LawgistAll Acts
Code of Criminal Procedure
An Act to consolidate and amend the law relating to Criminal Procedure.
| Act Id | 197402 |
| Act Number | 02 |
| Enactment Date | 1974-01-25 |
| Act Year | 1974 |
| Ministry | Ministry of Home Affairs |
| Enforcement Date | 01-04-1974 |
- PRELIMINARY
- CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- 6 Classes of Criminal Courts
- 7 Territorial divisions
- 8 Metropolitan areas
- 9 Court of Session
- 10 Subordination of Assistant Sessions Judges
- 11 Courts of Judicial Magistrates
- 12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
- 13 Special Judicial Magistrates
- 14 Local jurisdiction of Judicial Magistrates
- 15 Subordination of Judicial Magistrates
- 16 Courts of Metropolitan Magistrates
- 17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
- 18 Special Metropolitan Magistrates
- 19 Subordination of Metropolitan Magistrates
- 20 Executive Magistrates
- 21 Special Executive Magistrates
- 22 Local jurisdiction of Executive Magistrates
- 23 Subordination of Executive Magistrates
- 24 Public Prosecutors
- 25 Assistant Public Prosecutors
- 25A Directorate of Prosecution
- POWER OF COURTS
- 26 Courts by which offences are triable
- 27 Jurisdiction in the case of juveniles
- 28 Sentences which High Courts and Sessions Judges may pass
- 29 Sentences which Magistrates may pass
- 30 Sentence of imprisonment in default of fine
- 31 Sentence in cases of conviction of several offences at one trial
- 32 Mode of conferring powers
- 33 Powers of officers appointed
- 34 Withdrawal of powers
- 35 Powers of Judges and Magistrates exercisable by their successors-in-office
- A.--POWERS OF SUPERIOR OFFICERS OF POLICE
- B.--AID TO THE MAGISTRATES AND THE POLICE
- ARREST OF PERSONS
- 41 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
- 43 Arrest by private person and procedure on such arrest
- 44 Arrest by Magistrate
- 45 Protection of members of the Armed Forces from arrest
- 46 Arrest how made
- 47 Search of place entered by person sought to be arrested
- 48 Pursuit of offenders into other jurisdictions
- 49 No unnecessary restraint
- 50 Person arrested to be informed of grounds of arrest and of right to bail
- 50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person
- 51 Search of arrested person
- 52 Power to seize offensive weapons
- 53 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
- 55 Procedure when police officer deputes subordinate to arrest without warrant
- 55A Health and safety of arrested person
- 56 Person arrested to be taken before Magistrate or officer in charge of police station
- 57 Person arrested not to be detained more than twenty-four hours
- 58 Police to report apprehensions
- 59 Discharge of person apprehended
- 60 Power, on escape, to pursue and retake
- 60A Arrest to be made strictly according to the Code
- A.--Summons
- 61 Form of summons
- 62 Summons how served
- 63 Service of summons on corporate bodies and societies
- 64 Service when persons summoned cannot be found
- 65 Procedure when service cannot be effected as before provided
- 66 Service on Government servant
- 67 Service of summons outside local limits
- 68 Proof of service in such cases and when serving officer not present
- 69 Service of summons on witness by post
- B.--Warrant of arrest
- 70 Form of warrant of arrest and duration
- 71 Power to direct security to be taken
- 72 Warrants to whom directed
- 73 Warrant may be directed to any person
- 74 Warrant directed to police officer
- 75 Notification of substance of warrant
- 76 Person arrested to be brought before Court without delay
- 77 Where warrant may be executed
- 78 Warrant forwarded for execution outside jurisdiction
- 79 Warrant directed to police officer for execution outside jurisdiction
- 80 Procedure on arrest of person against whom warrant issued
- 81 Procedure by Magistrate before whom such person arrested is brought
- C.--Proclamation and attachment
- D.--Other rules regarding processes
- A.--Summons to produce
- B.--Search-warrants
- 93 When search-warrant may be issued
- 94 Search of place suspected to contain stolen property, forged documents, etc
- 95 Power to declare certain publications forfeited and to issue search-warrants for the same
- 96 Application to High Court to set aside declaration of forfeiture
- 97 Search for persons wrongfully confined
- 98 Power to compel restoration of abducted females
- C.--General provisions relating to searches
- D.--Miscellaneous
- RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
- 105A Definitions
- 105B Assistance in securing transfer of persons
- 105C Assistance in relation to orders of attachment or forfeiture of property
- 105D Identifying unlawfully acquired property
- 105E Seizure or attachment of property
- 105F Management 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
- SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- 106 Security for keeping the peace on conviction
- 107 Security for keeping the peace in other cases
- 108 Security for good behaviour from persons disseminating seditious matters
- 109 Security for good behaviour from suspected persons
- 110 Security for good behaviour from habitual offenders
- 111 Order to be made
- 112 Procedure in respect of person present in Court
- 113 Summons or warrant in case of person not so present
- 114 Copy of order to accompany summons or warrant
- 115 Power to dispense with personal attendance
- 116 Inquiry as to truth of information
- 117 Order to give security
- 118 Discharge of person informed against
- 119 Commencement of period for which security is required
- 120 Contents of bond
- 121 Power to reject sureties
- 122 Imprisonment in default of security
- 123 Power to release persons imprisoned for failing to give security
- 124 Security for unexpired period of bond
- ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- A.--Unlawful assemblies
- B.--Public nuisances
- 133 Conditional order for removal of nuisance
- 134 Service or notification of order
- 135 Person to whom order is addressed to obey or show cause
- 136 Consequences of his failing to do so
- 137 Procedure where existence of public right is denied
- 138 Procedure where he appears to show cause
- 139 Power of Magistrate to direct local investigation and examination of an expert
