THE CODE OF CRIMINAL PROCEDURE, 1973

(Act No. 2 of 1974)

 [25th January 1974]

 

Chapter I

PRELIMINARY

 

   1. Short title, extent and commencement.

   2. Definitions.

   3. Construction of references.

   4. Trial of offence under the Indian Penal Code and other laws.

   5. Saving.

 

Chapter II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

 

   6. Classes 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. Executive Magistrates.

   21. Special Executive Magistrates.

   22. Local jurisdiction of Executive Magistrates.

   23. Subordination of Executive Magistrates.

   24. Public Prosecutors.

   25. Assistant Public Prosecutor.

 

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 person.

   52. Power to seize offensive weapons.

   53. Examination of accused by medical practitioner to 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. Power, on escape, to pursue and retake.

 

Chapter VI

PROCESSES TO COMPEL APPEARANCE

 

   61. Form of summons.

   62. Summons how served.

   63. Service of summons on corporate bodies and societies.

   64. Service when person 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.

   70. Form of warrant of arrest and duration.

   71. Power to direct security to be taken.

   72. Warrants 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 on arrest of person against whom warrant issued.

   81. Procedure by Magistrate before whom such person arrested is brought.

   82. Proclamation for person absconding.

   83. Attachment of property of person absconding.

   84. Claims and objections of attachment.

   85. Release, sale and restroration of attached property.

   86. Appeal from order rejecting application for restoration of attached property.

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

   88. Power to take bond for appearance.

   89. Arrest on breach of bond for appearance.

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

 

Chapter VII

PROCESS TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to Produce

 

   91. Summons to produce document or other thing.

   92. Procedure as to letters and telegrams.

 

B.—Search-warrants

 

   93. When search-warrant may be issued.

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

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

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

   97. Search for persons wrongfully confined.

   98. Power to compel restoration of abducted females.

 

C.—General provisions relating to searches

 

   99. 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 VIIA

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

   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 for attachment of property.

   105F. Management of 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 dispence with personal attendance.

   116. Inquiry as to truth of information.

   117. Order to give security.

   118. Discharge of person formed 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.

 

Chapter 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 preceding sections.

 

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. Consequence 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 case.

   157. Procedure for investigation.

   158. Report how submitted.

   159. Power to hold investigation or preliminary inquiry.

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

   161. Examination of witnesses by police.

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

   163. No inducement to be offered.

   164. Recording of confessions and statements.

   165. Search by public officer.

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

   166A. Letter of request to competent authority of invesigation 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 subjected to restraint.

   172. Diary of proceedings 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 or consequence ensues.

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

   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 offence 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 for 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 Courts 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 offence against public justice and for  offences relating to documents given in evidence

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

197. Prosecution of Judges and public servants

198. Prosecution for offences against marriage

199. Prosecution of 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 triable 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 charges

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 charge

 

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 MAGISTRATE

A.—Cases instituted on a police report

 

   238. Compliance with Section 297.

   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 proceeding in certain cases

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

 

Chapter 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.—Commission 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 Affidavit may be sworn

298. Previous conviction or acquittal how proved

299. Record of evidence in absence of accused

 

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

 

   300. Person once convicted or aquitted 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 accomplish.

   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 witnesses.

   313. Power to examine the accused.

   314. Oral arguments and memorandum  of arguments.

   315. Accused person to be competent witness.

   316.  No influence to be used to induce disclosure.

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

   318. Procedure where accused does not understand proceedings.

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

   320. Compounding of offences.

   321. Withdrawal from prosecution

   322. Procedure  in cases which Magistrate cannot dispose of.

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

   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 Judge or 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.

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

   336. Power of State Government to empower officer 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 ADMINISTRATIONS OF

JUSTICE

 

   340. Procedure in cases mentioned in Section 195.

   341. Appeal.

   342. Power to order costs.

   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 of 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 conviction under Sections 344, 345, 349 and 350.

   352. Certain Judges and Magistrate 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 cases.

   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 annul conviction

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

370. Procedure in cases 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 accused 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 of transfer case and appeals.

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

   409. Withdrawal of cases and appeals by Session Judges.

   410. Withdrawal of cases by Judicial Magistrate.

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

   412. Reasons to be recorded.

 

Chapter XXXII

EXECUTION, SUSPENSION, REMISSION AND COMMUTATIONS OF SENTENCE

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 for 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

   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 of Central Government in case of death -sentence

   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 is 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 OR 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 libellous and other matter.

   456. Power to restore possession of immovable property .

   457. Procedure by police upon seizure of property.

   458. Procedure where 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 provision of Section 164 or Section 281.

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

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

   466. Defect or error not to make attachment unlawful.

 

 Chapter XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

 

   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 Courts.

   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. Case in which judges 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 or property.

   482. Saving of inherent powers of High Court.

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

   484. Repeal and savings.

The First Schedule - Classification of offences

The Second Schedule - Forms

 

 

 

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, as may be specified in the notification.

Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

   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 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;

(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-congnizable 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 in the Official Gazette;

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

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

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

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

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

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

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

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

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

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

(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.

   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 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 exercisably 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 of trial before any Court, they shall, subject to the provisions of this Code, be exercisably 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 exercisably by an Executive Magistrate.

 

STATE AMENDMENTS

Andaman and Nicobar Islands—In its application to Andaman and Nicobar following section shall be inserted after section 3:

 “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, where the State Government so directs, also to the Additional District Magistrate;

 (b) a Magistrate or Magistrate of the first  class, or 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, by notification in Official Gazette, specify.

 (2) The State Government may, if it is of opinion that adequate number of persons be available for appointment as Judicial Magistrates, by notification in the Official Gazette, declare that the provisions 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 inquiry 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 No. 1 of 1974, (w.e.f. 30-3-1974)].

Arunachal Pradesh, Mizoram & Meghalaya—After sub-section (4), the following sub-section (5) shall be inserted:

“(5) Notwithstanding  anything contained in the foregoing provisions of this sub-sec.

 (i) any reference in such of the provisions of this Code, as apply to the Union territories of Arunachal Pradesh and Mizoram, to the Court  mentioned in  column (1) of the Table below shall, until the Courts  of Session and Courts of Judicial Magistrates are constituted in the said  Union territories, be construed, as reference to the Court of Magistrate mentioned  in the corresponding entry in column (2) of the

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 or Additional District Magistrate

 

Executive Magistrate

 

 

(ii) the functions mentioned in clause (a) of sub-section (4) shall be exercisable  by an Executive Magistrate.”

 

[Vide Gazette of India, Extraordinary, 30-3-1974, Pt. II, Section 3(ii).]

Nagaland—After sub-section (4), insert the following sub-section (5)

 “(5) Notwithstanding  anything contained in the foregoing provisions of this section—

 (i) any reference in such of the provisions of this Code as apply to this State of Nagaland to the court and authority mentioned in column (I) of the Table below shall, until the courts of Session and Courts 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 the Table.

TABLE

1

2

 Court of Session or Sessions Judge or  Chief Judicial Magistrate

 District Magistrate

 Magistrate or Magistrate of the first class or Judicial Magistrate of the first class.

 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 exercisable  by, Deputy Commissioner and Additional Deputy Commissioner and Assistant to the Deputy Commissioner appointed under any Law in force.

 Provided that an Assistant to the Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor.”

[Nagaland Gazette (Extra) No. 15 dated 19-6-75].

 

 

   4. Trial of offence 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 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.

   5. Saving—Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

 Chapter II

 CONSTITUTION OF CRIMINAL COURTS AND OFFICES

   6. Classes of Criminal Courts—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.

   7. Territorial divisions—(1) Every State shall be a sessions division or shall consist of sessions divisions; 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 consolation with the High Court, alter the limits or the number of such division and districts.

(3) The State Government may, after consulation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

   8. Metropolitan areas—(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be 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 areas shall, on and from such date as the State Government may, by notification, specify in his 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 redues or alter, under sub-section (3) the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court 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.

   9. Court of Session—(1) the State Government shall establish a Court of Session for every sessions division.

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

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

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation.—For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affaris of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

 

 STATE AMENDMENTS

Uttar Pradesh—In section 9 after sub-section (5) the following sub-section (5- A) shall be inserted :

 “(5-A) In the event of the death, resignation, removal or transfer of the Session Judge, or of his being in capacitated by illness or otherwise  for the performance of his duties, or of his absence from the place at which his court  is held, the seniormost among the additional Sessions Judges and the Assistant Sessions Judges present at the place and in their absence the Chief Judicial Magistrate shall, without relinquishing his ordinary duties assume charge of the office of the Sessions Judge and Continue in Charge thereof until  the office is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge.”

