) If as a result of the inquiry, investigation or surveyunder section 105D, the Court has reason to believe that all or any of such properties are proceeds ofcrime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling uponhim within a period of thirty days specified in the notice to indicate the source of income, earnings orassets, out of which or by means of which he has acquired such property, the evidence on which he reliesand other relevant information and particulars, and to show cause why all or any of such properties, as thecase may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalfof such person by any other person, a copy of the notice shall also be served upon such other person.

(1) The Court may, after considering theexplanation, if any, to the show-cause notice issued under section 105G and the material availablebefore it and after giving to the person affected (and in a case where the person affected holds anyproperty specified in the notice through any other person, to such other person also) a reasonableopportunity of being heard, by order, record a finding whether all or any of the properties in questionare proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any propertyspecified in the notice through any other person such other person also) does not appear before theCourt or represent his case before it within a period of thirty days specified in the show-cause notice,the Court may proceed to record a finding under this sub-section ex parte on the basis of evidenceavailable before it.

(2) Where the Court is satisfied that some of the properties referred to in the show-cause noticeare proceeds of crime but it is not possible to identify specifically such properties, then, it shall belawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crimeand record a finding accordingly under sub-section (1).

(3) Where the Court records a finding under this section to the effect that any property isproceeds of crime, such property shall stand forfeited to the Central Government free from allencumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under this section,then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956)or the articles of association of the company, forthwith register the Central Government as thetransferee of such shares.

(1) Where the Court makes a declaration that any propertystands forfeited to the Central Government under section 105H and it is a case where the source ofonly a part of such property has not been proved to the satisfaction of the Court, it shall make anorder giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the marketvalue of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected shall begiven a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such time as maybe allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section105H and thereupon such property shall stand released.

Where after the making of an order under subsection(1) of section 105E or the issue of a notice under section 105G, any property referred to in thesaid order or notice is transferred by any mode whatsoever such transfers shall, for the purposes ofthe proceedings under this Chapter, be ignored and if such property is subsequently forfeited to theCentral Government under section 105H, then, the transfer of such property shall be deemed to benull and void.

Every letter of request, summons or warrant,received by the Central Government from, and every letter of request, summons or warrant, to betransmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, asthe case may be, sent to the concerned Court in India in such form and in such manner as the CentralGovernment may, by notification, specify in this behalf.

The Central Government may, by notification in theOfficial Gazette, direct that the application of this Chapter in relation to a contracting State withwhich reciprocal arrangements have been made, shall be subject to such conditions, exceptions orqualifications as are specified in the said notification.]

(1) When a Court of Session or Court of a Magistrate ofthe first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offenceand is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at thetime of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peacefor such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are---

(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offencepunishable under section 153A or section 153B or section 154 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising itspowers of revision.

(1) When an Executive Magistrate receives informationthat any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful actthat may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there issufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show causewhy he should not be ordered to execute a bond 1[with or without sureties,] for keeping the peace for such period,not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place wherethe breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within suchjurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do anywrongful act as aforesaid beyond such jurisdiction.

1. Ins. by Act 45 of 1978, s. 11 (w.e.f. 18-12-1978).

(1) When 1[an ExecutiveMagistrate] receives information that there is within his local jurisdiction any person who, within or without suchjurisdiction,--

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminateor abets the dissemination of,--

(a) any matter the publication of which is punishable under section 124A or section 153A or section153B or section 295A of the Indian Penal Code (45 of 1860), or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official dutieswhich amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860),

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire,distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referredto in section 292 of the Indian Penal Code (45 of 1860),

and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the mannerhereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with orwithout sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of anypublication registered under, and edited, printed and published in conformity with, the rules laid down in the Pressand Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication exceptby the order or under the authority of the State Government or some officer empowered by the State Government inthis behalf.

1. Subs. by Act 63 of 1980, s. 2, for "a Judicial Magistrate of the first class" (w.e.f. 23-9-1980).

When 1[an Executive Magistrate] receivesinformation that there is within his local jurisdiction a person taking precautions to conceal his presence and thatthere is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, inthe manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond,with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

1. Subs. by Act 63 of 1980, s. 2, for "a Judicial Magistrate of the first class" (w.e.f. 23-9-1980).

When 1[an Executive Magistrate] receivesinformation that there is within his local jurisdiction a person who--

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping,abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian PenalCode (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach ofthe peace, or

(f) habitually commits, or attempts to commit, or abets the commission of---

(i) any offence under one or more of the following Acts, namely:---

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);

2[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);]

(c) the Employees Provident Fund 3[and Family Pension Fund] Act, 1952 (19 of 1952);

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(e) the Essential Commodities Act, 1955 (10 of 1955);

(f) the Untouchability (Offences) Act, 1955 (22 of 1955);

(g) the Customs Act, 1962 (52 of 1962); 4

5[(h) the Foreigners Act, 1946 (31 of 1946);] or

(ii) any offence punishable under any other law providing for the prevention of hoarding orprofiteering or of adulteration of food or drugs or of corruption, or

(g) is so desperate and dangerous to render his being at large without security hazardous to the community,such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not beordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as theMagistrate thinks fit.

1. Subs. by Act 63 of 1980, s. 2, for "a Judicial Magistrate of the first class" (w.e.f. 23-9-1980).

2. Subs. by Act 56 of 1974, s. 3 and the Second Sch., for item (b) (w.e.f. 10-1-1975).

3. Ins. by s. 3 and the Second Sch., ibid. (w.e.f. 10-1-1975).

4. The word "or" omitted by Act 25 of 2005, s. 14 (w.e.f. 23-6-2006).

5. Ins. by s. 14, ibid. (w.e.f. 23-6-2006).

When a Magistrate acting under section 107, section 108, section 109 or section 110,deems it necessary to require any person to show cause under such section, he shall make an order in writing, settingforth the substance of the information received, the amount of the bond to be executed, the term for which it is to bein force, and the number, character and class of sureties (if any) required.

If the person in respect of whom such order is madeis present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

If such person is not present in Court, theMagistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directingthe officer in whose custody he is to bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon otherinformation (the substance of which report or information shall be recorded by the Magistrate), that there is reasonto fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwisethan by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

Every summons or warrant issued under section113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by theofficer serving or executing such summons or warrant to the person served with, or arrested under, the same.

The Magistrate may, if he sees sufficient cause, dispensewith the personal attendance of any person called upon to show cause why he should not be ordered to execute abond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

(1) When an order under section 111 has been read or explainedunder section 112 to a person present in Court, or when any person appears or is brought before a Magistrate incompliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceedto inquire into the truth of the information upon which action has been taken, and to take such further evidence asmay appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed forconducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate,if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbanceof the public tranquillity or the commission of any offence or for the public safety, may, for reasons to berecorded in writing, direct the person in respect of whom the order under section 111 has been made to execute abond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of theinquiry, and may detain him in custody until such bond is executed or, in default of execution, until the i nquiry isconcluded:

Provided that--

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110shall be directed to execute a bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or thenumber thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in theorder under section 111.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerousas to render his being at large without security hazardous to the community may be proved by evidence of generalrepute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealtwithin the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of itscommencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry ofthe said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwisedirects:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against thatperson, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the SessionsJudge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it wasnot based on any special reason or was perverse.

If, upon such inquiry, it is proved that it is necessary for keeping the peace ormaintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made shouldexecute a bond, with or without sureties, the Magistrate shall make an order accordingly:

Provided that--

(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or fora period longer than, that specified in the order made under section 111;

(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall notbe excessive;

(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only byhis sureties.

If, on an inquiry under section 116, it is not proved that it isnecessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect ofwhom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect,and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not incustody, shall discharge him.

(1) If any person, in respect of whom anorder requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, orundergoing a sentence of, imprisonment, the period for which such security is required shall commence on theexpiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficientreason, fixes a later date.

The bond to be executed by any such person shall bind him to keep the peace or to beof good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetmentof, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

(1) A Magistrate may refuse to accept any surety offered, or may reject anysurety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfitperson for the purposes of the bond:

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiryon oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by aMagistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person bywhom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced beforehim.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before aMagistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit personfor the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such suretyand recording his reasons for so doing:

Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrateshall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear orto be brought before him.

(1) (a) If any person ordered to give security under section 106 orsection 117 does not give such security on or before the date on which the period for which such security is to begiven commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he isalready in prison, be detained in prison until such period expires or until within such period he gives the security tothe Court or Magistrate who made the order requiring it.

(b) If any person after having executed a 1[bond, with or without sureties] without sureties for keeping the peacein pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or hissuccessor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, afterrecording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of theperiod of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the saidperson may be liable in accordance with law.

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, suchMagistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detainedin prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be,before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information orevidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard,may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceedthree years.

(4) If security has been required in the course of the same proceeding from two or more persons in respectof any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shallalso include the case of any other of such persons who has been order to give security, and the provisions ofsub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (ifany) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) orsub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such AdditionalSessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section inrespect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Courtor Magistrate who made the order, and shall await the orders of such Court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been takenunder section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, berigorous or simple as the Court or Magistrate in each case directs.

1. Subs. by Act 25 of 2005, s. 15, for "bond without sureties" (w.e.f. 23-6-2006).

(1) Whenever 1[the DistrictMagistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief JudicialMagistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chaptermay be released without hazard to the community or to any other person, he may order such person to bedischarged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court orCourt of Session, or, where the order was made by any other Court, 2[District Magistrate, in the case of an orderpassed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may makean order reducing the amount of the security or the number of sureties or the time for which security has beenrequired.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or uponany conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person wasordered to give security has expired.

(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any person has been discharged is, in the opinion of 2[District Magistrate, in thecase of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any othercase] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may bearrested by any police officer without warrant, and shall thereupon be produced before the 2[District Magistrate, inthe case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in anyother case].

(7) Unless such person gives security in accordance with the terms of the original order for the unexpiredportion of the term for which he was in the first instance committed or ordered to be detained (such portion beingdeemed to be a period equal to the period between the date of the breach of the conditions of discharge and the dateon which, except for such conditional discharge, he would have been entitled to release), 2[District Magistrate, in thecase of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any othercase] may remand such person to prison to undergo such unexpired portion.

(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 122, bereleased at any time on giving security in accordance with the terms of the original order for the unexpired portionaforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancelany bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and³[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the ChiefJudicial Magistrate in any other case] may make such cancellation where such bond was executed under his order orunder the order of any other Court in his district.

(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond underthis Chapter may at any time apply to the Court making such order to cancel the bond and on such application beingmade, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bondappear or to be brought before it.

1. Subs. by Act 45 of 1978, s. 12, for the "Chief Judicial Magistrate" (w.e.f. 18-12-1978).

2. Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate" (w.e.f. 18-12-1978).

(1) When a person for whose appearance a summons or warranthas been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appearsor is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such personand shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the samedescription as the original security.

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an ordermade under section 106 or section 117, as the case may be.

(1) If any person having sufficient meansneglects or refuses to maintain--

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where suchchild is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthlyallowance for the maintenance of his wife or such child, father or mother, at such monthly rate 1 as suchMagistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make suchallowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, ifmarried, is not possessed of sufficient means:

2[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowancefor the maintenance under this sub-section, order such person to make a monthly allowance for the interimmaintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrateconsiders reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses ofproceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of theservice of notice of the application to such person.]

Explanation.--For the purposes of this Chapter,

(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) isdeemed not to have attained his majority;

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband andhas not remarried.

3[(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall bepayable from the date of the order, or, if so ordered, from the date of the application for maintenance or interimmaintenance and expenses of proceeding, as the case may be.]

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may,for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines,and may sentence such person, for the whole or any part of each months 4[allowance for the maintenance or theinterim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of thewarrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unlessapplication be made to the Court to levy such amount within a period of one year from the date on which it becamedue:

Provided further that if such person offers to maintain his wife on condition of her living with him, and sherefuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an orderunder this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.--If a husband has contracted marriage with another woman or keeps a mistress, it shall beconsidered to be just ground for his wifes refusal to live with him.

(4) No wife shall be entitled to receive an 5[allowance for the maintenance or the interim maintenance andexpenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if,without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutualconsent.

(5) On proof that any wife in whose favour an order has been made under this section in living in adultery, orthat without sufficient reason she refuses to live with her husband, or that they are living separately by mutualconsent.

STATE AMENDMENTS

Madhya Pradesh--

Amendment of Section 125.-- In sub-section (1) of section 125 of the Principal Act, for the words "fivehundred rupees" the words "three thousand rupees" shall be substituted.

[Vide Madhya Pradesh Act, 10 of 1998, s. 3.]

Madhya Pradesh

Amendment of Section 125.-- In section 125 of the principal Act,--

(i) for the marginal heading, the following marginal heading shall be substituted, namely:--

"Order for maintenance of wives, children, parents and grand parents."

(ii) In sub-section (1), --

(a) after clause (d), the following clause shall be inserted, namely: --

"(e) his grand father, grand mother unable to maintain himself or her self.";

(b) In the existing para, for the words "a Magistrate of the first class may, upon proof of such neglect orrefusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father ormother at such monthly rate not exceeding three thousand rupees in the whole, as such Magistrate thinks fit, andto pay the same to such person as the Magistrate may from time to time direct", the words a Magistrate of thefirst class may upon proof of such neglect or refusal, order such person to make a monthly allowance for themaintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as suchMagistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct" shall besubstituted;

(c) After the existing first proviso, the following proviso shall be inserted, namely:--

"Provided further that the relatives in clause (e) shall only be entitled to monthly allowance for maintenanceif their sons daughters are not alive and they are unable to maintain themselves."

[Vide Madhya Pradesh Act 15 of 2004, s. 3.]

West Bengal

In Sub-section (1) of section 125 of the Principal Act, --

(1) for the words "five hundred rupees", the words "one thousand and five hundred rupees" shall besubstituted;

(2) after the existing proviso, the following proviso shall be inserted:--

"Provided further that where in any proceeding under this section it appears to the Magistrate thatthe wife referred to in clause (a) or the minor child referred to in clause (b) or the child (not being amarried daughter) referred to in clause (c) or the father or the mother referred to in clause (d) is inneed of immediate relief for her or its or his support and the necessary expenses of the proceeding, theMagistrate may, on the application of the wife or the minor child or the child (not being a marrieddaughter) or the father or the mother, as the case may be, order the person against whom the allowancefor maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, theexpenses of the proceeding, and monthly during the proceeding such allowance as, having regard tothe income of such person, it may seem to the Magistrate to be reasonable.".

[Vide West Bengal Act, 25 of 1992, s. 4.]

West Bengal

In sub-section (1) of section 125 of the principal Act, as amended by the Code of Criminal Procedure(West Bengal Amendment) Act, 1992, the words "not exceeding one thousand and five hundred rupees"the proviso shall be omitted.

[Vide West Bengal Act 33 of 2001, s. 3.]

1. Certain words omitted by Act 50 of 2001, s. 2 (w.e.f. 24-9-2001).

2. Ins. by s. 2, ibid. (w.e.f. 24-9-2001).

3. Subs. by s. 2, ibid., for sub-section (2) (w.e.f. 24-9-2001).

4. Subs. by s. 2, ibid., for "allowance" (w.e.f. 24-9-2001)

5. Subs. by Act 50 of 2001, s. 2, for "allowance" (w.e.f. 24-9-2001).

(1) Proceedings under section 125 may be taken against any person in any district--

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order forpayment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presenceof his pleader, and shall be recorded in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenanceis proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate mayproceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on anapplication made within three months from the date thereof subject to such terms including terms as to payment ofcosts to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs asmay be just.

1[(1) On proof of a change in the circumstances of any person, receiving, undersection 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section topay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as thecase may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or theinterim maintenance, as the case may be.]

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, anyorder made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, varythe same accordingly.

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or hasobtained a divorce from, her husband, the Magistrate shall, if he is satisfied that--

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of herremarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the dateof the said order, the whole of the sum which, under any customary or personal law applicable to the parties,was payable on such divorce, cancel such order,--

(i) in the case where such sum was paid before such order, from the date on which such order wasmade;

(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has beenactually paid by the husband to the woman;

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rightsto 2[maintenance or interim maintenance, as the case may be,] after her divorce, cancel the order from the datethereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a3[monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paidunder section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, suchperson 3[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, inpursuance of] the said order.

STATE AMENDMENTS

Madhya Pradesh--

Amendment of section 127.--In sub-section (1) of section 127 of the principal Act, for the words"father or mother", the words "father, mother, grand father, grand mother" shall be substituted.

[Vide Madhya Pradesh Act 15 of 2004, s. 4.]

West Bengal

In the proviso to sub-section (1) of section 127 of the principal Act, for the words "five hundredrupees", the words "one thousand and five hundred rupees" shall be substituted.

[Vide West Bengal Act 14 of 1995, s. 3.]

West Bengal

In Sub-section (1) of section 127 of the principal Act, the proviso shall be omitted.

[Vide West Bengal Act 33 of 2001, s. 4.]

1. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 24-9-2001).

2. Subs. by Act 50 of 2001, s. 3., for "maintenance" (w.e.f. 24-9-2001).

3. Subs. by s. 3, ibid., for certain words (w.e.f. 24-9-2001).

A copy of the order of 1[maintenance or interim maintenanceand expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it ismade, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance forthe interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may beenforced by any Magistrate in any place where the person against whom it is made may be, on such Magistratebeing satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be,expenses, due].

1. Subs. by s. 4, ibid., for "maintenance" (w.e.f. 24-9-2001).

2. Subs. by s. 4, ibid., for "whom the allowance" (w.e.f. 24-9-2001).

3. Subs. by s. 4, ibid., for "allowance due" (w.e.f. 24-9-2001).

(1) Any Executive Magistrate or officer in charge of apolice station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector,may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of thepublic peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperseaccordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, itconducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or policeofficer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require theassistance of any male person, not being an officer or member of the armed forces and acting as such, for thepurpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, inorder to disperse such assembly or that they may be punished according to law.

(1) If any such assembly cannot be otherwise dispersed, andif it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank whois present may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forcesto disperse the assembly with the help of the armed forces under his command, and to arrest and confine suchpersons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order todisperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in sodoing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersingthe assembly and arresting and detaining such persons.

When the public security is manifestlyendangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned orgazetted officer of the armed forces may disperse such assembly with the help of the armed forces under hiscommand, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that theymay be punished according to law; but if, while he is acting under this section, it becomes practicable for him tocommunicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of theMagistrate, as to whether he shall or shall not continue such action.

(1) No prosecution againstany person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in anyCriminal Court except--

(a) with the sanction of the Central Government where such person is an officer or member of the armedforces;

(b) with the sanction of the State Government in any other case.

(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130;

(c) no officer of the armed forces acting under section 131 in good faith;

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,shall be deemed to have thereby committed an offence.

(3) In this section and in the preceding sections of this Chapter,--

(a) the expression "armed forces" means the military, naval and air forces, operating as land forces andincludes any other armed forces of the Union so operating;

(b) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officerof the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a noncommissionedofficer and a non-gazetted officer;

(c) "member", in relation to the armed forces, means a person in the armed forces other than an officer.

(1) Whenever a District Magistrate or a Sub-divisionalMagistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, onreceiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit,considers--

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way,river or channel which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious tothe health or physical comfort of the community, and that in consequence such trade or occupation should beprohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasionconfiguration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and therebycause injury to persons living or carrying on business in the neighbourhood or passing by, and that inconsequence the removal, repair or support of such building, tent or structure, or the removal or support of suchtree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in suchmanner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carryingon such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling suchbuilding, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within atime to be fixed in the order--

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade oroccupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as maybe directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order,

or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a timeand place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not bemade absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation.--A "public place" includes also property belonging to the State, camping grounds and groundsleft unoccupied for sanitary or recreative purposes.

(1) The order shall, if practicable, be served on the person againstwhom it is made, in the manner herein provided for service of a summons.

(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the StateGovernment may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest forconveying the information to such person.

The person against whom such order ismade shall--

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and show cause against the same.

If such person does not perform such act or appear and showcause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860),and the order shall be made absolute.

(1) Where an order is made under section 133 forthe purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place,the Magistrate shall, on the appearance before him of the person against whom the order was made, question him asto whether he denies the existence of any public right in respect of the way, river, channel or place, and if he doesso, the Magistrate shall, before proceeding under section 138, inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shallstay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if hefinds that there is no such evidence, he shall proceed as laid down in section 138.

(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existenceof a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliableevidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

(1) If the person against whom an order under section 133is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in asummons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as heconsiders necessary, is reasonable and proper, the order shall be made absolute without modification or, as the casemay be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

The Magistrate may,for the purposes of an inquiry under section 137 or section 138--

(a) direct a local investigation to be made by such person as he thinks fit; or

(b) summon and examine an expert.

(1) Where the Magistrate directs a localinvestigation by any person under section 139, the Magistrate may--

(a) furnish such person with such written instructions as may seem necessary for his guidance;

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall bepaid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct bywhom the costs of such summoning and examination shall be paid.

(1) When an order hasbeen made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the personagainst whom the order was made, and shall further require him to perform the act directed by the order within atime to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty providedby section 188 of the Indian Penal Code (45 of 1860).

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and mayrecover the costs of performing it, either by the sale of any building, goods or other property removed by his order,or by the distress and sale of any other movable property of such person within or without such Magistrates localjurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and salewhen endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

(1) If a Magistrate making an order under section 133 considers thatimmediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he mayissue such an injunction to the person against whom the order was made, as is required to obviate or preventsuch danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or causeto be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

A District Magistrate orSub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or theDistrict Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as definedin the Indian Penal Code (45 of 1860), or any special or local law.

(1) In cases where, inthe opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate speciallyempowered by the State Government in this behalf, there is sufficient ground for proceeding under this sectionand immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating thematerial facts of the case and served in the manner provided by section 134, direct any person to abstain from acertain act or to take certain order with respect to certain property in his possession or under his management,if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyanceor injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of thepublic tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do notadmit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in aparticular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that, if the State Government considers it necessary so to do for preventing danger to human life,health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by aMagistrate under this section shall remain in force for such further period not exceeding six months from thedate on which the order made by the Magistrate would have, but for such order, expired, as it may specify inthe said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescindor alter any order made under this section, by himself or any Magistrate subordinate to him or by hispredecessor-in-office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved,rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the StateGovernment, as the case may be, shall afford to the applicant an early opportunity of appearing before him orit, either in person or by pleader and showing cause against the order; and if the Magistrate or the StateGovernment, as the case may be, rejects the application wholly or in part, he or it shall record in writing thereasons for so doing.

(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon otherinformation that a dispute likely to cause a breach of the peace exists concerning any land or water orthe boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating thegrounds of his being so satisfied, and requiring the parties concerned in such dispute to attend hisCourt in person or by pleader, on a specified date and time, and to put in written statements of theirrespective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression "land or water" includes buildings, markets,fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by this Code for the service of asummons upon such person or persons as the Magistrate may direct, and at least one copy shall bepublished by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits or the claims of any of the partiesto a right to possess the subject of dispute, persue the statements so put in, hear the parties, receiveall such evidence as may be produced by them, take such further evidence, if any, as he thinksnecessary, and, if possible, decide whether any and which of the parties was, at the date of the ordermade by him under sub-section (1), in possession of the subject of dispute:

Provided that if it appears to the Magistrate that any party has been forcibly and wrongfullydispossessed within two months next before the date on which the report of a police officer or otherinformation was received by the Magistrate, or after that date and before the date of his order undersub-section (1), he may treat the party so dispossessed as if that party had been in possession on thedate of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other personinterested, from showing that no such dispute as aforesaid exists or has existed; and in such case theMagistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subjectto such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to subsection (4) be treated as being, in such possession of the said subject, he shall issue an orderdeclaring such party to be entitled to possession thereof until evicted therefrom in due course of law,and forbidding all disturbance of such possession until such eviction; and when he proceeds underthe proviso to sub-section (4), may restore to possession the party forcibly and wrongfullydispossessed.

(b) The order made under this sub-section shall be served and published in the manner laid downin sub-section (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legalrepresentative of the deceased party to be made a party to the proceeding and shall thereuponcontinue the inquiry, and if any question arises as to who the legal representative of a deceased partyfor the purposes of such proceeding is, all persons claiming to be representatives of the deceasedparty shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in aproceeding under this section pending before him, is subject to speedy and natural decay, he may make anorder for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make suchorder for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on theapplication of either party, issue a summons to any witness directing him to attend or to produce anydocument or thing.

(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate toproceed under section 107.

