Bare Act

THE CODE OF CRIMINAL PROCEDURE, 1973 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

  1. Short title, extent and commencement. 
  2. Definitions. 
  3. Construction of references. 
  4. Trial of offences under the Indian Penal Code and other laws. 5. Saving

CHAPTER II 

CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

  1. Classes of Criminal Courts. 
  2. Territorial divisions. 
  3. Metropolitan areas. 
  4. Court of Session. 
  5. Subordination of Assistant Sessions Judges. 
  6. Courts of Judicial Magistrates. 
  7. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 13. Special Judicial Magistrates. 
  8. Local jurisdiction of Judicial Magistrates. 
  9. Subordination of Judicial Magistrates. 
  10. Courts of Metropolitan Magistrates. 
  11. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. 18. Special Metropolitan Magistrates. 
  12. Subordination of Metropolitan Magistrates. 
  13. Executive Magistrates. 
  14. Special Executive Magistrates. 
  15. Local Jurisdiction of Executive Magistrates. 
  16. Subordination of Executive Magistrates. 
  17. Public Prosecutors. 
  18. Assistant Public Prosecutors. 

25A. Directorate of Prosecution. 

CHAPTER III 

POWER OF COURTS 

  1. Courts by which offences are triable. 
  2. Jurisdiction in the case of juveniles.

SECTIONS 

  1. Sentences which High Courts and Sessions Judges may pass. 
  2. Sentences which Magistrates may pass. 
  3. Sentence of imprisonment in default of fine. 
  4. Sentence in cases of conviction of several offences at one trial. 
  5. Mode of conferring powers. 
  6. Powers of officers appointed. 
  7. Withdrawal of powers. 
  8. Powers of Judges and Magistrates exercisable by their successors-in-office. CHAPTER IV 

A.–POWERS OF SUPERIOR OFFICERS OF POLICE 

  1. Powers of superior officers of police. 

B.–AID TO THE MAGISTRATES AND THE POLICE 

  1. Public when to assist Magistrates and police. 
  2. Aid to person, other than police officer, executing warrant. 
  3. Public to give information of certain offences. 
  4. Duty of officers employed, in connection with the affairs of a village to make certain report. CHAPTER

ARREST OF PERSONS 

  1. When police may arrest without warrant. 

41A. Notice of appearance before police officer. 

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

41C. Control room at districts. 

41D. Right of arrested person to meet an advocate of his choice during interrogation. 42. Arrest on refusal to give name and residence. 

  1. Arrest by private person and procedure on such arrest. 
  2. Arrest by Magistrate. 
  3. Protection of members of the Armed Forces from arrest. 
  4. Arrest how made. 
  5. Search of place entered by person sought to be arrested. 
  6. Pursuit of offenders into other jurisdictions. 
  7. No unnecessary restraint. 
  8. Person arrested to be informed of grounds of arrest and of right to bail. 

50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. 51. Search of arrested person.

SECTIONS 

  1. Power to seize offensive weapons. 
  2. Examination of accused by medical practitioner at the request of police officer. 53A. Examination of person accused of rape by medical practitioner. 54. Examination of arrested person by medical officer. 

54A. Identification of person arrested. 

  1. Procedure when police officer deputes subordinate to arrest without warrant. 55A. Health and safety of arrested person. 
  2. 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. 
  3. Police to report apprehensions. 
  4. Discharge of person apprehended. 
  5. Power, on escape, to pursue and retake. 

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

CHAPTER VI 

PROCESSES TO COMPEL APPEARANCE 

A.–Summons 

  1. Form of summons. 
  2. Summons how served. 
  3. Service of summons on corporate bodies and societies. 
  4. Service when persons summoned cannot be found. 
  5. Procedure when service cannot be effected as before provided. 
  6. Service on Government servant. 
  7. Service of summons outside local limits. 
  8. Proof of service in such cases and when serving officer not present. 69. Service of summons on witness by post. 

B.–Warrant of arrest 

  1. Form of warrant of arrest and duration. 
  2. Power to direct security to be taken. 
  3. Warrants to whom directed. 
  4. Warrant may be directed to any person. 
  5. Warrant directed to police officer. 
  6. Notification of substance of warrant. 
  7. Person arrested to be brought before Court without delay. 
  8. Where warrant may be executed. 
  9. Warrant forwarded for execution outside jurisdiction. 
  10. Warrant directed to police officer for execution outside jurisdiction. 80. Procedure on arrest of person against whom warrant issued.

SECTIONS 

  1. Procedure by Magistrate before whom such person arrested is brought. C.–Proclamation and attachment 
  2. Proclamation for person absconding. 
  3. Attachment of property of person absconding. 
  4. Claims and objections to attachment. 
  5. Release, sale and restoration of attached property. 
  6. Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes 
  7. Issue of warrant in lieu of, or in addition to, summons. 
  8. Power to take bond for appearance. 
  9. Arrest on breach of bond for appearance. 
  10. Provisions of this Chapter generally applicable to summonses and warrants of arrest. CHAPTER VII 

PROCESSES TO COMPEL THE PRODUCTION OF THINGS 

A.–Summons to produce 

  1. Summons to produce document or other thing. 
  2. Procedure as to letters and telegrams. 

B.–Search-warrants 

  1. When search-warrant may be issued. 
  2. 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. 
  3. Search for persons wrongfully confined. 
  4. Power to compel restoration of abducted females

C.–General provisions relating to searches 

  1. Direction, etc., of search-warrants. 
  2. Persons in charge of closed place to allow search. 
  3. Disposal of things found in search beyond jurisdiction. 

D.–Miscellaneous 

  1. Power of police officer to seize certain property. 
  2. Magistrate may direct search in his presence. 
  3. Power to impound document, etc., produced. 
  4. Reciprocal arrangements regarding processes. 

CHAPTER VIIA 

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

105A. Definitions. 

105B. Assistance in securing transfer of persons.

SECTIONS 

105C. Assistance in relation to orders of attachment or forfeiture of property. 105D. Identifying unlawfully acquired property. 

105E. Seizure or attachment of property. 

105F. Management of properties seized or forfeited under this Chapter. 105G. Notice of forfeiture of property. 

105H. Forfeiture of property in certain cases. 

105-I. 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 

  1. Security for keeping the peace on conviction. 
  2. Security for keeping the peace in other cases. 
  3. Security for good behaviour from persons disseminating seditious matters. 109. Security for good behaviour from suspected persons.  
  4. Security for good behaviour from habitual offenders. 
  5. Order to be made. 
  6. Procedure in respect of person present in Court. 
  7. Summons or warrant in case of person not so present. 
  8. Copy of order to accompany summons or warrant. 
  9. Power to dispense with personal attendance. 
  10. Inquiry as to truth of information. 
  11. Order to give security. 
  12. Discharge of person informed against. 
  13. Commencement of period for which security is required. 
  14. Contents of bond. 
  15. Power to reject sureties. 
  16. Imprisonment in default of security. 
  17. 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. 

  1. Procedure. 
  2. Alteration in allowance. 
  3. Enforcement of order of maintenance.

CHAPTER X 

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 

A.–Unlawful assemblies 

SECTIONS 

  1. Dispersal of assembly by use of civil force. 
  2. Use of armed forces to disperse assembly. 
  3. Power of certain armed force officers to disperse assembly. 
  4. Protection against prosecution for acts done under preceding sections. B.–Public nuisances 
  5. Conditional order for removal of nuisance. 
  6. Service or notification of order. 
  7. Person to whom order is addressed to obey or show cause. 
  8. Consequences of his failing to do so. 
  9. Procedure where existence of public right is denied. 
  10. Procedure where he appears to show cause. 
  11. Power of Magistrate to direct local investigation and examination of an expert. 140. Power of Magistrate to furnish written instructions, etc. 
  12. Procedure on order being made absolute and consequences of disobedience. 142. Injunction pending inquiry. 
  13. Magistrate may prohibit repetition or continuance of public nuisance. C.–Urgent cases of nuisance or apprehended danger 
  14. Power to issue order in urgent cases of nuisance or apprehended danger. 144A.Power to prohibit carrying arms in procession or mass drill or mass training with arms. D.–Disputes as to immovable property 
  15. 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. 
  16. Dispute concerning right of use of land or water. 
  17. Local inquiry. 

CHAPTER XI 

PREVENTIVE ACTION OF THE POLICE 

  1. Police to prevent cognizable offences. 
  2. Information of design to commit cognizable offences. 
  3. Arrest to prevent the commission of cognizable offences. 
  4. Prevention of injury to public property. 
  5. Inspection of weights and measures. 

