|
THE CODE OF CRIMINAL PROCEDURE, 1973
CONTENTS
CHAPTER I
PRELIMINERY
1. Short title, extent and commencement
2. Definitions
3. Construction of references
4. Trial of offences under the Indian Penal Code and other laws
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Class of Criminal Courts
7. Territorial divisions
8. Metropolitan areas
9. Court of Session
10. Subordination of Assistant Sessions Judges
11. Courts of Judicial Magistrates
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
13. Special Judicial Magistrates
14. Local Jurisdiction of Judicial Magistrates
15. Subordination of Judicial Magistrates
16. Courts of Metropolitan Magistrates
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
18. Special Metropolitan Magistrates
19. Subordination of Metropolitan Magistrates
20. Executives Magistrates
21. Special Executive Magistrates
22. Local Jurisdiction of Executive Magistrates
23. Subordination of Executive Magistrates
24. Public Prosecutors
25. Assistant Public Prosecutors
CHAPTER III
POWER OF COURTS
26. Courts by which offences are triable
27. Jurisdiction in the case of juveniles
28. Sentences which High Courts and Sessions Judges may pass
29. Sentences which Magistrates may pass
30. Sentence of imprisonment in default of fine
31. Sentence in cases of conviction of several offences at one trial
32. Mode of conferring powers
33. Powers of officers appointed
34. Withdrawal of Powers
35. Powers of Judges and Magistrates exercisable by their successors-in-office
CHAPTER IV
A - POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police
B - AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police
38. Aid to person other than police officer, executing warrant
39. Public to give information of certain offences
40. Duty of officers employed in connection with the affairs of a village to make certain report
CHAPTER V
ARREST OF PERSONS
41. When police may arrest without warrant
42. Arrest on refusal to give name and residence
43. Arrest by private person and procedure on such arrest
44. Arrest by Magistrate
45. Protection of members of the Armed Forces from arrest
46. Arrest how made
47. Search of place entered by person sought to be arrested
48. Pursuit of offenders into other jurisdictions
49. No unnecessary restraint
50. Person arrested to be informed of grounds of arrest and of right to bail
51. Search of arrested persons
52. Power to seize offensive weapons
53. Examination of accused by medical practitioner at the request of police officer
54. Examination of arrested person by medical practitioner at the request of the arrested person
55. Procedure when police officer deputes subordinate to arrest without warrant
56. Person arrested to be taken before Magistrate or officer in charge of police station
57. Person arrested not to be detained more than twenty-four hours
58. Police to report apprehensions
59. Discharge of person apprehended
60. Powers, on escape, to pursue and re-take
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A - SUMMONS
61. Form of summons
62. Summons how served
63. Service of summons on corporate bodies and societies
64. Service when persons summoned cannot be found
65. Procedure when service cannot be effected as before provided
66. Service on Government servant
67. Service of summons outside local limits
68. Proof of service in such cases and when serving officer not present
69. Service of summons on witness by post
B - WARRANT OF ARREST
70. Form or warrant of arrest and duration
71. Power to direct security to be taken
72. Warrant to whom directed
73. Warrant may be directed to any person
74. Warrant directed to police officer
75. Notification of substance of warrant
76. Person arrested to be brought before court without delay
77. Where warrant may be executed
78. Warrant forwarded for execution outside jurisdiction
79. Warrant directed to police officer for execution outside jurisdiction
80. Procedure of arrest of person against whom warrant issued
81. Procedure by Magistrate before whom such person arrested is brought
C - PROCLAMATION AND ATTACHMENT
82. Proclamation for person absconding
83. Attachment of property of person absconding
84. Claims and objections to attachment
85. Release, sale and restoration of attached property
86. Appeal from order rejecting application for restoration of attached property
D - OTHER RULES REGARDING PROCESSES
87. Issue of warrant in lieu of, or in addition to, summons
88. Power to take bond for appearance
89. Arrest on breach of bond for appearance
90. Provisions of this Chapter generally applicable to summons and warrants of arrest
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCITON OF THINGS
A - SUMMONS TO PODUCE