[U.P. Act No. 1 of  1984 (w.e.f. 1-5- 1984)]

 In its application to Uttar Pradesh in Section 9 sub-section (6) insert the following proviso:

 “Provided that the Court  of Session may hold, or the High Court may direct  the Court of Session  to hold, its sitting in any particular case at any place in the sessions division, where it appears expedient to do so for considerations of internal security or public order, and in such case, the consent of the prosecution and accused shall not be necessary.”

 [U.P. Act No. 16 of 1976, (w.e.f 28-11-1975)]

West Bengal—In sub-section (3) of Section 9 the following provisos shall be added:—

 “Provided that notwithstanding anything to the contrary contained in this Code, Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the 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 that sub-division, for the purpose of sub-section (7) of Section 116, Sections 193 and, clause (a) of Section 209 and Sections 409, 439 and 449.

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

[W.B. Act No. 24 of 1988]

 

   10. Subordination of Assistant Sessions Judges—(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.

(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

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

[2][Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or, of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial 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 of a Judicial Magistrate of the first class or of the second class or any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

 

 STATE AMENDMENTS

 

Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep—In sub-section (3) of Section 11 of the Code :

 For the words “any member of the Judicial Service of the State, functioning as a Judge in a Civil Court”, substitute the words “any person discharging the functions of a Civil Court.”

[Regulation 1 of 1974, (w.e.f. 30-3-1974)]

Bihar—After sub-section (3), insert following sub-section (4):

 “(4) The State Government  may likewise establish for any local area one or more Courts of Judicial Magistrate  of the first class or second class to try any particular cases or particular classes  or categories of cases.”

[Bihar Act No. 8 of 1977 (w.e.f. 1977)]

Haryana—After sub-section (1), insert the following sub-section (1A):

 “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases or to particular class or classes of cases, or to cases generally in any local area.”

[Hayrana Act No. 16 of 1976 (w.e.f 24-2-1976).]

Kerala—(1) In Section 11, after sub-section (1), the following sub-section shall be inserted:

 “(1A) The State Government may likewise establish as many special courts of Judicial Magistrate of First Class in respect to particular cases or to a particular class or particular class of cases or in regard to cases generally, in any local area.

 (2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978.

 Validation.—Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under Section 11 of the said Code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid.” 

[Kerala Act No. 21 of 1987]

Punjab—After sub-section (1) of the Code, insert following sub-section (1A)

 “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class in respect to particular cases or to particular classes of cases or in regard to cases generally, in any local area.[Punjab Act No. 9 of 1978 (w.e.f 14-4-1978).]

Rajasthan—After sub-section (1) of the Code, insert following sub-section (1A):

 “(1A) The State Government may likewise establish as many Court of Judicial Magistrates of the first class and of the second class in respect to particular  cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area.”

[Rajasthan Act No. 10 of 1977, (w.e.f 13-9-1977).]

Uttar Pradesh—After sub-section (1) of the Code, insert following sub-section (1A):

 “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular  classes of cases, or in regard to cases generally in any local area.”

[U.P. Act No. 16 of 1976 (w.e.f 30-4-1976).]

 

 

 

   12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

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

(3) (a) The High Court may designate any Judicial Magistrate, of the first class in any sub-division as the sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

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

 

STATE AMENDMENTS

 

Nagaland—In sub-sections (1), (2) and (3)

 For the words “High Court” substitute the words “State Government” where ever they occur. [Vide Notification No. Law 170-74-Leg, dated 30-6-1975].

Uttar Pardesh—After sub-section (3) the following sub-section (4) shall be inserted.

 “(4) Where the office of the Chief Judicial  Magistrate is vacant or he is incapacitated by illness, absence  or otherwise for the performance of his duties, the senior most among the Additional Chief Judicial Magistrate  and other Judicial  Magistrates present at the place, and in their absence the District Magistrate and in his absence the senior most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.”    [U.P Act No. 1 of 1984 (w.e.f 1-5-1984).]

 

   13. Special Judicial Magistrates—(1) the High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate [3][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 or experience in relation to legal affairs as the High Court may, by rules, specify.

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

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

 

 STATE AMENDMENTS

 

Andhra Pradesh—In its application  to the State of Andhra Pradesh, in section 13, in sub-section (2) for the words “not exceeding one year at a time” the words “not exceeding two years at a time” shall be substituted and to the sub-section (2) the following proviso shall be added, namely :—

 “Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and had not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment.”

[ A.P. Act No 2 of 1992]

 

 

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

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

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

[6] [(3) Where the local jurisdiction of a Magistrate, appoint under Section 11 or Section 13 or Section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.]

 

 STATE AMENDMENTS

 

Maharashtra—After section 14, insert following section namely :

 “14A. Investing Judicial Magistrates with jurisdiction in specified cases or local area—The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferable by or under this Code upon a Judicial Magistrate, in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally, in any local area, consisting of all or any of the districts specified by it in this behalf.”                                  [Maharashtra Act No. 23 of 1976 (w.e.f. 10-6-1976).]

 

   15. Subordination of Judicial Magistrates—(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(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 subordinates to him.

 

STATE AMENDMENTS

Bihar—After sub-section (2) of section 15 insert the following sub-section (3):

 “(3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court shall be subordinate to the Chief Judicial Magistrate  of the said district  and reference in this Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his court.”

[Bihar Act No. 8 of 1977 (w.e.f. 10-1-1977)].

 

   16. Courts of Metropolitan Magistrates—(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such  places, as the State Government may, after consultation 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 the metropolitan area.

 

STATE AMENDMENTS

Uttar Pradesh—In section 16 after sub-section (3), insert the following sub- section namely:

 “(4) where the office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior most among the Additional Chief Metropolitan Magistrate and other Metropolitan Magistrates present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.”

[U.P. Act No. 1 of 1984 (w.e.f. 1-5-1984)].

 

   17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate— (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan 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 Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

   18. Special Metropolitan Magistrates—(1) The High Court may, if requested by the Central of State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases [7][*  *  *  *] in any metropolitan areas within its local jurisdiction:

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

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

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

 STATE AMENDMENTS

Andhra Pradesh—In section 18, in sub-section (2) for the words, “not exceeding one year at a time” the words, “not exceeding two years at a time” shall be substituted and to the said sub-section the following proviso shall be added, namely :—

 “Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment.”                            

[A.P. Act No.  2 of 1992].

Maharashtra—In sub-section (1) for the words “in any metropolitan area” substitute the words “in one or more metropolitan areas”.

[Maharashtra Act No. 23 of 1976 (w.e.f 9-7-1976)].

 

   19. Subordination of Metropolitan Magistrates—(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief 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 to the allocation of business to an Additional Chief Metropolitan Magistrate.

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

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have [9][such] of the powers of a District Magistrate under this Code or under any other law for the time being in force [10][as may be directed by the State Government.

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

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

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

 

STATE AMENDMENTS

Uttar Pradesh—In Section 20 after sub-section (5) the following sub-section (6) shall be inserted.

 “(6) The State Government  may delegate its powers under sub-section (4) to the District Magistrate”.

[U.P. Act No. 1 of 1984 (w.e.f. 1-5-1984)].

   21. Special Executive Magistrates—The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferable under this Code on Executive Magistrates, as it may deem fit.

   22. Local jurisdiction of Executive Magistrates—Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

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

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

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

   [11][24. Public Prosecutors—(1) For every High Court, the Central Government or the State Government shall, after consulation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or 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 of conducting 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 appoint one or more Additional Public Prosecutors for the district:

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

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

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

(6) Notwithstanding anything contain in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public 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 such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).

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

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

 

 STATE AMENDMENTS

Maharashtra—”In sub-section (1) the words “after consultation with the High Court" shall be deleted.

 “In sub-section (4) for the words “in consultation with the   Sessions Judge”, substitute the words “with the approval of the State Government”.

[Maharashtra Act No. 34 of 1981. (w.e.f. 20-5-1981)].

Rajasthan—Sub-section (6) of section 24 shall be substituted as:

 “(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a regular cadre of Prosecuting Officers, the State Government  may also appoint a Public Prosecutor or an Additional Public Prosecutor for among the persons constituting such cadre.”

[Rajasthan Act No. 1 of 1981 (w.e.f. 10-12-1980)].

Tamil Nadu—In sub-section (6) after the expression “sub-section (5)”, insert “but subject to the provisions of sub-section (6A)”.

After sub-section (6) insert the following sub-section (6A) :

 “(6A) Notwithstanding anything contained in sub-section (6),  the State Government may appoint a person who has been in practice  as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section.”

In sub-section (7) After the expression “sub-section (6)” insert “or sub-section (6A)”

[Tamil Nadu Act No. 42 of 1980 (w.e.f. 1-12-1980)].