CHAPTER XII 

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 

  1. Information in cognizable cases. 
  2. Information as to non-cognizable cases and investigation of such cases.

SECTIONS 

  1. Police officer’s power to investigate cognizable case. 
  2. Procedure for investigation. 
  3. Report how submitted. 
  4. Power to hold investigation or preliminary inquiry. 
  5. Police officer’s power to require attendance of witnesses. 
  6. Examination of witnesses by police. 
  7. Statements to police not to be signed: Use of statements in evidence. 
  8. No inducement to be offered. 
  9. Recording of confessions and statements. 

164A. Medical examination of the victim of rape. 

  1. Search by police officer. 
  2. When officer in charge of police station may require another to issue search-warrant. 166A. Letter of request to competent authority for investigation in a country or place outside India.  166B. Letter of request from a country or place outside India to a Court or an authority for  investigation in India. 
  3. Procedure when investigation cannot be completed in twenty-four hours. 
  4. Report of investigation by subordinate police officer. 
  5. Release of accused when evidence deficient. 
  6. Cases to be sent to Magistrate, when evidence is sufficient. 
  7. Complainant and witnesses not to be required to accompany police officer and not to be  subjected to restraint. 
  8. Diary of proceedings in investigation. 
  9. Report of police officer on completion of investigation. 
  10. Police to enquire and report on suicide, etc. 
  11. Power to summon persons. 
  12. Inquiry by Magistrate into cause of death. 

CHAPTER XIII 

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 

  1. Ordinary place of inquiry and trial. 
  2. Place of inquiry or trial. 
  3. Offence triable where act is done or consequence ensues. 
  4. Place of trial where act is an offence by reason of relation to other offence. 
  5. Place of trial in case of certain offences. 
  6. Offences committed by letters, etc. 
  7. Offence committed on journey or voyage. 
  8. Place of trial for offences triable together. 
  9. Power to order cases to be tried in different sessions divisions. 
  10. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction.

SECTIONS 

  1. Offence committed outside India. 
  2. Receipt of evidence relating to offences committed outside India. 

CHAPTER XIV 

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 

  1. Cognizance of offences by Magistrates. 
  2. Transfer on application of the accused. 
  3. Making over of cases to Magistrates. 
  4. Cognizance of offences by Courts of Session. 
  5. Additional and Assistant Sessions Judges to try cases made over to them. 
  6. Prosecution for contempt of lawful authority of public servants, for offences against public  justice and for offences relating to documents given in evidence. 

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

  1. Prosecution for offences against the State and for criminal conspiracy to commit such offence. 197. Prosecution of Judges and public servants. 
  2. Prosecution for offences against marriage. 

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

198B. Cognizance of offence. 

  1. Prosecution for defamation. 

CHAPTER XV 

COMPLAINTS TO MAGISTRATES 

  1. Examination of complainant. 
  2. Procedure by Magistrate not competent to take cognizance of the case. 
  3. Postponement of issue of process. 
  4. Dismissal of complaint. 

CHAPTER XVI 

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 

  1. Issue of process. 
  2. Magistrate may dispense with personal attendance of accused. 
  3. Special summons in cases of petty offence. 
  4. Supply to the accused of copy of police report and other documents. 
  5. Supply of copies of statements and documents to accused in other cases triable by Court of  Session. 
  6. Commitment of case to Court of Session when offence is triable exclusively by it. 
  7. 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 

  1. Contents of charge. 
  2. Particulars as to time, place and person.

SECTIONS 

  1. When manner of committing offence must be stated. 
  2. Words in charge taken in sense of law under which offence is punishable. 215. Effect of errors. 
  3. Court may alter charge. 
  4. Recall of witnesses when charge altered. 

B.Joinder of charges 

  1. Separate charges for distinct offences. 
  2. Three offences of same kind within year may be charged together. 220. Trial for more than one offence. 
  3. Where it is doubtful what offence has been committed. 
  4. When offence proved included in offence charged. 
  5. What persons may be charged jointly. 
  6. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XVIII 

TRIAL BEFORE A COURT OF SESSION 

  1. Trial to be conducted by Public Prosecutor. 
  2. Opening case for prosecution. 
  3. Discharge. 
  4. Framing of charge. 
  5. Conviction on plea of guilty. 
  6. Date for prosecution evidence. 
  7. Evidence for prosecution. 
  8. Acquittal. 
  9. Entering upon defence. 
  10. Arguments. 
  11. Judgment of acquittal or conviction. 
  12. Previous conviction. 
  13. Procedure in cases instituted under section 199(2). 

CHAPTER XIX 

TRIAL OF WARRANT-CASES BY MAGISTRATES 

A.–Cases instituted on a police report 

  1. Compliance with section 207. 
  2. When accused shall be discharged. 
  3. Framing of charge. 
  4. Conviction on plea of guilty. 
  5. Evidence for prosecution. 
  6. Evidence for defence.

SECTIONS 

B.–Cases instituted otherwise than on police report  

  1. Evidence for prosecution. 
  2. When accused shall be discharged. 
  3. Procedure where accused is not discharged. 
  4. Evidence for defence. 

C.–Conclusion of trial 

  1. Acquittal or conviction. 
  2. Absence of complainant. 
  3. Compensation for accusation without reasonable cause. 

CHAPTER XX 

TRIAL OF SUMMONS-CASES BY MAGISTRATES 

  1. Substance of accusation to be stated. 
  2. Conviction on plea of guilty. 
  3. Conviction on plea of guilty in absence of accused in petty cases. 254. Procedure when not convicted. 
  4. Acquittal or conviction. 
  5. Non-appearance or death of complainant. 
  6. Withdrawal of complaint. 
  7. Power to stop proceedings in certain cases. 
  8. Power of Court to convert summons-cases into warrant-cases. 

CHAPTER XXI 

SUMMARY TRIALS 

  1. Power to try summarily. 
  2. Summary trial by Magistrate of the second class. 
  3. Procedure for summary trials. 
  4. Record in summary trials. 
  5. Judgment in cases tried summarily. 
  6. Language of record and judgment. 

CHAPTER XXIA 

PLEA BARGAINING 

265A. Application of the Chapter. 

265B. Application for plea bargaining. 

265C. Guidelines for mutually satisfactory disposition. 

265D. Report of the mutually satisfactory disposition to be submitted before the Court. 265E. Disposal of the case. 

265F. Judgment of the Court. 

265G. Finality of the judgment. 

265H. Power of the Court in plea bargaining.

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SECTIONS 

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

265J. Savings. 

265K. Statements of accused not to be used. 

265L. Non-application of the Chapter. 

CHAPTER XXII 

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 

  1. Definitions. 
  2. Power to require attendance of prisoners. 
  3. 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. 
  4. Power to issue commission for examination of witness in prison. 

CHAPTER XXIII 

EVIDENCE IN INQUIRIES AND TRIALS 

A.–Mode of taking and recording evidence 

  1. Language of Courts. 
  2. Evidence to be taken in presence of accused. 
  3. Record in summons-cases and inquiries. 
  4. Record in warrant-cases. 
  5. Record in trial before Court of Session. 
  6. Language of record of evidence. 
  7. Procedure in regard to such evidence when completed. 
  8. Interpretation of evidence to accused or his pleader. 
  9. Remarks respecting demeanour of witness. 
  10. Record of examination of accused. 
  11. Interpreter to be bound to interpret truthfully. 
  12. Record in High Court. 

B.–Commissions for the examination of witnesses 

  1. When attendance of witness may be dispensed with and commission issued. 285. Commission to whom to be issued. 
  2. Execution of commissions. 
  3. Parties may examine witnesses. 
  4. Return of commission. 
  5. Adjournment of proceeding. 
  6. Execution of foreign commissions. 
  7. Deposition of medical witness. 

291A. Identification report of Magistrate.

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SECTIONS 

  1. Evidence of officers of the Mint. 
  2. Reports of certain Government scientific experts. 
  3. No formal proof of certain documents. 
  4. Affidavit in proof of conduct of public servants. 
  5. Evidence of formal character on affidavit. 
  6. Authorities before whom affidavits may be sworn. 
  7. Previous conviction or acquittal how proved. 
  8. Record of evidence in absence of accused. 