(1) If the Magistrate at any timeafter making the order under sub-section (1) of section 145 considers the case to be one of emergency, orif he decides that none of the parties was then in such possession as is referred to in section 145, or if he isunable to satisfy himself as to which of them was then in such possession of the subject of dispute, hemay attach the subject of dispute until a competent Court has determined the rights of the parties theretowith regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there isno longer any likelihood of breach of the peace with regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to suchsubject of dispute has been appointed by any Civil Court, make such arrangements as he considers properfor looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to thecontrol of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908(5 of 1908):

Provided that in the event of a receiver being subsequently appointed in relation to the subject ofdispute by any Civil Court, the Magistrate--

(a) shall order the receiver appointed by him to hand over the possession of the subject of disputeto the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed byhim;

(b) may make such other incidental or consequential orders as may be just.

(1) Whenever an Executive Magistrate issatisfied from the report of a police officer or upon other information, that a dispute likely to cause abreach of the peace exists regarding any alleged right of user of any land or water within his localjurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order inwriting, stating the grounds of his being so satisfied and requiring the parties concerned in suchdispute to attend his Court in person or by pleader on a specified date and time and to put in writtenstatements of their respective claims.

Explanation.--The expression "land or water" has the meaning given to it in sub-section (2) ofsection 145.

(2) The Magistrate shall then persue the statements so put in, hear the parties, receive all suchevidence as may be produced by them respectively, consider the effect of such evidence, take such furtherevidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and theprovisions of section 145 shall, so far as may be, apply in the case of such inquiry.

(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interferencewith the exercise of such right, including, in a proper case, an order for the removal of any obstruction in theexercise of any such right:

Provided that no such order shall be made where the right is exercisable at all times of the year, unless suchright has been exercised within three months next before the receipt under sub-section (1) of the report of a policeofficer or other information leading to the institution of the inquiry, or where the right is exercisable only atparticular seasons or on particular occasions, unless the right has been exercised during the last of such seasons oron the last of such occasions before such receipt.

(4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds that thedispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with theproceedings as if they had been commenced under sub-section (1);

and when in any proceedings commenced under sub-section (1) the magistrate finds that the dispute should be dealtwith under section 145, he may, after recording his reasons, continue with the proceedings as if they had beencommenced under sub-section (1) of section 145.

(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 orsection 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him tomake the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, andmay declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by anyother party to the proceeding, and whether in whole or in part or proportion and such costs may include anyexpenses incurred in respect of witnesses and of pleaders fees, which the Court may consider reasonable.

Every police officer may interpose for the purpose of preventing,and shall, to the best of his ability, prevent, the commission of any cognizable offence.

Every police officer receiving information of adesign to commit any cognizable offence shall communicate such information to the police officer to whom he issubordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any suchoffence.

(1) A police officer knowing of a design tocommit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person sodesigning, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-fourhours from the time of his arrest unless his further detention is required or authorised under any other provisions ofthis Code or of any other law for the time being in force.

A police officer may of his own authority interpose to preventany injury attempted to be committed in his view to any public property, movable or immovable, or the removal orinjury of any public landmark or buoy or other mark used for navigation.

(1) Any officer in charge of a police station may, without awarrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weightsor measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are insuch place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

(1) Every information relating to the commission of a cognizableoffence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under hisdirection, and be read over to the informant; and every such information, whether given in writing or reduced towriting as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book tobe kept by such officer in such form as the State Government may prescribe in this behalf:

1[Provided that if the information is given by the woman against whom an offence under section 326A,section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A,section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) isalleged to have been committed or attempted, then such information shall be recorded, by a woman police officer orany woman officer:

Provided further that--

(a) in the event that the person against whom an offence under section 354, section 354A, section 354B,section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376Eor section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, istemporarily or permanently mentally or physically disabled, then such information shall be recorded by a policeofficer, at the residence of the person seeking to report such offence or at a convenient place of such personschoice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a)of sub-section (5A) of section 164 as soon as possible.]

(2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record theinformation referred to in sub-section (1) may send the substance of such information, in writing and by post, to theSuperintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizableoffence, shall either investigate the case himself or direct an investigation to be made by any police officersubordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer incharge of the police station in relation to that offence.

STATE AMENDMENT

Chhattisgarh

In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to asthe Code) for the words and figure u201cor section 509u201d the words, figures, letters and punctuations, u201c section 509,section 509A or section 509Bu201d shall be substituted.

[Vide Chhattisgarh Act 25 of 2015, sec. 7.]

1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013).

(1) When information is given toan officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, heshall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as theState Government may prescribe in this behalf, and refer the informant to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power totry such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation(except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizablecase.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemedto be a cognizable case, notwithstanding that the other offences are non-cognizable.

(1) Any officer in charge of a police station may,without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local areawithin the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the groundthat the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

STATE AMENDMENT

Maharashtra--

Amendment of section 156.--In section 156 of the Code of Criminal Procedure, 1973, (2 of 1974) in itsapplication to the State of Maharashtra (hereinafter referred to as "the said Code"), after sub-section (3), thefollowing provisos shall be added, namely:--

"Provided that, no Magistrate shall order an investigation under this section against a person who is or was a publicservant as defined under any other law for the time being in force, in respect of the act done by such public servant whileacting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of theCode of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from thedate of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision withinthe said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioningauthority.".

[Vide Maharashtra Act 33 of 2016, s. 2.]

(1) If, from information received or otherwise, an officer in charge of apolice station has reason to suspect the commission of an offence which he is empowered under section 156 toinvestigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of suchoffence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not beingbelow such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, tothe spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discoveryand arrest of the offender:

Provided that--

(a) when information as to the commission of any such offence is given against any person by name andthe case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute asubordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering onan investigation, he shall not investigate the case.

1[Provided further that in relation to an offence of rape, the recording of statement of the victim shall beconducted at the residence of the victim or in the place of her choice and as far as practicable by a woman policeofficer in the presence of her parents or guardian or near relatives or social worker of the locality.]

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in chargeof the police station shall state in his report his reasons for not fully complying with the requirements of that subsection,and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to theinformant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigatethe case or cause it to be investigated.

1. Ins. by Act 5 of 2009, s.11 (w.e.f. 31-12-2009).

(1) Every report sent to a Magistrate under section 157 shall, if the StateGovernment so directs, be submitted through such superior officer of police as the State Government, by general orspecial order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit,and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Such Magistrate, on receiving such report, maydirect an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, tohold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.

(1) Any police officer making an investigationunder this Chapter may, by order in writing, require the attendance before himself of any person being within the limitsof his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with thefacts and circumstances of the case; and such person shall attend as so required:

Provided that no male person 1[under the age of fifteen years or above the age of sixty-five years or a woman ora mentally or physically disabled person] shall be required to attend at any place other than the place in which suchmale person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer ofthe reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

1. Subs. by Act 13 of 2013, s. 14, for "under the age of fifteen years or woman" (w.e.f. 3-2-2013).

(1) Any police officer making an investigation under this Chapter,or any police officer not below such rank as the State Government may, by general or special order, prescribe in thisbehalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with thefacts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer,other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penaltyor forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examinationunder this section; and if he does so, he shall make a separate and true record of the statement of each such personwhose statement he records.

1[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:]

2[Provided further that the statement of a woman against whom an offence under section 354, section 354A,section 354B, section 354C, section 354D, section 376, section 376A section 376B, section 376C, section 376D,section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attemptedshall be recorded, by a woman police officer or any woman officer.]

STATE AMENDMENT

Chhattisgarh--

The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso,namely: --

Provided further that statement of the woman against whom an offence under section 354, section 354A, section354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 509, section 509A or section 509B of the Indian Penal Code, is alleged to have beencommitted or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded byaudio-video means, as far as possible, and it shall be the duty of such police officer to take all such steps as arenecessary to protect the identity of the woman.

[Vide Chhattisgarh Act 25 of 2015, s. 8]

1. Ins. by Act 5 of 2009, s. 12 (w.e.f. 31-12-2009).

2. Ins. by Act 13 of 2013, s. 15 (w.e.f. 3-2-2013).

(1) No statement made by anyperson to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signedby the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise,or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trialin respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has beenreduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with thepermission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of theIndian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may alsobe used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in hiscross-examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) ofsection 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act.

Explanation.--An omission to state a fact or circumstance in the statement referred to in sub-section (1) mayamount to contradiction if the same appears to be significant and otherwise relevant having regard to the context inwhich such omission occurs and whether any omission amounts to a contradiction in the particular context shall be aquestion of fact.

(1) No police officer or other person in authority shall offer or make, orcause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the IndianEvidence Act, 1872 (1 of 1872).

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making inthe course of any investigation under this Chapter any statement which he may be disposed to make of his own freewill:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.

(1) Any Metropolitan Magistrate or Judicial Magistrate may,whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of aninvestigation under this Chapter or under any other law for the time being in force, or at any time afterwards beforethe commencement of the inquiry or trial:

1[Provided that any confession or statement made under this sub-section may also be recorded by audio-videoelectronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistratehas been conferred under any law for the time being in force.]

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is notbound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shallnot record any such confession unless, upon questioning the person making it, he has reason to believe that it isbeing made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is notwilling to make the confession, the Magistrate shall not authorise the detention of such person in police custody.

(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examinationof an accused person and shall be signed by the person making the confession; and the Magistrate shall make amemorandum at the foot of such record to the following effect:--

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession hemay make may be used as evidence against him and I believe that this confession was voluntarily made. It was takenin my presence and hearing, and was read over to the person making it and admitted by him to be correct, and itcontains a full and true account of the statement made by him.

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such mannerhereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to thecircumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement isso recorded.

2[(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, subsection(1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D, section 376Eor section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the personagainst whom such offence has been committed in the manner prescribed in sub-section (5), as soon as thecommission of the offence is brought to the notice of the police:

Provided that if the person making the statement is temporarily or permanently mentally or physically disabled,the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:

Provided further that if the person making the statement is temporarily or permanently mentally or physicallydisabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall bevideographed.

(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physicallydisabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the IndianEvidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement,without the need for recording the same at the time of trial.]

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate bywhom the case is to be inquired into or tried.

STATE AMENDMENT

Chhattisgarh

In clause (a) of sub-section (5A) of Section 164 of the Code, for the words and figures "or section509 the punctuation, words and figures, "section 376F, section 509, section 509A or section 509B" shallbe substituted.

[Vide Chhattisgarh Act 25 of 2015, s. 9]

Andaman and Nicobar Islands (U.T.).

After sub-section (1) of section 164 , the following sub-section shall be inserted, namely:---"(1A)Where; in any islands, there is no Judicial Magistrate for the time being, and the State Government is ofopinion that it is necessary and expedient so to do, that Government may, after consulting the High Court,specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferredby sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a JudicialMagistrate shall be construed as references to the Executive Magistrate so empowered.;

[VideAndaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]

1. Subs. by Act 5 of 2009, s.13 (w.e.f. 31-12-2009).

2. Ins by Act 13 of 2013, s. 16 (w.e.f. 13-3-2013).

1[164A. Medical examination of the victim of rape. (1) Where, during the stage when an offence ofcommitting rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman withwhom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, suchexamination shall be conducted by a registered medical practitioner employed in a hospital run by the Governmentor a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with theconsent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent tosuch registered medical practitioner within twenty-four hours from the time of receiving the information relating tothe commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her personand prepare a report of his examination giving the following particulars, namely:

(i) the name and address of the woman and of the person by whom she was brought;

(ii) the age of the woman;

(iii) the description of material taken from the person of the woman for DNA profiling;

(iv) marks of injury, if any, on the person of the woman;

(v) general mental condition of the woman; and

(vi) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give suchconsent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, without delay forward the report to the investigating officer whoshall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection(5) of that section.

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of thewoman or of any person competent to give such consent on her behalf.

Explanation.--For the purposes of this section, "examination" and "registered medical practitioner" shall havethe same meanings as in section 53.]

STATE AMENDMENTS

Chhattisgarh.

In Section 164A, except explanation clause, of the Code, for the words "registered medical practitioner", whereit occurs for the first time, the words "female registered medical practitioner" shall be substituted.

[Vide Chhattisgarh Act 25 of 2015 s. 10.]

1. Ins. by Act 25 of 2005, s. 17 (w.e.f. 23-6-2006).

(1) Whenever an officer in charge of a police station or a police officer makingan investigation has reasonable grounds for believing that anything necessary for the purposes of an investigationinto any offence which he is authorised to investigate may be found in any place within the limits of the policestation of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwiseobtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying insuch writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, forsuch thing in any place within the limits of such station.

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the searchpresent at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to himto make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to besearched, and so far as possible, the thing for which search is to be made; and such subordinate officer maythereupon search for such thing in such place.

(4) The provisions of this Code as to search-warrants and the general provisions as to searches contained insection 100 shall, so far as may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearestMagistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, onapplication, be furnished, free of cost, with a copy of the same by the Magistrate.

(1) An officerin charge of a police station or a police officer not being below the rank of sub-inspector making an investigationmay require an officer in charge of another police station, whether in the same or a different district, to cause asearch to be made in any place, in any case in which the former officer might cause such search to be made, withinthe limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shallforward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of anotherpolice station to cause a search to be made under sub-section (1) might result in evidence of the commission of anoffence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officermaking any investigation under this Chapter to search, or cause to be searched, any place in the limits of anotherpolice station in accordance with the provisions of section 165, as if such place were within the limits of his ownpolice station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officerin charge of the police station within the limits of which such place is situate, and shall also send with such notice acopy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to takecognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165.

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy ofany record sent to the Magistrate under sub-section (4).

1[166A. Letter of request to competent authority for investigation in a country or place outside India (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, anapplication is made by the investigating officer or any officer superior in rank to the investigating officer thatevidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to aCourt or an authority in that country or place competent to deal with such request to examine orally any personsupposed to be acquainted with the facts and circumstances of the case and to record his statement made in thecourse of such examination and also to require such person or any other person to produce any document or thingwhich may be in his possession pertaining to the case and to forward all the evidence so taken or collected or theauthenticated copies thereof or the thing so collected to the Court issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central Government may specify in thisbehalf.

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be theevidence collected during the course of investigation under this Chapter.]

1. Ins. by Act 10 of 1990, s. 2 (w.e.f. 19-12-1990)

¹[166B. Letter of request from a country or place outside India to a Court or an authority for investigationin India.(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside Indiacompetent to issue such letter in that country or place for the examination of any person or production of anydocument or thing in relation to an offence under investigation in that country or place, the Central Governmentmay, if it thinks fit--

(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or suchMetropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summonthe person before him and record his statement or cause the document or thing to be produced; or

(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence inthe same manner,

as if the offence had been committed within India.

(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing socollected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government fortransmission to the Court or the authority issuing the letter of request, in such manner as the Central Governmentmay deem fit.]

(1) Whenever any personis arrested and detained in custody, and it appears that the investigation cannot be completed within the period oftwenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded,the officer in charge of the police station or the police officer making the investigation, if he is not belowthe rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diaryhereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has notjurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as suchMagistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the caseor commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to aMagistrate having such jurisdiction:

Provided that--

1[(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of thepolice, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but noMagistrate shall authorise the detention of the accused person in custody under this paragraph for a total periodexceeding

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life orimprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence,and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall bereleased on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-sectionshall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

2[(b) no Magistrate shall authorise detention of the accused in custody of the police under this sectionunless the accused is produced before him in person for the first time and subsequently every time till theaccused remains in the custody of the police, but the Magistrate may extend further detention in judicial custodyon production of the accused either in person or through the medium of electronic video linkage;]

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shallauthorise detention in the custody of the police.

3[Explanation I.--For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of theperiod specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.]

4[Explanation II.--If any question arises whether an accused person was produced before the Magistrate asrequired under clause (b), the production of the accused person may be proved by his signature on the orderauthorising detention or by the order certified by the Magistrate as to production of the accused person through themedium of electronic video linkage, as the case may be.]

5[Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be inthe custody of a remand home or recognised social institution.]

6[(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of thepolice station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may,where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of aJudicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafterprescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, andthereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of theaccused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on theexpiry of the period of detention so authorised, the accused person shall be released on bail except where an orderfor further detention of the accused person has been made by a Magistrate competent to make such order; and,where no order for such further detention is made, the period during which the accused person was detained incustody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account incomputing the period specified in paragraph (a) of the proviso to sub-section (2):

Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearestJudicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case whichwas transmitted to him by the officer in charge of the police station or the police officer making the investigation, asthe case may be.]

(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons forso doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of hisorder, with his reasons for making it, to the Chief Judicial Magistrate.

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a periodof six months from the date on which the accused was arrested, the Magistrate shall make an order stopping furtherinvestigation into the offence unless the officer making the investigation satisfies the Magistrate that for specialreasons and in the interests of justice the continuation of the investigation beyond the period of six months isnecessary.

(6) Where any order stopping further investigation into an offence has been made under sub-section (5), theSessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into theoffence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be madeinto the offence subject to such directions with regard to bail and other matters as he may specify.

STATE AMENDMENTS

Gujarat--

In the proviso to sub-Section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to theState of Gujarat, --

(i) for paragraph (a), the following paragraph shall be substituted, namely: --

(a) the Magistrate may authorise detention of the accused person, otherwise than in the custody of the police,beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrateshall authorise the detention of the accused person in custody under this section for a total period exceeding--

(i) one hundred and twenty days, where the investigation relates to an offence punishable with death,imprisonment for life or imprisonment for a term of not less than ten years,

(ii) sixty days, where the investigation relates to any offence;

and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accusedperson shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under thissection shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

(ii) in paragraph (b), for the words "no Magistrate shall" the words "no Magistrate shall, except for reason tobe recorded in writing" shall be substituted;

(iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, thefollowing Explanation shall be inserted, namely: --

Explanation I. --For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the periodspecified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail.

Amendment to apply to pending investigation.--The provisions of section 167 of the Code of CriminalProcedure, 1973, as amended by this Act, shall apply to every investigation pending immediately before thecommencement of this Act, if the period of detention of the accused person, otherwise than in the custody of thepolice, authorised under that section, had not, at such commencement, exceeded sixty days.]

[Vide Gujarat Act 21 of 1976, s. 2 & 3]

Gujarat

In Section 167, in sub-section (2) : --

(1) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely: --

"(b) no Magistrate shall authorise further detention in any custody under this section unless--

(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and

(ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrateeither in person or through the medium of electronic video linkage, in accordance with the direction of theMagistrate.";

(2) in Explanation II, after the words " whether an accused person was produced before the Magistrate", thewords "in person or, as the case may be, through the medium of electronic video linkage" shall be inserted.

[Vide Gujarat Act 31 of 2003, s. 2.]

Chhattisgarh.

(1) In clause (b) of Sub-Section (2) of Section 167 of the principal Act, for the word "any" the word "police"shall be substituted..

(2) After clause (b) of sub-section (2) of Section 167 of the Principal Act, the following new sub-clause (bb)shall be added, namely:--.

"(bb) No magistrate shall authorise detention of the accused person other than in the custody of the police underthis section unless the accused is produced before him either in person of through the medium of electronic videolinkage and represented by his pleader in the Court.".

(3) In explanation II, after words "was produced" the word "from police custody" shall be added..

(4) After explanation II, the following new explanation shall be added:--.

"III. If any question arises whether an accused person was produced from otherwise than in the custody of thepolice in person or (as the case may be) through medium of electronic video linkage before the Magistrate asrequired under paragraph (bb), the production of the accused person may be proved by his or his pleader's signatureon the order authorising detention.".

[Vide Chhattisgarh Act 13 of 2006, sec. 3] .

Andaman and Nicobar Islands (U.T.)..

In section 167,--

(i) in sub-section (1) after the words "nearest Judicial Magistrate" the words "or, if there is noJudicial Magistrate in an island, to an Executive Magistrate functioning in that island" shall be inserted;

(ii) after sub-section (1), the following sub-section shall be inserted, namely:--

(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167to a Magistrate shall be construed as references to such Executive Magistrate;"

(iii) to sub-section (3), the following proviso shall be added, namely:--

"Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shallunless he is specially empowered in this behalf by the State Government, authorise detention in the custodyof the police."

(iv) to sub-section (4), the following proviso shall be added, namely:--

"Provided that, where such order is made by an Executive Magistrate, the Magistrate making the ordershall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he isimmediately subordinate."

[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]

Maharashtra

Amendment of section 167. -- In Section 167 of the Code of Criminal Procedure, 1973, (2 of 1974) inits application to the State of Maharashtra,--

(a) in sub-section (2) in the proviso, for paragraph (b), the following paragraph shall be substituted,namely:--

(b) no Magistrate shall authorise detention in any custody, of the accused person under this sectionunless, the accused person is produced before him in person, and for any extension of custodyotherwise than the extension in the police custody, the accused person may be produced either inperson or through the medium of electronic video linkage." ;

(b) in Explanation II, for the words "an accused person was produced", the words "an accused personwas produced in person or as the case may be, through the medium of electronic video linkage" shall besubstituted.

[Vide Maharashtra Act 8 of 2005, s. 2]

Madhya Pradesh

Amendment of Section 167.--In sub-section (2) of section 167 of the principal Act.-- (i) in theproviso, for paragraph (b), the following paragraph shall be substituted, namely: --

"(b) no magistrate shall authorise detention in any custody under this section unless the accused isproduced before him in person for the first time and subsequently every time till such time the accusedremains in the custody of police, but the Magistrate may extend further detention in judicial custody onproduction of accused either in person or through the medium of electronic video linkage;";

(ii) for Explanation II, the following Explanation shall be substituted, namely:--

"Explanation II.--If any question arise whether an accused person was produced before theMagistrate as required under paragraph (b), the production of the accused person may be proved by hissignature on the order authorising detention or by the order certified by the Magistrate as to productionof the accused person through the medium of electronic video linkage, as the case may be.".

[Vide Madhya Pradesh Act 2 of 2008, s. 3.]

West Bengal

In section 167 of the principal Act,--

(a) In Section 167 of sub-section (5), the following sub-section shall be substituted:--

(5) If, in respect of--

(i) any case triable by a Magistrate as a summons case, the investigation is not concluded withina period of six months, or

(ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of theIndian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or

(iii) any case other than those mentioned in clauses (i) and (ii), the investigation is notconcluded within a period of two years

from the date on which the accused was arrested or madehis appearance, the Magistrate shall make an order stopping further investigation into the offenceand shall discharge the accused unless the officer making the investigation satisfies the Magistratethat for special reasons and in the interests of justice the continuation of the investigation beyondthe periods mentioned in this sub-section is necessary.";

(b) in sub-section (6), after the "words any order stopping further investigation into an offence hasbeen made" the words "and the accused has been discharged" shall be inserted.

[Vide West Bengal Act 24 of 1988, s. 4.]

West Bengal

Amendment of section 167.--- In the proviso to sub-section (2) of section 167 of the principal Act, forclause (b), the following clause shall be substituted:--

"(b) no Magistrate shall authorize detention under this section--

(i) in the police custody, unless the accused is produced before him in person every time till theaccused is in police custody;

(ii) in the judicial custody, unless the accused is produced before him either in person or throughthe medium of electronic video linkage;".

[Vide West Bengal Act 20 of 2004, s. 3.]

Assam

In Section 167 of the Code:--

(a) in sub-section (i) the reference to "Judicial Magistrate" shall be construed as reference also toexecutive Magistrate;

(b) in sub-section (2):--

(i) for the word "Magistrate" at the first two places where that word is preceded by the definitearticle, the words "Judicial Magistrate or the Executive Magistrate, as the case may be," shall besubstituted;

(ii) for the word "Magistrate", at the place where that word is preceded by the indefinite article"a", the words and brackets "Magistrate (whether Judicial or Executive)" shall be substituted;

(iii) paragraph (c) of the proviso shall be omitted;

(c) Sub-section (2A) shall be omitted:--

(d) in sub-section (4), for the words "to the Chief Judicial Magistrate," the words "where suchMagistrate is a Judicial Magistrate, to the Chief Judicial Magistrate and where such Magistrate is anExecutive Magistrate to the Session Judge" shall be substituted.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Delhi

In its application to the State of Delhi, in section 167, in sub-section (2):--

(i) for clause (b), substitute the following clause, namely:--

"(b) no Magistrate shall authorise detention in any custody under this section unless the accused isproduced before him either in person or through the medium of electronic video linkage:

Provided that if the accused is in police custody, no Magistrate shall authorise his detention in anycustody unless the accused is produced before him in person;"

(ii) for the Explanation II thereunder, substitute the following Explanation, namely:--

"Explanation II.-- If any question arises whether an accused person was produced in person or, asthe case may be, through the medium of electronic video linkage before the magistrate as requiredunder paragraph (b), the production of the accused person may be proved by his signature on the orderauthorising his detention or by video recording of the proceedings, as the case may be.".

[Vide Delhi Act 4 of 2004, s. 2 (w.e.f. 16-8-2004).]