91. Summons to produce document or other thing
92. Procedure as to letters and telegrams
B - SEARCH-WARRANTS
93. When search warrant may be issued
94. Search of place suspected to contain stolen property, forged documents, etc
95. Power to declare certain publications forfeited and to issue search warrants for the same
96. Application to High Court to set aside declaration of forfeiture
97. Search for persons wrongfully confined
98. Power to compel restoration of abducted females
C - GENERAL PROVISIONS RELATING TO SEARCHES
99. Direction, etc., of search-warrants
100. Persons in charge of closed place to allow search
101. Disposal of things found in search beyond jurisdiction
D - MISCELLANEOUS
102. Power of police officer to seize certain property
103. Magistrate may direct search in his presence
104. Power to impound document, etc., produced
105. Reciprocal arrangements regarding processes
CHAPTER VII-A
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN
MATTERS AND PROCEDURE FOR ATTACHMENT
AND FORFEITURE OF PROPERTY
105A. Definitions
105B. Assistance in securing transfer of persons
105C. Assistance in relation to orders of attachment or forfeiture of property
105D. Identifying unlawfully acquired property
105E. Seizure or attachment of property
105F. Management or properties seized or forfeited under this Chapter
105G. Notice of forfeiture of property
105H. Forfeiture of property in certain cases
105I. Fine in lieu of forfeiture
105J. Certain transfers to be null and void
105K. Procedure in respect of letter of request
105L. Application of this Chapter
CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND
FOR GOOD BEHAVIOUR
106. Security for keeping the peace on conviction
107. Security for keeping the peace in other cases
108. Security for good behaviour from persons disseminating seditious matters
109. Security for good behaviour from suspected persons
110. Security for good behaviour from habitual offenders
111. Order to be made
112. Procedure in respect of person present in court
113. Summons or warrant in case of person not so present
114. Copy of order to accompany summons or warrant
115. Power to dispense with personal attendance
116. Inquiry as to truth of information
117. Order to give security
118. Discharge of person informed against
119. Commencement of period for which security is required
120. Contents of bond
121. Power to reject sureties
122. Imprisonment in default of security
123. Power to release persons imprisoned for failing to give security
124. Security for unexpired period of bond
CHAPTER IX
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
125. Order for maintenance of wives, children and parents
126. Procedure
127. Alteration in allowance
128. Enforcement of order of maintenance
CHPATER-X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A - UNLAWFUL ASSEMBLIES
129. Dispersal of assembly by use of civil force
130. Use of armed forces to disperse assembly
131. Power of certain armed force officers to disperse assembly
132. Protection against prosecution for acts done under proceeding section
B - PUBLIC NUISANCES
133. Conditional order for removal of nuisance
134. Service or notification of order
135. Person to whom order is addressed to obey or show cause
136. Consequences of his failing to do so
137. Procedure where existence of public right is denied
138. Procedure where he appears to show cause
139. Power of Magistrate to direct local investigation and examination of an expert
140. Power of Magistrate to furnish written instructions, etc
141. Procedure on order being made absolute and consequences of disobedience
142. Injunction pending inquiry
143. Magistrate may prohibit repetition or continuance of public nuisance
C - URGENT CASES OF NUISANCE OR APPREHENDED DANGER
144. Power to issue order in urgent cases of nuisance or apprehended danger
D - DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land or water is likely to cause breach of peace
146. Power to attach subject of dispute and to appoint receiver
147. Dispute concerning right of use of land or water
148. Local inquiry
CHAPTER XI
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences
150. Information of design to commit cognizable offences
151. Arrest to prevent the commission of cognizable offences
152. Prevention of injury to public property
153. Inspection of weights and measures
CHAPTER XII
INFORMATION TO THE POLICE AND THEIR
POWERS TO INVESTIGATE
154. Information in cognizable cases
155. Information as to non-cognizable cases and investigation of such cases
156. Police officer’s power to investigate cognizable cases
157. Procedure for investigation
158. Report how submitted
159. Power to hold investigation or preliminary inquiry