CHAPTER XXIV  

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 

  1. Person once convicted or acquitted not to be tried for same offence. 
  2. Appearance by Public Prosecutors. 
  3. Permission to conduct prosecution. 
  4. Right of person against whom proceedings are instituted to be defended. 
  5. Legal aid to accused at State expense in certain cases. 
  6. Procedure when corporation or registered society is an accused. 
  7. Tender of pardon to accomplice. 
  8. Power to direct tender of pardon. 
  9. Trial of person not complying with conditions of pardon. 
  10. Power to postpone or adjourn proceedings. 
  11. Local inspection. 
  12. Power to summon material witness, or examine person present. 

311A. Power of Magistrate to order person to give specimen signatures or handwriting. 312. Expenses of complainants and witnesses. 

  1. Power to examine the accused. 
  2. Oral arguments and memorandum of arguments. 
  3. Accused person to be competent witness. 
  4. No influence to be used to induce disclosure. 
  5. Provision for inquiries and trial being held in the absence of accused in certain cases. 318. Procedure where accused does not understand proceedings. 
  6. Power to proceed against other persons appearing to be guilty of offence. 
  7. Compounding of offences. 
  8. Withdrawal from prosecution. 
  9. Procedure in cases which Magistrate cannot dispose of. 
  10. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be  committed. 
  11. Trial of persons previously convicted of offences against coinage, stamp-law or property. 325. Procedure when Magistrate cannot pass sentence sufficiently severe.

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SECTIONS 

  1. Conviction or commitment on evidence partly recorded by one Magistrate and partly by  another. 
  2. Court to be open. 

CHAPTER XXV 

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 

  1. Procedure in case of accused being lunatic. 
  2. Procedure in case of person of unsound mind tried before Court. 
  3. Release of person of unsound mind pending investigation or trial. 
  4. Resumption of inquiry or trial. 
  5. Procedure on accused appearing before Magistrate or Court. 
  6. When accused appears to have been of sound mind. 
  7. Judgment of acquittal on ground of unsoundness of mind. 
  8. Person acquitted on such ground to be detained in safe custody. 
  9. Power of State Government to empower officer-in-charge to discharge. 
  10. Procedure where lunatic prisoner is reported capable of making his defence. 338. Procedure where lunatic detained is declared fit to be released. 
  11. Delivery of lunatic to care of relative or friend. 

CHAPTER XXVI 

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 

  1. Procedure in cases mentioned in section 195. 
  2. Appeal. 
  3. Power to order costs. 
  4. Procedure of Magistrate taking cognizance. 
  5. Summary procedure for trial for giving false evidence. 
  6. Procedure in certain cases of contempt. 
  7. 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. 
  8. Discharge of offender on submission of apology. 
  9. Imprisonment or committal of person refusing to answer or produce document. 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 351. Appeals from convictions under sections 344, 345, 349 and 350. 
  10. Certain Judges and Magistrates not to try certain offences when committed before themselves. CHAPTER XXVII 

THE JUDGMENT 

  1. Judgment. 
  2. Language and contents of judgment. 
  3. Metropolitan Magistrate’s judgment.

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SECTIONS 

  1. Order for notifying address of previously convicted offender. 
  2. Order to pay compensation. 

357A. Victim compensation scheme. 

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

  1. Compensation to persons groundlessly arrested. 
  2. Order to pay costs in non-cognizable cases. 
  3. Order to release on probation of good conduct or after admonition. 
  4. Special reasons to be recorded in certain cases. 
  5. Court not to alter judgment. 
  6. Copy of judgment to be given to the accused and other persons. 
  7. Judgment when to be translated. 
  8. Court of Session to send copy of finding and sentence to District Magistrate. CHAPTER XXVIII 

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 

  1. Sentence of death to be submitted by Court of Session for confirmation. 
  2. 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. 
  3. Confirmation or new sentence to be signed by two Judges. 
  4. Procedure in case of difference of opinion. 
  5. Procedure in cases submitted to High Court for confirmation

CHAPTER XXIX 

APPEALS 

  1. No appeal to lie unless otherwise provided. 
  2. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace  or good behaviour. 
  3. Appeals from convictions. 
  4. No appeal in certain cases when accused pleads guilty. 
  5. No appeal in petty cases. 
  6. Appeal by the State Government against sentence. 
  7. Appeal in case of acquittal. 
  8. Appeal against conviction by High Court in certain cases. 
  9. Special right of appeal in certain cases. 
  10. Appeal to Court of Session how heard. 
  11. Petition of appeal. 
  12. Procedure when appellant in jail. 
  13. Summary dismissal of appeal. 
  14. Procedure for hearing appeals not dismissed summarily. 
  15. Powers of the Appellate Court. 
  16. Judgments of Subordinate Appellate Court. 
  17. Order of High Court on appeal to be certified to lower Court.

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SECTIONS 

  1. Suspension of sentence pending the appeal; release of appellant on bail. 
  2. Arrest of accused in appeal from acquittal. 
  3. Appellate Court may take further evidence or direct it to be taken. 
  4. Procedure where Judges of Court of Appeal are equally divided. 
  5. Finality of judgments and orders on appeal. 
  6. Abatement of appeals. 

CHAPTER XXX 

REFERENCE AND REVISION 

  1. Reference to High Court. 
  2. Disposal of case according to decision of High Court. 
  3. Calling for records to exercise powers of revision. 
  4. Power to order inquiry. 
  5. Sessions Judge’s powers of revision. 
  6. Power of Additional Sessions Judge. 
  7. High Court’s powers of revision. 
  8. Power of High Court to withdraw or transfer revision cases. 
  9. Option of Court to hear parties. 
  10. Statement by Metropolitan Magistrate of ground 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 

  1. Power of Supreme Court to transfer cases and appeals. 
  2. Power of High Court to transfer cases and appeals. 
  3. Power of Sessions Judge to transfer cases and appeals. 
  4. Withdrawal of cases and appeals by Sessions Judges. 
  5. Withdrawal of cases by Judicial Magistrate. 
  6. Making over or withdrawal of cases by Executive Magistrates. 
  7. Reasons to be recorded. 

CHAPTER XXXII 

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES 

A.–Death Sentences 

  1. Execution of order passed under section 368. 
  2. Execution of sentence of death passed by High Court. 
  3. Postponement of execution of sentence of death in case of appeal to Supreme Court. 416. Postponement of capital sentence on pregnant woman.

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SECTIONS 

B.–Imprisonment 

  1. Power to appoint place of imprisonment. 
  2. Execution of sentence of imprisonment. 
  3. Direction of warrant for execution. 
  4. Warrant with whom to be lodged. 

C.–Levy of fine 

  1. Warrant for levy of fine. 
  2. Effect of such warrant. 
  3. 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 

  1. Who may issue warrant. 
  2. Sentence on escaped convict when to take effect. 
  3. Sentence on offender already sentenced for another offence. 
  4. Period of detention undergone by the accused to be set off against the sentence of  imprisonment. 
  5. Saving. 
  6. Return of warrant on execution of sentence. 
  7. Money ordered to be paid recoverable as a fine. 

E.–Suspension, remission and commutation of sentences 

  1. Power to suspend or remit sentences. 
  2. Power to commute sentence. 

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

  1. Concurrent power of Central Government in case of death sentences. 
  2. State Government to act after consultation with Central Government in certain cases. CHAPTER XXXIII 

PROVISIONS AS TO BAIL AND BONDS 

  1. In what cases bail to be taken. 

436A. Maximum period for which an undertrial prisoner can be detained. 

  1. When bail may be taken in case of non-bailable offence. 

437A. Bail to require accused to appear before next appellate Court.  

  1. Direction for grant of bail to person apprehending arrest. 
  2. Special powers of High Court or Court of Session regarding bail. 
  3. Amount of bond and reduction thereof. 
  4. Bond of accused and sureties. 

441A. Declaration by sureties. 

  1. Discharge from custody.

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SECTIONS 

  1. Power to order sufficient bail when that first taken is insufficient. 444. Discharge of sureties. 
  2. Deposit instead of recognizance. 
  3. Procedure when bond has been forfeited. 

446A. Cancellation of bond and bail bond. 

  1. Procedure in case of insolvency of death of surety or when a bond is forfeited. 448. Bond required from minor. 
  2. Appeal from orders under section 446. 
  3. Power to direct levy of amount due on certain recognizances. 

CHAPTER XXXIV 

DISPOSAL OF PROPERTY 

  1. Order for custody and disposal of property pending trial in certain cases. 452. Order for disposal of property at conclusion of trial. 
  2. Payment to innocent purchaser of money found on accused. 
  3. Appeal against orders under section 452 or section 453. 
  4. Destruction of libellous and other matter. 
  5. Power to restore possession of immovable property. 
  6. Procedure by police upon seizure of property. 
  7. Procedure where no claimant appears within six months. 
  8. Power to sell perishable property. 