1. Subs. by Act 45 of 1978, s. 13, for paragraph (a) (w.e.f. 18-12-1978).

2. Subs. by Act 5 of 2009, s. 14, for cl. (b) (w.e.f. 31-12-2009)

3. Ins. by Act 45 of 1978, s. 13 (w.e.f. 18-12-1978).

4. Subs. by Act 5 of 2009, s.14, for Explanation II (w.e.f. 31-12-2009)

5. Ins. by Act 5 of 2009, s.14 (w.e.f. 31-12-2009).

6. Ins. by Act 45 of 1978, s.13 (w.e.f. 18-12-1978).

When any subordinate police officer has madeany investigation under this Chapter, he shall report the result of such investigation to the officer in charge of thepolice station.

If, upon an investigation under this Chapter, it appears tothe officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion tojustify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him onhis executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, beforea Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit himfor trial.

(1) If, upon an investigation under thisChapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable groundas aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizanceof the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable andthe accused is able to give security, shall take security from him for his appearance before such Magistrate on a dayfixed and for his attendance from day to day before such Magistrate until otherwise directed.

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes securityfor his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or otherarticle which it may be necessary to produce before him, and shall require the complainant (if any) and so many ofthe persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may thinknecessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (asthe case may be) in the matter of the charge against the accused.

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to includeany Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of suchreference is given to such complainant or persons.

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons whoexecuted it, and shall then send to the Magistrate the original with his report.

No complainant or witness on his way to any Court shall be required to accompany a police officer, orshall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearanceother than his own bond:

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, theofficer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custodyuntil he executes such bond, or until the hearing of the case is completed.

(1) Every police officer making an investigation under thisChapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which theinformation reached him, the time at which he began and closed his investigation, the place or places visited by him,and a statement of the circumstances ascertained through his investigation.

1[(1A) The statements of witnesses recorded during the course of investigation under section 161 shall beinserted in the case diary.

(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.]

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and mayuse such diaries, not as evidence in the case, but to aid it in such inquiry or trial.

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled tosee them merely because they are referred to by the Court; but, if they are used by the police officer who made themto refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisionsof section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.

1. Ins. by Act 5 of 2009, s.15 (w.e.f. 31-12-2009)

(1) Every investigation under this Chaptershall be completed without unnecessary delay.

1[(1A) The investigation in relation to rape of a child may be completed within three months from the date onwhich the information was recorded by the officer in charge of the police station.]

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrateempowered to take cognizance of the offence on a police report, a report in the form prescribed by the StateGovernment, stating

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under section 170.

2[(h) whether the report of medical examination of the woman has been attached where investigation relatesto an offence under section 376, 376A, 376B, 376C 3[376D or section 376E of the Indian Penal Code (45 of1860)].]

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, theaction taken by him, to the person, if any, by whom the information relating to the commission of the offence wasfirst given.

(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case inwhich the State Government by general or special order so directs, be submitted through that officer, and he may,pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the accused has been released on hisbond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to theMagistrate along with the report--

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than thosealready sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examineas its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter ofthe proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in thepublic interest, he shall indicate that part of the statement and append a note requesting the Magistrate to excludethat part from the copies to be granted to the accused and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accusedcopies of all or any of the documents referred to in sub-section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after areport under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer incharge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate afurther report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6)shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwardedunder sub-section (2).

1. Ins. by s. 16, ibid. (w.e.f. 31-12-2009).

2. Ins. by Act 5 of 2009, s. 16 (w.e.f. 31-12-2009).

3. Subs. by Act 13 of 2013, s. 17, for "or 376D of the Indian Penal Code (45 of 1860)" (w.e.f. 3-2-2013).

(1) When the officer in charge of a police station or someother police officer specially empowered by the State Government in that behalf receives information that a personhas committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has diedunder circumstances raising a reasonable suspicion that some other person has committed an offence, he shallimmediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unlessotherwise directed by any rule prescribed by the State Government, or by any general or special order of the Districtor Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in thepresence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up areport of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as maybe found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear tohave been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them asconcur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisionalMagistrate.

(3)1[When--

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in anycircumstances raising a reasonable suspicion that some other person committed an offence in relationto such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relativeof the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do,

he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body,with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointedin this behalf by the State Government, if the state of the weather and the distance admit of its being soforwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate orSub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by theState Government or the District Magistrate.

1. Subs. by Act 46 of 1983, s. 3, for certain words (w.e.f. 25-12-1983).

(1) A police officer proceeding under section 174 may, by orderin writing, summon two or more persons as aforesaid for the purpose of the said investigation, and anyother person who appears to be acquainted with the facts of the case and every person so summoned shallbe bound to attend and to answer truly all questions other than questions the answers to which would havea tendency to expose him to a criminal charge or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shallnot be required by the police officer to attend a Magistrate's Court.

(1)¹[² when the case is of the nature referredto in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to holdinquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate soempowered may hold an inquiry into the cause of death either instead of, or in addition to, theinvestigation held by the police officer; and if he does so, he shall have all the powers in conducting itwhich he would have in holding an inquiry into an offence.

³[(1A) Where,--

(a) any person dies or disappears, or

(b) rape is alleged to have been committed on any woman,

while such person or woman is in the custody of the police or in any other custody authorised by theMagistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, aninquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, withinwhose local jurisdiction the offence has been committed.]

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connectiontherewith in any manner hereinafter prescribed according to the circumstances of the case.

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of anyperson who has been already interred, in order to discover the cause of his death, the Magistrate maycause the body to be disinterred and examined.

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable,inform the relatives of the deceased whose names and addresses are known, and shall allow them toremain present at the inquiry.

³[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officerholding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-fourhours of the death of a person, forward the body with a view to its being examined to the nearest CivilSurgeon or other qualified medical person appointed in this behalf by the State Government, unless it isnot possible to do so for reasons to be recorded in writing.]

Explanation.--In this section, the expression relative means parents, children, brothers, sisters andspouse.1. Subs. by, s. 4, ibid., for certain words (w.e.f. 25-12-1983).

2. Certain words omitted by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006).

3. Ins. by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006).

Every offence shall ordinarily be inquired into and triedby a Court within whose local jurisdiction it was committed.

(a) When it is uncertain in which of several local areas an offencewas committed, or

(b) where an offence is committed partly in one local area and partly in another, or

(c) where an offence is a continuing one, and continues to be committed in more local areas thanone, or

(d) where it consists of several acts done in different local areas,

it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

When an act is an offence byreason of anything which has been done and of a consequence which has ensued, the offence may be inquired intoor tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

When an act is an offenceby reason of its relation to any other act which is also an offence or which would be an offence if the doer werecapable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whoselocal jurisdiction either act was done.

(1) Any offence of being a thug, or murder committed by athug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may beinquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person isfound.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whoselocal jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose localjurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed byany person committing it or by any person who received or retained such property knowing or having reason tobelieve it to be stolen property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by aCourt within whose local jurisdiction the offence was committed or any part of the property which is the subject ofthe offence was received or retained, or was required to be returned or accounted for, by the accused person.

(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Courtwithin whose local jurisdiction the offence was committed or the stolen property was possessed by any person whoreceived or retained it knowing or having reason to believe it to be stolen property.

(1) Any offence which includes cheating may, if the deception ispractised by means of letters or telecommunication messages, be inquired into or tried by any Court within whoselocal jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestlyinducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the propertywas delivered by the person deceived or was received by the accused person.

(2) Any offence punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may beinquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender lastresided with his or her spouse by the first marriage 1[, or the wife by the first marriage has taken up permanentresidence after the commission of the offence].

1.Ins. by Act 45 of 1978, s. 15 (w.e.f. 18.12.1978).

When an offence is committed whilst the person by oragainst whom, or the thing in respect of which, the offence is committed is in the course of performing a journey orvoyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person orthing passed in the course of that journey or voyage.

Where--

(a) the offences committed by any person are such that he may be charged with, and tried at one trial for,each such offence by virtue of the provisions of section 219, section 220 or section 221, or

(b) the offence or offences committed by several persons are such that they may be charged with and triedtogether by virtue of the provisions of section 223,

the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

Notwithstanding anything contained inthe preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committedfor trial in any district may be tried in any sessions division:

Provided that such direction is not repugnant to any direction previously issued by the High Court or theSupreme Court under the Constitution, or under this Code or any other law for the time being in force.

Where two ormore Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquireinto or try that offence, the question shall be decided

(a) if the Courts are subordinate to the same High Court, by that High Court;

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits ofwhose appellate criminal jurisdiction the proceedings were first commenced,

and thereupon all other proceedings in respect of that offence shall be discontinued.

(1) When aMagistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outsidesuch jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdictionbut is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as ifit had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided toappear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or,if such offence is not punishable with death or imprisonment for life and such person is ready and willing to givebail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for hisappearance before the Magistrate having such jurisdiction.

(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under thissection cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear,the case shall be reported for the orders of the High Court.

When an offence is committed outside India--

(a) by a citizen of India, whether on the high seas or elsewhere; or

(b) by a person, not being such citizen, on any ship or aircraft registered in India,

he may be dealt with in respect of such offence as if it had been committed at any place within India at which hemay be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shallbe inquired into or tried in India except with the previous sanction of the Central Government.

When any offence alleged to havebeen committed in a territory outside India is being inquired into or tried under the provisions of section 188, theCentral Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before aJudicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territoryshall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issuea commission for taking evidence as to the matters to which such depositions or exhibits relate.

(1) Subject to the provisions of this Chapter, any Magistrate ofthe first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), maytake cognizance of any offence--

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, thatsuch offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance undersub-section (1) of such offences as are within his competence to inquire into or try.

STATE AMENDMENTS

Maharashtra

Amendment of section 190.-- In section 190 of the said Code, in sub-section (1), after clause (c), followingprovisos shall be added, namely:--

"Provided that, no Magistrate shall take cognizance of any offence alleged to have been committed by anyperson who is or was a public servant as defined under any other law for the time being in force, while acting orpurporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the dateof the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within thesaid stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioningauthority.".

[Vide Maharashtra Act 33 of 2016, s. 3.]

Assam

In Section 190 of the Code, in sub-section (1), after the words "any Magistrate of the first class the words"any Executive Magistrate" shall be inserted;

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

When a Magistrate takes cognizance of an offence underclause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he isentitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, ifthere be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall betransferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

STATE AMENDMENT

Assam

In Section 191 of the Code, the reference to "Chief Judicial Magistrate" Shall, in relation to an offence takencognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

(1) Any Chief Judicial Magistrate may, after taking cognizance ofan offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after takingcognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the ChiefJudicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry ortrial.

STATE AMENDMENT

Assam

In Section 192 of the Code:--

(i) in sub-section (1), after the word "Any" the words "District Magistrate" shall be inserted;

(ii) sub-section (2) shall be substituted as follows:--

(2) Any Sub-divisional Magistrate or Magistrate of the first class empowered in this behalf by DistrictMagistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, makeover the case for enquiry or trial to such other competent Magistrate as the District Magistrate or Chief JudicialMagistrate may, by general or special order, specify, and thereupon such Magistrate may hold the enquiry ortrail.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Except as otherwise expressly provided by this Code orby any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court oforiginal jurisdiction unless the case has been committed to it by a Magistrate under this Code.

As Additional SessionsJudge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general orspecial order, make over to him for trial or as the High Court may, by special order, direct him to try.

(1) No Court shall take cognizance--

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, (45 of1860), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence,

except on the complaint in writing of the public servant concerned or of some other public servant to whom he isadministratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860),namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offenceis alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, ofthe said Code, when such offence is alleged to have been committed in respect of a document produced or givenin evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specifiedin sub-clause (i) or sub-clause (ii),

1[except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise inwriting in this behalf, or of some other Court to which that Court is subordinate.]

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority towhich he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order tothe Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes atribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for thepurposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court towhich appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a CivilCourt from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdictionwithin whose local jurisdiction such Civil Court is situate:

Provided that--

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Courtto which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinateto the Civil or Revenue Court according to the nature of the case or proceeding in connection with which theoffence is alleged to have been committed.

1. Subs. by Act 2 of 2006, s. 3, for certain words (w.e.f. 16-4-2006).

1[A witness or any other person may file acomplaint in relation to an offence under section 195A of the Indian Penal Code (45 of 1860).]

1. Ins. by Act 5 of 2009, s.17 (w.e.f. 31-12-2009).

(1)No Court shall take cognizance of--

(a) any offence punishable under Chapter VI or under section 153A,1[section 295A or sub-section (1) ofsection 505] of the Indian Penal Code (45 of 1860), or

(b) a criminal conspiracy to commit such offence, or

(c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860),

except with the previous sanction of the Central Government or of the State Government.

2[(1A) No Court shall take cognizance of

(a) any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of theIndian Penal Code (45 of 1860), or

(b) a criminal conspiracy to commit such offence,

except with the previous sanction of the Central Government or of the State Government or of the DistrictMagistrate.]

(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B ofthe Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit 3[an offence] punishable with death,imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government orthe District Magistrate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no suchconsent shall be necessary.

(3) The Central Government or the State Government may, before according sanction 4[under sub-section (1)or sub-section (1A)] and the District Magistrate may, before according sanction under sub-section (1A) and theState Government or the District Magistrate may, before giving consent under sub-section (2), order a preliminaryinvestigation by a police officer not being below the rank of Inspector, in which case such police officer shall havethe powers referred to in sub-section (3) of section 155.

1. Subs. by Act 63 of 1980, s. 3, for "section 153B, section 295A or section 505" (w.e.f. 23-9-1980).

2. Ins. by s. 3, ibid. (w.e.f. 23-9-1980).

3. Subs. by Act 45 of 1978, s. 16, for "a cognizable offence" (w.e.f. 18-12-1978).

4. Subs. by Act 63 of 1980, s. 3, for "under sub-section" (1) (w.e.f. 23-9-1980).

(1) When any person who is or was a Judge or Magistrateor a public servant not removable from his office save by or with the sanction of the Government is accused of anyoffence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty,no Court shall take cognizance of such offence except with the previous sanction 1[save as otherwise provided in theLokpal and Lokayuktas Act, 2013 (1 of 2014)]--

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of thealleged offence employed, in connection with the affairs of the Union, of the Central Government;

(b) in the case of a person who is employed or, as the case may be, was at the time of commission of thealleged offence employed, in connection with the affairs of a State, of the State Government:

2[Provided that where the alleged offence was committed by a person referred to in clause (b) during the periodwhile a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) willapply as if for the expression "State Government" occurring therein, the expression "Central Government" weresubstituted.]

3[Explanation.--For the removal of doubts it is hereby declared that no sanction shall be required in case of apublic servant accused of any offence alleged to have been committed under section 166A, section 166B,section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376,section 376A, section 376C, section 376D or section 509 of the Indian Penal Code (45 of 1860).]

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of theArmed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with theprevious sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to suchclass or category of the members of the Forces charged with the maintenance of public order as may be specifiedtherein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for theexpression "Central Government" occurring therein, the expression "State Government" were substituted.

4[(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence,alleged to have been committed by any member of the Forces charged with the maintenance of public order in aState while acting or purporting to act in the discharge of his official duty during the period while a Proclamationissued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction ofthe Central Government.

(3B) Notwithstanding anything to the Contrary contained in this Code or any other law, it is hereby declared that anysanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the periodcommencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Codeof Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to anoffence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 ofthe Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in suchmatter to accord sanction and for the court to take cognizance thereon.]

(4) The Central Government or the State Government, as the case may be, may determine the person by whom,the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or publicservant is to be conducted, and may specify the Court before which the trial is to be held.

STATE AMENDMENT

Tripura. --

Insertion of a new Section 197(IA).--In the Code of Criminal Procedure, 1973, in section 197 aftersub-section (I) the following sub-section shall be inserted, only for application in the State of Tripura,namely:--

"(IA) When as per provision of any relevant law for the time being in force a public servant referredto in Sub-Section (1) (b) is directly appointed, transferred or posted by the State Government in any localor other authorities including a Government Company, Corporation or Public Sector Undertaking, heshall be deemed to be employed in connection with the affairs of the State and no Court shall takecognizance of any offence as referred to in Sub-Section (I) without previous sanction of the StateGovernment.

[Vide Tripura Act 6 of 2003, s. 2]

Assam.--

In Section 197 of the Code. --

(a) in sub-section (1), for the words "in the discharge of" the words "in or in connection withthe discharge of" shall be substituted;

(b) in sub-section (2), for the words "in the discharge of the words in or in connection withthe discharge of" shall be substituted;

(c) after sub-section (4), the fallowing subsections shall be inserted, namely: --

(5) Notwithstanding anything contained in this Code,--

(a) where a complaint is made to a Court against a public servant belonging to any class orcategory specified under sub-section (3) alleging that he has committed an offence, the Court shallpostpone the issue of process against the accused and make a reference to the State Government; or

(b) where an accused, either by himself or through a pleader, claims before a Court that hebelongs to any class or category specified under sub-section (3) and that the offence alleged to havebeen committed by him arose out of any action taken by him while acting or purporting to act in orin connection with the discharge of his official duty, the Court shall forthwith stay furtherproceedings and make a reference to the State Government.

(6) (i) Where a reference is received from a Court under sub-section (5), the State Governmentshall issue a certificate to the Court that the accused person was or was not acting or purporting to actin, or in connection with the discharge of his official duty.

(ii) If the State Government certifies that the accused was acting or purporting to act in or inconnection with the discharge of his official duty, the Court shall dismiss the complaint ordischarge the accused:

Provided that the complainant may, within sixty days from the date of the issue of suchcertificate prefer an appeal to the High Court against the Certificate:

Provided further that the High Court may entertain the appeal after the expiry of the said periodof sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferringthe appeal within the said period.

(iii) If the State Government certifies that the accused was not acting or purporting to act in or inconnection with, the discharge of his official duty, the Court may proceed further with thecomplaint in accordance with the provisions of this Code.

(7) The provisions of sub-sections (5) and (6) shall apply to all proceedings pending on the date ofcommencement of this Act in respect of which a Court had taken cognizance of an offence inaccordance with the provisions of this Code.

[Vide Assam Act 3 of 1984, s. 4.]

1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).

2. Added by Act 43 of 1991, s. 2 (w.e.f. 2-5-1991).

3. Explanation ins. by Act 13 of 2013, s. 18 (w.e.f. 3-2-2013).

4. Ins. by Act 43 of 1991, s. 2 (w.e.f. 2-5-1991).

(1) No Court shall take cognizance of an offencepunishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some personaggrieved by the offence:

Provided that--

(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness orinfirmity unable to make a complaint, or is a woman who, according to the local customs and manners, oughtnot to be compelled to appear in public, some other person may, with the leave of the Court, make a complainton his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union underconditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence toenable him to make a complaint in person, some other person authorised by the husband in accordance with theprovisions of sub-section (4) may make a complaint on his behalf;

(c) where the person aggrieved by an offence punishable under 1[section 494 or section 495] of the IndianPenal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister,son or daughter or by her father's or mother's brother or sister 2[, or, with the leave of the Court, by any otherperson related to her by blood, marriage or adoption.]

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to beaggrieved by any offence punishable under section 497 or section 498 of the said Code:

Provided that in the absence of the husband, some person who had care of the woman on his behalf at the timewhen such offence was committed may, with the leave of the Court, make a complaint on his behalf.

(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to bemade on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed ordeclared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfiedthat there is a guardian so appointed or declared, the Court shall, before granting the application for leave, causenotice to be given to such guardian and give him a reasonable opportunity of being heard.

(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall besigned or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of theallegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shallbe accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making acomplaint in person cannot for the time being be granted to the husband.

(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4),and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, bepresumed to be genuine and shall be received in evidence.

(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860),where such offence consists of sexual intercourse by a man with his own wife, the wife being under 3[eighteen yearsof age], if more than one year has elapsed from the date of the commission of the offence.

(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to theoffence.

1. Subs. by Act 45 of 1978, s. 17, for "section 494" (w.e.f. 18-12-1978).

2. Ins. by s. 17, ibid. (w.e.f. 18-12-1978).

3. Subs. by Act 5 of 2009, s. 18, for "fifteen years of age" (w.e.f. 31-12-2009)

1[No Court shall takecognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) except upon a policereport of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence orby her father, mother, brother, sister or by her fathers or mothers brother or sister or, with the leave of the Court,by any other person related to her by blood, marriage or adoption.]

1. Ins. by Act 46 of 1983, s. 5 (w.e.f. 25-12-1983).

1[No Court shall take cognizance of an offence punishable under section 376Bof the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima faciesatisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife againstthe husband.]

1. Ins. by Act 13 of 2013, s. 19 (w.e.f. 3-2-2013).

(1) No Court shall take cognizance of an offence punishable under ChapterXXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:

Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sicknessor infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought notto be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his orher behalf.

(2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the IndianPenal Code (45 of 1860) is alleged to have been committed against a person who, at the time of such commission, isthe President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory ora Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection withthe affairs of the Union or of a State in respect of his conduct in the discharge of his public functions a Court ofSession may take cognizance of such offence, without the case being committed to it, upon a complaint in writingmade by the Public Prosecutor

(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offencealleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice tothe accused of the offence alleged to have been committed by him.

(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with theprevious sanction--

(a) of the State Government, in the case of a person who is or has been the Governor of that Stateor a Minister of that Government;

(b) of the State Government, in the case of any other public servant employed in connection withthe affairs of the State;

(c) of the Central Government, in any other case.

(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless thecomplaint is made within six months from the date on which the offence is alleged to have beencommitted.

(6) Nothing in this section shall affect the right of the person against whom the offence is alleged tohave been committed, to make a complaint in respect of that offence before a Magistrate havingjurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.

A Magistrate taking cognizance of an offence on complaintshall examine upon oath the complainant and the witnesses present, if any, and the substance of suchexamination shall be reduced to writing and shall be signed by the complainant and the witnesses, andalso by the Magistrate:

Provided that, when the complaint is made in writing, the Magistrate need not examine thecomplainant and the witnesses--

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Courthas made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate undersection 192:

Provided further that if the Magistrate makes over the case to another Magistrate under section 192after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

If the complaint ismade to a Magistrate who is not competent to take cognizance of the offence, he shall,--

(a) if the complaint is in writing, return it for presentation to the proper Court with anendorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

(1) Any Magistrate, on receipt of a complaint of an offenceof which he is authorised to take cognizance or which has been made over to him under section 192, may,if he thinks fit,1[and shall, in a case where the accused is residing at a place beyond the area in which heexercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into thecase himself or direct an investigation to be made by a police officer or by such other person as he thinksfit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,--

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by theCourt of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnessespresent (if any) have been examined on oath under section 200.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesseson oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively bythe Court of Session, he shall call upon the complainant to produce all his witnesses and examine them onoath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shallhave for that investigation all the powers conferred by this Code on an officer in charge of a police stationexcept the power to arrest without warrant.

1. Ins. by Act 25 of 2005, s. 19 (w.e.f. 23-6-2006).

If, after considering the statements on oath (if any) of thecomplainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202,the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss thecomplaint, and in every such case he shall briefly record his reasons for so doing.

(1) If in the opinion of a Magistrate taking cognizance of an offence there issufficient ground for proceeding, and the case appears to be--

(a) a summons-case, he shall issue his summons for the attendance of the accused, or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accusedto be brought or to appear at a certain time before such Magistrate or (if he has no jurisdictionhimself) some other Magistrate having jurisdiction.

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of theprosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issuedunder sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are payable, no processshall be issued until the fees are paid and, if such fees are not paid within a reasonable time, theMagistrate may dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 87.

(1) Whenever a Magistrateissues a summons, he may, if he sees reason so to do, dispense with the personal attendance of theaccused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of theproceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance inthe manner hereinbefore provided.

(1) If, in the opinion of a Magistrate taking cognizance of apetty offence, the case may be summarily disposed of under section 260 1[or section 261], the Magistrate shall,except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accusedrequiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires toplead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post orby messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if hedesires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, thepleader to plead guilty to the charge on his behalf and to pay the fine through such pleader:

Provided that the amount of the fine specified in such summons shall not exceed 2[one thousand rupees].

(2) For the purposes of this section, "petty offence" means any offence punishable only with fine notexceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act,1939 (4 of 1939)3, or under any other law which provides for convicting the accused person in his absence on aplea of guilty.

4[(3) The State Government may, by notification, specially empower any Magistrate to exercise the powersconferred by sub-section (1) in relation to any offence which is compoundable under section 320 or anyoffence punishable with imprisonment for a term not exceeding three months, or with fine, or with both wherethe Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition offine only would meet the ends of justice.]