Uttar Pradesh—In section 24 hereinafter referred to as the said Code:—

 (a) In sub-section (1), the words “after consultation with the High Court,” shall be omitted.

 (b) sub-sections (4), (5) and (6) shall be omitted ;

 (c) in sub-section (7), the words “or sub-section (6)” shall be omitted.

[U.P. Act No. 18 of 1991, section 2 (w.e.f. 16-2-1992)].

Haryana—To sub-section (6) of section 24 the following Explanation shall be added :

 “Explanation—For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B) shall be deemed to be a cadre of prosecuting officers”

[Haryana Act No. 14 of 1985, section 2].

Karnataka—In Section 24, in sub-section (1),—

 (i) the words “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 a Public Prosecutor” shall be substituted.

[Karnataka Act No. 20 of 1982 (w.e.f. 3-9-1981)]

Madhya Pradesh—In Section 24,—

 (i) in sub-section (6), for the words, `brackets and figure “Notwithstanding anything contained in sub-section (5)”, the words, brackets, letter and figures “Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)” shall be substituted and shall be deemed 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 been inserted with effect from 18th December, 1978, namely:—

 “(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre 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 or Additional Public Prosecutor under this sub-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 with effect 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 have been substituted with effect from 18th December, 1978.

[M.P. Act No. 21 of 1995, (w.e.f. 24-5-1995)]

 

Bihar—For sub-section (6) of section 24 of the Code of Criminal Procedure, 1973 (Act II of 1974), the following sub-section shall be substituted and shall always be deemed to have been substituted, namely :—

 “(6) Notwithstanding  anything contained in sub-section (5) where in a State there exists a regular cadre of prosecuting officers, the State Government  may also appoint  a Public Prosecutor or an Additional Public Prosecutor  from among the persons constituting such cadre.” 

[Bihar Act No. 16 of 1984 (w.e.f 24-8-1984)]

West Bengal—In Section 24(6) for the words “shall appoint  a Public Prosecutor or an Additional Public Prosecutor only” the words “may also appoint a Public Prosecutor or an Additional Public Prosecutor” shall be substituted.

[West Bengal Act No. 26 of 1990].

 

   25. Assistant Public Prosecutor—(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

[12] [(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose 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 pointed as an Assistant Public Prosecutor.

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

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 is being prosecuted; or

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

 

STATE AMENDMENTS

Orissa—In sub-section (2) of Section 25, the following proviso shall be inserted, namely:—

 “Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers.”

[Orissa Act No. 6 of 1995 (w.e.f. 10-3-1995)]

Uttar Pradesh—In sub-section (2) of Section 25 the following proviso shall be inserted:

 “Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers.”

[U.P. Act No. 16 of 1976 (w.e.f. 30-4-1976)].

West Bengal—For sub-section (3) of section 25 of the principal Act, the following sub-section shall be substituted:—

 “(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case,—

 (a) where the case is before the Court of the Judicial Magistrate in any area in a sub-division, where in the headquarters of the District Magistrate are situated, by the District Magistrate; or

 (b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the sub-division referred to in clause (a),  wherein  the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or

 (c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a)  and (b), by a local officer (other than a police officer) specially authorised by the District Magistrate in this behalf.

 Explanation.—For the purposes of this sub-section,—

 (i) “advocate” shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);

 (ii) “local officer” shall mean an officer of the State Government  in any area, other than the area referred to in clauses (a) and (b).”

                                                        [W.B. Act No. 17 of 1985, s. 3.].

 

 Chapter III

 POWER OF COURTS

   26. Courts by which offences are triable—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 Courts, of

(ii) the Court of Session, or

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

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, 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.

 

STATE AMENDMENTS

Uttar Pradesh—In Section 26, for the clause (b), the following shall be substituted:

 “(b) any offence under any other law may be tried :

 (i) when any Court is mentioned in this behalf  in such law, by such Court, or by any Court superior in rank to such Court, and

 (ii) when no Court is so mentioned by any Court by which such offence is shown in the First Schedule to the triable or by any Court superior in rank to such Court.”

[U.P. Act No. 1 of 1984 w.e.f. 1-5-1984)].

 

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

   28. Sentences which High Courts and Sessions Judges may pass—(1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any 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 death or of imprisonment for life or of imprisonment for a term exceeding ten years.

   29. Sentences which Magistrates may pass—(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment 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 not exceeding three years, or of fine not exceeding five thousand rupees, or of both.

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

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Courts of a Magistrate of the first class.

 

STATE AMENDMENTS

Punjab—After Section 29, the following section shall be inserted, namely:-

 “29A. Sentences which Executive Magistrate may pass.—An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both.”

[Punjab Act No. 22 of 1993 (w.e.f. 27-6-1993)]

 

   30. Sentence of imprisonment in default of fine—(1) The Court of a Magistrate may award such term 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. exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the 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 of imprisonment for the maximum term awardable by the Magistrate under Section 29.

   31. Sentence in cases of conviction of several offences at one trial—(1) When a person is convicted at one trial of two or more offences, the Court may subject to the provisions of Section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict 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 that fourteen years:

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

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

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

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

   33. Powers of officers appointed— Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like 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 local area in which he is so appointed.

   34. Withdrawal of powers—(1) the High Court or the State Government as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it.

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

   35. Powers of Judges and Magistrates exercisable by their successors-in-office—(1) Subject to the other provisions of this Code, the power and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.

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

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

 Chapter IV

 A.—POWERS OF SUPERIOR OFFICERS OF POLICE

   36. Powers of superior officers of police— Police officers superior in rank to an officer in charge of 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.

 B.—AID TO THE MAGISTRATES AND THE POLICE

   37. Public when to assist Magistrates and police—Every person is bound to assist a Magistrate or police officer reasonably demanding his aid—

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer 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 or public property.

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

   39. Public to give information of certain offences—(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections 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 State specified in Chapter VI of the said Code);

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

(iii) Sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification):

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

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

[13] [(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 or restraint in order to the committing of the theft);

(vii) Sections 392 to 399, both inclusive and Section 402 (that is to say, offences of robbery and dacoity);

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

(ix) Section 431 to 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 489 A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes);

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

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

   40. Duty of officers employed, in connection with the affairs of a village to make certain report—(1) Every officer employed in connection with the affairs of a village and every person residing in village shall forthwith communicate to the nearest Magistrate or the officer in charge of the nearest police 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 property in or near such village;

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

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

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearances from such village of any person in circumstances which lead to a reasonable suspicion that 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 act which, if committed in India, would be an offence punishable under any of the following Sections of the 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 of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, he directed him to communicate information.

(2) In this section,—

(i) “village” includes village-lands;

(ii) the expression “proclaimed offenders” includes any person proclaimed as an offender by any Court of authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under 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 member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

 Chapter V

 ARREST OF PERSONS

   41. When police may arrest without warrant—(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

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

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

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts 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, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition or otherwise, 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) of Section 356; or

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

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in Section 109 or Section 110.

   42. Arrest on refusal to give name and residence—(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe 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 his executing 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 sureties resident in India.

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

   43. Arrest by private person and procedure on such arrest—(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without necessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

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

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

   44. Arrest by Magistrate—(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offenders, any may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

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

   45. Protection of members of the Armed Forces from arrest—(1) Notwithstanding anything contained in Section 41 to 44 (both inclusive), no member for the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties after obtaining the consent of the Central Government.

(2) The State Government may, be notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of the sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

 

STATE AMENDMENTS

Assam—For sub-section (2) the following shall be substituted:

 “(2). The State Government may, by notification, direct that the provisions of sub-section (1) shall apply—

 (a) to such class or category of the members of the Forces charged with the maintenance of public order, or

 (b) to such class or category of other public servants  [not  being  persons to whom the provisions of  sub-section (1) apply] charged with the maintenance of public order,

 as may be specified in the notification, wherever they may be serving, and thereupon the provisions for that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” was substituted.”[Assam Act No. 3 of 1980 (w.e.f. 5-6-1980)].

 

   46. Arrest how made—(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer 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 offence punishable with death or with imprisonment of life.

   47. Search of place entered by person sought to be arrested— (1) If any person acting under warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable 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 a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority 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 persons to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before centering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break upon the apartment and enter it.

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

   48. Pursuit of offenders into other jurisdictions—A police officer may, for the purpose or arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

   49. No unnecessary restraint—The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

   50. Person arrested to be informed of grounds of arrest and of right to bail—(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence 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-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

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

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted 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 he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles 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 with strict regard to decency.

   52. Power to seize offensive weapons—The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

   53. Examination of accused by medical practitioner to the request of police officer— (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford 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 only by or under the supervision of, a female registered medical practitioner.

Explanation.—In this section and in Section 54, “registered medical practitioner are” means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.