CHAPTER XXXV 

IRREGULAR PROCEEDINGS 

  1. Irregularities which do not vitiate proceedings. 
  2. Irregularities which vitiate proceedings. 
  3. Proceedings in wrong place. 
  4. Non-compliance with provisions 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.

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CHAPTER XXXVI 

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 

SECTIONS 

  1. Definitions. 
  2. Bar to taking cognizance after lapse of the period of limitation. 
  3. Commencement of the period of limitation. 
  4. Exclusion of time in certain cases. 
  5. Exclusion of date on which Court is closed. 
  6. Continuing offence. 
  7. Extension of period of limitation in certain cases. 

CHAPTER XXXVII  

MISCELLANEOUS 

  1. Trials before High Courts. 
  2. Delivery to commanding officers of persons liable to be tried by Court-martial. 476. Forms. 
  3. Power of High Court to make rules. 
  4. Power to alter functions allocated to Executive Magistrate in certain cases. 479. Case in which Judge or Magistrate is personally interested. 
  5. Practising pleader not to sit as Magistrate in certain Courts. 
  6. Public servant concerned in sale not to purchase or bid for property. 
  7. Saving of inherent power of High Court. 
  8. 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. 

FORM NO. 1.—Summons to an accused person. 

FORM NO. 2.—Warrant of arrest. 

FORM NO. 3.—Bond and bail-bond after arrest under a warrant. 

FORM NO. 4.—Proclamation requiring the appearance of a person accused. 

FORM NO. 5.—Proclamation requiring the attendance of a witness. 

FORM NO. 6.—Order of attachment to compel the attendance of a witness. 

FORM NO. 7.—Order of attachment to compel the appearance of a person accused. FORM NO. 8.—Order authorising an attachment by the District Magistrate or Collector. FORM NO. 9.—Warrant in the first instance to bring up a witness. 

FORM NO. 10.—Warrant to search after information of a particular offence. 

FORM NO. 11.—Warrant to search suspected place of deposit.

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FORM NO. 12.—Bond to keep the peace. 

FORM NO. 13.—Bond for good behaviour. 

FORM NO. 14.—Summons on information of a probable breach of the peace. FORM NO. 15.—Warrant of commitment on failure to find security to keep the peace. FORM NO. 16.—Warrant of commitment on failure to find security for good behaviour. FORM NO. 17.—Warrant to discharge a person imprisoned on failure to give security. FORM NO. 18.—Warrant of imprisonment on failure to pay maintenance. FORM NO. 19.—Warrant to enforce the payment of maintenance by attachment and sale. FORM NO. 20.—Order for the removal of nuisances. 

FORM NO. 21.—Magistrate’s notice and peremptory order. 

FORM NO. 22.—Injunction to provide against imminent danger pending inquiry. FORM NO. 23.—Magistrate’s order prohibiting the repetition, etc., of a nuisance. FORM NO. 24.—Magistrate’s order to prevent obstruction, riot, etc. 

FORM NO. 25.—Magistrate’s order declaring party entitled to retain possession of land,  etc., in dispute. 

FORM NO. 26.—Warrant of attachment in the case of a dispute as to the possession of  land, etc. 

FORM NO. 27.—Magistrate’s order prohibiting the doing of anything on land or water. FORM NO. 28.—Bond and bail-bond on a preliminary inquiry before a Police Officer. FORM NO. 29.—Bond to prosecute or give evidence. 

FORM NO. 30.—Special summons to a person accused of a petty offence. FORM NO. 31.—Notice of commitment by Magistrate to Public Prosecutor. FORM NO. 32.—Charges. 

  1. Charges with one-head. 
  2. Charges with two or more heads. 

III. Charges for theft after previous conviction. 

FORM NO. 33.—Summons to witness. 

FORM NO. 34.—Warrant of commitment on a sentence of imprisonment or fine if passed  by a Court. 

FORM NO. 35.—Warrant of imprisonment on failure to pay compensation. 

FORM NO. 36.—Order requiring production in Court of person in prison for answering to  charge of offence. 

FORM NO. 37.—Order requiring production in Court of person in prison for giving  evidence. 

FORM NO. 38.—Warrant of commitment in certain cases of contempt when a fine is  imposed. 

FORM NO. 39.—Magistrate’s or Judge’s warrant of commitment of witness refusing to  answer or to produce document. 

FORM NO. 40.—Warrant of commitment under sentence of death. 

FORM NO. 41.—Warrant after a commutation of a sentence. 

FORM NO. 42.—Warrant of execution of a sentence of death.

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FORM NO. 43.—Warrant to levy a fine by attachment and Sale. 

FORM NO. 44.—Warrant for recovery of fine. 

FORM NO. 44A.—Bond for appearance of offender released pending realisation of fine. 

FORM NO. 45.—Bond and bail-bond for attendance before officer in charge of police  station or Court. 

FORM NO. 46.—Warrant to discharge a person imprisoned on failure to give security. FORM NO. 47.—Warrant of attachment to enforce a bond. 

FORM NO. 48.—Notice to surety on breach of a bond. 

FORM NO. 49.—Notice to surety of forfeiture of bond for good behaviour. 

FORM NO. 50.—Warrant of attachment against a surety. 

FORM NO. 51.—Warrant of commitment of the surety of an accused person admitted to  bail. 

FORM NO. 52.—Notice to the principal of forfeiture of bond to keep the peace. 

FORM NO. 53.—Warrant to attach the property of the principal on breach of a bond to  keep the peace. 

FORM NO. 54.—Warrant of imprisonment on breach of a bond to keep the peace. FORM NO. 55.—Warrant of attachment and sale on forfeiture of bond for good behaviour. FORM NO. 56.—Warrant of imprisonment on forfeiture of bond for good behaviour. 

APPENDIX I.—[Extracts from the Code of Criminal Procedure (Amendment) Act, 2005 (25 of  2005).]

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THE CODE OF CRIMINAL PROCEDURE, 1973 

ACT NO. 2 OF 1974 

[25th January, 1974.] 

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

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

PRELIMINARY 

  1. 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 1***: 

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI  thereof, shall not apply— 

(a) to the State of Nagaland, 

(b) to the tribal areas, 

but the concerned State Government may, by notification, apply such provisions or any of them to the  whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental,  incidental or consequential modifications, as may be specified in the notification. 

Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st  day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the  Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on the 1st day of April, 1974. 

STATE AMENDMENT 

Haryana 

In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,-In section 1, after figures  “2014”, the words “as extended to the Union territory of Chandigarh” shall be inserted; [Vide Notification No. GSR929(E) dated 16th December, 2019.] 

Manipur 

In the Code of Criminal Procedure (Manipur Amendment) Act, 1982 (Manipur Act No. 3 of  1983), hereinafter referred to as the principal Act, for the sub-section (3) of section 1, the following  shall be substituted, namely,– 

“(3) It shall come into force, on its publication in the official Gazette, in such area of the State  of Manipur and shall remain in force during such period as the notification issued under section 3  of the Armed Forces (Special Powers) Act, 1958 declaring that area to be a disturbed area shall be  in operation, but its expiry under the operation of this sub-section shall not affect— 

(a) the previous operation of, or anything duly done or suffered under, this act, or (b) any right, privilege, obligation or liability acquired, accured or incurred under this  Act, or  

(c) any penalty, forfeiture or punishment incurred in respect of any offence under this  Act, or 

  

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

21 

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,  obligation, liability, penalty, forfeiture or punishment as aforesaid, 

and any such investigation, legal proceeding or remedy may be instituted, continued or  enforced any such penalty, forfeiture or punishment may be imposed as if this Act had not  expired.”. 

[Vide Manipur Act 10 of 1983, s. 2] 

  1. 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 for a State has  been extended by law, that High Court; 

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

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

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

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

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

(j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the  Court or Magistrate may exercise all or any of its or his powers under this Code 1[and such local area  may comprise the whole of the State, or any part of the State, as the State Government may, by  notification, specify]; 

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

(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a  

  

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

22 

case in which, a police officer has no authority to arrest without warrant; 

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

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

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

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

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

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

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

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

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

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

(w) “summons-case” means a case relating to an offence, and not being a warrant-case; 1[(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or  omission for which the accused person has been charged and the expression “victim” includes his or  her guardian or legal heir;] 

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

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

STATE AMENDMENT 

Haryana  

In section 2, for the words “State of Haryana”, the words “Union territory of Chandigarh” shall be  substituted. 