1. Ins. by Act 25 of 2005, s. 20 (w.e.f. 23-6-2006).

2. Subs. by s. 20, ibid., for "one hundred rupees" (w.e.f. 23-6-2006).

3. Now the Motor Vehicles Act, 1988 (59 of 1988).

4. Ins. by Act 45 of 1978, s. 18 (w.e.f. 18-12-1978).

In any case where theproceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused,free of cost, a copy of each of the following:--

(i) the police report;

(ii) the first information report recorded under section 154;

(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecutionproposes to examine as its witnesses, excluding therefrom any part in regard to which a request for suchexclusion has been made by the police officer under sub-section (6) of section 173;

(iv) the confessions and statements, if any, recorded under section 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police reportunder sub-section (5) of section 173:

Provided that the Magistrate may, after perusing any such part of a statement as is referred to inclause (iii) and considering the reasons given by the police officer for the request, direct that a copy of thatpart of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to theaccused:

Provided further that if the Magistrate is satisfied that any document referred to in clause (v) isvoluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowedto inspect it either personally or through pleader in Court.

Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuingprocess under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shallwithout delay furnish to the accused, free of cost, a copy of each of the following:

(i) the statements recorded under section 200 or section 202, of all persons examined by theMagistrate;

(ii) the statements and confessions, if any, recorded under section 161 or section 164;

(iii) any documents produced before the Magistrate on which the prosecution proposes torely:

Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, insteadof furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it eitherpersonally or through pleader in Court.

When ina case instituted on a police report or otherwise, the accused appears or is brought before the Magistrateand it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall--

1[(a) commit, after complying with the provisions of section 207 or section 208, as the case maybe, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remandthe accused to custody until such commitment has been made;]

(b) subject to the provisions of this Code relating to bail, remand the accused to custody during,and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and articles, if any, which are tobe produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

STATE AMENDMENT

Gujarat

In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, forclause (a), the following clause shall be substituted, namely:--

"(a) Commit the case, after complying with the provisions of section 207 or section 208, as the casemay be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accusedto custody until such commitment has been made".

[Vide Gujarat Act 30 of 1976, s. 2.]

1. Subs. by Act 45 of 1978, s. 19, for cl. (a) (w.e.f. 18-12-1978)

(1) When in a case instituted otherwise than on a police report (hereinafterreferred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry ortrial held by him, that an investigation by the police is in progress in relation to the offence which is thesubject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiryor trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under section 173 and on such reportcognizance of any offence is taken by the Magistrate against any person who is an accused in thecomplaint case, the Magistrate shall inquire into or try together the complaint case and the case arising outof the police report as if both the cases were instituted on a police report.

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate doesnot take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, whichwas stayed by him, in accordance with the provisions of this Code.

(1) Every charge under this Code shall state the offence with which theaccused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described inthe charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definitionof the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall bementioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law toconstitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previousconviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it isintended to prove such previous conviction for the purpose of affecting the punishment which the Court may thinkfit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in thecharge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations

(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murdergiven in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptionsof the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall withinException 1, one or other of the three provisos to that exception applied to it.

(b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to Bby means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335of the said Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark.The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, orthat he used a false property-mark, without reference to the definitions, of those crimes contained in the Indian Penal Code(45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge.

(d) A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale ofproperty offered for sale by the lawful authority of a public servant. The charge should be in those words.

(1) The charge shall contain such particulars as to the timeand place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, itwas committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or othermovable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movableproperty in respect of which the offence is alleged to have been committed, and the dates between which the offenceis alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shallbe deemed to be a charge of one offence within the meaning of section 219:

Provided that the time included between the first and last of such dates shall not exceed one year.

When the nature of the case is such that theparticulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which heis charged, the charge shall also contain such particulars of the manner in which the alleged offence was committedas will be sufficient for that purpose.

Illustrations

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner inwhich the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of theevidence given by A which is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place.The charge must set out the manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which Amurdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out thedisobedience charged and the law infringed.

In every charge wordsused in describing an offence shall be deemed to have been used in the sense attached to them respectively by thelaw under which such offence is punishable.

No error in stating either the offence or the particulars required to be stated in thecharge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case asmaterial, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

Illustrations

(a) A is charged under section 242 of the Indian Penal Code (45 of 1860), with "having been in possession ofcounterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit", the word"fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall notbe regarded as material.

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set outincorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from thisthat the omission to set out the manner of the cheating is not material.

(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were manytransactions between A and B, and A had no means of knowing to which of them the charge referred, and offered nodefence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, amaterial error.

(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name wasHaidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, andhad heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may inferfrom these facts that A was not misled, and that the error in the charge was immaterial.

(e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest himfor that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder ofKhoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer fromthis that A was misled, and that the error was material.

(1) Any Court may alter or add to any charge at any time before judgment ispronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in theopinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Courtmay, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or addedcharge had been the original charge.

(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of theCourt, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn thetrial for such period as may be necessary.

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction isnecessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been alreadyobtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Whenever a charge is altered or added to by the Court afterthe commencement of the trial, the prosecutor and the accused shall be allowed

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who mayhave been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or theaccused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay orfor defeating the ends of justice;

(b) also to call any further witness whom the Court may think to be material.

(1) For every distinct offence of which any person is accusedthere shall be a separate charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinionthat such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of thecharges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.

Illustration

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged andseparately tried for the theft and causing grievous hurt.

(1) When a person is accused ofmore offences than one of the same kind committed within the space of twelve months from the first to the last ofsuch offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, anynumber of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under thesame section of the Indian Penal Code (45 of 1860) or of any special or local law:

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code(45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of thesaid Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall bedeemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

(1) If, in one series of acts so connected together as to form the sametransaction, more offences than one are committed by the same person, he may be charged with, and tried at one trialfor, every such offence.

(2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriationof property as provided in sub-section (2) of section 212 or in sub-section (1) of section 219, is accused ofcommitting, for the purpose of facilitating or concealing the commission of that offence or those offences, one ormore offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence.

(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in forcefor the time being by which offences are defined or punished, the person accused of them may be charged with, andtried at one trial for, each of such offences.

(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitutewhen combined a different offence, the person accused of them may be charged with, and tried at one trial for theoffence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

(5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860).

Illustrations to sub-section (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody Bwas. A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860).

(b) A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adulterywith B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian PenalCode (45 of 1860).

(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery withher. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code (45of 1860).

(d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose ofcommitting several forgeries punishable under section 466 of the Indian Penal Code (45 of 1860). A may be separatelycharged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code.

(e) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just orlawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no justor lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of theIndian Penal Code (45 of 1860).

(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no justor lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to beconvicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 211 and 194 ofthe Indian Penal Code (45 of 1860).

(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring inthe discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences undersections 147, 325 and 152 of the Indian Penal Code (45 of 1860).

(h) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may beseparately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code (45 of1860).

The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the same time.

Illustrations to sub-section (3)

(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sections352 and 323 of the Indian Penal Code (45 of 1860).

(j) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose ofconcealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and Bmay be separately charged with, and convicted of, offences under sections 411 and 414 of the Indian Penal Code (45 of1860).

(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence ofsuch exposure. A may be separately charged with, and convicted of, offences under sections 317 and 304 of the Indian PenalCode (45 of 1860).

(l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offenceunder section 167 of the Indian Penal Code (45 of 1860). A may be separately charged with, and convicted of, offencesunder sections 471 (read with section 466) and 196 of that Code.

Illustration to sub-section (4)

(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, andconvicted of, offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860).

(1) If a single act or series of acts is of such anature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may becharged with having committed all or any of such offences, and any number of such charges may be tried at once; orhe may be charged in the alternative with having committed some one of the said offences.

(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed adifferent offence for which he might have been charged under the provisions of sub-section (1), he may be convictedof the offence which he is shown to have committed, although he was not charged with it.

Illustrations

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust orcheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may becharged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating

(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach oftrust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as thecase may be), though he was not charged with such offence.

(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oaththat B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although itcannot be proved which of these contradictory statements was false.

(1) When a person is charged with an offenceconsisting of several particulars, a combination of some only of which constitutes a complete minor offence, andsuch combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence,though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he maybe convicted of the minor offence, although he is not charged with it.

(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offencealthough the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditionsrequisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Illustrations

(a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect ofproperty entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Codein respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trustunder the said section 406.

(b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves thathe acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

The following persons may be charged and tried together,namely:

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of section 219committed by them jointly within the period of twelve months;

(d) persons accused of different offences committed in the course of the same transaction;

(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation,and persons accused of receiving or retaining, or assisting in the disposal or concealment of, propertypossession of which is alleged to have been transferred by any such offence committed by the first-namedpersons, or of abetment of or attempting to commit any such last-named offence;

(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or eitherof those sections in respect of stolen property the possession of which has been transferred by one offence;

(g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating tocounterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or ofabetment of or attempting to commit any such offence; and the provisions contained in the former part of thisChapter shall, so far as may be, apply to all such charges:

Provided that where a number of persons are charged with separate offences and such persons do not fall withinany of the categories specified in this section, the 1[Magistrate or Court of Session] may, if such persons by anapplication in writing, so desire, and 2[if he or it is satisfied] that such persons would not be prejudicially affectedthereby, and it is expedient so to do, try all such persons together.

1. Subs. by Act 25 of 2005, s. 21, for "Magistrate" (w.e.f. 23-6-2006).

2. Subs. by s. 21, ibid., for certain words (w.e.f. 23-6-2006).

When a charge containingmore heads than one is framed against the same person, and when a conviction has been had on one or more ofthem, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw theremaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge orcharges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction beset aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceedwith the inquiry into, or trial of, the charge or charges so withdrawn.

In every trial before a Court of Session, the prosecutionshall be conducted by a Public Prosecutor.

When the accused appears or is brought before the Court in pursuance ofa commitment of the case under section 209, the prosecutor shall open his case by describing the charge broughtagainst the accused and stating by what evidence he proposes to prove the guilt of the accused.

If, upon consideration of the record of the case and the documents submitted therewith, andafter hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is notsufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for sodoing.

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion thatthere is ground for presuming that the accused has committed an offence which--

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, byorder, transfer the case for trial to the Chief Judicial Magistrate, 1[or any other Judicial Magistrate of the firstclass and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the JudicialMagistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] shall try the offence inaccordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read andexplained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims tobe tried.

STATE AMENDMENT

Chhattisgarh

In sub-section (2) of section 228 of the Principal Act, after the word "to the accused" the following shall beadded, namely: --

"present in person of through the medium of electronic video linkage and being represented by his pleader in theCourt."

[Vide Chhattisgarh Act 13 of 2006, s. 4.]

Karnataka

Amendment of section 228.-- In section 228 of the Code of Criminal Procedure, 1973 (Central Act 2of 1974), in sub-section (1), in clause (a), for the words u201cto the Chief Judicial Magistrate and thereuponthe Chief Judicial Magistrateu201d the words u201cto the Chief Judicial Magistrate or to any Judicial Magistratecompetent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial magistrate towhom the case may have been transferredu201d shall be substituted.

[Vide Karnataka Act 22 of 1994, s. 2.]

West Bengal

In section 228 of the said Code, in clause (a) of sub-section (1) of section 228, for the words "to theChief Judicial Magistrate, and thereupon the Chief Judicial Magistrateu201d the words "to the Chief JudicialMagistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief JudicialMagistrate or such other Judicial Magistrate to whom the case may have been transferredu201d shall besubstituted.

[Vide West Bengal Act 63 of 1978, s. 3.]

1. Subs. by Act 25 of 2005, s. 22, for certain words (w.e.f. 23-6-2006).

If the accused pleads guilty, the Judge shall record the plea and may, in hisdiscretion, convict him thereon.

If the accused refuses to plead, or does not plead, or claims to be tried oris not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on theapplication of the prosecution, issue any process for compelling the attendance of any witness or the production ofany document or other thing.

(1) On the date so fixed, the Judge shall proceed to take all such evidence asmay be produced in support of the prosecution.

(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any otherwitness or witnesses have been examined or recall any witness for further cross-examination.

If, after taking the evidence for the prosecution, examining the accused and hearing theprosecution and the defence on the point, the Judge considers that there is no evidence that the accused committedthe offence, the Judge shall record an order of acquittal.

(1) Where the accused is not acquitted under section 232, he shall be calledupon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or theproduction of any document or thing, the Judge shall issue such process unless he considers, for reasons to berecorded, that such application should be refused on the ground that it is made for the purpose of vexation or delayor for defeating the ends of justice.

When the examination of the witnesses (if any) for the defence is complete, the prosecutorshall sum up his case and the accused or his pleader shall be entitled to reply:

Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with thepermission of the Judge, make his submissions with regard to such point of law.

(1) After hearing arguments and points of law (if any), the Judgeshall give a judgment in the case.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions ofsection 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

In a case where a previous conviction is charged under the provisions ofsub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged inthe charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence inrespect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto norshall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until theaccused has been convicted under section 229 or section 235.

(1) A Court of Session taking cognizance of anoffence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial ofwarrant-cases instituted otherwise than on a police report before a Court of Magistrate:

Provided that the person against whom the offence is alleged to have been committed shall, unless the Court ofSession, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinksfit so to do.

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there wasno reasonable cause for making the accusation against them or any of them, it may, by its order of discharge oracquittal, direct the person against whom the offence was alleged to have been committed (other than the President,Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he shouldnot pay compensation to such accused or to each or any of such accused, when there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it issatisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make anorder that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by suchperson to the accused or to each or any of them.

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order,be exempted from any civil or criminal liability in respect of the complaint made under this section:

Provided that any amount paid to an accused person under this section shall be taken into account in awardingcompensation to such person in any subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, inso far as it relates to the payment of compensation, to the High Court.

(8) When an order for payment of compensation to an accused person is made, the compensation shall not bepaid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented,before the appeal has been decided.

When, in any warrant-case instituted on a police report, the accusedappears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself thathe has complied with the provisions of section 207.

If, upon considering the police report and the documents sent withit under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary andafter giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the chargeagainst the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

(1) If, upon such consideration, examination, if any, and hearing, the Magistrate isof opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter,which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shallframe in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guiltyof the offence charged or claims to be tried.

STATE AMENDMENT

Chhattisgarh

In sub-section (2) of section 240 of the Principal Act, after the word u201cto the accusedu201d the followingshall be added:--

"present either in person or through the medium of electronic video linkage in the presence of hispleader in the Court."

[Vide Chhattisgarh Act 13 of 2006, s. 5.]

If the accused pleads guilty, the Magistrate shall record the plea and may,in his discretion, convict him thereon.

(1) If the accused refuses to plead or does not plead, or claims to be tried orthe Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination ofwitnesses:

1[Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recordedduring investigation by the police.]

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnessesdirecting him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support ofthe prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any otherwitness or witnesses have been examined or recall any witness for further cross-examination.

1. Ins. by Act 5 of 2009, s.19 (w.e.f. 31-12-2009).

(1) The accused shall then be called upon to enter upon his defence and producehis evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process forcompelling the attendance of any witness for the purpose of examination or cross-examination, or the production ofany document or other thing, the Magistrate shall issue such process unless he considers that such application shouldbe refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice andsuch ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witnessbefore entering on his defence, the attendance of such witness shall not be compelled under this section, unless theMagistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that thereasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

(1) When, in any warrant-case instituted otherwise than on a police report,the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and takeall such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directinghim to attend or to produce any document or other thing.

(1) If, upon taking all the evidence referred to in section 244, theMagistrate considers, for reasons to be recorded, that no case against the accused has been made out which, ifunrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at anyprevious stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

STATE AMENDMENT

West Bengal

In section 245 of the principal Act, after sub-section (2), the following sub-section shall be inserted: --

"(3) If all the evidence referred to in section 244 are not produced in support of the prosecutionwithin four years from the date of appearance of the accused, the Magistrate shall discharge the accusedunless the prosecution satisfies the Magistrate that upon the evidence already produced and for specialreasons there is ground for presuming that it shall not be in the interest of justice to discharge theaccused.".

[Vide West Bengal Act 24 of 1988, s. 5.]

(1) If, when such evidence has been taken, or at anyprevious stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused hascommitted an offence triable under this Chapter, which such Magistrate is competent to try and which, in hisopinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guiltyor has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict himthereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convictedunder sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if theMagistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any,and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and reexamination(if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after crossexaminationand re-examination (if any), they shall also be discharged.

The accused shall then be called upon to enter upon his defence and produce hisevidence; and the provisions of section 243 shall apply to the case.

(1) If, in any case under this Chapter in which a charge has been framed, theMagistrate finds the accused not guilty, he shall record an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed inaccordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question ofsentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions ofsub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in thecharge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previousconviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead theretonor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and untilthe accused has been convicted under sub-section (2).

When the proceedings have been instituted upon complaint, and on any dayfixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not acognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at anytime before the charge has been framed, discharge the accused.

(1) If, in any case instituted upon complaintor upon information given to a police officer or to a Magistrate, one or more persons is or are accused before aMagistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges oracquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusationagainst them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whosecomplaint or information the accusation was made is present, call upon him forthwith to show cause why he shouldnot pay compensation to such accused or to each or any of such accused when there are more than one; or, if suchperson is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and ifhe is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded makean order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he maydetermine, be paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further orderthat, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for aperiod not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the IndianPenal Code (45 of 1860) shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such order, beexempted from any civil or criminal liability in respect of the complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be taken into account in awardingcompensation to such person in any subsequent civil suit relating to the same matter.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second classto pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informanthad been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject toappeal under sub-section (6), the compensation shall not be paid to him before the period allowed for thepresentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and wheresuch order is made in a case which is not so subject to appeal the compensation shall not be paid before theexpiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

When in a summons-case the accused appears or is broughtbefore the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall beasked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

STATE AMENDMENT

Chhattisgarh

In Section 251 of the Principal Act, after the word "bought before the Magistrate" the following shall beadded :--

"Or appears through the medium of electronic video linkage in the presence of his pleader in the Court".

[Vide Chhattisgarh Act 13 of 2006, s. 6]

If the accused pleads guilty, the Magistrate shall record the plea as nearlyas possible in the words used by the accused and may, in his discretion, convict him thereon.

(1) Where a summons has beenissued under section 206 and the accused desires to plead guilty to the charge without appearing before theMagistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also theamount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentencehim to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towardsthat fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, theMagistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion,convict the accused on such plea and sentence him as aforesaid.

(1) If the Magistrate does not convict the accused under section 252 orsection 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced insupport of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summonsto any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application require that the reasonableexpenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

(1) If the Magistrate, upon taking the evidence referred to in section 254 andsuch further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, heshall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, heshall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under thisChapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of thecomplaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

(1) If the summons has been issued on complaint, and onthe day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may beadjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained,acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution orwhere the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistratemay, dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance ofthe complainant is due to his death.

If a complainant, at any time before a final order is passed in any case underthis Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaintagainst the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit himto withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

In any summons-case instituted otherwise than uponcomplaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any otherJudicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncingany judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has beenrecorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall havethe effect of discharge.

When in the course of the trial of asummons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears tothe Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for thetrial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for thetrial of warrant-cases and may re-call any witness who may have been examined.

(1) Notwithstanding anything contained in this Code--

(a) any Chief Judicial Magistrate;

(b) any Metropolitan Magistrate;

(c) any Magistrate of the first class specially empowered in this behalf by the High Court,

may, if he thinks fit, try in a summary way all or any of the following offences:--

(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding twoyears;

(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where thevalue of the property stolen does not exceed 1[two thousand rupees];

(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), wherethe value of the property does not exceed 1[two thousand rupees];

(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code(45 of 1860), where the value of such property does not exceed 1[two thousand rupees];

(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);

(vi) insult with intent to provoke a breach of the peace, under section 504, and 2[criminal intimidationpunishable with imprisionment for a term which may extend to two years, or with fine, or with both], undersection 506 of the Indian Penal Code (45 of 1860);

(vii) abetment of any of the foregoing offences;

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of theCattle-trespass Act, 1871 (1 of 1871).

(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that itis undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined andproceed to re-hear the case in the manner provided by this Code.

1. Subs. by Act 25 of 2005, s. 23, for "two hundred rupees" (w.e.f. 23-6-2006).

2. Subs. by s. 23, ibid., for "criminal intimidation" (w.e.f. 23-6-2006)

The High Court may confer on any Magistrateinvested with the powers of a Magistrate of the second class power to try summarily any offence which ispunishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and anyabetment of or attempt to commit any such offence.

(1) In trials under this Chapter, the procedure specified in this Code forthe trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of anyconviction under this Chapter.

In every case tried summarily, the Magistrate shall enter, in such form as theState Government may direct, the following particulars, namely:--

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause(iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence hasbeen committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order;

(j) the date on which proceedings terminated.

In every case tried summarily in which the accused does not pleadguilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of thereasons for the finding.

(1) Every such record and judgment shall be written in thelanguage of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaidrecord or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and therecord or judgment so prepared shall be signed by such Magistrate.

1[265A. Application of the Chapter.(1) This Chapter shall apply in respect of an accused against whom--

(a) the report has been forwarded by the officer in charge of the police station under section 173 allegingtherein that an offence appears to have been committed by him other than an offence for which the punishmentof death or of imprisonment for life or of imprisonment for a term exceeding seven years has been providedunder the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which thepunishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has beenprovided under the law for the time being in force, and after examining complainant and witnesses undersection 200, issued the process under section 204,

but does not apply where such offence affects the socio-economic condition of the country or has been committedagainst a woman, or a child below the age of fourteen years.

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offencesunder the law for the time being in force which shall be the offences affecting the socio-economic condition of thecountry.]

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).

1[265B. Application for plea bargaining. (1) A person accused of an offence may file an application for pleabargaining in the Court in which such offence is pending for trial.

(2) The application under sub-section (1) shall contain a brief description of the case relating to which theapplication is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn bythe accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishmentprovided under the law for the offence, the plea bargaining in his case and that he has not previously been convictedby a Court in a case in which he had been charged with the same offence.

(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor orthe complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.

(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear onthe date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in thecase shall not be present, to satisfy itself that the accused has filed the application voluntarily and where

(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide timeto the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out amutually satisfactory disposition of the case which may include giving to the victim by the accused thecompensation and other expenses during the case and thereafter fix the date for further hearing of the case;

(b) the Court finds that the application has been filed involuntarily by the accused or he has previously beenconvicted by a Court in a case in which he had been charged with the same offence, it shall proceed further inaccordance with the provisions of this Code from the stage such application has been filed under sub-section (1).]

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).

¹[265C. Guidelines for mutually satisfactory disposition. In working out a mutually satisfactory dispositionunder clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:--

(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the policeofficer who has investigated the case, the accused and the victim of the case to participate in the meeting towork out a satisfactory disposition of the case:

Provided that throughout such process of working out a satisfactory disposition of the case, it shall be theduty of the Court to ensure that the entire process is completed voluntarily by the parties participating in themeeting:

Provided further that the accused, if he so desires, may participate in such meeting with his pleader, if any,engaged in the case;

(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and thevictim of the case to participate in a meeting to work out a satisfactory disposition of the case:

Provided that it shall be the duty of the Court to ensure, throughout such process of working out asatisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:

Provided further that if the victim of the case or the accused, as the case may be, so desires, he mayparticipate in such meeting with his pleader engaged in the case.]

1[265D. Report of the mutually satisfactory disposition to be submitted before the Court. Where in ameeting under section 265C, a satisfactory disposition of the case has been worked out, the Court shall preparea report of such disposition which shall be signed by the presiding officer of the Court and all other personswho participated in the meeting and if no such disposition has been worked out, the Court shall record suchobservation and proceed further in accordance with the provisions of this Code from the stage the application undersub-section (1) of section 265B has been filed in such case.]

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).

1[265E. Disposal of the case. Where a satisfactory disposition of the case has been worked out under section265D, the Court shall dispose of the case in the following manner, namely:--

(a) the Court shall award the compensation to the victim in accordance with the disposition under section265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of goodconduct or after admonition under section 360 or for dealing with the accused under the provisions of theProbation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow theprocedure specified in the succeeding clauses for imposing the punishment on the accused;

(b) after hearing the parties under clause (a), if the Court is of the view that section 360 or the provisions ofthe Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted inthe case of the accused, it may release the accused on probation or provide the benefit of any such law, as thecase may be;

(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has beenprovided under the law for the offence committed by the accused, it may sentence the accused to half of suchminimum punishment;

(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by theaccused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of thepunishment provided or extendable, as the case may be, for such offence.]

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).

¹[265F. Judgment of the Court. The Court shall deliver its judgment in terms of section 265E in the openCourt and the same shall be signed by the presiding officer of the Court.]

1[265G. Finality of the judgment. The judgment delivered by the Court under section 265G shall be final andno appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of theConstitution) shall lie in any Court against such judgment.]

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).

¹[265H. Power of the Court in plea bargaining. A Court shall have, for the purposes of discharging itsfunctions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating tothe disposal of a case in such Court under this Code.]

¹[265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment. The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused againstthe sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of theimprisonment under other provisions of this Code.]