160. Police officer’s power to require attendance of witnesses
161. Examination of witnesses by police
162. Statements to police not to be signed: Use of statements in evidence
163. No inducement to be offered
164. Recording of confessions and statements
165. Search by police officer
166. When officer-in-charge of police station may require another to sue search warrant
166A. Letter of request to competent authority for investigation in a country or place outside India
166B. Letter of request from a country or place outside India to a court or an authority for investigation in India
167. Procedure when investigation cannot be completed in twenty-four hours
168. Report of investigation by subordinate police officer
169. Release of accused when evidence deficient
170. Cases to be sent to Magistrate when evidence is sufficient
171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
172. Diary of proceeding in investigation
173. Report of police officer on completion of investigation
174. Police to enquire and report on suicide, etc
175. Power to summon persons
176. Inquiry by Magistrate into cause of death
CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS
IN INQUIRIES AND TRIALS
177. Ordinary place of inquiry and trial
178. Place of inquiry or trial
179. Offence triable where act is done consequence ensues
180. Place of trial where act is an offence by reason of relation to other offences
181. Place of trial in case of certain offences
182. Offences committed by letters, etc
183. Offence committed on journey or voyage
184. Place of trial for offences triable together
185. Power to order cases to be tried in different sessions divisions
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place
187. Power to issue summons or warrant for offence committed beyond local jurisdiction
188. Offence committed outside India
189. Receipt of evidence relating to offences committed outside India
CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
190. Cognizance of offences by Magistrates
191. Transfer on application of the accused
192. Making over of cases to Magistrates
193. Cognizance of offences by Court of Session
194. Additional and Assistant Sessions Judges to try cases made over to them
195. Prosecution for contempt of lawful authority of public servants for offences against public justice and for offences relating to documents given in evidence
196. Prosecution for offences against the State and for criminal conspiracy to commit such offence
197. Prosecution of Judges and public servants
198. Prosecution for offences against marriage
198A. Prosecution of offences under section 498A of the Indian Penal Code
199. Prosecution for defamation
CHAPTER XV
COMPLAINTS TO MAGISTRATES
200. Examination of complainant
201. Procedure by Magistrate not competent to take cognizance of the case
202. Postponement of issue of process
203. Dismissal of complaint
CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process
205. Magistrate may dispense with personal attendance of accused
206. Special summons in cases of petty offence
207. Supply to the accused of copy of police report and other documents
208. Supply of copies of statements and documents to accused in other cases triable by Court of Session
209. Commitment of case to Court of Session when offence is exclusively by it
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
CHAPTER XVII
THE CHARGE
A - FORM OF CHARGE
211. Contents of charge
212. Particulars as to time, place and person
213. When manner of committing offence must be stated
214. Words in charge taken in sense of law under which offence is punishable
215. Effect of errors
216. Court may alter charge
217. Recall of witnesses when charge altered
B - JOINDER OF CHARGES
218. Separate charges for distinct offences
219. Three offences of same kind within year may be charged together
220. Trial for more than one offence
221. Where it is doubtful what offence has been committed
222. When offence proved included in offence charged
223. What persons may be charged jointly
224. Withdrawal of remaining charges on conviction on one of several charges
CHAPTER XVIII
TRIAL BEFORE A COURT OF SESSION
225. Trial to be conducted by Public Prosecutor
226. Opening case for prosecution
227. Discharge
228. Framing of charge
229. Conviction on plea of guilty
230. Date for prosecution evidence
231. Evidence for prosecution
232. Acquittal
233. Entering upon defence
234. Arguments
235. Judgment of acquittal or conviction
236. Previous conviction
237. Procedure in cases instituted under section 199(2)
CHAPTER XIX
TRIAL OF WARRANT-CASES BY MAGISTRATES
A - CASES INSTITUTED ON A POLICE REPORT
238. Compliance with section 207