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

Manipur 

In section 2 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely,– “(a) to such class or category of the members of the Forces charged with the maintained 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, 

  

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

23 

as may be specified in the notification, wherever they may be serving, and thereupon the  provisions of that sub-section shall apply as if for the expression Central Government’ occurring  therein, the expression ‘Central Government’ occurring therein, the expression ‘State  Government’ were substituted.”. 

[Vide Manipur Act 10 of 1983, s. 3] 

  1. 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 exercisable by a Magistrate relate to  matters,— 

(a) which involve the appreciation or sifting of evidence or the formulation of any decision which  exposes any person to any punishment or penalty or detention in custody pending investigation,  inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject  to the provisions of this Code, be exercisable by a Judicial Magistrate; or 

(b) which are administrative or executive in nature, such as, the granting of a licence, the  suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution,  they shall, subject as aforesaid, be exercisable by an Executive Magistrate.

24 

STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

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

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

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

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

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

(3) On the cesser of operation of the provisions of this section, every 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.”. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 3.] 

  1. Trial of offences under the Indian Penal Code and other laws.—(1) All offences under the  Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with  according to the 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. 

STATE AMENDMENT 

Manipur 

In section 4 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely:– “(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 of the Forces persons to whom the  provisions of sub-section (1) or sub-section (2) apply) charged with the maintenance or 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.”. 

[Vide Manipur Act 10 of 1983, s. 4] 

In relation to trial of the offences specified in clause (a) of sub-section (1) of section 4 of this Act, any  reference to a Magistrate in Chapters XIX and XX of the Code shall be construed as reference to a  Specified Execution Magistrate and the expression “Any Magistrate in the Sixth Column of the First  Schedule to the Code shall include Specified Executive Magistrate. 

[Vide Manipur Act 3 of 1985, s. 4(2) and The Schedule] 

  1. 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.

25 

STATE AMENDMENT 

Manipur 

In section 5 of the principal Act,– 

(i) in between the figures and commas “396,” and “399,” , the figures and comma “397,” shall be  inserted; 

(ii) in between the words “or” and “Session”, the words “the Court of” shall be inserted. [Vide Manipur 10 of 1983, s. 5] 

CHAPTER II 

CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

  1. 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. 

  1. 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 consultation with the High Court, alter the limits or the number  of such divisions and districts. 

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

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

  1. 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 a metropolitan area for the purposes of this Code. 

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

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

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

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any  metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, 

26 

trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not  taken place. 

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

STATE AMENDMENT 

Delhi 

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

(a) in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof”; (b) for sub-section (3), substitute the following sub-section, namely:— 

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

Provided that— 

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

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

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

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

[Vide Delhi Act 9 of 2011, s. 2.] 

  1. 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 appointed by the High Court. 

(3) The High Court may also appoint Additional Sessions Judges and Assistant Session 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 

27 

disposal of the case or the examination of any witness or witnesses therein. 

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

STATE AMENDMENT 

West Bengal.— 

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

Provided that notwithstanding anything to the contrary contained in this Code, an Additional 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 purposes of sub-section (7) of session 116, sections 193 and 194, 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.”. 

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

Orissa 

Amendment of section 9.-In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), to sub-section (3), the following provisions shall be added,  namely:— 

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

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

[Vide Orissa Act 6 of 2004, s. 2] 

  1. 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. 

  1. 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: 

1[Provided that the State Government may, after consultation with the High Court, establish, for any    

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

28 

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 on any member of the Judicial Service of the State,  functioning as a Judge in a Civil Court. 

STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of section  11, for the words “any member of the judicial service of the state functioning as a judge in a civil court”, the words  “any person discharging the functions of a civil court”, shall be substituted. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 4.] 

  1. 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 sub-division as the High Court may, by general or special order,  specify in this behalf. 

  1. 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 1[of the first class or of the second class, in  respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:] 

Provided that no such power shall be conferred on a person unless he possesses such qualification 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. 

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

STATE AMENDMENT 

Assam 

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

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

(2) The State Government, or subject to the control of the State Government, the District Magistrate may place  one or more Sub divisional Magistrates in charge of a subdivision”. 

[Vide Assam Act 13 of 1964, s. 2.] 

  

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

29 

Himachal Pradesh 

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

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

Andhra Pradesh and Telangana 

Amendment of section 13, Act (2 of 1974).-In the Code of Criminal Procedure, 1973 (hereinafter referred to as the  Principal Act) 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 said sub-section 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 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”. 

[Vide Andhra Pradesh Act 2 of 1992, s. 2] 

  1. 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: 

1[Provided that the Court of 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. 

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

STATE AMENDMENT 

Maharashtra 

Insertion of section 14A in Act 2 of 1974.—after section 14 of the Code of Criminal Procedure, 1973 (2 of  1974), in its application to the State of Maharashtra (hereinafter referred to as “the said Code”), the following  section shall be inserted, 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 conferrable 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. 

[Vide Maharashtra Act 23 of 1976, s. 2] 

  1. 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 subordinate to him. 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. 

  

  1. Added by Act 45 of 1978, s. 5, (w.e.f. 18-12-1978). 
  2. Ins. by s. 5, ibid. (w.e.f. 18-12-1978).

30 

  1. 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. 

  1. Special Metropolitan 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 Metropolitan Magistrate, in respect to particular  cases or to particular classes of cases 1*** , in any metropolitan area 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 term, not  exceeding one year at a time, as the High Court may, by general or special order, direct. 2[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan  Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first  class.] 

STATE AMENDMENT 

Andhra Pradesh and Telangana 

Amendment of section 18.- In section 18 of the Principal Act, in sub-section (2) for the words “not exceeding one  year at a time,” the words “not exceeding two 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”. 

[Vide the Andhra Pradesh Act 2 of 1992, s. 3] 

Maharashtra 

Amendment of section 18 of Act 2 of 1974.—In section 18 of the said Code, in sub-section (1), for the words  “in any metropolitan area” the words “in one or more metropolitan areas” shall be substituted. 

[Vide Maharashtra Act 23 of 1976, s. 3] 

  1. 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. 

  1. 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 3[such] of the powers of a District Magistrate under this Code or under any other law for  the time being in force 4[as may be directed by the State Government]. 

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds  

  

  1. The words “or to cases generally” omitted by s. 6, ibid., (w.e.f. 18-12-1978). 
  2. Subs. by Act 45 of 1978, s. 6, for sub-section (3) (w.e.f. 18-12-1978). 
  3. Subs. by Act 45 of 1978, s. 7, for “all or any” (w.e.f. 18-12-1978). 
  4. Ins. by s. 7, ibid, (w.e.f. 18-12-1978).

31 

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 sub-division shall be called the  Sub-divisional Magistrate.  

1[(4A) The State Government may, by general or special order and subject to such control and directions as it  may deem fit to impose, delegate its powers under sub-section (4) to the District 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. 

  1. 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 conferrable under  this Code on Executive Magistrates, as it may deem fit. 
  2. Local Jurisdiction of Executive Magistrates.—(1) 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. 

  1. 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 the 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. 

2[24. Public Prosecutors.—(1) For every High Court, the Central Government or the State  Government shall, after consultation 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 contained 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: 

  

  1. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23-6-2006). 
  2. Subs. by Act 45 of 1978, s. 8, for section 24 (w.e.f. 18-12-1978).

32 

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)

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

(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which  includes therein the post of a Public Prosecutor, by whatever name called, and which provides for  promotion of Assistant Public Prosecutors, by whatever name called, to that post; 

(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the  functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor  under this Code.] 

(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 of cases, a person who has been in practice as an advocate for not less than ten years as a Special  Public Prosecutor: 

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

(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 AMENDMENT 

Karnataka 

Amendment of section 24.- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of  1974) (hereinafter referred to as the principal Act) in sub-section (1),— 

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

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

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

Maharashtra  

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

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

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

“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject to  the provisions of sub-sections (4) and (5), 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.”. 

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

  

  1. Ins. by Act 25 of 2005, s. 3 (w.e.f. 23-6-2006).  
  2. Ins. by Act 5 of 2009, s. 3 (w.e.f. 31-12-2009).

33 

Maharashtra 

Amendment of Section 24 of Act II of 1974.—In section 24 of the Code of Criminal Procedure, 1973  (2 of 1974), in its application to the State of Maharashtra,— 

(a) in sub-section (1), the words “, after consultation with the High Court,” shall be deleted; (b) in sub-section (4), for the words “in consultation with the Sessions Judge,” the words “with  the approval of the State Government,” shall be substituted. 