¹[265J. Savings. The provisions of this Chapter shall have effect notwithstanding anything inconsistenttherewith contained in any other provisions of this Code and nothing in such other provisions shall be construed toconstrain the meaning of any provision of this Chapter.

Explanation.-- For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned toit under clause (u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25.]

¹[265K. Statements of accused not to be used. Notwithstanding anything contained in any law for the timebeing in force, the statements or facts stated by an accused in an application for plea bargaining filed under section265B shall not be used for any other purpose except for the purpose of this Chapter.]

¹[265L. Non-application of the Chapter.Nothing in this Chapter shall apply to any juvenile or child asdefined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).]

In this Chapter,--

(a) "detained" includes detained under any law providing for preventive detention;

(b) "prison" includes,--

(i) any place which has been declared by the State Government, by general or special order, to be asubsidiary jail;

(ii) any reformatory, Borstal institution or institution of a like nature.

(1) Whenever, in the course of an inquiry, trial orproceeding under this Code, it appears to a Criminal Court,--

(a) that a person confined or detained in a prison should be brought before the Court for answering to acharge of an offence, or for the purpose of any proceedings against him, or

(b) that it is necessary for the ends of justice to examine such person as a witness,

the Court may make an order requiring the officer in charge of the prison to produce such person before the Courtanswering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwardedto, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, towhom such Magistrate is subordinate.

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of thefacts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whomit is submitted may, after considering such statement, decline to countersign the order.

(1) The StateGovernment may, at any time, having regard to the matters specified in sub-section (2), by general or special order,direct that any person or class of persons shall not be removed from the prison in which he or they may be confinedor detained, and thereupon, so long as the order remains in force, no order made under section 267, whether beforeor after the order of the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-section (1), the State Government shall have regard to the followingmatters, namely:

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has beenordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to beremoved from the prison;

(c) the public interest, generally.

Where theperson in respect of whom an order is made under section 267

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complyingwith the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government under section 268 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court astatement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at a place not more thantwenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reasonmentioned in clause (b).

Subject to the provisions of section 269, the officer incharge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 and dulycountersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken tothe Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shallcause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him tobe taken back to the prison in which he was confined or detained.

The provisions of this Chapter shallbe without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as awitness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply inrelation to the examination on commission of any such person in the prison as they apply in relation to theexamination on commission of any other person.

The State Government may determine what shall be, for purposes of this Code, thelanguage of each Court within the State other than the High Court.

Except as otherwise expressly provided, all evidencetaken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when hispersonal attendance is dispensed with, in the presence of his pleader:

1[Provided that where the evidence of a woman below the age of eighteen years who is alleged to have beensubjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensurethat such woman is not confronted by the accused while at the same time ensuring the right of cross-examination ofthe accused.]

Explanation.---In this section, "accused" includes a person in relation to whom any proceeding underChapter VIII has been commenced under this Code.

STATE AMENDMENT

Gujarat

In the Code of Criminal Procedure, 1973 (hereinafter referred to as u201cthe principal Actu201d), in section 273, after thewords u201cin the presence of his pleaderu201d, the words u201cor, as the case may be, through the medium of Electronic VideoLinkage when the court on its own motion or on an application so directs in the interests of justiceu201d shall be added.

[Vide Gujarat Act 31 of 2017, sec. 2.]

1. Proviso ins. by Act 13 of 2013, s. 20 (w.e.f. 3-2-2013).

(1) In all summons-cases tried before a Magistrate, in allinquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in thecourse of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of thesubstance of the evidence in the language of the Court:

Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reasonof his inability, cause such memorandum to be made in writing or from his dictation in open Court.

(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.

(1) In all warrant-cases tried before a Magistrate, the evidence of each witnessshall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation inopen Court or, where he is unable to do so owing to a physical or other incapacity, under his direction andsuperintendence, by an officer of the Court appointed by him in this behalf:

1[Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronicmeans in the presence of the advocate of the person accused of the offence.]

(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidencecould not be taken down by himself for the reasons referred to in sub-section (1).

(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in hisdiscretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.

(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

1. Ins. by Act 5 of 2009, s. 20 (w.e.f. 31-12-2009)

(1) In all trials before a Court of Session, the evidence of eachwitness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by hisdictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him inthis behalf.

1[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, inhis discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.]

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

1. Subs. by Act 45 of 1978, s. 20, for sub-section (2) (w.e.f. 18-12-1978).

In every case where evidence is taken down under section 275 or276,---

(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;

(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, andif it is not practicable to do so, a true translation of the evidence in the language of the Court shall beprepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shallform part of the record;

(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a truetranslation thereof in the language of the Court shall be prepared as soon as practicable, signed by theMagistrate or presiding Judge, and shall form part of the record:

Provided that when under clause (b) evidence is taken down in English and a translation thereof in the languageof the Court is not required by any of the parties, the Court may dispense with such translation.

(1) As the evidence of each witness takenunder section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if inattendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, theMagistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of theobjection made to it by the witness and shall add such remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has been given and the witnessdoes not understand that language, the record shall be interpreted to him in the language in which it was given, or ina language which he understands.

STATE AMENDMENT

Gujarat

In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely:--

"(4) Nothing contained in sub-sections (1) to (3) shall apply when the evidence under section 273 is takenthrough the medium of Electronic Video Linkage.

(5) The evidence taken through the medium of Electronic Video Linkage in electronic from shall be theelectronic record within the meaning of clause (t) of section 2 of the Information Technology Act, 2000 (21 of2000)

[Vide Gujarat Act 31 of 2017, sec. 3.]

(1) Whenever any evidence is given in alanguage not understood by the accused, and he is present in Court in person, it shall be interpreted to him in openCourt in a language understood by him.

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, andnot understood by the pleader, it shall be interpreted to such pleader in that language.

(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court tointerpret as much thereof as appears necessary.

When a presiding Judge or Magistrate has recorded theevidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour ofsuch witness whilst under examination.

(1) Whenever the accused is examined by a MetropolitanMagistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in thelanguage of the Court and such memorandum shall be signed by the Magistrate and shall form part of therecord.

(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by aCourt of Session, the whole of such examination, including every question put to him and every answergiven by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unableto do so owing to a physical or other incapacity, under his direction and superintendence by an officer of theCourt appointed by him in this behalf.

(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is notpracticable, in the language of the Court.

(4) The record shall be shown or read to the accused, or, if he does not understand the language in which itis written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explainor add to his answers.

(5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certifyunder his own hand that the examination was taken in his presence and hearing and that the record contains afull and true account of the statement made by the accused.

(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the courseof a summary trial.

STATE AMENDMENT

Gujarat

In the principal Act, in section 281, in sub-section (6), after the words u201cthe examination of an accusedpersonu201d, the words u201ceither through the medium of Electronic Video Linkage oru201d shall be inserted.

[Vide Gujarat Act 31 of 2017, sec. 4.]

When the services of an interpreter are requiredby any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the trueinterpretation of such evidence or statement.

Every High Court may, by general rule, prescribe the manner in which theevidence of witnesses and the examination of the accused shall be taken down in cases coming before it, andsuch evidence and examination shall be taken down in accordance with such rule.

(1) Whenever, inthe course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate thatthe examination of a witness is necessary for the ends of justice, and that the attendance of such witnesscannot be procured without an amount of delay, expense or inconvenience which, under the circumstances ofthe case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue acommission for the examination of the witness in accordance with the provisions of this Chapter:

Provided that where the examination of the President or the Vice-President of India or the Governor of aState or the Administrator of a Union territory as a witness is necessary for the ends of Justice, a commissionshall be issued for the examination of such a witness.

(2) The Court may, when issuing a commission for the examination of a witness for the prosecution,direct that such amount as the Court considers reasonable to meet the expenses of the accused, including thepleader's fees, be paid by the prosecution.

(1) If the witness is within the territories to which this Codeextends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief JudicialMagistrate, as the case may be, within whose local jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shallbe directed to such Court or officer as the Central Government may, by notification, specify in this behalf.

(3) If the witness is in a country or place outside India and arrangements have been made by the CentralGovernment with the Government of such country or place for taking the evidence of witnesses in relation tocriminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to suchauthority for transmission as the Central Government may, by notification, prescribed in this behalf.

Upon receipt of the commission, the Chief Metropolitan Magistrate, orChief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summonthe witness before him or proceed to the place where the witness is, and shall take down his evidence in the samemanner, and may for this purpose exercise the same powers, as in trials or warrant-cases under this Code.

(1) The parties to any proceeding under this Code in which acommission is issued may respectively forward any interrogatories in writing which the Court or Magistratedirecting the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer towhom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness uponsuch interrogatories.

(2) Any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, inperson, and may examine, cross-examine and re-examine (as the case may be) the said witness.

(1) After any commission issued under section 284 has been duly executed, itshall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuingthe commission; and the commission, the return thereto and the deposition shall be open at all reasonable times toinspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, andshall form part of the record.

(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act,1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.

In every case in which a commission is issued under section 284, theinquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution andreturn of the commission.

(1) The provisions of section 286 and so much of section 287 andsection 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued byany of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section284.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are---

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Codedoes not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as theCentral Government may, by notification, specify in this behalf, and having authority, under the law in force inthat country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

(1) The deposition of civil surgeon or other medical witness, taken andattested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given inevidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon andexamine any such deponent as to the subject-matter of his deposition.

STATE AMENDMENT

Gujarat

In the principal Act, in section 291, in sub-section (1), after the words u201cin the presence of accusedu201d, the wordsu201cor, as the case may be through the medium of Electronic Video Linkageu201d shall be inserted.

[Vide Gujarat Act 31 of 2017, sec. 5.]

1[(1) Any document purporting to be a report of identificationunder the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry,trial or other proceeding under this Code, although such Magistrate is not called as a witness:

Provided that where such report contains a statement of any suspect or witness to which the provisions ofsection 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872(1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisionsof those sections.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summonand examine such Magistrate as to the subject-matter of the said report.]

1. Ins. by Act 25 of 2005, s. 24 (w.e.f. 23-6-2006).

(1) Any document purporting to be a report under the hand of anysuch 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer ofthe Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratoryor any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as thecase may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing dulysubmitted to him for examination and report in the course of any proceeding under this Code, may be used asevidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness.

(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report:

Provided that no such officer shall be summoned to produce any records on which the report is based.

(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), nosuch officer shall, 1[except with the permission of the General Manager or any officer in charge of any Mint or of anyNote Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of theForensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the StateExaminer of Questioned Documents Organisation, as the case may be,] be permitted---

(a) to give any evidence derived from any unpublished official records on which the report is based; or

(b) to disclose the nature or particulars of any test applied by him in the course of the examination of thematter or thing.

1. Subs. by Act 2 of 2006, s. 5, for certain words (w.e.f. 16-4-2006).

(1) Any document purporting to be a report underthe hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted tohim for examination or analysis and report in the course of any proceeding under this Code, may be used asevidence in any inquiry, trial or other proceeding under this Code.

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless theCourt has expressly directed him to appear personally, depute any responsible officer working with him to attend theCourt, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.

(4) This section applies to the following Government scientific experts, namely:---

(a) any Chemical Examiner or Assistant Chemical Examiner to Government;

1[(b) the Chief Controller of Explosives;]

(c) the Director of the Finger Print Bureau;

(d) the Director, Haffkeine Institute, Bombay;

(e) the Director 2[, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or aState Forensic Science Laboratory;

(f) the Serologist to the Government;

3[(g) any other Government scientific expert specified, by notification, by the Central Government for thispurpose.]

1. Subs. by Act 25 of 2005, s. 26, for cl. (b) (w.e.f. 23-6-2006).

2. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1978).

3. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23-6-2006).

(1)Where any document is filed before any Court by theprosecution or the accused, the particulars of every such document shall be included in a list and the prosecution orthe accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon toadmit or deny the genuineness of each such document.

(2) The list of documents shall be in such form as be prescribed by the State Government.

(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry,trial or other proceeding under this Code without proof of the signature of the person to whom it purports to besigned:

Provided that the Court may, in its discretion, require such signature to be proved.

When any application is made to any Court in thecourse of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting anypublic servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Courtmay, if it thinks fit, order that evidence relating to such facts be so given.

(1) The evidence of any person whose evidence is of aformal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in anyinquiry, trial or other proceeding under this Code.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon andexamine any such person as to the facts contained in his affidavit.

(1) Affidavits to be used before any Court underthis Code may be sworn or affirmed before---

1[(a) any Judge or Judicial or Executive Magistrate, or]

(b) any Commissioner of Oaths appointed by a High Court or Court of Session, or

(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from hisown knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponentshall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

1. Subs. by Act 45 of 1978, s. 22, for cl. (a) (w.e.f. 18.12.1978).

In any inquiry, trial or other proceeding under this Code,a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the timebeing in force,---

(a) by an extract certified under the hand of the officer having the custody of the records of the Court inwhich such conviction or acquittal was held, to be a copy of the sentence or order, or

(b) in case of a conviction, either by a certificate signed by the officer in charge of the Jail in which thepunishment or any part thereof was undergone, or by production of the warrant of commitment under which thepunishment was suffered,

together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted oracquitted.

(1) If it is proved that an accused person has absconded, andthat there is no immediate prospect of arresting him, the Court competent to try 1[, or commit for trial] such personfor the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of theprosecution, and record their depositions and any such deposition may, on the arrest of such person, be given inevidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead orincapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay,expense or inconvenience which, under the circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by someperson or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first classshall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositionsso taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent isdead or incapable of giving evidence or beyond the limits of India.

1. Ins. by Act 45 of 1978, s. 23 (w.e.f. 18-12-1978).

(1) A person who has once beentried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while suchconviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts forany other offence for which a different charge from the one made against him might have been made undersub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.

(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the StateGovernment, for any distinct offence for which a separate charge might have been made against him at the formertrial under sub-section (1) of section 220.

(3) A person convicted of any offence constituted by any act causing consequences which, together with suchact, constituted a different offence from that of which he was convicted, may be afterwards tried for such lastmentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at thetime when he was convicted.

(4) A person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal orconviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which hemay have committed if the Court by which he was first tried was not competent to try the offence with which he issubsequently charged.

(5) A person discharged under section 258 shall not be tried again for the same offence except with the consentof the Court by which he was discharged or of any other Court to which the first mentioned Court is subordinate.

(6) Nothing in this section shall affect the provisions of section 26 of the General ClausesAct, 1897 (10 of 1897) or of section 188 of this Code.

Explanation.---The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposesof this section.

Illustrations

(a) A is tried upon a charge of theft as a servant and aquitted. He cannot afterwards, while the acquittal remains inforce, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.

(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again forculpable homicide.

(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards betried on the same facts for the murder of B.

(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A maynot afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes withinsub-section (3) of this section.

(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person ofB. A may subsequently be charged with, and tried for, robbery on the same facts.

(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C mayafterwards be charged with, and tried for, dacoity on the same facts.

(1) The Public Prosecutor or Assistant Public Prosecutor in chargeof a case may appear and plead without any written authority before any Court in which that case is under inquiry,trial or appeal.

(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the PublicProsecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader soinstructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may,with the permission of the Court, submit written arguments after the evidence is closed in the case.

STATE AMENDMENT

West Bengal

For sub-section (1) of section 301 of the principal Act, the following sub-sections shall besubstituted:--

"(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority beforeany Court in which that case is under inquiry, trial or appeal.

(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authoritybefore any Court in which that case is under inquiry or trial.".

[Vide West Bengal Act 26 of 1990, s. 4.]

(1) Any Magistrate inquiring into or trying a case may permit theprosecution to be conducted by any person other than a police officer below the rank of inspector; but no person,other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor,shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in theinvestigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by a pleader.

Any person accused of anoffence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right bedefended by a pleader of his choice.

(1) Where, in a trial before the Court ofSession, the accused is not represented by a pleader, and where it appears to the Court that the accused has notsufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.

(2) The High Court may, with the previous approval of the State Government, make rules providing for--

(a) the mode of selecting pleaders for defence under sub-section (1);

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fees payable to such pleaders by the Government, and generally, for carrying out the purposes ofsub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified in thenotification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courtsin the State as they apply in relation to trials before Courts of Session.

(1) In this section, "corporation"means an incorporated company or other body corporate, and includes a society registered under the SocietiesRegistration Act, 1860 (21 of 1860).

(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appointa representative for the purpose of the inquiry or trial and such appointment need not be under the seal of thecorporation.

(3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done inthe presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirementthat thing shall be done in the presence of the representative or read or stated or explained to the representative,and any requirement that the accused shall be examined shall be construed as a requirement that the representativeshall be examined.

(4) Where a representative of a corporation does not appear, any such requirement as is referred to in subsection(3) shall not apply.

(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by anyperson (by whatever name called) having, or being one of the persons having the management of the affairs of thecorporation to the effect that the person named in the statement has been appointed as the representative of thecorporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that suchperson has been so appointed.

(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiryor trial before a Court is or is not such representative, the question shall be determined by the Court.

(1) With a view to obtaining the evidence of any person supposed tohave been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief JudicialMagistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence,and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, maytender a pardon to such person on condition of his making a full and true disclosure of the whole of thecircumstances within his knowledge relative to the offence and to every other person concerned, whether asprincipal or abettor, in the commission thereof.

(2) This section applies to--

(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointedunder the Criminal Law Amendment Act, 1952 (46 of 1952);

(b) any offence punishable with imprisonment which may extend to seven years or with a more severesentence.

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record--

(a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to whom it was made,and shall, on application made by the accused, furnish him with a copy of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-section (1)--

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and inthe subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined undersub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in thecase--

(a) commit it for trial--

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate takingcognizance is the Chief Judicial Magistrate;

(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952),if the offence is triable exclusively by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

At any time after commitment of a case but before judgment ispassed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of anyperson supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon onthe same condition to such person.

(1) Where, in regard to a person who hasaccepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinionsuch person has, either by wilfully concealing anything essential or by giving false evidence, not complied with thecondition on which the tender was made, such person may be tried for the offence in respect of which the pardonwas so tendered or for any other offence of which he appears to have been guilty in connection with the samematter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false evidence except with thesanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence.

(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate undersection 164 or by a Court under sub-section (4) of section 306 may be given in evidence against him at such trial.

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which suchtender was made; in which case it shall be for the prosecution to prove that the condition has not been compliedwith.

(4) At such trial, the Court shall--

(a) if it is a Court of Session, before the charge is read out and explained to the accused;

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken,

ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon wasmade.

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, beforepassing judgment in the case, find whether or not the accused has complied with the conditions of thepardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, passjudgment of acquittal.

1[(1) In every inquiry or trial the proceedings shall becontinued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds theadjournment of the same beyond the following day to be necessary for reasons to be recorded:

Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376B,section 376C or section 376D of the Indian Penal Code (45 of 1860), the inquiry or trial shall, as far as possible becompleted within a period of two months from the date of filing of the charge sheet.]

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary oradvisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasonsto be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable,and may by a warrant remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceedingfifteen days at a time:

Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted,without examining them, except for special reasons to be recorded in writing:

2[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person toshow cause against the sentence proposed to be imposed on him.]

3[Provided also that---

(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyondthe control of that party;

(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleaderthough present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit,record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chiefor cross-examination of the witness, as the case may be.]

Explanation 1.--If sufficient evidence has been obtained to raise a suspicion that the accused may havecommitted an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonablecause for a remand.

Explanation 2.--The terms on which an adjournment or postponement may be granted include, in appropriatecases, the payment of costs by the prosecution or the accused.

STATE AMENDMENT

Chhattisgarh

In proviso to sub-section (1) of Section 309 of the Code, for the words, figures and letters "section 376, section376A, section 376B, section 376C or section 376Du201d, the words, figures and letters u201csection 354, section 354A,section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C,section 376D, section 376E, section 376F, section 509, section 509A or section 509Bu201d shall be substituted.

[Vide Chhattisgarh Act 25 of 2015, s. 11.]

Maharashtra

In section 309 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra(hereinafter, in this Chapter, referred to as u201cthe Code of Criminal Procedureu201d), after the existing proviso, thefollowing proviso shall be added, namely:--

"Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 (45 of 1860) ofthe Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months fromthe date of filing of the charge sheet".

[Vide Maharashtra Act, 40 of 2018, s. 4.]

1. Subs. by Act 13 of 2013, s. 21, for sub-section (1) (w.e.f. 3-2-2013).

2. Ins. by Act 45 of 1978, s. 24 (w.e.f. 18-12-1978).

3. Ins. by Act 5 of 2009, s. 21 (w.e.f. 1-11-2010).

(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding,after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, orany other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidencegiven at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant factsobserved at such inspection.

(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused orany other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost.

Any Court may, at any stage of anyinquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person inattendance, though not summoned as a witness, or recall and re-examine any person already examined; and theCourt shall summon and examine or recall and re-examine any such person if his evidence appears to it to beessential to the just decision of the case.

1[If a Magistrateof the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedientto direct any person, including an accused person, to give specimen signatures or handwriting, he may make anorder to that effect and in that case the person to whom the order relates shall be produced or shall attend at the timeand place specified in such order and shall give his specimen signatures or handwriting:

Provided that no order shall be made under this section unless the person has at some time been arrested inconnection with such investigation or proceeding.]

1. Ins. by Act 25 of 2005, s. 27 (w.e.f. 23-6-2006).

Subject to any rules made by the State Government, anyCriminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of anycomplainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court underthis Code.

(1) In every inquiry or trial, for the purpose of enabling the accusedpersonally to explain any circumstances appearing in the evidence against him, the Court--

(a) may at any stage, without previously warning the accused put such questions to him as the Courtconsiders necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for hisdefence, question him generally on the case:

Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, itmay also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1)

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by givingfalse answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put inevidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend toshow he has committed.

1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are tobe put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance ofthis section.]

1. Ins. by Act 5 of 2009, s. 22 (w.e.f. 31-12-2009).

(1) Any party to a proceeding may, as soon as maybe, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments,if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments insupport of his case and every such memorandum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unlessthe Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate sucharguments.

(1) Any person accused of an offence before a CriminalCourt shall be a competent witness for the defence and may give evidence on oath in disproof of the charges madeagainst him or any person charged together with him at the same trial:

Provided that--

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or theCourt or give rise to any presumption against himself or any person charged together with him that the sametrial.

(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X,may offer himself as a witness in such proceedings:

Provided that in proceedings under section 108, section 109, or section 110, the failure of such person to giveevidence shall not be made the subject of any comment by any of the parties or the Court or give rise to anypresumption against him or any other person proceeded against together with him at the same inquiry.

Except as provided in sections 306 and 307, no influence,by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose orwithhold any matter within his knowledge.

(1) At anystage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that thepersonal attendance of the accused before the Court is not necessary in the interests of justice, or that the accusedpersistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by apleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at anysubsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers hispersonal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn suchinquiry or trial, or order that the case of such accused be taken up or tried separately.

STATE AMENDMENT

Gujarat

In the principal Act, to section 317, the following Explanation shall be added, namely: --

"Explanation:--For the purpose of this section u201cPersonal attendance of the accusedu201d shall include hisattendance through the medium of Electronic Video Linkage as provided in section 273.u201d.

[Vide Gujarat Act 31 of 2017, s. 6.]

If the accused, though not of unsoundmind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in thecase of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall beforwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereonsuch order as it thinks fit.

(1) Where, in the course ofany inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused hascommitted any offence for which such person could be tried together with the accused, the Court may proceedagainst such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of thecase may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by suchCourt for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accusedperson when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

(1) The offences punishable under the sections of the Indian PenalCode (45 of 1860) specified in the first two columns of the Table next following may be compounded by the personsmentioned in the third column of that Table:---

1[TABLE

Offence Section of the Person by whom offenceIndian Penal may be compoundedCode applicable

1 2 3

Uttering words, etc., with deliberate 298 The person whose religious feelings

intent to wound the religious are intended to be wounded.

feelings of any person.Voluntarily causing hurt. 323 The person to whom the hurt iscaused.

Voluntarily causing hurt on 334 Ditto.

provocation.Voluntarily causing grievous hurt 335 The person to whom the hurt ison grave and sudden provocation. caused.Wrongfully restraining or confining341, The person restrained or confined.

any person. 342Wrongfully confining a person for 343 The person confined.

three days or moreWrongfully confining a person for 344 Ditto.

ten days or more.1 2 3

Wrongfully confining a person in 346 The person confined.

secret.Assault or use of criminal force. 352, The person assaulted or to whom355, criminal force is used.

358Theft. 379 The owner of the property stolen.

Dishonest misappropriation of 403 The owner of the property

property. misappropriated.

Criminal breach of trust by a carrier,407 The owner of the property in respectwharfinger, etc. of which the breach of trust has beencommitted.