239. When accused shall be discharged
240. Framing of charge
241. Conviction on plea of guilty
242. Evidence for prosecution
243. Evidence for defence
B - CASES INSTITUTED OTHERWISE THAN ON POLICE REPORT
244. Evidence for prosecution
245. When accused shall be discharged
246. Procedure where accused is not discharged
247. Evidence for defence
C-CONCLUSION OF TRIAL
248. Acquittal or conviction
249. Absence of complainant
250. Compensation for accusation without reasonable cause
CHAPTER XX
TRIAL OF SUMMONS-CASES BY MAGISTRATES
251. Substance of accusation to be stated
252. Conviction on plea of guilty
253. Conviction on plea of guilty in absence of accused in petty cases
254. Procedure when not convicted
255. Acquittal or conviction
256. Non-appearance or death of complainant
257. Withdrawal of complaint
258. Power to stop proceedings in certain cases
259. Power of court to convert summons-cases into warrant-cases
CHPTER XXI
SUMMARY TRIALS
260. Power to try summarily
261. Summary trial by Magistrate of the second class
262. Procedure for summary trials
263. Record in summary trials
264. Judgment in cases tried summarily
265. Language of record and judgment
CHAPTER XXII
ATTENDANCE OF PERSONS CONFINED
OR DETAINED IN PRISONS
266. Definitions
267. Power to require attendance of prisoners
268. Power of State Government to exclude certain persons from operation of section 267
269. Officer-in-charge of prison to abstain from carrying out order in certain contingencies
270. Prisoner to be brought to court in custody
271. Power to issue commission for examination of witness in prison
CHAPTER XXIII
EVIDENCE IN INQUIRIES AND TRIALS
A - MODE OF TAKING AND RECORDING EVIDENCE
272. Language of courts
273. Evidence to be taken in presence of accused
274. Record in summons-cases and inquiries
275. Record in warrant-cases
276. Record in trial before Court of Session
277. Language of record of evidence
278. Procedure in regard to such evidence when completed
279. Interpretation of evidence to accused or his pleader
280. Remarks respecting demeanour of witness
281. Record of examination of accused
282. Interpreter to be bound to interpret truthfully
283. Record in High Court
B - COMMISSIONS FOR THE EXAMINATION OF WITNESSES
284. When attendance of witness may be dispensed with and commission issued
285. Commission to whom to be issued
286. Execution of commissions
287. Parties may examine witnesses
288. Return of commission
289. Adjournment of proceeding
290. Execution of foreign commissions
291. Deposition of medical witness
292. Evidence of officers of the Mint
293. Reports of certain Government scientific experts
294. No formal proof of certain documents
295. Affidavit in proof of conduct of public servants
296. Evidence of formal character on affidavit
297. Authorities before whom affidavits may be sworn
298. Previous conviction of acquittal how proved
299. Record of evidence in absence of accused
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
300. Person once convicted or acquitted not to be tried for same offence
301. Appearance by Public Prosecutors
302. Permission to conduct prosecution
303. Right of person against whom proceedings are instituted to be defended
304. Legal aid to accused at State expense in certain cases
305. Procedure when corporation or registered society is an accused
306. Tender of pardon to accomplice
307. Power to direct tender of pardon
308. Trial of person not complying with conditions of pardon
309. Power to postpone or adjourn proceedings
310. Local inspection
311. Power to summon material witness, or examine person present
312. Expenses of complainants and witness
313. Power to examine the accused
314. Oral arguments and memorandum of arguments
315. Accused person to be competent witness
316. No influence to be used to induce disclosure
317. Provision for inquiries and trial being held in the absence of accused in certain cases
318. Procedure where accused does not understand proceedings
319. Power to proceed against other persons appearing to be guilty of offence
320. Compounding of offences
321. Withdrawal from prosecution
322. Procedure in cases, which Magistrate cannot dispose of
323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
324. Trial of persons previously convicted of offences against coinage, stamp law or property
325. Procedure when Magistrate can not pass sentence sufficiently severe
326. Conviction or commitment on evidence partly recorded by one, Magistrate and partly by another
327. Court to be open
CHAPTER XXV
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
328. Procedure in case of accused being lunatic
329. Procedure in case of person of unsound mind tried before Court