[Vide Maharashtra Act 34 of 1981, s. 2] 

Madhya Pradesh  

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

(i) in sub-section (6), for the words, “brackets and figure “Notwithstanding anything contained 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 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. 

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

West Bengal 

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

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

West Bengal  

In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 25 of 1992, s. 3.]

34 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section 24.— After sub-section (6), insert the following sub-section, namely:— 

“(6A).–Notwithstanding anything contained in sub-section (1) and sub-section (6), the Government of the Union territory of Jammu and Kashmir may appoint a person who has been in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public  

Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and  Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person  constituting the cadre of Prosecution for the State of Jammu and Kashmir.” 

[vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide  notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation  (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Jammu and Kashmir and Ladakh (UTs). — 

Section 24.-In sub-section (7), for “sub-section (6)”, substitute “sub-section (6) or sub-section (6A)” 

[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir  Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).] 

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

1[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for 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 appointed 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 AMENDMENT 

Orissa 

Amendment of section 25.—In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub-section (2), 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 Prosecutors through police officers.” 

[Vide Orissa Act 6 of 1995, s. 2] 

  

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

35 

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

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

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

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

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

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

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

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

STATE AMENDMENT 

Karnataka 

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

(a) for sub-section (2), the following shall be substituted, namely:—“(2) The post of Director of  prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in  accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978  (Karnataka Act 14 of 1990).” 

(b) for sub-section (5), the following shall be substituted, namely:—“(5) Every Public Prosecutor,  Additional Public Prosecutor appointed by the State Government from the cadre of Prosecutors recruited  under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978  shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor,  Additional Prosecutor and Special Prosecutor appointed under sub-section (8) of section 24 shall be  subordinate to the Advocate General.” 

(c) in sub-section (6), for the words “Deputy Director of Prosecution, the words “Director of Prosecution” shall be substituted. 

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

Madhya Pradesh 

Substitution of Section 25A.—For section 25A of the principal Act, the following section shall be  substituted, namely: — 

  

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

36 

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

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

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

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

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

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

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

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

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section 25A.-(i) for sub-sections (1) and (2), substitute– 

(1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of  Prosecution consisting of a Director General of Prosecution and such other officers, as may be  provided in rules to be framed by the said Government; and 

(2) The Post of Director General of Prosecution and all other officers, constituting the prosecution  cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub-section (3), substitute “Director of Prosecution” with “Director General of  Prosecution”; 

(iii) for sub-section (4), substitute “(4) subject to the control of the Director General of  Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director.” (iv) substitute sub-section (5),–“Every Public Prosecutor, Additional Public Prosecutor and  Special Public Prosecutor appointed by the Government of the Union territory of Jammu and  Kashmir under subsection (1), or the case may be under sub-section (8) of section 24 to conduct  cases in the High Court shall be subordinate to the Advocate General.”; 

(v) for sub-section (7), substitute– 

“(7) The powers and functions of the Director General of Prosecution and other officers of the  prosecution cadre shall be such as may be provided by the rules”. 

(vi) omit sub-section (8).

37 

[vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide  notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation  (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 25A.-In sub-section (4), for “Joint Director”, substitute “Director Prosecution”. 

[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir  Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).] 

CHAPTER III 

POWER OF COURTS 

  1. 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 Court, or 

(ii) the Court of Session, or 

(iii) any other Court by which such offence is shown in the First Schedule to be triable: 1[Provided that any 2[offence under section 376, 3[section 376A, section 376AB, section 376B,  section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of  1860)] shall be tried as far as practicable by a Court presided over by a woman.]  (b) any offence under any other law shall, when any Court is mentioned in this behalf in 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 AMENDMENT 

Arunachal Pradesh 

Amendment of section 26.—In the Code of Criminal Procedure, 1973 (hereafter referred to as the  principal Act), in section 26, in the proviso to clause (a), for the words figures and letters “offence under  section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal  Code” the words, figures and letters “offence under section 376, section 376A, section 376AA, section  376B, section 376C, section 376D, 376DA of section 376E of the Indian Penal Code” shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 11] 

  1. 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. 
  2. 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. 

  1. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass  

  

  1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009). 
  2. Subs. by Act 13 of 2013, s. 11, for “offence under section 376 and sections 376A to 376D of the Indian Penal  Code (45 of 1860)” (w.e.f. 3-2-2013). 
  3. Subs. by Act 22 of 2019, s. 10, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).

38 

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

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

STATE AMENDMENT 

Manipur 

In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely”— “(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term  not exceeding two years, or of fine not exceeding two thousand rupees, or of both.”. 

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 

Maharashtra 

Amendment of section 29 of Act 2 of 1974.—In section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,— 

(a) in sub-section (2), for the words “ten thousand rupees” the words “fifty thousand rupees” shall  be substituted; 

(b) in sub-section (3), for the words “five thousand rupees” the words “ten thousand rupees” shall  be substituted. 

[Vide Maharashtra Act 27 of 2007, s. 2] 

Arunachal Pradesh 

Amendment of section 29.—In section 29 of the principal Act (i) in sub-section (2), for the words  “ten thousand rupees” the words “one lakh rupees” shall be substituted. 

(i) in sub-section (3), for the words “five thousand rupees”, the words twenty five thousand rupees  shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 12] 

  1. 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.  

  

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

39 

(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 than 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.  

  1. 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 be their official titles.  

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

  1. 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.  
  2. 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. 

  1. Powers of Judges and Magistrates exercisable by their successors-in-office.—(1) Subject to  the other provisions of this Code, the powers 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 proceedings or order thereunder, be deemed  to be the successor-in-office of such Magistrate. 

CHAPTER IV 

A.—POWERS OF SUPERIOR OFFICERS OF POLICE 

  1. 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 

  1. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or 

40 

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. 

  1. 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. 
  2. 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) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity  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); 

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

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt 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) section 409 (that is to say, offence relating to criminal breach of trust by public servant,  etc.); 

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property); (x) sections 449 and 450 (that is to say, offence of house trespass); 

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

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

  1. 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 a village shall forthwith communicate to the nearest Magistrate or to 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; 

  

  1. Ins. by Act 42 of 1993, s. 3 (w.e.f. 22-05-1993).

41 

(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 offender; (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  disappearance 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, has directed him to communicate information. (2) In this section,— 

(i) “village” includes village-lands; 

(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any  Court or 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 

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

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

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

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

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

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

(b) for proper investigation of the offence; or 

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

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

  

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

42 

(e) as unless such person is arrested, his presence in the Court whenever required cannot  be ensured, 

and the police officer shall record while making such arrest, his reasons in writing: 1[Provided that a police officer shall, in all cases where the arrest of a person is not required under  the provisions of this sub-section, record the reasons in writing for not making the arrest.]; (ba) against whom credible information has been received that he has committed a cognizable  offence punishable with imprisonment for a term which may extend to more than seven years whether  with or without fine or with death sentence and the police officer has reason to believe on the basis of  that information that such person has committed the said offence;] 

(c) who has been proclaimed as an offender either under this Code or by order of the 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[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or  against whom a complaint has been made or credible information has been received or reasonable  suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a  Magistrate.] 

3[41A. Notice of appearance before police officer.—(1) 4[The police officer shall], in all cases  where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a  notice directing the person against whom a reasonable complaint has been made, or credible information  has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear  before him or at such other place as may be specified in the notice. 

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

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

5[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to  identify himself, the police officer may, subject to such orders as may have been passed by a competent    

  1. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010). 
  2. Subs. by Act 5 of 2009, s. 5, for sub-section (2) (w.e.f. 1-11-2010).  
  3. Ins. by s. 6, ibid. (w.e.f. 1-11-2010). 
  4. Subs. by Act 41 of 2010, s. 3, for “The police officer may” (w.e.f. 2-11-2010). 
  5. Subs. by s. 3, ibid., for sub-section (4) (w.e.f. 2-11-2010).

43 

Court in this behalf, arrest him for the offence mentioned in the notice.] 

41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making  an arrest shall— 

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

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

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

(ii) countersigned by the person arrested; and 

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that  he has a right to have a relative or a friend named by him to be informed of his arrest. 41C. Control room at districts.—(1) The State Government shall establish a police control room— (a) in every district; and 

(b) at State level. 

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

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

41D. Right of arrested person to meet an advocate of his choice during interrogation.—When any  person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during  interrogation, though not throughout interrogation.] 

  1. 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. 

  1. 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 unnecessary 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. 

  1. 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  offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to 

44 

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. 