Dishonestly receiving stolen 411 The owner of the property stolen.property knowing it to be stolen.

Assisting in the concealment or 414 Ditto.

disposal of stolen property, knowingit to be stolen.

Cheating. 417 The person cheated.

Cheating by personation. 419 Ditto.

Fraudulent removal or concealment 421 The creditors who are affectedof property, etc., to prevent thereby.

distribution among creditors.Fraudulently preventing from being 422 Ditto.

made available for his creditors adebt or demand due to the offender.Fraudulent execution of deed of 423 The person affected thereby.

transfer containing false statementof consideration.Fraudulent removal or concealment 424 Ditto.

of property.Mischief, when the only loss or 426, The person to whom the loss or

damage caused is loss or damage to 427 damage is caused.

a private person.Mischief by killing or maiming 428 The owner of the animal.

animal.Mischief by killing or maiming 429 The owner of the cattle or animal.

cattle, etc.Mischief by injury to works of 430 The person to whom the loss orirrigation by wrongfully diverting damage is caused.

water when the only loss or damagecaused is loss or damage to private person.

1 2 3

Criminal trespass. 447 The person in possession of the property trespassed upon.

House-trespass. 448 Ditto.

House-trespass to commit an 451 The person in possession of theoffence (other than theft) punishable house trespassed upon.

with imprisonment.Using a false trade or property 482 The person to whom loss or injury ismark. caused by such use.

Counterfeiting a trade or property 483 Ditto.

mark used by another.Knowingly selling, or exposing or 486 Ditto.

possessing for sale or formanufacturing purpose, goodsmarked with a counterfeit property mark.Criminal breach of contract of 491 The person with whom the offenderservice. has contracted.

Adultery. 497 The husband of the woman.

Enticing or taking away or detaining498 The husband of the woman and thewith criminal intent a married woman

woman.Defamation, except such cases as 500 The person defamed.

are specified against section 500 ofthe Indian Penal Code (45 of 1860)in column 1 of the Table undersub-section (2).Printing or engraving matter, 501 Ditto.

knowing it to be defamatory.Sale of printed or engraved 502 Ditto.

substance containing defamatorymatter, knowing it to contain suchmatter.Insult intended to provoke a breach 504 The person insulted./btof the peace.Criminal intimidation. 506 The person intimidated.Inducing person to believe himself 508 The person induced.

an object of divine displeasure.(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first twocolumns of the Table next following may, with the permission of the Court before which any prosecution for suchoffence is pending, be compounded by the persons mentioned in the third column of that Table:---

2[TABLE

Offence Section of the Person by whom offenceIndian Penal may be compounded

Code applicable 1 2 3

Causing miscarriage. 312 The woman to whom miscarriage is caused .

Voluntarily causing grievous hurt. 325 The person to whom hurt is caused.

Causing hurt by doing an act so 337 Ditto.

rashly and negligently as toendanger human life or the personalsafety of others.Causing grievous hurt by doing an 338 Ditto.

act so rashly and negligently as toendanger human life or the personalsafety of others.Assault or criminal force in attempt-357 The person assaulted or to whomting wrongfully to confine a person. the force was used.

Theft, by clerk or servant of 381 The owner of the property stolen.

property in possession of master.Criminal breach of trust 406 The owner of property in respect ofwhich breach of trust hasbeen committed.

Criminal breach of trust by a clerk 408 The owner of the property in respector servant. of which the breach of trust has beencommitted.

Cheating a person whose interest 418 The person cheated.

the offender was bound, either bylaw or by legal contract, to protect.Cheating and dishonestly inducing 420 The person cheated.

delivery of property or the making,alteration or destruction of a valuablesecurity.Marrying again during the life-time 494 The husband or wife of the person so marrying.

of a husband or wife.1 2 3

Defamation against the President or the 500 The person defamed.

Vice-President or the Governor of aState or the Administrator of a Unionterritory or a Minister in respect of hispublic functions when instituted upon]a complaint made by the PublicProsecutor.Uttering words or sounds or making 509 The woman whom it was intended togestures or exhibiting any object insult or whose privacy was intrudedintending to insult the modesty of a upon.woman or intruding upon the privacyof a woman.

3 [(3) When an offence is compoundable under this section, the abetment of such offence or an attempt tocommit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149of the Indian Penal Code (45 of 1860) may be compounded in like manner.]

(4) (a) When the person who would otherwise be competent to compound an offence under this section is underthe age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with thepermission of the Court, compound such offence.

(b) When the person who would otherwise be competent to compound an offence under this section is dead, thelegal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with theconsent of the Court, compound such offence.

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, nocomposition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the casemay be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 401 mayallow any person to compound any offence which such person is competent to compound under this section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either toenhanced punishment or to a punishment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused withwhom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

STATE AMENDMENT

Madhya Pradesh

Amendment of Section 320.--In the table below sub-section (2) of Section 320 of the principal Act,--

(i) in column first, second and third, before section 324 and entries relating thereto, the following sections andentries relating thereto shall be inserted, namely:--

"(1) (2) (3)Rioting 147 The person against whom the forceor violence is used at the time ofcommitting an offence:

Provided that the accused is notcharged with other offence whichis not compoundable.

Rioting armed with deadly weapon 148 The person against whom the forceor violence is used at the time ofcommitting an offence:

Provided that the accused is notcharged with other offence whichis not compoundable.Obscene acts or use of obscenewords294 The person against whom obsceneacts were done or obscene wordswere used.u201d.

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section andentries relating thereto shall be inserted, namely:--

"(1) (2) (3)Criminal intimidation if threat tobe caused death or grievous hurt,etc.

Part II of Section 506 The person against whom theoffence of Criminal Intimidationwas committed.u201d.

[Vide Madhya Pradesh 17 of 1999, s. 3.]

1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009)

2. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).

3. Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009).

The Public Prosecutor or Assistant Public Prosecutor in charge of a casemay, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecutionof any person either generally or in respect of any one or more of the offences for which he is tried; and, upon suchwithdrawal,--

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offenceor offences;

(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall beacquitted in respect of such offence or offences:

Provided that where such offence--

(i) was against any law relating to a matter to which the executive power of the Union extends, or

(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special PoliceEstablishment Act, 1946 (25 of 1946), or

(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the CentralGovernment, or

(iv) was committed by a person in the service of the Central Government while acting or purporting to actin the discharge of his official duty,

and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless hehas been permitted by the Central Government to do so, move the Court for its consent to withdraw from theprosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permissiongranted by the Central Government to withdraw from the prosecution.

(1) If, in the course of any inquiry into anoffence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumptionn

(a) that he has no jurisdiction to try the case or commit it for trial, or

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district,or

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submitthe case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate,having jurisdiction, as the Chief Judicial Magistrate directs.

(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer itto any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of theproceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, heshall commit it to that Court under the provisions hereinbefore contained 1[and thereupon the provisions of ChapterXVIII shall apply to the commitment so made].

1. Ins. by Act 45 of 1978, s. 26 (w.e.f. 18-12-1978).

(1)Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the IndianPenal Code (45 of 1860), with imprisonment for a term of three years or upwards, is again accused of any offencepunishable under either of those Chapters with imprisonment for a term of three years or upwards, and theMagistrate before whom the case is pending is satisfied that there is ground for presuming that such person hascommitted the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court ofSession, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequatesentence if the accused is convicted.

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Sessionunder sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent orcommitted, unless the Magistrate discharges such other person under section 239 or section 245, as the case may be.

(1) Whenever a Magistrate is ofopinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he oughtto receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered toinflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute abond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to theChief Judicial Magistrate to whom he is subordinate.

(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceedunder sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinionguilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine theparties and recall and examine any witness who has already given evidence in the case and may call for and take anyfurther evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

(1) Whenever any 1[Judge or Magistrate], after having heard and recorded the whole or any part of theevidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1[Judge orMagistrate] who has and who exercises such jurisdiction, the 1[Judge or Magistrate] so succeeding may act on theevidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:

Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of thewitnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon anysuch witness, and after such further examination, cross-examination and re-examination, if any, as he may permit,the witness shall be discharged.

(2) When a case is transferred under the provisions of this Code 2[from one judge to another Judge or from oneMagistrate] to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to besucceeded by the latter, within the meaning of sub-section (1).

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed undersection 322 or in which proceedings have been submitted to a superior Magistrate under section 325.

1. Subs. by Act 45 of 1978, s. 27, for "Magistrate" (w.e.f. 18-12-1978).

2. Subs. by s. 27, ibid., for "from one Magistrate to another Magistrate" (w.e.f. 18-12-1978).

1[(1)] The place in which any Criminal Court is held for the purpose of inquiring intoor trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far asthe same can conveniently contain them:

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, ortrial of, any particular case, that the public generally, or any particular person, shall not have access to, or be orremain in, the room or building used by the Court.

2[(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offenceunder section 376, section 376A, section 376B, section 376C,3[section 376D or section 376E of the Indian PenalCode (45 of 1860)] shall be conducted in camera :

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allowany particular person to have access to, or be or remain in, the room or building used by the Court:

4[Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.]

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print orpublish any matter in relation to any such proceedings except with the previous permission of the Court:]

4[Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may belifted, subject to maintaining confidentiality of name and address of the parties.]

STATE AMENDMENT

Chhattisgarh

In sub-section (2) of the section 327 of the Code, for the words, figures and letters u201cor an offence under section376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Codeu201d, the words,figures, letters and punctuations u201csexual harassment, outraging modesty of woman or an offence under section 354,section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B,section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the IndianPenal Codeu201d shall be substituted.

[Vide Chhattisgarh Act 25 of 2015, s. 12.]

1. S. 327 renumbered as sub-section (1) thereof by Act 43 of 1983, s. 4 (w.e.f. 25-12-1983).

2. Ins. by s. 4, ibid. (w.e.f. 25-12-1983).

3. Subs. by Act 13 of 2013, s. 22, for "or section 376D of the Indian Penal Code (45 of 1860)" (w.e.f. 3-2-2013).

4. Ins. by Act 5 of 2009, s. 24 (w.e.f. 31-12-2009).

(1) When a Magistrate holding an inquiry has reason tobelieve that the person against whom the inquiry is being held is of unsound mind and consequently incapable ofmaking his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause suchperson to be examined by the civil surgeon of the district or such other medical officer as the State Government maydirect, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination towriting.

1[(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatristor clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinicalpsychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness ofmind or mental retardation:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, asthe case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college.]

(2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with theprovisions of section 330.

2[(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound mind,the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of enteringdefence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shallexamine the record of evidence produced by the prosecution and after hearing the advocate of the accused butwithout questioning the accused, if he finds that no prima facie case is made out against the accused, he shall,instead of postponing the enquiry, discharge the accused and deal with him in the manner provided undersection 330:

Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whoma finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion ofthe psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to bedealt with as provided under section 330.

(4) If such Magistrate is informed that the person referred to in sub-section (1A) is a person with mentalretardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable ofentering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and dealwith the accused in the manner provided under section 330.]

1. Ins. by Act 5 of 2009, s. 25 (w.e.f. 31-12-2009).

2. Subs. by s. 25, ibid., for sub-section (3) (w.e.f. 31-12-2009).

(1) If at the trial of any personbefore a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mindand consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact ofsuch unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidenceas may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shallpostpone further proceedings in the case.

1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shallrefer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinicalpsychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering fromunsoundness of mind:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, asthe case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of--

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college.]

2[(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accusedincapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a findingto that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate ofthe accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is madeout against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in themanner provided under section 330:

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respectof whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinionof the psychiatrist or clinical psychologist, is required for the treatment of the accused.

(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable ofentering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealtwith in accordance with section 330.]

1. Ins. by s. 26, ibid. (w.e.f. 31-12-2009)

2. Subs. by s. 26, ibid., for sub-section (2), (w.e.f. 31-12-2009).

1[330. Release of person of unsound mind pending investigation or trial. (1) Whenever a person if foundunder section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mentalretardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken ornot, order release of such person on bail:

Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandatein-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from thenearest medical facility and to prevent from doing injury to himself or to any other person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot begranted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place whereregular psychiatric treatment can be provided, and shall report the action taken to the State Government:

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than inaccordance with such rules as the State Government may have made under the Mental Health Act, 1987 (14 of1987).

(3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reasonof unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view thenature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if therelease of the accused can be ordered:

Provided that--

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be,decide to order discharge of the accused, as provided under section 328 or section 329, such release may beordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to anyother person;

(b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot beordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardationmay be ordered wherein the accused may be provided care and appropriate education and training.]

1. Subs. by Act 5 of 2009, s. 27, for section 330 (w.e.f. 31-12-2009).

(1) Whenever an inquiry or a trial is postponed under section 328 orsection 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased tobe of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before suchMagistrate or Court.

(2) When the accused has been released under section 330, and the sureties for his appearance produce him tothe officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused iscapable of making his defence shall be receivable in evidence.

(1) If, when the accused appears or isagain brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable ofmaking his defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrateor Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused isfound to be of unsound mind and consequently incapable making his defence, shall deal with such accused in accordance with the provisions of section 330.

When the accused appears to be of sound mind atthe time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason tobelieve that the accused committed an act, which, if he had been of sound mind, would have been an offence, andthat he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing thenature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if theaccused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

Whenever any person is acquitted upon theground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness ofmind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contraryto law, the finding shall state specifically whether he committed the act or not.

(1) Whenever the finding states thatthe accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held,shall, if such act would, but for the incapacity found, have constituted an offence,---

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Courtthinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub- section(1) otherwise than in accordance with such rules as the State Government may have made under the Indian LunacyAct, 1912 (4 of 1912).

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section(1) except upon the application of such relative or friend and on his giving security to the satisfaction of theMagistrate or Court that the person delivered shall---

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Governmentmay direct.

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

The State Government mayempower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 or section 338.

If such person isdetained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, theInspector-General of Prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, orany two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall betaken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and theMagistrate or Court shall deal with such person under the provisions of section 332; and the certificate of suchInspector-General or visitors as aforesaid shall be receivable as evidence.

(1) If such person is detained underthe provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certifythat, in his or their judgment, he may be released without danger of his doing injury to himself or to any otherperson, the State Government may thereupon order him to be released, or to be detained in custody, or to betransferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him tobe transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as isnecessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

(1) Whenever any relative or friend of any persondetained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody,the State Government may, upon the application of such relative or friend and on his giving security to thesatisfaction of such State Government, that the person delivered shall--

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Governmentmay direct;

(c) in the case of a person detained under sub-section (2) of section 330, be produced when required beforesuch Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of hisbeing of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) ofsub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence,such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce himbefore the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance withthe provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence.

(1) When, upon an application made to it in this behalf orotherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made intoany offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or inrelation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidencein a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,---

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the allegedoffence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to suchMagistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where thatCourt has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application forthe making of such complaint, be exercised by the Court to which such former Court is subordinate within themeaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed,--

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court mayappoint;

1[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Courtmay authorise in writing in this behalf.]

(4) In this section, "Court" has the same meaning as in section 195.

1. Subs. by Act 2 of 2006, s. 6, for clause (b) (w.e.f. 16-4-2006).

(1) Any person on whose application any Court other than a High Court has refused to make acomplaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been madeby such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section(4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawalof the complaint, or, as the case may be, making of the complaint which such former Court might have made undersection 340, and, if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 340, shall be final, andshall not be subject to revision.

Any Court dealing with an application made to it for filing a complaint undersection 340 or an appeal under section 341, shall have power to make such order as to costs as may be just.

(1) A Magistrate to whom a complaint is made undersection 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, todeal with the case as if it were instituted on a police report.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may havebeen transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which thematter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

(1) If, at the time of delivery of any judgmentor final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses anopinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidenceor had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or hemay, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarilyfor giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving theoffender a reasonable opportunity of showing cause why he should not be punished for such offence, try suchoffender summarily and sentence him to imprisonment for a term which may extend to three months, or to finewhich may extend to five hundred rupees, or with both.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed forsummary trials.

(3) Nothing in this section shall affect the power of the Court to make a complaint under section 340 for theoffence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session orMagistrate of the first class that an appeal or an application for revision has been preferred or filed against thejudgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay furtherproceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, andthereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

(1) When any such offence as is described in section 175,section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the viewor presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody,and may, at any time before the rising of the Court or the same day, take cognizance of the offence and, after giving he offender a reasonable opportunity of showing cause why he should not be punished under this section, sentencethe offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonmentfor a term which may extend to one month, unless such fine be sooner paid.

(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) madeby the offender, as well as the finding and sentence.

(3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the natureand stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of theinterruption or insult.

(1) If theCourt in any case considers that a person accused of any of the offences referred to in section 345 and committed in itsview or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding twohundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should notbe disposed of under section 345, such Court, after recording the facts constituting the offence and the statement of theaccused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, andmay require security to be given for the appearance of such person before such Magistrate, or if sufficient security isnot given, shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as maybe, as if it were instituted on a police report.

When the State Government so directs,any Registrar or any Sub-Registrar appointed under the 1 Registration Act, 1908 (16 of 1908), shall be deemedto be a Civil Court within the meaning of sections 345 and 346.

1. The word "Indian" omitted by Act 56 of 1974, s. 3 and the Second Sch. (w.e.f. 20-12-1974).

When any Court has under section 345 adjudged anoffender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting todo anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in itsdiscretion, discharge the offender or remit the punishment on his submission to the order or requisition of suchCourt, or on apology being made to its satisfaction.

If any witness orperson called to produce a document or thing before a Criminal Court refuses to answer such questions as are put tohim or to produce any document or thing in his possession or power which the Court requires him to produce, anddoes not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal,such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under thehand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term notexceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce thedocument or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisionsof section 345 or section 346.

(1)If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place andtime in obedience to the summons and without just excuse neglects or refuses to attend at that place or time ordeparts from the place where he has to attend before the time at which it is lawful for him to depart, and the Courtbefore which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witnessshould be tried summarily, the Court may take cognizance of the offence and after giving the offender anopportunity of showing cause why he should not be punished under this section, sentence him to fine not exceedingone hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed forsummary trials.

(1) Any person sentenced by anyCourt other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstandinganything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, andthe Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessionsdivision within which such Court is situate.

(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of adirection issued under section 347 shall lie to the Court of Session for the sessions division within which the officeof such Registrar or Sub-Registrar is situate.

Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a HighCourt) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committedbefore himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in thecourse of a judicial proceeding.

(1) The judgment in every trial in any Criminal Court or original jurisdiction shall bepronounced in open Court by the presiding officer immediately after the termination of the trial or at somesubsequent time of which notice shall be given to the parties or their pleaders,---

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of the judgment and explaining the substance of the judgment in alanguage which is understood by the accused or his pleader.

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to betaken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it thedate of the delivery of the judgment in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1),as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with hisown hand, every page of the judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the wholejudgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders freeof cost.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced,except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only orhe is acquitted:

Provided that, where there are more accused than one, and one or more of them do not attend the Court on thedate on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in thedisposal of the case, pronounce the judgment notwithstanding their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absenceof any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve,or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.

(1) Except as otherwise expressly provided by this Code, everyjudgment referred to in section 353,---

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) orother law under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct thathe be set at liberty.

(2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of twosections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctlyexpress the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for lifeor imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the caseof sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but theCourt imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons forawarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case wastried summarily under the provisions of this Code.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he isdead.

(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and thereasons for the decision.

Instead of recording a judgment in the manner hereinbeforeprovided, a Metropolitan Magistrate shall record the following particulars, namely:---

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and his parentage and residence;

(e) the offence complained of or proved;

(f) the plea of the accused and his examination (if any);

(g) the final order;

(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3)of section 374, a brief statement of the reasons for the decision.

(1) When any person, having beenconvicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C or section 489D 1[or section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for aterm which may extend to seven years or with fine or with both)] of the Indian Penal Code (45 of 1860), or of anyoffence punishable under Chapter XII 1[or Chapter XVI] or Chapter XVII of that Code, with imprisonment for aterm of three years, or upwards, is again convicted of any offence punishable under any of those sections orChapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of thesecond class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, alsoorder that his residence and any change of, or absence from, such residence after release be notified as hereinafterprovided for a term not exceeding five years from the date of the expiration of such sentence.

(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to criminalconspiracies to commit such offences and to the abatement of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court ofSession when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating tothe notification of residence or change of, or absence from, residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of anysuch rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by himas his place of residence is situated.

1. Ins. by Act 25 of 2005, s. 29 (w.e.f. 23-6-2006).

(1) When a Court imposes a sentence of fine or a sentence (including asentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part ofthe fine recovered to be applied---

(a) in defraying the expenses of properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, whencompensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of havingabetted the commission of such an offence, in paying compensation to the persons who are, under the FatalAccidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resultingto them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminalbreach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted indisposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating anybona fide purchaser of such property for the loss of the same if such property is restored to the possession of theperson entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal no such payment shall be made before the periodallowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passingjudgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order tothe person who has suffered any loss or injury by reason of the act for which the accused person has been sosentenced.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court ofSession when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.

STATE AMENDMENTS

Karnataka

Amendments of section 357. --

In section 357 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).--

(1) In section 357, in sub-section (1), after the words u201cthe Court mayu201d the brackets, figures and wordsu201cand where the person against whom an offence is committed belongs to a Scheduled Caste or aScheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accusedperson doesnu2019t belong to a Scheduled Caste or a Scheduled Tribe the Court shallu201d, shall be inserted:

(2) for sub-section (3), the following sub-section shall be substituted, namely:--

u201c(3) When a Court imposes a sentence of which the fine does not form a part, the Court may, andwhere a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribeas defined in clauses (24) and (25) of article 366 of the Constitution and the accused person does notbelong to a Scheduled Caste or a Scheduled Tribe, the Court shall, when passing judgment, order theaccused person to pay, by way of compensation, such amount as may be specified in the order to theperson who has suffered any loss or injury by reason of the act for which the accused person has been sosentencedu201d.

[Vide Karnataka Act 27 of 1987, s. 2].

Madhya Pradesh

Amendment of section 357.--In section 357 of the Principal Act, --

(i) In sub-section (1), for the brackets, figure and words u201c(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passingjudgment, order the whole or any part of the fine recovered to be appliedu201d the brackets, figure and wordsu201c(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fineforms a part, the Court may, and where a person against whom an offence is committed belongs toScheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) and of Article 366 of theConstitution except when both the accused person and the person against whom an offence is committedbelong cither to such Castes or Tribes, the Court shall, when passing judgment, order the whole or anypart of the fine recovered to be applied---u201dshall be substituted; and

(ii) for sub-section (3), the following sub-section shall be substituted, namely:--

u201c(3) When Court imposes a sentence, of which fine does not form a part, the Court may, and where aperson against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes asdefined in clauses (24) and (25) of Article 366 of the Constitution, the Court shall when passing judgmentorder the accused person to pay, by way of compensation, such amount as may be specified in the order tothe person who has suffered any loss or injury by reason of the act for which the accused person has beenso sentenced:

"Provided that the Court may not order the accused person to pay by way of compensation any amountif both the accused person and the person against whom an offence is committed belong either to theScheduled Castes or the Scheduled Tribes."

[Vide Madhya Pradesh Act 29 of 1978, s. 3.]

West Bengal

In section 357 of the principal Act,--

(a) In sub-section (1), for the words and brackets u201cWhen a Court imposes a sentence of fine or asentence including a (sentence of death) of which fine forms a part, the Court may, when passingjudgment, order the whole or any part of the fine recovered to be applied--u201d, the words and brackets"When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fineforms a part, the Court may, and where the person against whom an offence has been committed belongsto Scheduled Castes or Scheduled Tribes, except when both the accused person and the person againstwhom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes shall,when passing judgment, order the whole or any part of the fine recovered to be applied---u201d shall besubstituted;

(b) for sub-section (3), the following sub-section shall be substituted, namely:--

u201c(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and wherethe person against whom an offence has been committed belongs to Scheduled Castes or ScheduledTribes, shall, when passing judgment order the accused person to pay, by way of compensation, suchamount as may be specified in the order to the person who has suffered any loss or injury by reason of theact for which the accused person has been so sentenced:

Provided that the Court may not order the accused person to pay by way of compensation, any amountif both the accused person and the person against whom an offence has been committed belong either toScheduled Castes or to Scheduled Tribes.";

(c) after sub-section (5), the following Explanation shall be inserted:--

"Explanation.--For the purposes of the section the expression u201cScheduled Castesu201d and u201cScheduledTribesu201d shall have the meaning respectively assigned to them in clauses (24) and (25) of Article 366 ofthe Constitution of India.u2019.

[Vide West Bengal Act 33 of 1985, s. 3.]