330. Release of lunatic pending investigation or trial
331. Resumption of inquiry or trial
332. Procedure on accused appearing before magistrate or Court
333. When accused appears to have been of sound mind
334. Judgment of acquittal on ground of unsoundness of mind
335. Person acquitted on such ground to e detained in safe custody
336. Power of State Government to empower office-in-charge to discharge
337. Procedure where lunatic prisoner is reported capable of making his defence
338. Procedure where lunatic detained is declared fit to be released
339. Delivery of lunatic to care of relative or friend
CHAPTER XXVI
PROVISIONS AS TO OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
340. Procedure in cases mentioned in section 195
341. Appeal
342. Power to order court
343. Procedure of Magistrate taking cognizance
344. Summary procedure for trial for giving false evidence
345. Procedure in certain cases of contempt
346. Procedure where Court considers that case should not be dealt with under section 345
347. When Registrar or Sub-Registrar to be deemed a Civil Court
348. Discharge of offender on submission of apology
349. Imprisonment or committal of person refusing to answer or produce document
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons
351. Appeals from convictions under sections 344, 345, 349 and 350
352. Certain Judges and Magistrates not to try certain offences when committed before themselves
CHAPTER XXVII
THE JUDGMENT
353. Judgment
354. Language and contents of judgment
355. Metropolitan Magistrate’s judgment
356. Order for notifying address of previously convicted offender
357. Order to pay compensation
358. Compensation to persons groundlessly arrested
359. Order to pay costs in non-cognizable case
360. Order to release on probation of good conduct or after admonition
361. Special reasons to be recorded in certain cases
362. Court not to alter judgment
363. Copy of judgment to be given to the accused and other persons
364. Judgment when to be translated
365. Court of Session to send copy of finding and sentence to District Magistrate
CHAPTER XXVIII
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
366. Sentence of death to be submitted by Court of Session for confirmation
367. Power to direct further inquiry to be made or additional evidence to be taken
368. Power of high Court to confirm sentence or annual conviction
369. Confirmation or new sentence to be signed by two Judges
370. Procedure in case of difference of opinion
371. Procedure in cases submitted to High Court for confirmation
CHAPTER XXIX
APPEALS
372. No appeal to lie unless otherwise provided
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374. Appeals from convictions
375. No appeal in certain cases when accused pleads guilty
376. No appeal in petty cases
377. Appeal by the State Government against sentence
378. Appeal in case of acquittal
379. Appeal against conviction by High Court in certain cases
380. Special right of appeal in certain cases
381. Appeal to Court of Session how heard
382. Petition of appeal
383. Procedure when appellant in jail
384. Summary dismissal of appeal
385. Procedure for hearing appeals not dismissed summarily
386. Powers of the Appellate Court
387. Judgments of subordinate Appellate court
388. Order of High Court on appeal to be certified to lower court
389. Suspension of sentence pending the appeal; release of appellant on bail
390. Arrest of accuse in appeal from acquittal
391. Appellate Court may take further evidence or direct it to be taken
392. Procedure where Judges of Court of Appeal are equally divided
393. Finality of Judgments and orders on appeal
394. Abatement of appeals
CHAPTER XXX
REFERENCE AND REVISION
395. Reference to High Court
396. Disposal of case according to decision of High Court
397. Calling for records to exercise powers of revision
398. Power to order inquiry
399. Sessions Judge’s powers of revision
400. Power of Additional Sessions Judge
401. High Court’s powers of revision
402. Power of High Court to withdraw or transfer revision cases
403. Option of court to hear parties
404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
405. High Court’s order to be certified to lower Court
CHAPTER XXXI
TRANSFER OF CRIMINAL CASES
406. Power of Supreme Court to transfer cases and appeals
407. Power of High Court to transfer cases and appeals
408. Power of Sessions Judge to transfer cases and appeals
409. Withdrawal of cases and appeals by Sessions Judges
410. Withdrawal of cases by Judicial Magistrates
411. Making over or withdrawal of cases by Executive Magistrates
412. Reasons to be recorded
CHAPTER XXXII
EXECUTION, SUSPENSION, REMISSION AND
COMMUTATION OF SENTENCES
A - DEATH SENTENCES