  1. Protection of members of the Armed Forces from arrest.—(1) Notwithstanding anything contained  in sections 41 to 44 (both inclusive), no member of 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 except after obtaining the  consent of the Central Government. 

(2) The State Government may, by 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 that sub-section shall apply as if  for the expression “Central Government” occurring therein, the expression “State Government” were substituted. 

  1. 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: 

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

(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 for life. 

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

  1. 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  entering 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 open 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. 

  1. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting  

  

  1. Ins. by Act 5 of 2009, s. 7 (w.e.f. 31-12-2009).  
  2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006).

45 

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. 

  1. 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. 

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

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

(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be  kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the  requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] 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. 

  1. 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. 
  2. Examination of accused by medical practitioner at 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. 

2[Explanation.—In this section and in sections 53A and 54,— 

(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual  

  

  1. Ins. by Act 25 of 2005, s. 7 (w.e.f. 23-6-2006). 
  2. Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).

46 

offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific  techniques including DNA profiling and such other tests which the registered medical practitioner thinks  necessary in a particular case; 

(b) “registered medical practitioner” means a medical practitioner who possesses any 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.] 

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

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

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

(ii) the age of the accused, 

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

(iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail. 

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

(4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who  shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of  sub-section (5) of that section.] 

2[54. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall be  examined by a medical officer in the service of Central or State Government, and in case the medical officer is not  available, by a registered medical practitioner soon after the arrest is made: 

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

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

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

3[54A. Identification of person arrested.—Where a person is arrested on a charge of committing an offence  and his identification by any other person or persons is considered necessary for the purpose of investigation of such  offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the  person so arrested to subject himself to identification by any person or persons in such manner as the Court may  

  

  1. Ins. by s. 9, ibid. (w.e.f. 23-6-2006). 
  2. Subs. by Act 5 of 2009, s. 8, for section 54 (w.e.f. 31-12-2009). 
  3. Ins. by Act 25 of 2005, s. 11 (w.e.f. 23-6-2006).

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deem fit:] 

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

Provided further that if the person identifying the person arrested is mentally or physically disabled, the  identification process shall be videographed.] 

  1. 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. 2[55A. Health and safety of arrested person.—It shall be the duty of the person having the custody  of an accused to take reasonable care of the health and safety of the accused.]  

  1. 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  provisions herein contained as to bail, take or send the person arrested before a Magistrate having  jurisdiction in the case, or before the officer in charge of a police station. 
  2. 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. 
  3. 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. 
  4. 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 arrests 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. 3[60A. Arrest to be made strictly according to the Code.—No arrest shall be made except in  accordance with the provisions of this Code or any other law for the time being in force providing for  arrest.] 

CHAPTER VI 

PROCESSES TO COMPEL APPEARANCE 

A.—Summons 

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

  

  1. Ins. by Act 13 of 2013, s. 12 (w.e.f. 3-2-2013).  
  2. Ins. by Act 5 of 2009, s. 9 (w.e.f. 31-12-2009). 
  3. Ins. by Act 5 of 2009, s.10 (w.e.f. 31-12-2009).

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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. 

  1. 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 therefor on the back of the other duplicate. 

  1. 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). 

  1. Service when persons summoned cannot be found.—Where the person summoned cannot, by the exercise of due diligence, be 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 therefor 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. 

  1. 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, to be there served.  
  2. 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. 

  1. 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.

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(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 AMENDMENT 

Andaman and Nicobar Islands U.T. 

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

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

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

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

B.—Warrant of arrest 

  1. 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. 
  2. 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. 

  1. 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 persons shall execute the same . 

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

  1. 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 offender or of any person who is accused of a non-bailable offence and is evading arrest. 

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person 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 

50 

security is taken under section 71. 

  1. 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. 
  2. 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. 

  1. 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. 

  1. 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 kilometres 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. 
  2. 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:

51 

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. C.—Proclamation and attachment 

  1. 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 a 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. 

1[(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence  punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or  460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required  by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender  and make a declaration to that effect. 

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

  1. 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 issue of the proclamation the Court is satisfied, by affidavit or  otherwise, that the person in relation to whom the proclamation is to be issued,— 

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

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

  

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

52 

(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 of 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). 

  1. Claims and objections to 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. 

  1. Release, sale and restoration 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 it 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 

53 

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. 

  1. 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 

  1. 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. 

  1. 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. 
  2. 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. 
  3. 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 

  1. 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 

54 

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 Evidence Act, 1891 (13 of 1891), or 

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

  1. 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 

  1. When search-warrant may be issued.—(1) (a) Where any Court has reason to believe that a  person to whom a summons 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 by 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. 

  1. 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 

55 

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) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f)

  1. 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 the 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. 

  1. 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 publication in 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 

56 

visible representations 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. 

  1. 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. 
  2. Power to compel restoration of abducted females.—Upon complaint made on oath of the  abduction 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 

  1. 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. 
  2. 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 

57 

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). 

  1. 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 

  1. 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 the commission 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. 

1[(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, 2[or where there is difficulty in securing proper accommodation for the custody  of such property, or where the continued retention of the property in police custody may not be  considered necessary for the purpose of investigation,] 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:] 

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

  1. Magistrate may direct search in his presence.—Any Magistrate may direct a 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. 
  2. 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 thing, or to  

  

  1. Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978). 
  2. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006). 
  3. Added by s. 13, ibid., (w.e.f. 23-6-2006).

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produce it, or 

(d) a search-warrant, 

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

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories,  it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer 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, 

2[issued by— 

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

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

it shall cause the same to be served or executed] as if it were a summons or warrant received by it 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: 

2[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.] 

3[CHAPTER VIIA 

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR  ATTACHMENT AND FORFEITURE 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; 

  

  1. Subs. by Act 32 of 1988, s. 2, for certain words (w.e.f. 25-5-1988). 
  2. Ins. by Act 32 of 1988, s. 2, (w.e.f. 25-5-1988). 
  3. Ins. by Act 40 of 1993, s. 2 (w.e.f. 20-7-1994).

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(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) or 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, disposition, 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 such 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 conditions 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.

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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 or 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 permission 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 an Administrator of such property. 

(2) The Administrator appointed 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 specified in the notice to indicate the source 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.

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

105-I. 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 arrangements 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 

  1. 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;

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(c) any offence of criminal intimidation; 

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its  powers of revision. 

  1. 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 tranquillity or to do any wrongful act  that may probably occasion a breach of the peace or disturb the public tranquillity 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 1[with or without sureties,] for keeping the peace for such period,  not exceeding one year, as the Magistrate thinks fit. 

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place 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. 

  1. Security for good behaviour from persons disseminating seditious matters.—(1) When 2[an Executive  Magistrate] 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 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. 

  1. Security for good behaviour from suspected persons.—When 2[an Executive Magistrate] 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. 
  2. Security for good behaviour from habitual offenders.—When 2[an Executive Magistrate] receives  information that there is within his local jurisdiction a person who— 

  

  1. Ins. by Act 45 of 1978, s. 11 (w.e.f. 18-12-1978).  
  2. Subs. by Act 63 of 1980, s. 2, for “a Judicial Magistrate of the first class” (w.e.f. 23-9-1980).

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(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); 

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

(c) the Employees’ Provident Fund 2[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); 3*** 

4[(h) the Foreigners Act, 1946 (31 of 1946); 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 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. 

  1. 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. 
  2. 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. 
  3. 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  

  

  1. Subs. by Act 56 of 1974, s. 3 and the Second Sch., for item (b) (w.e.f. 10-1-1975). 
  2. Ins. by s. 3 and the Second Sch., ibid. (w.e.f. 10-1-1975). 
  3. The word “or” omitted by Act 25 of 2005, s. 14 (w.e.f. 23-6-2006). 
  4. Ins. by s. 14, ibid. (w.e.f. 23-6-2006).

64 

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 issue a warrant for his arrest. 

  1. 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. 
  2. Power to dispense 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 behaviour and may permit him to appear by a pleader. 
  3. 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, for keeping the peace or maintaining good behaviour 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 behaviour; 

(b) the conditions of such bond, whether as to the 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, on 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. 

  1. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or 

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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. 

  1. Discharge of person informed 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. 
  2. Commencement of period for which security is required.—(1) If any person, in respect of whom an  order requiring security is made under section 106 or section 117, 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. 

  1. 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 abetment  of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond. 
  2. 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. 

  1. 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.

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(b) If any person after having executed a 1[bond, with or without sureties] 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  person 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 as 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 order 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  or 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. 