1[357A. Victim compensation scheme. (1) Every State Government in co-ordination with the CentralGovernment shall prepare a scheme for providing funds for the purpose of compensation to the victim or hisdependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority orthe State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awardedunder the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has tobe rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, thevictim or his dependents may make an application to the State or the District Legal Services Authority for award ofcompensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the DistrictLegal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry withintwo months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of thevictim, may order for immediate first-aid facility or medical benefits to be made available free of cost on thecertificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of thearea concerned, or any other interim relief as the appropriate authority deems fit.]

1. Ins. by Act 5 of 2009, s. 28 (w.e.f. 31-12-2009).

1[The compensation payable by the State Government under section 357A shall be in addition to the paymentof fine to the victim under section 326A or section 376D of the Indian Penal Code (45 of 1860).

1. Ins. by Act 13 of 2013, s. 23 (w.e.f. 3-2-2013)

All hospitals, public or private, whether run by the Central Government, theState Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment,free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or section376E of the Indian Penal Code (45 of 1860), and shall immediately inform the police of such incident.]

(1) Whenever any person causes a police officer toarrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient groundfor causing such arrest, the Magistrate may award such compensation, not exceeding 1[one thousand rupees], to bepaid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, asthe Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each ofthem such compensation, not exceeding 1[one thousand rupees], as such Magistrate thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be sorecovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceedingthirty days as the Magistrate directs, unless such sum is sooner paid.

1. Subs. by Act 25 of 2005, s. 30, for "one hundred rupees" (w.e.f. 23-6-2006).

(1) Whenever any complaint of a non-cognizable offenceis made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order himto pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order thatin default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and suchcosts may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Courtmay consider reasonable.

(2) An order under this section may also be made by an Appellate Court or by the High Court or Court ofSession when exercising its powers of revision.

(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term ofseven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence notpunishable with death or imprisonment for life, and no previous conviction is proved against the offender, if itappears to the Court before which he is convicted, regard being had to the age, character or antecedents of theoffender, and to the circumstances in which the offence was committed, that it is expedient that the offender shouldbe released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment,direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence whencalled upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep thepeace and be of good behaviour:

Provided that where any first offender is convicted by a Magistrate of the second class not specially empoweredby the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, heshall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding theaccused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the mannerprovided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistratemay thereupon pass such sentence or make such order as he might have passed or made if the case had originally beenheard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make suchinquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheatingor any offence under the Indian Penal Code (45 of 1860), punishable with not more than two years, imprisonment orany offence punishable with fine only and no previous conviction is proved against him, the Court before which heis so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental conditionof the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence wascommitted, instead of sentencing him to any punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Sessionwhen exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or Court ofSession may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, setaside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishmentthan might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered inpursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that anoffender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court actsor in which the offender is likely to live during the period named for the observance of the conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect ofhis original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, itmay issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing thewarrant, and such Court may either remand him in custody until the case is heard or admit him to bail with asufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, passsentence.

(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), orthe Children Act, 1960 (60 of 1960) or any other law for the time being in force for the treatment, training orrehabilitation of youthful offenders.

Where in any case the Court could have dealt with,---

(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958(20 of 1958); or

(b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being inforce for the treatment, training or rehabilitation of youthful offenders,

but has not done so, it shall record in its judgment the special reasons for not having done so.

Save as otherwise provided by this Code or by any other law for the timebeing in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review thesame except to correct a clerical or arithmetical error.

(1) When the accused is sentenced toimprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to himfree of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation inhis own language if practicable or in the language of the Court, shall be given to him without delay, and such copyshall, in every case where the judgment is appealable by the accused, be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of thejudgment shall be immediately given to the accused free of cost whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under section 117 as they apply inrelation to a judgment which is appealable by the accused.

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, theCourt shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by aCriminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given acopy of such judgment or order or of any deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Courtto any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject tosuch conditions, as the High Court may, by such rules, provide.

STATE AMENDMENT

Karnataka

Amendment of section 363.---In section 363 of the Code of Criminal Procedure, 1973 (Central Act of1974), after the proviso to sub-section (5), the following proviso shall be inserted, namely:--

"Provided further that the State shall, on an application made in this behalf by the Prosecuting Officerbe given, free of cost, a certified copy of such judgement, order, deposition or record with the prescribedendorsement".

[Vide Karnataka Act 19 of 1985, s. 2.]

The original judgment shall be filed with the record of theproceedings and where the original is recorded in a language different from that of the Court, and the accused sorequires, a translation thereof into the language of the Court shall be added to such record.

In cases tried by the Courtof Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of itsor his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

(1) When the Court ofSession passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall notbe executed unless it is confirmed by the High Court.

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

(1) If, when suchproceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidencetaken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or takesuch evidence itself, or direct it to be made or taken by the Court of Session.

(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with whensuch inquiry is made or such evidence is taken.

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry orevidence shall be certified to such Court.

In any case submitted undersection 366, the High Court--

(a) may confirm the sentence, or pass any other sentence warranted by law, or

(b) may annul the conviction and convict the accused of any offence of which the Court of Session mighthave convicted him, or order a new trial on the same or an amended charge, or

(c) may acquit the accused person:

Provided that no order of confirmation shall be made under this section until the period allowed for preferring anappeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

In every case so submitted, theconfirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Courtconsists of two or more Judges, be made, passed and signed by at least two of them.

Where any such case is heard before a Bench of Judges andsuch Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.

In cases submitted by the Court ofSession to the High Court for the confirmation of a sentence of death, 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 theorder, under the seal of the High Court and attested with his official signature, to the Court of Session.

No appeal shall lie from any judgment or order of aCriminal Court except as provided for by this Code by any other law for the time being in force:

1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquittingthe accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to theCourt to which an appeal ordinarily lies against the order of conviction of such Court.]

1. Ins. by Act 5 of 2009, s. 29 (w.e.f. 31-12-2009).

Any person,---

(i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before aSessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122.

(1) Any person convicted on a trial held by a High Court in its extraordinaryoriginal criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial heldby any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him oragainst any other person convicted at the same trial], may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,--

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of thefirst class, or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under section 360 by anyMagistrate,

may appeal to the Court of Session.

STATE AMENDMENT

Assam

In Section 374 of the Code, in clause (a) of sub-section (3), for the words "Magistrate of the firstclass, or of the second class," the words u201cMagistrate of the first class, Executive Magistrate or aMagistrate of the second class," shall be substituted.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

1. Subs. by Act 45 of 1978, s. 28, for "has been passed" (w.e.f. 18-12-1978).

Notwithstanding anything contained in section374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,---

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or secondclass, except as to the extent or legality of the sentence.

Notwithstanding anything contained in section 374, there shall be no appealby a convicted person in any of the following cases, namely:---

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or offine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for aterm not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonmentand fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only asentence of fine not exceeding two hundred rupees:

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, butsuch sentence shall not be appealable merely on the ground---

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does notexceed the amount hereinbefore specified in respect of the case.

(1) Save as otherwise provided in sub-section (2),the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct thePublic Prosecutor to present 1[an appeal against the sentence on the ground of its inadequacy---

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.]

(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special PoliceEstablishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any otheragency empowered to make investigation into an offence under any Central Act other than this Code, 2[the CentralGovernment may also direct] the Public Prosecutor to present 3[an appeal against the sentence on the ground of itsinadequacy---

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.]

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, 4[the Court of Sessionor, as the case may be, the High Court] shall not enhance the sentence except after giving to the accused areasonable opportunity of showing cause against such enhancement and while showing cause, the accused mayplead for his acquittal or for the reduction of the sentence.

1. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23-6-2006).

2. Subs. by Act 45 of 1978, s. 29, for certain words (w.e.f. 18-12-1978).

3. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23-6-2006).

4. Subs. by s. 31, ibid., for "the High Court" (w.e.f. 23-6-2006).

1[(1) Save as otherwise provided in sub-section (2), and subject to theprovisions of sub-sections (3) and (5),--

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court ofSession from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the HighCourt from an original or appellate order of acquittal passed by any Court other than a High Court [not being anorder under clause (a)] or an order of acquittal passed by the Court of Session in revision.]

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the DelhiSpecial Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or byany other agency empowered to make investigation into an offence under any Central Act other than this Code, 2[theCentral Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present anappeal---

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable andnon-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than aHigh Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session inrevision.]

(3)3[No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with theleave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on anapplication made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal,the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shallbe entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixtydays in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order ofacquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

1. Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 23-6-2006).

2. Subs. by s. 32, ibid., for certain words (w.e.f. 23-6-2006).

3. Subs. by s. 32, ibid., for No appeal (w.e.f. 23-6-2006).

Where the High Court has, on appeal,reversed an order of acquittal of an accused person and convicted him and sentenced him to death or toimprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

Notwithstanding anything contained in this Chapter, whenmore persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect ofany of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

(1) Subject to the provisions of sub-section (2), an appeal to theCourt of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heardand disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only suchappeals as the Sessions Judge of the division may, by general or special order, make over to him or as the HighCourt may, by special order, direct him to hear.

Every appeal shall be made in the form of a petition in writing presented by theappellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) beaccompanied by a copy of the judgment or order appealed against.

STATE AMENDMENT

Andaman and Nicobar Islands (U.T.).

Section 382 shall be re-numbered as sub-section (1) of that section, and sub-section (1) as sore-numbered, the following provisos and Explanation shall be added, namely: --

"Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court,the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below therank of Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, whenany such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereonthe date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or otherdifficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for thesuspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him undersection 383, exercise all or any of the powers of the proper Appellate Court and sub-section (1) of section389 with regard to suspension of sentence or release of a convicted person on bail:

Provided further that the order so made by Administrator or the Executive Magistrate shall haveeffect until it is reversed or modified by the proper Appellate Court.

Explanation:--For the purposes of the provisos to this section, and section 383, Administrator, inrelation to a Union territory means the Administrator appointed by the President under article 239 of theConstitution, for that Union territory.";

In section 382 after sub-section (1) as so re-numbered, the following sub-section shall be inserted,namely:--

"(2) For purposes of computation of the period of limitation, and for all other purposes, an appealpresented to an Administrator or an Executive Magistrate under sub-section (1) or as the case may be,under section 383, shall be deemed to be an appeal presented to the proper Appellate Court.";

[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]

If the appellant is in jail, he may present his petition of appeal andthe copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition andcopies to the proper Appellate Court.

STATE AMENDMENTS

Andaman and Nicobar Islands (U.T.).

In section 383, the following words shall be inserted at the end, namely: --

u201cor if, by reason of the weather, transport or other difficulties, it is not possible to forward them to theproper Appellate Court they shall be forwarded to the Administrator or an Executive Magistrate, notbelow the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies,record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court.".

[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]

(1) If upon examining the petition of appeal and copy of the judgmentreceived under section 382 or section 383, the Appellate Court considers that there is no sufficient ground forinterfering, it may dismiss the appeal summarily:

Provided that---

(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had areasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonableopportunity of being heard in support of the same, unless the Appellate Court considers that the appeal isfrivolous or that the production of the accused in custody before the Court would involve such inconvenience aswould be disproportionate in the circumstances of the case;

(c) no appeal presented under section 383 shall be dismissed summarily until the period allowed forpreferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the ChiefJudicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily under this section and theAppellate Court finds that another petition of appeal duly presented under section 382 on behalf of the sameappellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, ifsatisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance withlaw.

(1) If the Appellate Court does not dismissthe appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given--

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer,complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in thatCourt, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of theappeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellantshall not, except with the leave of the Court, urge or be heard in support of any other ground.

After perusing such record and hearing the appellant or his pleader, ifhe appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, theaccused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering,dismiss the appeal, or may---

(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, orthat the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence onhim according to law;

(b) in an appeal from a conviction---

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by aCourt of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

(ii) alter the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of thesentence, but not so as to enhance the same---

(c) in an appeal for enhancement of sentence---

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by aCourt competent to try the offence, or

(ii) alter the finding maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of thesentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing causeagainst such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in itsopinion the accused has committed, than might have been inflicted for that offence by the Court passing the order orsentence under appeal.

The rules contained in Chapter XXVII as to the judgmentof a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of aCourt of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required toattend, to hear judgment delivered.

(1) Whenever a case is decided onappeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding,sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate otherthan the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief JudicialMagistrate, and if such Court is that of an Executive Magistrate, the High Courts judgment or order shall be sentthrough the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as areconformable to the judgment or order of the High Court; and if necessary, the record shall be amended inaccordance therewith.

(1) Pending any appeal by aconvicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of thesentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or onhis own bond:

1[Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who isconvicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than tenyears, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:

Provided further that in cases where a convicted person is released on bail it shall be open to the PublicProsecutor to file an application for the cancellation of the bail.]

(2) The power conferred by this section on a Appellate Court may be exercised also by the High Court in thecase of an appeal by a convicted person to a Court subordinate thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal,the Court shall,

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or

(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,

order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period aswill afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); andthe sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the timeduring which he is so released shall be excluded in computing the term for which he is so sentenced.

1. Ins. by Act 25 of 2005, s. 33 (w.e.f. 23-6-2006).

When an appeal is presented under section 378, the HighCourt may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, andthe Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him tobail.

(1) In dealing with any appealunder this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons andmay either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a HighCourt, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify suchevidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.

(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were aninquiry.

When an appeal under this Chapteris heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions,shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver hisopinion, and the judgment or order shall follow that opinion:

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judgeunder this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.

Judgments and orders passed by an Appellate Court uponan appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384or Chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Courtmay hear and dispose of, on the merits,

(a) an appeal against acquittal under section 378, arising out of the same case, or

(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.

(1) Every other appeal under section 377 or section 378 shall finally abate on thedeath of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on thedeath of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and theappellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of theappellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall notabate.

Explanation.---In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.

(1) Where any Court is satisfied that a case pending before it involves aquestion as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinanceor Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act,Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court towhich that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and thereasons therefor, and refer the same for the decision of the High Court.

Explanation.---In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897(10 of 1897), or in the General Clauses Act of a State.

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it orhim to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question oflaw arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending thedecision of the High Court thereon, either commit the accused to jail or release him on bail to appear when calledupon.

(1) When a question has been so referred, theHigh Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Courtby which the reference was made, which shall dispose of the case conformably to the said order.

(2) The High Court may direct by whom the costs of such reference shall be paid.

(1) The High Court or any Sessions Judge may callfor and examine the record of any proceeding before any inferior Criminal Court situate within its or his localjurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding,sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may,when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused isin confinement that he be released on bail or on his own bond pending the examination of the record.

Explanation.---All Magistrates, whether Executive or Judicial, and whether exercising original or appellatejurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and ofsection 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutoryorder passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the SessionsJudge, no further application by the same person shall be entertained by the other of them.

On examining any record under section 397 or otherwise, the High Court or theSessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to himto make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, furtherinquiry into any complaint which has been dismissed under section 203 or sub-section (4) of section 204, or into thecase of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person whohas been discharged unless such person has had an opportunity of showing cause why such direction should not bemade.

(1) In the case of any proceeding the record of which has beencalled for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the HighCourt under sub-section (1) of section 401.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), theprovisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding andreferences in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, thedecision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way ofrevision at the instance of such person shall be entertained by the High Court or any other Court.

An Additional Sessions Judge shall have and may exercise all thepowers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or underany general or special order of the Sessions Judge.

(1) In the case of any proceeding the record of which has been calledfor by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of thepowers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307,and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed ofin the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has hadan opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into oneconviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall beentertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court byany person and the High Court is satisfied that such application was made under the erroneous belief that no appeallies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application forrevision as a petition of appeal and deal with the same accordingly.

(1) Whenever one or more personsconvicted at the same trial makes or make application to a High Court for revision and any other person convicted atthe same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to thegeneral convenience of the parties and the importance of the questions involved, which of the two Courts shouldfinally dispose of the applications for revision and when the High Court decides that all the applications for revisionshould be disposed of by itself, the High Court shall direct that the applications for revision pending before theSessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of theapplications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the sameas if it were an application duly made before itself.

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with thesame as if it were an application duly made before himself.

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no furtherapplication for revision shall lie to the High Court or to any other Court at the instance of the person or personswhose applications for revision have been disposed of by the Sessions Judge.

Save as otherwise expressly provided by this Code, no party has anyright to be heard either personally or by pleader before any Court exercising its powers of revision; but the Courtmay, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Sessionunder section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision ororder and any facts which he thinks material to the issue, and that Court shall consider such statement beforeoverruling or setting aside the said decision or order.

When a case is revised under this Chapter by theHigh Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order tothe Court by which the finding, sentence or order revised was recorded or passed, and the Court to which thedecision or order is so certified shall thereupon make such orders as are conformable to the decision so certified,and, if necessary, the record shall be amended in accordance therewith.

(1) Whenever it is made to appear to theSupreme Court that an order under this section is expedient for the ends of justice, it may direct that any particularcase or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate toone High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney-General of India orof a party interested, and every such application shall be made by motion, which shall, except when the applicant isthe Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the SupremeCourt may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way ofcompensation to any person who has opposed the application such sum not exceeding one thousand rupees as it mayconsider appropriate in the circumstances of the case.

(1) Whenever it is made to appear to the HighCourt---

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the generalconvenience of the parties or witnesses, or is expedient for the ends of justice,

it may order---

(i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (bothinclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Courtsubordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(iii) that any particular case be committed for trial to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, oron its own initiative:

Provided that no application shall lie to the High Court for transferring a case from one Criminal Court toanother Criminal Court in the same sessions division, unless an application for such transfer has been made to theSessions Judge and rejected by him.

(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when theapplicant is the Advocate-General of the State, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to executea bond, with or without sureties, for the payment of any compensation which the High Court may award undersub-section (7).

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of theapplication, together with a copy of the grounds on which it is made; and no order shall be made on the merits of theapplications unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of theapplication.

(6) Where the application is for the transfer of a case or appeal from any Subordinate Court, the High Courtmay, if it is satisfied that it is necessary so to do in the interest of Justice, order that, pending the disposal of theapplication the proceedings in the Subordinate Court shall be stayed, on such terms as the High Court may think fitto impose:

Provided that such stay shall not affect the Subordinate Courts power of remand under section 309.

(7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinionthat the application was frivolous or vexatious, order the applicant to pay by way of compensation to any personwho has opposed the application such sum not exceeding one thousand rupees as it may consider proper in thecircumstances of the case.

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial beforeitself, it shall observe in such trial the same procedure which that Court would have observed if the case had notbeen so transferred.

(9) Nothing in this section shall be deemed to affect any order of Government under section 197.

(1) Whenever it is made to appear to aSessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that anyparticular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a partyinterested, or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to anapplication to the Sessions, Judge for an order under sub-section (1) as they apply in relation to an application to theHigh Court for an order under sub-section (1) of section 407 except that sub-section (7) of that section shall so applyas if for the words "one thousand rupees" occurring therein, the words "two hundred and fifty rupees" weresubstituted.

STATE AMENDMENT

Kerala

Amendment of section 408. --In section 408 of the principal Act, for the words "any other Magistrate", thewords "other Magistrate of the first class", and for the words "any Magistrate" the words "a Magistrate of the firstclass", shall be substituted.

[Vide Kerala Act 5 of 1957, s. 3.]

(1) A Sessions Judge may withdraw any case orappeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief JudicialMagistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the AdditionalSessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional SessionsJudge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he mayeither try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions ofthis Code to another Court for trial or hearing, as the case may be.

STATE AMENDMENT

Kerala

Substitution of new section for section 409. --For section 409 of the principal Act, the following section shallbe substituted, namely:--

409. Appeals to Court of Section how heard.--An appeal to the Court of Session or Sessions Judge shallbe heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an Additional Sessions Judge shall hear only such appeals as the State Government may, bygeneral or special order, direct or as the Sessions Judge of the division may make over to him.

[Vide Kerala Act 5 of 1957, s. 4.]

(1) Any Chief Judicial Magistrate may withdraw any casefrom, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or trysuch case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try thesame.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to anyother Magistrate and may inquire into or try such cases himself.

Any District Magistrate orSub- Divisional Magistrate may---

(a) make over, for disposal, any proceeding which has been started before him, to any Magistratesubordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate tohim, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

A Sessions Judge or Magistrate making an order under section 408, section409, section 410 or section 411 shall record his reasons for making it.

When in a case submitted to the High Court for theconfirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of theHigh Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other stepsas may be necessary.

When a sentence of death is passed by the HighCourt in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause thesentence to be carried into effect by issuing a warrant.

(1) Where aperson is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court undersub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order theexecution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, anappeal is preferred within that period, until such appeal is disposed of.

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes anapplication to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) ofarticle 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until suchapplication is disposed of by the High Court, or if a certificate is granted on such application, until the periodallowed for preferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that theperson sentenced intends to present a petition to the Supreme Court for the grant of special leave to appeal underarticle 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for suchperiod as it considers sufficient to enable him to present such petition.

If a woman sentenced to death is found to bepregnant, the High Court shall 1[], commute the sentence to imprisonment for life.

1. Certain words omitted by Act 5 of 2009, s. 30 (w.e.f. 31-12-2009).

(1) Except when otherwise provided by any law for the timebeing in force, the State Government may direct in what place any person liable to be imprisoned or committed tocustody under this Code shall be confined.

(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civiljail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to acriminal jail.

(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, besent back to the civil jail, unless either---

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed tohave been released from the civil jail under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), orsection 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of thecriminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908),or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.

(1) Where the accused is sentenced to imprisonment for life orto imprisonment for a term in cases other than those provided for by section 413, the Court passing the sentenceshall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless theaccused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:

Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not benecessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court maydirect.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned insub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or otherplace in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.

Every warrant for the execution of a sentence of imprisonmentshall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

When the prisoner is to be confined in a jail, the warrant shall belodged with the jailor.

(1) When an offender has been sentenced to pay a fine, the Court passing thesentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may--

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging tothe offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of landrevenue from the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, andif such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless,for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for thepayment of expenses or compensation out of the fine under section 357.

(2) The State Government may make rules regulating the manner in which warrants under clause (a) of subsection (1) are to be executed, and for the summary determination of any claims made by any person other than theoffender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shallrealise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant werea certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

A warrant issued under clause (a) of sub-section (1) of section 421 by any Courtmay be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of anysuch property outside such jurisdiction, when it is endorsed by the District Magistrate within whose localjurisdiction such property is found.

Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offenderhas been sentenced to pay a fine by a Criminal Court in any territory to which this Code does not extend and theCourt passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends,authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be awarrant issued under clause (b) of sub-section (1) of section 421 by a Court in the territories to which this Codeextends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall applyaccordingly.

(1) When an offender has been sentenced tofine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may--

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from thedate of the order, or in two or three instalments, of which the first shall be payable on or before a date not morethan thirty days from the date of the order and the other or others at an interval or at intervals, as the case maybe, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by theoffender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before theCourt on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be,is to be made; and if the amount of the fine or of any instalment, as the case may be, is not realised on or beforethe latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to becarried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment ofmoney has been made on non-recovery of which imprisonment may be awarded and the money is not paidforthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as isreferred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.

Every warrant for the execution of a sentence may be issued either by theJudge or Magistrate who passed the sentence, or by his successor-in-office.

(1) When a sentence of death, imprisonment for lifeor fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbeforecontained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this Code on an escaped convict,---

(a) if such sentence is severer in kind than the sentence which such convict was undergoing when heescaped, the new sentence shall take effect immediately;

(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when heescaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to thatwhich, at the time of his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer inkind than a sentence of simple imprisonment.

(1) When a person already undergoing asentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, suchimprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has beenpreviously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previoussentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 122 in defaultof furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committedprior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequentconviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently withsuch previous sentence.

Where an accused person has, on conviction, been sentenced to imprisonment for a term, 1[not being imprisonmentin default of payment of fine], the period of detention, if any, undergone by him during the investigation, inquiry ortrial of the same case and before the date of such conviction, shall be set off against the term of imprisonmentimposed on him on such conviction, and the liability of such person to undergo imprisonment on such convictionshall be restricted to the remainder, if any, of the term of imprisonment imposed on him:

2[Provided that in cases referred to in section 433A, such period of detention shall be set off against the periodof fourteen years referred to in that section.]

1. Ins. by Act 45 of 1978, s. 31 (w.e.f.18-12-1978).

2. Ins. by Act 25 of 2005, s. 34 (w.e.f. 23-6-2006).

(1) Nothing in section 426 or section 427 shall be held to excuse any person from any part of thepunishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence ofimprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentenceor further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in defaultof payment of the fine until the person has undergone the further sentence or sentences.

When a sentence has been fully executed, the officerexecuting it shall return the warrant to the Court from which it is issued, with an endorsement under his handcertifying the manner in which the sentence has been executed.

Any money (other than a fine) payable by virtue ofany order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shallbe recoverable as if it were a fine:

Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, beconstrued as if in the proviso to sub-section (1) of section 421, after the words and figures "under section 357", thewords and figures "or an order for payment of costs under section 359" had been inserted.