   54. Examination of arrested person by medical practitioner at the request of the arrested person—When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

 

 STATE AMENDMENTS

Uttar Pradesh—In section 54, the following shall be added at the end :

 “The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free  of cost”.

 After section 54 the following section 54A shall be inserted.'

“54A. Test identification of the accused—When a person is arrested on a charge of committing an offence and his  test identification by any witness is considered necessary by any Court having  jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested”

[U.P. Act No. 1 of 1984 (w.e.f. 1-5-1984)]

 

   55. Procedure when police officer deputes subordinate to arrest without warrant— (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required 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.

   56. Person arrested to be taken before Magistrate or officer in charge of police station— A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provision 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.

   57. Person arrested not to be detained more than twenty-four hours—No police officer shall detain 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 of arrest to the Magistrate's Court.

   58. Police to report apprehensions—Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

   59. Discharge of person apprehended—No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

   60. Power, on escape, to pursue and retake—(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

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

 Chapter VI

 PROCESSES TO COMPEL APPEARANCE

 A.—Summons

   61. Form of summons—Every summons issued by a Court under this Code be in writing, in duplicate, 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.

   62. Summons how served—(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering 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 a receipt therefore on the back of the other duplicate.

   63. Service of summons on corporate bodies and societies—Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, 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 course of post.

Explanation.—In this section, “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).

   64. Service when person summoned cannot be found—Where the person summoned cannot, by the exercise of due diligence, by found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

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

   65. Procedure when service cannot be effected as before provided—If service cannot by the exercise of due diligence be effected as provided in Section 62, Section 63 or Section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

   66. Service on Government servant—(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by Section 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.

   67. Service of summons outside local limits—When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, be there served.

   68. Proof of service in such cases and when serving officer not present—(1) When a summons issued by a Court is served outside its local jurisdiction and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by Section 62 or Section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, 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 the Court.

   69. Service of summons on witness by post—(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously   with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place 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 made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

 

STATE AMENDMENTS

Andaman and Nicobar Islands and Lakshadweep

 (i) In sub-section (1) after the words “to be served by registered post”, insert the words “or of the substance  thereof to be served by the wireless message”.

 (ii) In sub-section (2) for the words “that the witness refused to take delivery of the summons”, substitute the words “or a wireless message that the witness refused to take delivery of the summons or the message, as the case may be”.

[Reg. No. 6 of 1977 (w.e.f. 17-11-1977)].

 

 B.—Warrant of arrest

   70. Form of warrant of arrest and duration—(1) Every warrant of arrest issued by a Court under this Code shall 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 is executed.

   71. Power to direct security to be taken—(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(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 respectively bound;

(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 the bond to the Court.

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

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

   73. Warrant may be directed to any person—(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offenders or of any person who is accused of a non-bailabe offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose 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 to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 71.

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

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

   76. Person arrested to be brought before Court without delay—The police officer or other person executing a warrant of arrest shall (subject to the provisions of Section 71 as to security) without unnecessary delay bring the person 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 the journey from the place of arrest to the Magistrate's Court.

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

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

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

   79. Warrant directed to police officer for execution outside jurisdiction—(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a 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 sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

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

   80. Procedure on arrest of person against whom warrant issued—When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometre of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under Section 71, be taken before such Magistrate or District Superintendent or Commissioner.

   81. Procedure by Magistrate before whom such person arrested is brought—(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended 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 of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under Section 71 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the Court 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 on consideration of the information and the documents referred to in sub-section (2) of Section 78, to release such person on bail.

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

 

 STATE AMENDMENTS

Uttar Pradesh—In sub-section (1) after the proviso the following third proviso shall be added:

 “Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence, or any Judicial Magistrate in  the case of a bailable offence may pass such orders as he things fit for his custody till such time as may be necessary for his removal to the Court which issued the warrant.”

[U.P Act No. 1 of 1984 (w.e.f 1-5-1984)].

 

 C.—Proclamation and attachment

   82. Proclamation for person absconding—(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at specified time not less than thirty days from the date of publishing such proclamation.

(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 person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides 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 daily newspaper 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 duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

   83. Attachment of property of person absconding—(1) The Court issuing a proclamation under Section 82 may, for reasons to be recorded in writing at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the proclamation the Court is satified, by affidavit or otherwise, that the person in relation to whom th proclamation is to be issued,—

(a) is about to dispose of the whose 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 the Court,

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 the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this 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 to any 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 the case of land paying revenue to the State Government, be made through the Collector of the district in which 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 or property to the proclaimed 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 Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

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

   84. Claims and objections of attachment—(1) If any claim is preferred to, or objection made to the attachment of any property attached under Section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under Section 83, the claim 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-section may, 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 the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of Section 83, in the Court of the Chief Judicial Magistrate of the district in 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 it over 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 under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the 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.

   85. Release, sale and restroration of attached property—(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation the property under the attachment shall be at the disposal of the State Government; but is shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under Section 84 has been disposed of under that section unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases 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 at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

   86. Appeal from order rejecting application for restoration of attached property— Any person referred to in sub-section (3) of Section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

 D.—Other rules regarding processes

   87. Issue of warrant in lieu of, or in addition to, summons—A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons 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 time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

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

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

   89. Arrest on breach of bond for appearance—When any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

   90. Provisions of this Chapter generally applicable to summonses and warrants of arrest—The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall so far as may be, apply to every summons and every warrant of arrest issued under this Code.

 Chapter VII

 PROCESSES TO COMPEL THE PRODUCTION OF THINGS

 A.—Summons to produce

   91. Summons to produce document or other thing—(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order to the person in whose possession or power such document or thing is believed to be, requiring him to attend and 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 be deemed to have complied with the requisition if he causes such document or thing to be produced instead of 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 Bankers' Books Evident Act. 1891 (13 of 1891), or

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

   92. Procedure as to letters and telegrams—(1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, 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, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of Police wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

 B.—Search-warrants

   93. When search-warrant may be issued—(1) (a) When any Court has reason to believe that a person to whom a summons or order under Section 91 or a requisition under sub-section (1) of Section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons 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 this Code will be served be a general search or inspection,

 it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall 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 or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

   94. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer 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 be stolen 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 until the 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 who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article 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 brought into India in contravention of any notification for the time being in force under Section 11 of the Customs Act, 1962 (52 of 1962);

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscence 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)

   95. Power to declare certain publications forfeited and to issue search-warrants for the same—(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 is punishable under Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds 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 any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected 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 Books Act, 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 Court otherwise than in accordance with the provisions of Section 96.

   96. Application to High Court to set aside declaration of forfeiture—(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under Section 95, may, within two months from the date of publications is the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain 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 and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.

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

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in 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 decision shall be in accordance with the opinion of the majority of those Judges.

   97. Search for persons wrongfully confined—If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

   98. Power to compel restoration of abducted females—Upon complaint made on oath of the abducted or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband; parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

 C.—General provisions relating to searches

   99. Direction, etc., of search-warrants—The provisions of Sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under Section 93, Section 94 Section 95 or Section 97.

   100. Persons in charge of closed place to allow search—(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free 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 warrant may 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 person any article for which search should be made, such person may be searched and if such person is a woman, 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 call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them 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 such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required 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, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, 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 be prepared, 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 search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Indian Penal Code (45 of 1860).

   101. Disposal of things found in search beyond jurisdiction—When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same any of the things for which search is made, are found, such things, together with the list of the same prepared under the 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 case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

 D.—Miscellaneous

   102. Power of police officer to seize certain property—(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of any offence.

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

[14] [(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.]

   103. Magistrate may direct search in his presence—Any Magistrate may direct search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

   104. Power to impound document, etc., produced—Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

   105. Reciprocal arrangements regarding processes—(1) Where a Court in the territories to which this 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 things, or to produce it, or

(d) a search-warrant,

 [15][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 of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of Section 68 shall apply in relation to such summons as if the presiding 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 the Central Government with the government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, 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 to produce it, or

(d) a search-warrant,

[16] [issued by—

(1) a Court in any State or area in India outside territories;

(2) 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 from another 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 in accordance 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 dealt with in accordance with the procedure prescribed by Section 101:

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

 [18][Chapter VIIA

 RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAINMATTERS AND PROCEDURE FOR ATTACHMENT ANDFORFEITURE OF PROPERTY

   105A. Definitions—In this Chapter, unless the context otherwise requires,—

(a) “contracting State” means any country or place outside India in respect of which arrangements have been 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 the commission of an offence;

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

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

(e) “tracing” means determining the nature, source, dispositions, movement, title or ownership of property.