413. Execution of order passed under section 368
414. Execution of sentence of death passed by High Court
415. Postponement of execution of sentence of death in case of appeal to Supreme Court
416. Postponement of capital sentence on pregnant woman
B - IMPRISONMENT
417. Power to appoint place of imprisonment
418. Execution of sentence of imprisonment
419. Direction of warrant for execution
420. Warrant with whom to be lodged
C-LEVY OF FINE
421. Warrant of levy of fine
422. Effect of such warrant
423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
424. Suspension of execution of sentence of imprisonment
D - GENERAL PROVISIONS REGARDING EXECUTION
425. Who may issue warrant
426. Sentence on escaped convict when to take effect
427. Sentence on offender already sentenced for another offence
428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
429. Saving
430. Return of warrant on execution of sentence
431. Money ordered to be paid recoverable as a fine
E - SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
432. Power to suspend or remit sentences
433. Power to commute sentence
433A. Restriction on powers of remission or commutation in certain cases
434. Concurrent power to Central Government in case of death sentences
435. State Government to act after consultation with Central Government in certain cases
CHAPTER XXXIII
PROVISIONS AS TO BAIL AND BONDS
436. In what cases bail to be taken
437. When bail may be taken in case of non-bailable offence
438. Direction for grant of bail to person apprehending arrest
439. Special powers of High Court or Court of Session regarding bail
440. Amount of bond and reduction thereof
441. Bond of accused and sureties
442. Discharge from custody
443. Power to order sufficient bail when that first taken in insufficient
444. Discharge of sureties
445. Deposit instead of recognizance
446. Procedure when bond has been forfeited
446A. Cancellation of bond and bail bond
447. Procedure in case of insolvency or death of surety or when a bond is forfeited
448. Bond required from minor
449. Appeal from orders under section 446
450. Power to direct levy of amount due on certain recognizances
CHAPTER XXXIV
DISPOSAL OF PROPERTY
451. Order for custody and disposal of property pending trial in certain cases
452. Order for disposal of property at conclusion of trial
453. Payment to innocent purchaser of money found on accused
454. Appeal against orders under section 452 or section 453
455. Destruction of libelous and other matter
456. Power to restore possession of immovable property
457. Procedure by police upon seizure of property
458. Procedure when no claimant appears within six months
459. Power to sell perishable property
CHAPTER XXXV
IRREGULAR PROCEEDINGS
460. Irregularities, which do not vitiate proceedings
461. Irregularities, which vitiate proceedings
462. Proceedings in wrong place
463. Non-compliance with provisions of section 164 or section 281
464. Effect of omission of frame, or absence of, or error in, charge
465. Finding or sentence when reversible by reason or error, omission or irregularity
466. Defect or error not to make attachment unlawful
CHAPTER XXXVI
LIMITATION FOR TAKING COGNIZANCE
OF CERTAINOFFENCES
467. Definitions
468. Bar to taking cognizance after lapse of the period of limitation
469. Commencement of the period of limitation
470. Exclusion of time in certain cases
471. Exclusion of date on which Court is closed
472. Continuing offence
473. Extension of period of limitation in certain cases
CHAPTER XXXVII
MISCELLANEOUS
474. Trials before High Court
475. Delivery to Commanding Officers of persons liable to be tried by Court-martial
476. Forms
477. Power of High Court to make rules
478. Power to alter functions allocated to Executive Magistrates in certain cases
479. Cases in which Judge or Magistrate is personally interested
480. Practicing pleader not to sit as Magistrate in certain Courts
481. Public servant concerned in sale not to purchase or bid for property
482. Saving of inherent power of High Court
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
484. Repeal and savings
THE CODE OF CRIMINAL PROCEDURE, 1973
(2 of 1974)
[25th January 1974]
An Act to consolidate and amend the law relating to Criminal Procedure
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows: -
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Code of criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this code, other than those relating to chapters VIII, X and XI thereof, shall not apply-
(a) To the State of Nagaland,
(b) To the tribal areas,
But the concerned State Government may, by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may, be, specified in the notification.