(1) When any person has been sentenced to punishment for anoffence, the appropriate Government may, at any time, without conditions or upon any conditions which the personsentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to whichhe has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of asentence, the appropriate Government may require the presiding Judge of the Court before or by which theconviction was had or confirmed, to state his opinion as to whether the application should be granted or refused,together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy ofthe record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriateGovernment, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon theperson in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any policeofficer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled bythe person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension ofsentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the ageof eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained,unless the person sentenced is in jail, and--

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of thejail; or

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is injail.

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under anysection of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon himor his property.

(7) In this section and in section 433, the expression "appropriate Government" means,---

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passedunder, any law relating to a matter to which the executive power of the Union extends, the Central Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said order ispassed.

The appropriate Government may, without the consent of the personsentenced, commute--

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or forfine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person mighthave been sentenced, or for fine;

(d) a sentence of simple imprisonment, for fine.

1[433A. Restriction on powers of remission or commutation in certain cases. Notwithstanding anythingcontained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for anoffence for which death is one of the punishments provided by law, or where a sentence of death imposed on aperson has been commuted under section 433 into one of imprisonment for life, such person shall not be releasedfrom prison unless he had served at least fourteen years of imprisonment.]

1. Ins. by Act 45 of 1978, s. 32 (w.e.f.18-12-1978).

The powers conferred bysections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by theCentral Government.

(1) Thepowers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any casewhere the sentence is for an offence--

(a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi SpecialPolice Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into anoffence under any Central Act other than this Code, or

(b) which involved the misappropriation or destruction of, or damage to, any property belonging to theCentral Government, or

(c) which was committed by a person in the service of the Central Government while acting or purportingto act in the discharge of his official duty,

shall not be exercised by the State Government except after consultation with the Central Government.

(2) No order of suspension, remission or commutation of sentences passed by the State Government in relationto a person, who has been convicted of offences, some of which relate to matters to which the executive power ofthe Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently,shall have effect unless an order for the suspension, remission or commutation, as the case may be, of suchsentences has also been made by the Central Government in relation to the offences committed by such person withregard to matters to which the executive power of the Union extends.

(1) When any person other than a person accused of a non-bailableoffence is arrested or detained without warrant by an officer in charge of a police station, or appears or is broughtbefore a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedingbefore such Court to give bail, such person shall be released on bail:

Provided that such officer or Court, if he or it thinks fit, 1[may, and shall, if such person is indigent and isunable to furnish surety, instead of taking bail] from such person, discharge him on his executing a bond withoutsureties for his appearance as hereinafter provided.

2[Explanation.--Where a person is unable to give bail within a week of the date of his arrest, it shall be asufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of thisproviso:]

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) ofsection 116 3[or section 446A].

(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with theconditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail,when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any suchrefusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay thepenalty thereof under section 446.

1. Subs. by Act 25 of 2005, s. 35, for certain words (w.e.f. 23-6-2006).

2. Ins. by s. 35, ibid. (w.e.f. 23-6-2006).

3. Ins. by Act 63 of 1980, s. 4 (w.e.f. 23-9-1980).

1[436A. Maximum period for which an undertrial prisoner can be detained. Where a person has, duringthe period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence forwhich the punishment of death has been specified as one of the punishments under that law) undergone detention fora period extending up to one-half of the maximum period of imprisonment specified for that offence under that law,he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing,order the continued detention of such person for a period longer than one-half of the said period or release him onbail instead of the personal bond with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry ortrial for more than the maximum period of imprisonment provided for the said offence under that law.

Explanation.--In computing the period of detention under this section for granting bail, the period of detentionpassed due to delay in proceeding caused by the accused shall be excluded.]

1. Ins. by Act 25 of 2005, s. 36 (w.e.f. 23-6-2006).

1[(1) When any person accused of, orsuspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer incharge of a police station or appears or is brought before a Court other than the High Court or Court of session, hemay be released on bail, but--

(i) such person shall not be so released if there appear reasonable grounds for believing that he has beenguilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previouslyconvicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more,or he had been previously convicted on two or more occasions of 2[a cognizable offence punishable withimprisonment for three years or more but not less than seven years:]

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if suchperson is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it issatisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified by witnesses duringinvestigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bailand gives an undertaking that he shall comply with such directions as may be given by the Court:]

3[Provided also that no person shall, if the offence alleged to have been committed by him is punishable withdeath, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under thissub-section without giving an opportunity of hearing to the Public Prosecutor.]

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be,that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but thatthere are sufficient grounds for further inquiry into his guilt, 4[the accused shall, subject to the provisions of section446A and pending such inquiry, be released on bail], or, at the discretion of such officer or Court, on the executionby him of a bond without sureties for his appearance as hereinafter provided.

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment whichmay extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the IndianPenal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bailunder sub-section (1),5[the Court shall impose the conditions,---

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected,of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any personacquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to anypolice officer or tamper with the evidence,

and may also impose, in the interests of justice, such other conditions as it considers necessary.]

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record inwriting his or its 6[reasons or special reasons] for so doing.

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considersit necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is notconcluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, ifhe is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unlessfor reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and beforejudgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is notguilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond withoutsureties for his appearance to hear judgment delivered.

1. Subs. by Act 63 of 1980, s. 5, for sub-section (1) (w.e.f. 23-9-1980).

2. Subs. by Act 25 of 2005, s. 37, for "a non-bailable and cognizable offence" (w.e.f. 23-6-2006).

3. Ins. by s. 37, ibid. (w.e.f. 23-6-2006).

4. Subs. by Act 63 of 1980, s. 5, for certain words (w.e.f. 23-9-1980).

5. Subs. by Act 25 of 2005, s. 37, for certain words (w.e.f. 23-6-2006).

6. Subs. by Act 63 of 1980, s. 5, for "reasons" (w.e.f. 23-9-1980).

1[(1) Before conclusion of the trialand before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shallrequire the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Courtissues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bailbonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.]

1. Ins. by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009)

(1) When any person has reason to believethat he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the HighCourt or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in theevent of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include suchconditions in such directions in the light of the facts of the particular case, as it may think fit, including--

(i) a condition that the person shall make himself available for interrogation by a police officer as and whenrequired;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise toany person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court orto any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail weregranted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on suchaccusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail,he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should beissued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of theCourt under sub-section (1).

STATE AMENDMENTS

West Bengal.--

To sub-section (1) of section 438 of the principal Act, the following proviso shall be added:---

"Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application withoutgiving the State not less than seven daysu2019 notice to present its case.

[Vide West Bengal Act 47 of 1981, s. 3.]

West Bengal.--

For sub-section (1) of section 438, of the principal Act the following sub-sections shall be substituted,namely:--

"(1) (a) When any person has reason to believe that he may be arrested on an accusation of having committed anon-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section thatin the event of such arrest, he shall be released on bail:

Provided that the mere fact that a person has applied to the High Court or the Court of Session for a directionunder this section shall not, in the absence of any order by that Court, be a bar to the apprehension of such person, orthe detention of such person in custody, by an officer-in-charge of a police station.

(b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a directionunder this sub-section within thirty days of the date of such application:

Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment forlife or imprisonment for a term of not less than seven years, no final order shall be made on such application withoutgiving the State not less than seven days notice to present its case.

(c) If any person is arrested and detained in custody by an officer-in-charge of a police station before thedisposal of the application of such person for a direction under this sub-section, the release of such person on bail bya Court having jurisdiction, pending such disposal, shall be subject to the provisions of section 437.

(1A) The provisions of sub-section (1) shall have effect notwithstanding anything to the contrary containedelsewhere in this Act or in any judgment, decree or order of any Court, tribunal or other authority.".

[Vide West Bengal Act 25 of 1990, s. 3.]

(1) A High Court or Court ofSession may direct,--

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of thenature specified in sub-section (3) of section 437, may impose any condition which it considers necessary forthe purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of anoffence which is triable exclusively by the Court of Session or which, though not so triable, is punishable withimprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to berecorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under thisChapter be arrested and commit him to custody.

STATE AMENDMENT

Assam.--

439-A. Power to grant bail.--(1) Notwithstanding anything contained in this Code, no person--

(a) who, being accused or suspected of committing an offence under any of the following Sections,namely, ---Sections 120B, 121, 121A, 122, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 363, 364,365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860,Sections 3, 4, 5 and 6 of the Indian Explosive Substances Act, 1908, and Sections 25,26, 27, 28, 29, 30and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or

(b) who, having any reason to believe that he may be arrested on an accusation of committing anoffence as specified in clause (a), has applied to the High Court or the Court of Sessions for a directionfor his release on bail in the event of his arrest, shall be released on bail or as the case may be, directed tobe released on bail, except on one or more of the following grounds, namely: --

(i) that the Court including the High Court or the Court of Session for reasons to be recorded inwriting is satisfied that there are reasonable grounds for believing that such person is not guilty of anyoffence specified in clause (a);

(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;

(iii) that the court including the High Court or the Court of Sessions for reasons to be recorded inwriting is satisfied that there are exceptional and sufficient grounds to release or direct the release ofthe accused on bail."

[Vide Assam Act 3 of 1984, s. 5.]

(1) The amount of every bond executed under this Chaptershall be fixed with due regard to the circumstances of the case and shall not be excessive.

(2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate bereduced.

(1) Before any person is released on bail or released on his own bond, abond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed bysuch person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shallattend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by thepolice officer or Court, as the case may be.

(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain thatcondition.

(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at theHigh Court, Court of Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits inproof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary,may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to suchsufficiency or fitness.

STATE AMENDMENTS

Andhra Pradesh

Amendment of Section 441 Central Act 2 of 1974.--In the Code of Criminal Procedure, 1973(hereinafter referred to as the Principal Act) in section 441, in sub-section (1), the following words shallbe added at the end, namely. --

u201cand for imposition of a fine not exceeding the amount prescribed in the surety bond, in case the suretyfails to produce the accused on the date fixed by the court in grave/serious offences."

[Vide Andhra Pradesh Act 17 of 2019, s. 2]

1[441A. Declaration by sureties. Every person standing surety to an accused person for his release on bail,shall make a declaration before the Court as to the number of persons to whom he has stood surety including theaccused, giving therein all the relevant particulars.]

1. Ins. by Act 25 of 2005, s. 39 (w.e.f. 23-6-2006).

(1) As soon as the bond has been executed, the person for whose appearance ithas been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order ofrelease to the officer in charge of the jail, and such officer on receipt of the orders shall release him.

(2) Nothing in this section, section 436 or section 437, shall be deemed to require the release of any personliable to be detained for some matter other than that in respect of which the bond was executed.

If, through mistake, fraud orotherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue awarrant of arrest directing that the person released on bail be brought before it and may order him to find sufficientsureties, and, on his failing so to do, may commit him to jail.

(1) All or any sureties for the attendance and appearance of a person released onbail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person soreleased be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shalldirect the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person tofind other sufficient sureties, and, if he fails to do so, may commit him to jail.

/h1STATE AMENDMENT

West Bengal

In section 444 of the Principal Act,--

(1) in sub-section (1) after the words u201cat any timeu201d, the words, u201con showing sufficient cause,u201d shall be inserted;

(2) after sub-section (1), the following sub-section shall be inserted:--

"(1A) On such application being made, the Magistrate may either hold an inquiry himself, or causean inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, inthe application to discharge the bond as stated in sub-section (1)u201d;

(3) for sub-section (2), the following sub-section shall be substituted:--

"(2) If the Magistrate is satisfied, on enquiry made under sub-section (1A), that all or any of thesureties applying for discharge may be discharged, he shall issue warrant of arrest directing that theperson so released be brought before him.u201d

[Vide West Bengal Act 24 of 2003, s. 3.]

When any person is required by any Court or officer to execute a bondwith or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him todeposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu ofexecuting such bond.

STATE AMENDMENT

West Bengal

In section 445 of the principal Act,--

(a) the words "with or without sureties" shall be omitted; and

(b) for the word "permit", the word "direct" shall be substituted.

[Vide West Bengal Act 24 of 2003, s. 4.]

(1) Where a bond under this Code is for appearance, or forproduction of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which thecase has subsequently been transferred, that the bond has been forfeited,

or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which thebond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of anyMagistrate of the first class, that the bond has been forfeited,

the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay thepenalty thereof or to show cause why it should not be paid.

Explanation.--A condition in a bond for appearance, or for production of property, before a Court shall beconstrued as including a condition for appearance, or as the case may be, for production of property, before anyCourt to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as ifsuch penalty were a fine imposed by it under this Code:

1[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person sobound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civiljail for a term which may extend to six months.]

(3) The Court may, 2[after recording its reasons for doing so], remit any portion of the penalty mentioned andenforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability inrespect of the bond.

(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convictedof an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed inlieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of suchoffence may be used as evidence in proceedings under this section against his surety or sureties, and, if suchcertified copy is so used, the Court shall presume that such offence was committed by him unless the contrary isproved.

1. Added by Act 63 of 1980, s. 6 (w.e.f. 23-9-1980).

2. Subs. by Act 25 of 2005, s. 40, for "at its discretion" (w.e.f. 23-6-2006).

1[446A. Cancellation of bond and bail bond. Without prejudice to the provisions of section 446, where abond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition,---

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties inthat case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or theCourt, as the case may be, for appearance before whom the bond was executed, is satisfied that there was nosufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Code he may be released in that case upon the execution ofa fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or theCourt, as the case may be, thinks sufficient.]

1. Ins. by Act 63 of 1980, s. 7 (w.e.f. 23-9-1980).

When any surety to abond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446,the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whomsuch security was demanded to furnish fresh securities in accordance with the directions of the original order, and ifsuch security is not furnished, such Court or Magistrate may proceed as if there had been a default in complyingwith such original order.

When the person required by any Court, or officer to execute a bond is aminor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

All orders passed under section 446 shall be appealable,---

(i) in the case of an order made by a Magistrate, to the Sessions Judge;

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an ordermade by such Court.

The High Court or Court of Sessionsmay direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court orCourt of Session.

When any property isproduced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit forthe proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject tospeedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as itthinks necessary, order it to be sold or otherwise disposed of.

Explanation.---For the purposes of this section, "property" includes--

(a) property of any kind or document which is produced before the Court or which is in its custody;

(b) any property regarding which an offence appears to have been committed or which appears to havebeen used for the commission of any offence.

(1) When an inquiry or trial in any CriminalCourt is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation ordelivery to any person claiming to be entitled to possession thereof or otherwise, of any property or documentproduced before it or in its custody, or regarding which any offence appears to have been committed, or which hasbeen used for the commission of any offence.

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to beentitled to the possession thereof, without any condition or on condition that he executes a bond, with or withoutsecurities, to the satisfaction of the Court, engaging to restore such property to the Court if the order made undersub-section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to bedelivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457,458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has beenexecuted in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for twomonths, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term "property" includes, in the case of property regarding which an offence appears tohave been committed, not only such property as has been originally in the possession or under the control of anyparty, but also any property into or for which the same may have been converted or exchanged, and anythingacquired by such conversion or exchange, whether immediately or otherwise.

When any person is convicted of anyoffence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other personbought the stolen property from him without knowing or having reason to believe that the same was stolen, andthat any money has on his arrest been taken out of the possession of the convicted person, the Court may, on theapplication of such purchaser and on the restitution of the stolen property to the person entitled to the possessionthereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

(1) Any person aggrieved by an order madeby a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie fromconvictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, ormay modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation orrevision while dealing with the case in which the order referred to in sub-section (1) was made.

(1) On a conviction under section 292, section 293, section501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of thething in respect of which the conviction was had, and which are in the custody of the Court or remain in thepossession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 ofthe Indian Penal Code (45 of 1860), order the food, drink, drug or medical preparation in respect of which theconviction was had, to be destroyed.

(1) When a person is convicted of an offenceattended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by suchforce or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may,if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, anyother person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal,confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, asthe case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relationthereto as they apply in relation to an order under section 453.

(4) No order made under this section shall prejudice any right or interest to or in such immovable propertywhich any person may be able to establish in a civil suit.

(1) Whenever the seizure of property by any policeofficer is reported to a Magistrate under the provisions of this Code, and such property is not produced before aCriminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposalof such property or the delivery of such property to the person entitled to the possession thereof, or if such personcannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on suchconditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall,in such case, issue a proclamation specifying the articles of which such property consists, and requiring any personwho may have a claim thereto, to appear before him and establish his claim within six months from the date of suchproclamation.

(1) If no person within such periodestablishes his claim to such property, and if the person in whose possession such property was found is unable toshow that it was legally acquired by him, the Magistrate may by order direct that such property shall be at thedisposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealtwith in such manner as may be prescribed.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions bythe Magistrate.

If the person entitled to the possession of such property is unknownor absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reportedis of opinion that its sale would be for the benefit of the owner, or that the value of such property is 1[less than fivehundred rupees], the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458shall, as nearly as may be practicable, apply to the net proceeds of such sale.

1. Subs. by Act 25 of 2005, s. 41, for less than ten rupees (w.e.f. 23-6-2006).

If any Magistrate not empowered by law to do any ofthe following things, namely:--

(a) to issue a search-warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold an inquest under section 176;

(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction whohas committed an offence outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;

(f) to make over a case under sub-section (2) of section 192;

(g) to tender a pardon under section 306;

(h) to recall a case and try it himself under section 410; or

(i) to sell property under section 458 or section 459,

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his notbeing so empowered.

If any Magistrate, not being empowered by law in this behalf,does any of the following things, namely:---

(a) attaches and sells property under section 83;

(b) issues a search-warrant for a document, parcel or other things in the custody of a postal or telegraphauthority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 133 as to a local nuisance;

(i) prohibits, under section 143, the repetition or continuance of a public nuisance;

(j) makes an order under Part C or Part D of Chapter X;

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190;

(l) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 325, on proceedings recorded by another Magistrate;

(o) decides an appeal;

(p) calls, under section 397, for proceedings; or

(q) revises an order passed under section 446,

his proceedings shall be void.

No finding, sentence or order of any Criminal Court shall be set asidemerely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed,took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error hasin fact occasioned a failure of justice.

(1) If any Court before which aconfession or other statement of an accused person recorded, or purporting to be recorded under section 164 orsection 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sectionshave not been complied with by the Magistrate recording the statement, it may, notwithstanding anything containedin section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, andmay, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he dulymade the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference and revision.

(1) No finding, sentence or order by aCourt of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on theground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in theopinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact beenoccasioned, it may,---

(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial berecommended from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a chargeframed in whatever manner it thinks fit:

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferredagainst the accused in respect of the facts proved, it shall quash the conviction.

(1) Subject to theprovisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall bereversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity inthe complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial orin any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for theprosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error orirregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to thefact whether the objection could and should have been raised at an earlier stage in the proceedings.

No attachment made under this Code shall bedeemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want ofform in the summons, conviction, writ of attachment or other proceedings relating thereto.

1For the purposes of this Chapter, unless the context otherwise requires, "period oflimitation" means the period specified in section 468 for taking cognizance of an offence.

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability ofLimitation) Act, 1974 (12 of 1974), s. 2 and Sch.

(1) Except as otherwise providedelsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2),after the expiry of the period of limitation.

(2) The period of limitation shall be---

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but notexceeding three years.

1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be triedtogether, shall be determined with reference to the offence which is punishable with the more severe punishment or,as the case may be, the most severe punishment.]

1. Ins. by Act 45 of 1978, s. 33 (w.e.f. 18.12.1978).

(1) The period of limitation, in relation to an offender,shall commence,---

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to anypolice officer, the first day on which such offence comes to the knowledge of such person or to any policeofficer, whichever is earlier; or

(c) where it is not known by whom the offence was committed, the first day on which the identity of theoffender is known to the person aggrieved by the offence or to the police officer making investigation into theoffence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

(1) In computing the period of limitation, the time duringwhich any person has been prosecuting with due diligence another prosecution, whether in a Court of firstinstance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and isprosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unableto entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction ororder, then, in computing the period of limitation, the period of the continuance of the injunction or order, theday on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time beingin force, the previous consent or sanction of the Government or any other authority is required for theinstitution of any prosecution for an offence, then, in computing the period of limitation, the period of suchnotice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation.---In computing the time required for obtaining the consent or sanction of the Government orany other authority, the date on which the application was made for obtaining the consent or sanction and thedate of receipt of the order of the Government or other authority shall both be excluded.

(4) In computing the period of limitation, the time during which the offender--

(a) has been absent from India or from any territory outside India which is under the administration ofthe Central Government, or

(b) has avoided arrest by absconding or concealing himself,

shall be excluded.

Where the period of limitation expires on a day whenthe Court is closed, the Court may take cognizance on the day on which the Court reopens.

Explanation.--A Court shall be deemed to be closed on any day within the meaning of this section, if,during its normal working hours, it remains closed on that day.

In the case of a continuing offence, a fresh period of limitation shall begin torun at every moment of the time during which the offence continues.

Notwithstanding anything contained in theforegoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of theperiod of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has beenproperly explained or that it is necessary so to do in the interests of justice.

When an offence is tried by the High Court otherwise than undersection 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions wouldobserve if it were trying the case.

(1) The CentralGovernment may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957(62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of theUnion, for the time being in force, as to cases in which persons subject to military, naval or air-force law, or suchother law, shall be tried by a Court to which this Code applies, or by a Court-martial; and when any person isbrought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to whichthis Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper casesdeliver him, together with a statement of the offence of which he is accused, to the commanding officer of theunit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the casemay be, for the purpose of being tried by a Court-martial.

Explanation.---In this section---

(a) "Unit" includes a regiment, corps, ship, detachment, group, battalion or Company,

(b) "Court-martial" includes any Tribunal with the powers similar to those of a Court-martial constitutedunder the relevant law applicable to the Armed Forces of the Union.

(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of anyunit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours toapprehend and secure any person accused of such offence.

(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State bebrought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.

Subject to the power conferred by article 227 of the Constitution, the forms set forth in theSecond Schedule, with such variations as the circumstances of each case require, may be used for the respectivepurposes therein mentioned, and if used shall be sufficient.

(1) Every High Court may, with the previous approval of the StateGovernment, make rules--

(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate toit;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees tobe charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority bywhich such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, prescribed.

(2) All rules made under this section shall be published in the Official Gazette.

1[478. Power to alter functions allocated to Executive Magistrate in certain cases. If the LegislativeAssembly of a State by a resolution so permits, the State Government may, after consultation with the High Court,by notification, direct that references in sections 108, 109, 110, 145 and 147 to an Executive Magistrate shall beconstrued as references to a Judicial Magistrate of the first class.]

STATE AMENDMENT

Andaman and Nicobar Islands U.T.

In the Code, as it applies to the Union territories to which this Regulation extends, in sections, 478, thewords u201cif the State Legislature by a resolution so requires.u201d Shall be omitted.

[Vide Andaman and Nicobar Islands U.T. Act 1 of 1974, s. 6.]

1. Subs. by Act 63 of 1980, s. 8, for s. 478 (w.e.f. 23-9-1980).

No Judge or Magistrate shall, exceptwith the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or inwhich he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment ororder passed or made by himself.

Explanation.--A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any caseby reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place inwhich an offence is alleged to have been committed, or any other place in which any other transaction material tothe case is alleged to have occurred, and made an inquiry in connection with the case.

No pleader who practises in the Court ofany Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

STATE AMENDMENT

Karnataka

Insertion of new section 480A. --After section 480 of the Code of Criminal Procedure, 1973 (Central Act 2 of1974) the following Section shall be inserted, namely:--

"480A. Other powers of Magistrate.--Any Judicial Magistrate or Executive Magistrate shall be entitled toattest, verify or authenticate any document brought before him for the purpose of attestation, verification orauthentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being inforce.".

[Vide Karnataka Act 35 of 1984, s. 2]

A public servant having anyduty to perform in connection with the sale of any property under this Code shall not purchase or bid for theproperty.

Nothing in this Code shall be deemed to limit or affect theinherent powers of the High Court to make such orders as may be necessary to give effect to any order under thisCode, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as toensure that there is an expeditious and proper disposal of cases by such Magistrates.

(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.

(2) Notwithstanding such repeal---

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application,trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall bedisposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code ofCriminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referredto as the old Code), as if this Code had not come into force:

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencementof this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;

(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictionsdefined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates,made under the Old Code and which are in force immediately before the commencement of this Code, shall bedeemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under thecorresponding provisions of this Code;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding wascommenced under that Code, shall be deemed to have been accorded or given under the correspondingprovisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction ofconsent;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Rulerwithin the meaning of article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on orbefore the commencement of this Code, nothing in this Code shall be construed as enabling any such application tobe made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor isprescribed by this Code or provisions are made in this Code for the extension of time.