   105B. Assistance in securing transfer of persons—(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf 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 an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate against the said person to such Court, Judge or Magistrate, in such form as the Central Government 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 person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is 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 Court in 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 a contracting State, the Court in India shall ensure that the condition subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

   105C. Assistance in relation to orders of attachment or forfeiture of property—(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of Sections 105D to 105J (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 a Court 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 a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of Sections 105D to 105J (both inclusive) or, as the case may be, any other law for the time being in force.

   105D. Identifying unlawfully acquired property—(1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of Section 105C, direct any police officer not below the rank 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 respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

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

   105E. Seizure for attachment of property—(1) Where any officer conducting an inquiry or investigation under Section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permissions of the officer 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 an order of the said Court, within a period of thirty days of its being made

   105F. Management of properties seized or forfeited under this Chapter—(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of Administrator of such property.

(2) The Administrator appoined under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of Section 105E or under Section 105H in such 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, to dispose of the property which is forfeited to the Central Government.

   105G. Notice of forfeiture of property—(1) If as a result of the inquiry, investigation or survey under Section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days in the notice to indicate the sources of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case 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 behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

   105H. Forfeiture of property in certain cases—(1) The Court may, after considering the explanation, if any, to the show-cause notice issued under Section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court 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 evidence available before it.

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

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

(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 to 1956) or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.

   105I. Fine in lieu of forfeiture—(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under Section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

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

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under Section 105H and thereupon such property shall stand released.

   105J. Certain transfers to be null and void—Where after the making of an order under sub-section (1) of Section 105E or the issue of a notice under Section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under Section 105H, then, the transfer of such property shall be deemed to be null and void.

   105K. Procedure in respect of letter of request—Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

   105L. Application of this Chapter—The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangement have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.]

 Chapter VIII

 SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

   106. Security for keeping the peace on conviction—(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for 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 offence punishable 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 or 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 its power of revision.

   107. Security for keeping the peace in other cases—(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond [19][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 where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

   108. Security for good behaviour from persons disseminating seditious matters—(1) When [20][an Executive Magistrate] of the first class receives information that there is within his local jurisdiction any person who, within or without such jurisdiction.—

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

(a) any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or Section 295B 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 duties which 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 referred to 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 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.

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

   109. Security for good behaviour from suspected persons—When [21][an Executive Magistrate] of the first class receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the 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.

   110. Security for good behaviour from habitual offenders—When [1][an Executive Magistrate] of the first class receives information 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 Penal Code (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 of the 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);

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

 (c) the Employees' Provident Funds [23][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); or

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

(g) is so desperate and dangerous as 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 be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

   111. Order to be made—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, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

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

   113. Summons or warrant in case of person not so present—If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the 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 other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time a warrant for his arrest.

   114. Copy of order to accompany summons or warrant—Every summons or warrant issued under Section 113 shall be accompanied by a copy of the order made under Section 111, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

   115. Power to dispence with personal attendance—The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behavior and may permit him to appear by a pleader.

   116. Inquiry as to truth of information—(1) When an order under Section 111 has been read or explained under Section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under Section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting 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 disturbance of the public tranquillity or the commission of any offence or for the public safety, may for reasons to be recorded in writing direct the person in respect of whom the order under Section 111 has been made to execute a bond, with or without sureties, or keeping the peace or maintaining good behavior until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded;

Provided that—

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

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

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

(5) Where two or more persons have been associated together in the matter under inquiry they may be dealt within 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 its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, in the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, 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 Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

   117. Order to give security—If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute 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 for a 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 not be excessive;

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

   118. Discharge of person formed against—If, on an inquiry under Section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be that the person in respect of whom 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 in custody, shall discharge him.

   119. Commencement of period for which security is required—(1) If any person, in respect of whom as order requiring security is made under Section 106 or Section 107, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

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

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

   121. Power to reject sureties—(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond;

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

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

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

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

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

(b) If any person after having executed a bond without sureties for keeping the peace in pursuance of an order of a Magistrate under Section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said persons 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, such Magistrate shall, if such person does not give such security aforesaid, issue a warrant directing him to be detained in 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 or evidence 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 exceed three years.

(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event apply to the case of such other person also, except that the period (if any) 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) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect 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 Court of 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 taken under Section 108, be simple, and, where the proceedings have been taken under Section 109 or Section 110, be rigorous or simple as the Court or Magistrate in each case directs.

   123. Power to release persons imprisoned for failing to give security—(1) Whenever [24][the District Magistrate in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, [25][District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case] may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

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

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered 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 [26][District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case] 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 by arrested by any police officer without warrant, and shall thereupon be produced before [27][District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case].

(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release). [28][District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case] 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, be released at any time on giving security in accordance with the term of the original order for the unexpired portion aforesaid 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 cancel any bond for keeping the peace or for good beheviour executed under this Chapter by any order made by it, and [29][District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under 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 under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.

   124. Security for unexpired period of bond—(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of Section 121 or under sub-section (10) of Section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.

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

 Chapter IX

 ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

   125. Order for maintenance of wives, children and parents—(1) If any person having sufficient means neglects or refuses to maintain—

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

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

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child 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 monthly allowance for the maintenance of his wife or such child, father or mother, as such monthly rate [30][* * * *] as such Magistrate 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 such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

   [31][Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers 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 for proceeding under the second proviso shall, as far as possible, be disposed within sixty days from the date of the service 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) is deemed not to have attained his majority;

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

[32][(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or if so order, from the date of the application for maintenance or interim maintenance 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 month's [33][allowance for the maintenance or the interim maintenance and expeses of proceeding, as the case may be] remaining unpaid after the execution of the warrant, 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 unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

  Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under 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 be considered to be just ground of his wife's refusal to live with him.

(4) No wife shall be entitled to receive an [34][allowance for the maintenance of the interim maintenance and expeses 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 mutual consent.

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

 

STATE AMENDMENTS

Madhya Pradesh—In section 125 sub-section (1), for the words “five hundred rupees” the words “three thousand rupees” shall be substituted.

[M.P. Act No. 10 of 1998 (w.e.f. 30-5-1998)]

Maharashtra—In section 125 in its application to the State Maharashtra

(a) in sub-section (1),—

(i) for the words “not exceeding five hundred rupees”, the words “not exceeding fifteen hundred rupees”shall be substituted;

(ii) before the existing proviso, the following proviso shall  be inserted, namely:—

          “Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who had applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is aprima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:

Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service ofnotice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:

Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent”;

(iii) in the existing proviso, for the words, “Provided that”, the words “Provided also that” shall be substituted;

(b) after sub-section (2), the following sub-section shall be inserted, namely:—

          “(2A) Notwithstanding anything otherwise contained in sub-section (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical conditiojn, economic condition and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties”;

(c) in sub-section (3),—

(i) after the words “so ordered”, the words, brackets, figures and letter “either under sub-section (1) or sub-section (2A), as the case may be, “ shall be inserted;

(ii) after the words “each month’s allowance”, the words “or as the case may be, the lump-sum allowance to be paid in lieu of the monthly allowance” shall be inserted.

[Maharashtra Act No. 21 of 1999 (w.e.f. 20-4-1999]

 

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 be substituted;

(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 that the wife referred to in clause (a) or the minor child referred to in clause (b) or the child (not being a married daughter) referred to in clause (c) or the father or the mother referred to in clause (d) is in need of immediate relief for  her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the  wife or the minor child or the child (not being a married  daughter)  or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the  conclusion of the petition, pending the conclusion of the proceeding, and monthly during the proceedings such allowance as, having regard to the income of such person, it may seem to the Magistrate to be reasonable.”

[West Bengal Act XXV of 1992 (w.e.f. 2-8-1993)].

 

   126. Procedure—(1) Proceeding 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 for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:

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

   127. Alteration in allowance—[35][(1) On proof of a change in the circumstances of any person, receiving under Section 125 a monthly allowance for the maintenance or interim maintenance, or order under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as the thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.]

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

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

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage.

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of 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 was made;

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

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to [36][maintenance or interim maintenance as the case may be] after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a [37][monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under Section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person [38][as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of ] the said order.

 

 STATE AMENDMENTS

Maharashtra—In section 127 of the Code,—

(a) in sub-section (1), in the proviso, for the words “five hundred rupees”, the words “fifteen hundred rupees” shall be substituted.

(b) In sub-section (4),—

(i) for the words “monthly allowance” where they occur for the first time, the words “maintenance allowance” shall be substituted;

(ii) after the words “monthly allowance”, where they occur for the second time, the words “or, as the case may be, the lump-sum allowance” shall be inserted.

[Maharashtra Act No. 21 of 1999 (w.e.f.1999)]

West Bengal—In the proviso to sub-section (1) of Section 127, for the words “five hundred rupees” the words “one thousand and five hundred rupees” shall be substituted.