  1. Power to release persons imprisoned for failing to give security.—(1) Whenever 2[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, 3[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: 

  

  1. Subs. by Act 25 of 2005, s. 15, for “bond without sureties” (w.e.f. 23-6-2006). 
  2. Subs. by Act 45 of 1978, s. 12, for “the Chief Judicial Magistrate” (w.e.f. 18-12-1978). 
  3. Subs. by s. 12, ibid., for “Chief Judicial Magistrate” (w.e.f. 18-12-1978).

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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 2[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 be  arrested by any police officer without warrant, and shall thereupon be produced before the 1[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), 1[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 terms 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 behaviour executed under this Chapter by any order made by it, and  1[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 bond  appear or to be brought before it. 

  1. 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 

  1. 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 to maintain itself, or 

  

  1. Subs. by s. 12, ibid., for “Chief Judicial Magistrate” (w.e.f. 18-12-1978).

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(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, at such monthly rate 1*** 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: 

2[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 of  proceeding under the second proviso shall, as far as possible, be disposed of 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. 

3[(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be  payable from the date of the order, or, if so ordered, 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 4[allowance for the maintenance or the interim  maintenance and expenses 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 for his wife’s refusal to live with him. 

(4) No wife shall be entitled to receive an 5[allowance for the maintenance or the interim maintenance and  

  

  1. Certain words omitted by Act 50 of 2001, s. 2 (w.e.f. 24-9-2001). 
  2. Ins. by s. 2, ibid. (w.e.f. 24-9-2001). 
  3. Subs. by Act 50 of 2001, s. 2, for sub-section (2) (w.e.f. 24-9-2001). 
  4. Subs. by s. 2, ibid., for “allowance” (w.e.f. 24-9-2001)  
  5. Subs. by s. 2, ibid., for “allowance” (w.e.f. 24-9-2001).

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expenses 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 in 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 

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

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

Madhya Pradesh 

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

(i) for the marginal heading, the following marginal heading shall be substituted, namely:“Order for maintenance of wives, children, parents and grand parents.” 

(ii) In sub-section (1), — 

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

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

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

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

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

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

West Bengal 

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

(1) for the words “five hundred rupees”, the words “one thousand and five hundred rupees” shall 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 

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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 proceeding, the  expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to  the income of such person, it may seem to the Magistrate co be reasonable.”. 

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

West Bengal 

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

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

Maharashtra 

Amendment of section 125 of Act 2 of 1974.—In Section 125 of the Code of Criminal  Procedure, 1973, in its application to the State of Maharashtra (hereinafter referred to as “the  said Code”),- 

(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 has applied for the maintenance under this sub-section, for payment  of interim maintenance, on being satisfied that, there is a prima 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 of notice 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:-

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“(2A) Notwithstanding anything otherwise contained in sub-sections (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 monthly maintenance allowance, and the  Magistrate may, after taking into consideration all the circumstances obtaining in the case including the  factors like the age, physical condition, economic conditions and other liabilities and commitments of  both the parties, pass an order that the respondent shall pay the maintenance allowance in lumpsum 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 months 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. 

[Vide Maharashtra Act 21 of 1999, s. 2] 

  1. Procedure.—(1) Proceedings under section 125 may be taken against any person in any district(a) where he is, or  

(b) where he or his wife resides, or 

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order 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 the 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. 

STATE AMENDMENT 

Andhra Pradesh and Telangana 

Amendment of section 126-In the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act)  in section 126, in sub-section (1), for clause (b), the following shall be substituted, namely:- “(b) where he or his wife resides, or where his parents or children resides, or;” 

[Vide Andhra Pradesh Act 18 of 2007, s. 2] 

  1. Alteration in allowance.—1[(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 ordered 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 he 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 is satisfied that— 

  

  1. Subs. by Act 50 of 2001, s. 3, for sub-section (1) (w.e.f. 24-9-2001).

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(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 1[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  2[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 3[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 

Madhya Pradesh 

Amendment of section 127.In sub-section (1) of section 127 of the principal Act, for the words  “father or mother”, the words “father, mother, grand father, grand mother” shall be substituted.  [Vide Madhya Pradesh Act 15 of 2004, s. 4.] 

West Bengal  

In the proviso to sub-section (1) of section 127 of the principal Act, for the words “five hundred  rupees”, the words “one thousand and five hundred rupees” shall be substituted.  [Vide West Bengal Act 14 of 1995, s. 3.] 

West Bengal  

In Sub-section (1) of section 127 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 33 of 2001, s. 4.] 

Maharashtra 

Amendment of section 127 of Act (2 of 1974).—In section 127 of the said Code,- 

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

(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. 

[Vide Maharashtra Act 21 of 1999, s. 3] 

  1. Enforcement of order of maintenance.—A copy of the order of 4[maintenance or interim maintenance  and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is  

  

  1. Subs. by Act 50 of 2001, s. 3, for “maintenance” (w.e.f. 24-9-2001). 
  2. Subs. by s. 3, ibid., for “monthly allowance has been ordered” (w.e.f. 24-9-2001). 
  3. Subs. by Act 50 of 2001, s. 3, for “monthly allowance in pursuance of” (w.e.f. 24-9-2001). 
  4. Subs. by s. 4, ibid., for “maintenance” (w.e.f. 24-9-2001).

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made, or to his guardian, if any, or to the person to 1[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 parties and the non-payment of the 2[allowance, or as the case may be,  expenses, due].  

STATE AMENDMENT 

Andhra Pradesh and Telangana 

Amendment of section 128.—In section 128 of the principal Act, the expression “where the  person against whom it is made, may be,” shall be omitted. 

[Vide Andhra Pradesh Act 18 of 2007, s. 3]  

CHAPTER X 

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 

A.—Unlawful assemblies 

  1. 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. 

  1. 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. 

  1. 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 Executive 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. 

  

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

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  1. 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 in 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 sections 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 or in pay as an officer  of the armed forces and includes a junior commissioned officer, 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 

  1. 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 the construction of any building, or, the disposal of any substance, as is likely to occasion  configuration or explosion, should be prevented or stopped; or 

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby  cause injury to persons living or carrying on business in the neighbourhood 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,

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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 he 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. 

  1. 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. 

  1. 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. 

  1. Consequences 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. 
  2. Procedure where existence of public right is denied.—(1) Where an order is made under section 133 for  the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place,  the Magistrate shall, on the appearance before him of the person against whom the order was made, question him 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.

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  1. 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. 

  1. 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. 

  1. 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. 

  1. 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 inform him 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. 

  1. Injunction pending inquiry.(1) If a Magistrate making an order under section 133 considers that  immediate measures should be taken to prevent imminent 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 he thinks fit to obviate such danger or to prevent such injury. 

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

  1. 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.

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C.Urgent cases of nuisance or apprehended danger 

  1. 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, expir ed, 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 alter 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 applicant 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 o r 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. 

1[144A. Power to prohibit carrying arms in procession or mass drill or mass training with  arms.(1) The District Magistrate may, whenever he considers it necessary so to do for the  preservation of public peace or public safety or for the maintenance of public order, by public notice  or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any  procession or the organising or holding of, or taking part in, any mass drill or mass training with  arms in any public place. 

(2) A public notice issued or an order made under this section may be directed to a particular  person or to persons belonging to any community, party or organisation. 

(3) No public notice issued or an order made under this section shall remain in force for more  than three months from the date on which it is issued or made. 

(4) The State Government may, if it considers necessary so to do for the preservation of public  peace or public safety or for the maintenance of public order, by notification, direct that a public  notice issued or order made by the District Magistrate under this section shall remain in force for  such further period not exceeding six months from the date on which such public notice or order was  issued or made by the District Magistrate would have, but for such direction, expired, as it may  

  

  1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)

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specify in the said notification. 

(5) The State Government may, subject to such control and directions as it may deem fit to  impose, by general or special order, delegate its powers under sub-section (4) to the District  Magistrate. 

Explanation.The word “arms” shall have the meaning assigned to it in section 153AA of the  Indian Penal Code (45 of 1860).] 

D.Disputes as to immovable property 

  1. 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.

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(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this sec tion, 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 AMENDMENT 

Maharashtra 

Amendment of section 145 of Act 2 of 1974.-In section 145 of the Code of Criminal Procedure,  1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as “the said  Code”),- 

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

(b) for sub-section (10), the following sub-section shall be substituted, namely:- 

“(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 state 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.”. 

[Vide Maharashtra Act 1 of 1978, s. 2] 

  1. 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 himself as to which of 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 of 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. 

  1. 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 user 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 date and time and to put in written  statements of their respective claims.

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