Explanation. - In this section, “tribal areas” means the territories, which immediately before the 21st day of January 1972 were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the Ist day of April 1974.
2. Definitions. –
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 and 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 a complaints 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 authorized 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 Cattle-trespass Act, 1871 (1 of 1871);
(o) “Officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present;
(p) “Place” includes a house, building, tent, vehicle and vessel;
(q) “Pleader”, when used with reference to any proceeding in any court, means a person authorized by or under any law for the time being in force, to practice in such court, and includes any other 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 report” 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 relating to an offence, and not being a warrant-case;
(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 expression 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.
1. Ins. by Act 45 of 1978, sec. 2.
3. Construction of references: -
(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 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 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 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 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 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;
(c) 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 reference to the metropolitan magistrate-exercising jurisdiction in such area.
(4) Where, under any law, other than this code, the functions exercisable by a magistrate relate to matters-
(a) Which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, they shall, subject to the provisions of this code, be exercisable by a Judicial Magistrate; or
(b) Which are administrative or executive in nature, such as, granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or with drawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive Magistrate.
STATE AMENDENTS
Andaman and Nicobar Islands
(1) After section 3, the following section shall be inserted, namely: -
“3-A. 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, where the 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 first class or the second class shall be construed as references to such executive Magistrate as the State Government may, be notification in the official gazette, specify.
(2) The State Government may, if it is of opinion that adequate number of persons or available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands.
(3) On the cesser of operation of the provisions of this section every enquiry or trial pending, immediately before such cesser, before the District Magistrate or additional District Magistrate or any executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such judicial Magistrate as the State Government may specify in this behalf.”
[Regulation 1 of 1974, sec. 3 (w.e.f.30.3. 1974)]
Arunachal Pradesh and Mizoram;
After sub-section (4), the following sub-section shall be inserted, namely; -
(5) Notwithstanding any thing contained in the foregoing provisions for this section; -
(i) Any reference in such of the provisions of this code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column (1) of the table below shall, until the courts of Session and Courts of Judicial Magistrate or constituted in the said Union Territories be construed as references to the court of Magistrate mentioned in the corresponding entry in column (2) of that table.
TABLE
1
2
Court of Session or Sessions Judge or Chief
Judicial Magistrate
Magistrate or. Magistrate of the First Class
Or Judicial Magistrate of the First Class.
District Magistrate.
Executive Magistrate.
(ii) The functions mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate.”
The Chief Commissioners and the Additional Deputy Commissioners, in the Union Territory of Arunachal Pradesh, were appointed to be Executive Magistrate].
[Vide Notification No .Jud. 25/74. dated 2nd April, 1974]
Nagaland:
After sub-section (4) insert the following sub-section which shall be deemed always to have been so; -
(5) Notwithstanding anything contained in the foregoing provisions of this section; -
(i) Any reference in such of the provisions of this Code, as applied to the State of Nagaland to the Court and authority mentioned in column (1) of the table below shall, until the
Courts of Session and Court of Judicial Magistrates are constituted in the said areas, be construed as references to the Court and authority mentioned in the corresponding entry in column (2) of that table.
TABLE
1
2
Court of Session or Session Judge or Chief Judicial Magistrate.
Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class.
District Magistrate or Additional District Magistrate.
Executive Magistrate
(ii) References mentioned in Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section (4) exercisable by a Judicial Magistrate and Executive Magistrate shall be construed as references to, and exercised by, Deputy Commissioner and Additional Deputy commissioner and Assistant to Deputy Commissioner appointed under any law in force:
Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor” Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19th June, 1975].
4. Trial of offences under the Indian Penal Code and other laws. -
(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into tried, and otherwise dealt with according to the provision hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
5. Saving. –
Nothing contained in this Code shall in the absence of a specific provision to the contrary, affect any special or local law any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
|