[W.B. Act No. 14 of 1995 (w.e.f. 2-8-1995)]

 

   128. Enforcement of order of maintenance—A copy of the order of [39][maintenance or interim maintenance and expenses of proceeding, as the case may be] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to [40][whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding as the case may be] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the [41][allowance, or as the case may be expenses due.]

 Chapter X

 MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

 A—Unlawful assemblies

   129. Dispersal of assembly by use of civil force—(1) Any Executive Magistrate or officer in charge of a police 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 the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

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

   130. Use of armed forces to disperse assembly—(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is 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 forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse 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 so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

   131. Power of certain armed force officers to disperse assembly—When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Execute Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.

   132. Protection against prosecution for acts done under preceding sections—(1) No prosecution against any person for any act purporting to be done under Section 129, Section 130 or Section 131 shall be instituted by any Criminal Court except—

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

(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 section of this Chapter,—

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

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer,

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

 B.—Public nuisances

   133. Conditional order for removal of nuisance—(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving 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 to the health or physical comfort of the community, and that, in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that any building, tent or structure, or any tree is in such a condition that it is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a conditon that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner 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 carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time 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 or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be 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 the objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made 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 grounds left unoccupied for sanitary or recreative purposes.

   134. Service or notification of order—(1) The order shall, if practicable, be served on the person against whom 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 State Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for conveying the information to such person.

   135. Person to whom order is addressed to obey or show cause—The person against whom such order is made 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.

   136. Consequence of his failing to do so—If such person does not perform such act or appear and show cause, 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.

   137. Procedure where existence of public right is denied—(1) Where an order is made under Section 133 for the purpose of preventing obstruction, nuisance of 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 as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, 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 shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds 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 existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

   138. Procedure where he appears to show cause—(1) If the person against whom an order under Section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

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

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

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

   140. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a local investigation 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 be paid.

(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 by whom the costs of such summoning and examination shall be paid.

   141. Procedure on order being made absolute and consequences of disobedience—(1) When an order has been made absolute under Section 136 or Section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and information that in case of disobedience, he will be liable to the penalty provided by 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 may recover 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 Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when 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.

   142. Injunction pending inquiry—(1) If a Magistrate making an order under Section 133 considers that immediate measures should be taken to prevent immediate danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such 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 cause to be used, such means as the 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.

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

 C.—Urgent cases of nuisance or apprehended danger

   144. Power to issue order in urgent cases of nuisance or apprehended danger—(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by Section 134, direct any person to abstain from a certain 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, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public 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 not admit 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 a particular 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 a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or after any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-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 State Government, as the case may be, shall afford to the application an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

 D.—Disputes as to immovable property

   145. Procedure where dispute concerning land or water is likely to cause breach of peace—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective 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 a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published 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 parties to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made 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 wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1) he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to 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 sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring 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 under the proviso to sub-section (4) may restore to possession the party forcibly and wrongfully dispossessed.

(b) The order made under this sub-section shall be served and published in the manner laid down in sub-section (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party 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 a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and upon the completion of the inquiry, shall make such order 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 the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under Section 107.

 

STATE AMENDMENTS

Maharashtra

(i) In sub-section (1), for the words “whenever an Executive Magistrate” the words “Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate” shall be substituted;

(ii) for sub-section (10), the following sub-section shall be substituted,

 “(10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under Section 107. In the case  of a Metropolitan Magistrate taking action under  this section, if at any stage of the proceeding, he is of the opinion that the dispute calls for an action under section 107, he shall after recording his reasons, forward the necessary information to the Executive Magistrate having jurisdiction to enable him to proceed under that section.”[Mah. Act No. 1 of 1978 (w.e.f. 15-4-1978)].

 

   146. Power to attach subject of dispute and to appoint receiver—(1) If the Magistrate at any time after making the order under sub-section (1) of Section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in Section 145, or if he is unable to satisfy as to them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights the parties thereto with 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 is no 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 such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control 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 of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;

(b) may make such other incidental or consequential orders as may be just.

   147. Dispute concerning right of use of land or water—(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified data and time and to put in written statements of their respective claims.  

Explanation.—The expression “land or water” has the meaning given to it in sub-section (2) of Section 145.

(2) The Magistrate shall then persue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions 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 interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right:

Provided that no such order shall be made where the right is exercisably at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.

(4) When in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under Section 145, he may after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of Section 145.

 

STATE AMENDMENTS

Maharashtra

(i) In Section 147(1) for the words “whenever an Executive Magistrate” substitute the words “whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the state, an Executive Magistrate.”

(ii) “saving of Proceedings pending before Executive Magistrates  in Greater Bombay, under Sections 145 to 147 of the Code:—

 If any proceedings under section 145, 146 and 147 of the code are pending before any executive Magistrate in Greater Bombay on the immediately preceding the date of commencement of this Act, they shall be continued, heard and disposed of by that Magistrate, as if this Act had not been passed.

[Maharashtra Act No. 1 of 1978 (w.e.f. 15-4-1978)].

 

   148. Local inquiry—(1) Whenever a local inquiry is necessary for the purposes of Section 145, Section 146 or Section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person is 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 Section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleasures' fees, which the Court may consider reasonable.

 Chapter XI

 PREVENTIVE ACTION OF THE POLICE

   149. Police to prevent cognizable offences—Every police may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

   150. Information of design to commit cognizable offences—Every police officer receiving information of design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any officer whose duty it is to prevent or take cognizance of the commission of any such offence.

   151. Arrest to prevent the commission of cognizable offences—(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, 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-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.

 

STATE AMENDMENTS

Maharashtra

(i) In sub-section (2) after the words “required or authorised”,  the words “under  sub-section (3) or” shall be added.

(ii) After sub-section (2), the following sub-section shall be inserted:-

 “(3) (a) Where a person is arrested under this section and the officer making the arrest, or the officer in charge of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the son is produced, has reasonable ground to believe that the detention of the arrested person  for a period longer than twenty-four hours from the time of arrest (Excluding the time required to take the arrested  person from the place of arrest to the Court of a Judicial Magistrate) is necessary, by reasons that —

 (i) the person is likely to continue the design to commit, or is likely to commit  the cognizable offence  referred to in sub-section (1) after his release; and

 (ii) the circumstances of the case are such that his  being at large is likely to be prejudicial to the maintenance of public order;

 the officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours.

 (b) Notwithstanding anything contained in this Code or any other law for the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention  of such  person  in custody beyond  the period of twenty-four hours, he may, from time to time, by order, remand  such person to such custody as he may think fit:

 Provided that no other person shall be detained under this section for a period exceedings fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person.

 (c) When any person is remanded to custody under clause (b), the Magistrate shall, as soon as may be, communicate to such person the grounds on which the order has been made and such person may make a representation against the order to the Court of Session. The Sessions Judge may, on receipt of such representation, after holding such enquiry as he deems fit, either reject the representation, or if he  considers that further detention of the arrested  person is not necessary, or that it is otherwise proper and just so to do, may vacate the order and the arrested person shall then be released forthwith.”[Maharashtra Act No. 7 of 1981 (w.e.f 27-8-1980)].

 

   152. Prevention of injury to public property—A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.

   153. Inspection of weights and measures—(1) Any officer incharge of a police station may without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weights, used or kept therein, whenever he has reason to believe that there are in such 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.

 Chapter XII

 INFORMATION TO THE POLICE AND THEIR POWERSTO INVESTIGATE

   154. Information in cognizable cases—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(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 the information referred to in sub-section (1) may send the substance of such information in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the cost himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

   155. Information as to non-cognizable cases and investigation of such cases—(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State 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 to try 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 cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

   156. Police officer's power to investigate cognizable case—(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 area within 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 ground that 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.

   157. Procedure for investigation—(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offenders;

Provided that—

(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate 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 centering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

   158. Report how submitted—(1) Every report sent to a Magistrate under Section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special 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.

   159. Power to hold investigation or preliminary inquiry—Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.

   160. Police officer's power to require attendance of witnesses—(1) Any police officer making an investigation under this Chapter may by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required;

Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

   161. Examination of witnesses by police— (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 this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts 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 penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

   162. Statements to police not to be signed : Use of statements in evidence—(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement of 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 trial in 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 been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of Section 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) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of a fact.

   163. No inducement to be offered—(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in Section 24 of the Indian Evidence Act, 1872 (1 of 1872)

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will;

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of Section 164.

   164. Recording of confessions and statements—(1) Any Metropolitan Magistrate of Judicial Magistrate may, whether or not he has jurisdiction in the cause, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry trial;

Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has 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 not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing 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 examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum 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 he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A.B.

Magistrate”.

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the  person whose statement is so recorded.

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

 

 STATE AMENDMENTS

Andaman and Nicobar Islands and Lakshadweep—After sub-section (1), insert the following sub-section (1A):

 “(1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion 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 conferred by sub-section (1) on a Judicial Magistrate, and thereupon reference in section 164 to a Judicial Magistrate shall be construed as reference to the Executive Magistrate so empowered.”[Regulation No. 1 of 1974 (w.e.f. 30-3-1974)].

 

 

   165. Search by public officer—(1) Whenever an officer in charge of a police station or a police officer making an investigation has  reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such 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 search present at the time, he may, after recording in writing his reasons for so doing require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon 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 in Section 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 nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the  same by the Magistrate.

   166. When officer in charge of police station may require another to issue search-warrant—(1)  An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of Section 165, and shall forward the thing found, in 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 another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search or cause to be searched, any place in the limits of another police station in accordance with the provisions of Section 65, as if such place were within the limits of his own police station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under Section 100, and shall also send to the nearest Magistrate empowered to take cognizance 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 of any record sent to the Magistrate under sub-section (4).

   [42][166A. Letter of request to competent authority of invesigation in a country or place outside India—(1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in  rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be  acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated 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 this behalf.

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.

   166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India—(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit—

(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or

(ii) send the letter to any police office for  investigation, who shall thereupon investigate into the offence in the 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 so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.]

   167. Procedure when investigation cannot be completed in twenty-four hours—(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter 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 not jurisdiction to try case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction;

Provided that—

[43] [(a) the Magistrate may authorise the 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 Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,—

(i) ninety 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 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 be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.

[44] [Explanation I—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.]

[45] [Explanation II]—If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b) the production  of the accused person may be proved by his signature on the order authorising detention.

[46][(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, when a judicial Magistrate is not available, transmit to the  nearest executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, in tthe expiry of the period of detention so authorised, the  accused person shall be released on bail except when an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing 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 nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.]

(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, 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 period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary;

(6) Where any order stopping further investigation into an offence has been made under sub-section (5) the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.

 

STATE AMENDMENTS

Andaman and Nicobar Islands and Lakshadweep—(i) In sub-section (1) after the words:

 “nearest Judicial Magistrate” insert the words “or, if there is no Judicial Magistrate in an Island, to an Executive Magistrate functioning in that island.”

(ii) After sub-section (1), insert following sub-section (1A):

 “(1A) Where a copy of the entries in the diary is transmitted to an Executive Magistrate, reference in section 167 to a Magistrate shall be construed as reference to such Executive Magistrate.”

(iii) Insert following proviso to sub-section (3):

 “Provided that no Executive Magistrate, other than the District Magistrate or  sub-Divisional Magistrate, shall, unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police.”

(iv) Insert following proviso  to sub-section (4):

 “Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward  a copy of the other, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate.”[Regulation 1 to 1974 (w.e.f. 30-4-74)].

Gujarat—In the proviso to sub-section (2) of Section 167.—

 (i) for paragraph (a), the following paragraph shall be substituted:

 “(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 Magistrate shall 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 said period of one hundred and twenty days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this section 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 to be recorded in writing” shall be substituted;

 (iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so remembered, the following Explanation shall be inserted, namely:—

    Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified 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 Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately, before the commencement of this Act, if the period of detention of the accused person, otherwise than in the custody of the police authorised under that section, had not, at such commencement, exceeded sixty days.                                     [President Act No. 21 of 1976 (w.e.f. 7-5-1976)]

Haryana —Same as in Uttar Pradesh [Vide Haryana Act No. 20 of 1981]

Uttar Pradesh—After section 167, insert following section :

 “167A. Procedure on  arrest by Magistrate—For the avoidance of doubts, it is hereby declared that the provisions of section 167 shall, so far as may be, apply  also in relation to any person arrested by, or under any order or direction of, a Magistrate, whether executive or judicial.” [Uttar Pradesh Act No. 18 of 1978 (w.e.f. 5-11-1977)].

Punjab

 In sub-section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the State of Punjab, for the words “fifteen days” at both the places where they occur, the words “thirty days”, shall be substituted. [Punjab Act No. 1 of 1984, (w.e.f. 23-6-1984)].

Tripura

 In section 167, in its  application to the State of Tripura, in paragraph (a) of the proviso  to sub-section (2)—

 (a) for the words “ninety days” wherever they occur, the words “one hundred eighty days” shall be substituted;

 (b) for the words “sixty days” wherever they occur, the words “one hundred twenty days” shall be substituted.[Tripura Act No. 6 of 1992, (w.e.f. 29-7-1992)].

West Bengal.—In section 167 of the principal Act,—

(a) for 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 within a period of six months, or

 (ii) any case exclusively triable by a Court of Session or a case under Chapter  XVIII of the Indian 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 investigations is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the  continuation of the investigation beyond the periods mentioned in this sub-section is necessary.”

(b) in sub-section (6), after the words “any order stopping further investigation into an offence has been made”, the words “and  the accused has been discharged” shall be inserted.         [West Bengal Act No. 24 of 1988].

 

   168. Report of investigation by subordinate police officer—When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

   169. Release of accused when evidence deficient—If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such  officer shall, if such person is in custody release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

   170. Cases to be sent to Magistrate when evidence is sufficient—(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under  custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed 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 security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the 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 include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or person.

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the person who  executed it, and shall then send to the Magistrate the original with his report.

   171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint—No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond :

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

   172. Diary of proceedings in investigation—(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information 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.

(2) Any Criminal Court may send for the police diaries of a case under inquiry of trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry of trial.

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who  made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.

   173. Report of police officer on completion of investigation—(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—

(a) the names of the parties;

(b) the nature of the informatin;

(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.

(ii) The officers shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which 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 his bond, 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 the Magistrate alog with the report—

(a) all documents or relevant extract thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is in expedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude the 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 accused copies 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 a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the  officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further 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 forwarded under sub-section (2).

   174. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.

(3) [47][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 any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of 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 appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrate are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

   175. Power to summon persons—(1) A police  officer proceeding under Section 174 may, by order in writing, summon two or more person as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a 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 shall not be required by the police officer to attend a Magistrate's Court.

   176. Inquiry by Magistrate into cause of death—(1) [48][When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of Section 174], the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead  of, or in addition to, the investigation held by the police officer; and if he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith 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 any person who has been already inferred, in order to discover the cause of his death, the Magistrate may cause 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 to remain present at the inquiry.

Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.

 Chapter XIII

 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

   177. Ordinary place of inquiry and trial—Every offence shall ordinarily be inquired into and tried by a Court within local jurisdiction it was committed.

   178. Place of inquiry or trial—(a) When it is uncertain in which of several local areas an offence was 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 than one, 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.

   179. Offence triable where act is done or consequence ensues—When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

   180. Place of trial where act is offence by reason of relation to other offence—When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

   181. Place of trial in case of certain offences—(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local 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 local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having  reason to believe it to be stolen property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received, 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 Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

   182. Offences committed by letters, etc.—(1) Any offence which includes cheating may, if the deception is practiced by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letter or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was 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 be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or spouse by the first marriage [49][or the wife by the first marriage has taken up permanent residence after the commission of the offence.]

   183. Offence committed on journey or voyage—When an offence is committed whilst the person by or against whom, or the thing in respect of which, offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing  passed in the course of the journey of voyage.

   184. Place of trial for offence triable together—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 tried together by virtue of the provisions of Section 223,

 the offence may be inquired into or tried by any Court competent to inquire into or try any of the offences.

   185. Power to order cases to be tried in different sessions divisions—Notwith- standing anythings contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any session division;

Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time being in force.

   186. High Court to decide, in case of doubt, district where inquiry or trial shall take place—Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to enquire into 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 of whose appellate criminal jurisdiction the proceedings were first commenced.

 and thereupon all other proceedings in respect of that offence shall be discontinued.

   187. Power to issue summons for warrant for offence committed beyond local jurisdiction —(1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of Sections 177 to 185 (both inclusive), of any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may enquire into the offence as if it has been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to enquire 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 give bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his appearance before the Magistrate having such jurisdiction.

(2) When there are more Magistrate than one having such jurisdiction and the Magistrate acting under this section 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.

   188. Offence committed outside India—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 he may be found.

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

   189. Receipt of evidence relating to offences committed outside India—When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of Section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue  a commission for taking evidence as to the  matters to which such depositions or exhibits relate.

 Chapter XIV

 CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

   190. Cognizance of offences by Magistrates—(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take 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, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try;

 

STATE AMENDMENTS

 

Punjab & Union Territory of Chandigarh—After Section 190 the following section, inserted:

 “190A. Cognizance of offences by Executive Magistrate.—Subject to the provisions of this Chapter any Executive Magistrate may take cognizance of any specified 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, that such offence has been committed.”

[Punjab Act No. 22 of 1983 (w.e.f. 27-6-1983)]

 

   191. Transfer on application of the accused—When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of Section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief judicial Magistrate in this behalf.

 

STATE AMENDMENTS

Punjab & Union Territory of Chandigarh—In Section 191, for the words “clause (c) of sub-section (1) of Section 190” substitute the words “Section 190A” and for the words “Magistrate” and “Chief Judicial Magistrate” substitute the words “Executive Magistrate” and “District Magistrate” wherever occurring.

[Punjab Act No. 22 of 1983 (w.e.f. 27-6-1983)]

 

 

   192. Making over of cases to Magistrates—(1) Any Chief Judicial Magistrate, may, after taking cognizance of an 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 taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

 

 STATE AMENDMENTS

Punjab & Union Territory of Chandigarh—In Section 192, for the words, “Chief Judicial Magistrate” and the words “Magistrate of the First Class” or “Magistrate” wherever they occur, substitute the words “District Magistrate” and “Executive Magistrate” respectively. [Punjab Act No. 22 of 1983 (w.e.f. 27-6-1983)]

 

   193. Cognizance of offences by Courts of Session—Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of  Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

   194. Additional and Assistant Sessions Judges to try cases made over to them —An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

   195. Prosecution for contempt of lawful authority of public servants, for offence against public justice and for  offences relating to documents given in evidence—(1) No Court shall take cognizance—

(a) (i) of any offence punishable under Sections 172 to 188 (both inclusive) or the Indian Penal Code (45 to 1860), or

(ii) of any abatement 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 is administratively 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 offence is 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, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit or, attempt to commit, or the abatement of, any offence specified in sub-clause (i) or sub-clause (ii),

 except on the complaint in writing of that Court, 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 to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the 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 a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes 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 to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies to the principal Court having ordinary original civil jurisdiction within 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 Court to 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 subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

   196. Prosecution for offence against the State and for criminal conspiracy to commit such offence—(1) No Court shall take cognizance of—

(a) any offence punishable under Chapter VI or under Section 153A, [50][Section 295A or sub-section (1) of Section 505] of the Indian Penal Code (45 of 1860), or

(b) a criminal conspiracy to commit such offence, or

(c) any such abatement, 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.

[51] [(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 the Indian 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 District Magistrate.]

(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under Section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit [52][an offence] punishable with death, imprisonment for life or rigorous imprisonment  for a  term of two years or upwards, unless the State Government or the 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 such consent shall be necessary.

(3) The Central Government or the State Government may, before according sanction [53][under sub-section (1) or sub-section (1A) and the District Magistrate may, before according sanction under sub-section (1A)] and the State Government or the District Magistrate may, before giving consent under sub-section (2) order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of Section 155.

   197. Prosecution of Judges and public servants—(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence 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—

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged 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 the alleged offence employed, in connection with the affairs of a State, of the State Government

[54][Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of Article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression “State Government” occurring therein, the expression “Central Government” were substituted.]

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while action or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply  as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

[55][(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 a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of Article 356 of the constitution was in force therein, except with the previous sanction of the Central Government.

(3B). Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a Court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of Article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter 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 public servant is to be conducted, and may specify the Court before which the trial is to be held.

 

 STATE AMENDMENTS

Assam—Sub-section (3) shall be substituted as under:

 “(3) The State Government may, be notification, direct that the provisions of sub-section (2) shall apply—

 (a) to such class or category of the members of the Forces  charged with the maintenance of public order, or

 (b) to such class or category of other public servants [not being persons to whom the provisions of sub-section  (1) or sub-section (2) apply] charged with the maintenance of public order,

 as may be specified in the notification,  wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression `Central Government' occurring therein, the expression `State Government' were substituted.

[Assam (President) Act No. 3 of 1980, (w.e.f. 5-6-1980)].

Maharashtra—Add Section 197A after Section 197.

 “197A. Prosecution of Commissioner or Receiver appointed by Civil Court—When any person who is a Commissioner or Receiver appointed by a Court  under the provisions of Code of Civil Procedure, 1908, is accused of any offence alleged to have been committed  by him while acting or purporting of act in the discharge of his functions as Commissioner or Receiver, no Court shall take cognizance of such offence, except with the previous sanction of the Court, which appointed such Commissioner  or Receiver, as the case may be.

[Maharashtra Act No. 60 of 1981. (w.e.f. 5-10-1981)]

   198. Prosecution for offences against marriage—(1) No Court  shall take  cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved 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 or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;

(c) where the person aggrieved by an offence punishable under [56][Section 494 or Section 495] of the Indian Penal 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 [57][or, with the leave of the Court, by any other person related to her by blood, marriage or adoption].

(2) For the purposes or sub-section (1) no person other than the husband of the woman shall be deemed to be aggrieved 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 time when 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 be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is  satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.

(4) The authorization referred to in clause (b) of the proviso to sub-section (1) shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of a sense for the purpose of making a complaint 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, be presumed 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 fifteen years of 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 abatement of, or attempt to commit, an offence as they apply to the offence.

   [58][198A. Prosecution of offences under Section 498A of the Indian Penal Code—No Court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code (45 of 1860) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.]

   199. Prosecution of defamation—(1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person agrrieved 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 sickness or infirmity unable to make  a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.

(2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860), is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions a Court of Sessions may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.

(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the 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 the previous sanction—

(a) of the State Government in the case of a person who is or has been the Governor of that State or a Minister of the Government.

(b) of the State Government in the case of any other public servant employed in connection with the 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 the complaint is made within six months from the date on which the offence is alleged to have been committed.

(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.

 Chapter XV

 COMPLAINTS TO MAGISTRATES

   200. Examination of complainant—A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate;

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses,—

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192;

Provided further that if the Magistrate makes over the case to another Magistrate under Section  192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

   201. Procedure by Magistrate not competent to take cognizance of the case—If the complaint is made 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 an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

    202. Postponement of issue of process—(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, 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 the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (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 witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) made by a person not being a police office, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.

   203. Dismissal of complaint—If, after considering the statements on oath (if any) of the complainant 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 the complaint, and in every such case he shall briefly record his reasons for so doing.

 Chapter XVI

 COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

   204. Issue of process—(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient 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 accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

(2) No  summons or warrant shall be issued against the accused under sub-section (I) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing every summons or warrant issued under 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 process shall be issued until the fees are paid and, if such fees are not paid within a  reasonable time, the Magistrate may dismiss the complaint,

(5) Nothing in this section shall be deemed to affect the provisions of Section 87.

     205. Magistrate may dispense with personal attendance of accused—(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused 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 the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in a manner hereinbefore provided.

   206. Special summons in cases of petty offence—(1) If, in the  opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under Section 260, the Magistrate shall, except where he is, for reasons to be recorded in writing of a country opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader 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 one hundred rupees.

(2) For the purposes of this section “petty offence” means any offence punishable only with fine not exceeding one thousand rupees, but does to include any offence so punishable under the Motor Vehicles Act, 1939 (4 of 1939), or under any other law which provides for convicting the accused person in his absence on a plea of guilty.

[59][(3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under Section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to  the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.]

   207. Supply to the accused of copy of police report and other documents—In any case where the proceeding 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 prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion 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 report under sub-section (5) of Section 173:

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of the part of the statement of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

   208. Supply of copies of statements and documents to accused in other cases triable by Court of Session—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without 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 the Magistrate:

(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 to rely:

Provided that if the  Magistrate is satisfied that any such document is voluminous, he shall instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

   209. Commitment of case to Court of Session when offence is triable exclusively by it—When in a case instituted on a police report  or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—

[60][(a) commit, after complying with the provisions of  Section 207 or Section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the 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 to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

   210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence—(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police in progress in  relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or 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 report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of 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 does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.

 Chapter XVII

 THE CHARGE

 A—Form of charges

   211. Contents of charge—(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of 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 be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute 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 previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit  to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

 ILLUSTRATIONSS

   (a) A is charged with the murder of B. This is equivalent to a statement that A's act felt within the definition of murder given in Sections 299 and 300 of the Indian Penal Code (45 of 1860), that it did not  fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to Section 300, or that, if it did fall within Exception 1, one or other of the three provisions 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 B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by Section 335 of 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, or that he used a false property-mark, without reference to the definition, 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 of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

   212. Particulars as to time, place and person—(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was 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 other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be 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.

   213. When manner of committing offence must be stated—When the nature of the case is such that the particulars mentioned in Sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

 ILLUSTRATIONSS

   (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 in which 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 the evidence 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 function.

   (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.