- 140 Power of Magistrate to furnish written instructions, etc
- 141 Procedure on order being made absolute and consequences of disobedience
- 142 Injunction pending inquiry
- 143 Magistrate may prohibit repetition or continuance of public nuisance
- C.--Urgent cases of nuisance or apprehended danger
- D.--Disputes as to immovable property
- PREVENTIVE ACTION OF THE POLICE
- INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- 154 Information in cognizable cases
- 155 Information as to non-cognizable cases and investigation of such cases
- 156 Police officer‘s power to investigate cognizable case
- 157 Procedure for investigation
- 158 Report how submitted
- 159 Power to hold investigation or preliminary inquiry
- 160 Police officer‘s power to require attendance of witnesses
- 161 Examination of witnesses by police
- 162 Statements to police not to be signed: Use of statements in evidence
- 163 No inducement to be offered
- 164 Recording of confessions and statements
- 164A Medical examination of the victim of rape
- 165 Search by police officer
- 166 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
- 167 Procedure when investigation cannot be completed in twenty-four hours
- 168 Report of investigation by subordinate police officer
- 169 Release of accused when evidence deficient
- 170 Cases to be sent to Magistrate, when evidence is sufficient
- 171 Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
- 172 Diary of proceedings in investigation
- 173 Report of police officer on completion of investigation
- 174 Police to enquire and report on suicide, etc
- 175 Power to summon persons
- 176 Inquiry by Magistrate into cause of death
- JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- 177 Ordinary place of inquiry and trial
- 178 Place of inquiry or trial
- 179 Offence triable where act is done or consequence ensues
- 180 Place of trial where act is an offence by reason of relation to other offence
- 181 Place of trial in case of certain offences
- 182 Offences committed by letters, etc
- 183 Offence committed on journey or voyage
- 184 Place of trial for offences triable together
- 185 Power to order cases to be tried in different sessions divisions
- 186 High Court to decide, in case of doubt, district where inquiry or trial shall take place
- 187 Power to issue summons or warrant for offence committed beyond local jurisdiction
- 188 Offence committed outside India
- 189 Receipt of evidence relating to offences committed outside India
- CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- 190 Cognizance of offences by Magistrates
- 191 Transfer on application of the accused
- 192 Making over of cases to Magistrates
- 193 Cognizance of offences by Courts of Session
- 194 Additional and Assistant Sessions Judges to try cases made over to them
- 195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- 195A Procedure for witnesses in case of threatening, etc
- 196 Prosecution for offences against the State and for criminal conspiracy to commit such offence
- 197 Prosecution of Judges and public servants
- 198 Prosecution for offences against marriage
- 198A Prosecution of offences under section 498A of the Indian Penal Code
- 198B Cognizance of offence
- 199 Prosecution for defamation
- COMPLAINTS TO MAGISTRATES
- COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- 204 Issue of process
- 205 Magistrate may dispense with personal attendance of accused
- 206 Special summons in cases of petty offence
- 207 Supply to the accused of copy of police report and other documents
- 208 Supply of copies of statements and documents to accused in other cases triable by Court of Session
- 209 Commitment of case to Court of Session when offence is triable exclusively by it
- 210 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
- A.--Form of charges
- B.--Joinder of charges
- 218 Separate charges for distinct offences
- 219 Three offences of same kind within year may be charged together
- 220 Trial for more than one offence
- 221 Where it is doubtful what offence has been committed
- 222 When offence proved included in offence charged
- 223 What persons may be charged jointly
- 224 Withdrawal of remaining charges on conviction on one of several charges
- TRIAL BEFORE A COURT OF SESSION
- 225 Trial to be conducted by Public Prosecutor
- 226 Opening case for prosecution
- 227 Discharge
- 228 Framing of charge
- 229 Conviction on plea of guilty
- 230 Date for prosecution evidence
- 231 Evidence for prosecution
- 232 Acquittal
- 233 Entering upon defence
- 234 Arguments
- 235 Judgment of acquittal or conviction
- 236 Previous conviction
- 237 Procedure in cases instituted under section 199(2)
- A.--Cases instituted on a police report
- B.--Cases instituted otherwise than on police report
- C.--Conclusion of trial
- TRIAL OF SUMMONS--CASES BY MAGISTRATES
- 251 Substance of accusation to be stated
- 252 Conviction on plea of guilty
- 253 Conviction on plea of guilty in absence of accused in petty cases
- 254 Procedure when not convicted
- 255 Acquittal or conviction
- 256 Non-appearance or death of complainant
- 257 Withdrawal of complaint
- 258 Power to stop proceedings in certain cases
- 259 Power of Court to convert summons-cases into warrant-cases
- SUMMARY TRIALS
- 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
- 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
- ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- 266 Definitions
- 267 Power to require attendance of prisoners
- 268 Power of State Government to exclude certain persons from operation of section 267
- 269 Officer in charge of prison to abstain from carrying out order in certain contingencies
- 270 Prisoner to be brought to Court in custody
- 271 Power to issue commission for examination of witness in prison
- A.--Mode of taking and recording evidence
- 272 Language of Courts
- 273 Evidence to be taken in presence of accused
- 274 Record in summons-cases and inquiries
- 275 Record in warrant-cases
- 276 Record in trial before Court of Session
- 277 Language of record of evidence
- 278 Procedure in regard to such evidence when completed
- 279 Interpretation of evidence to accused or his pleader
- 280 Remarks respecting demeanour of witness
- 281 Record of examination of accused
- 282 Interpreter to be bound to interpret truthfully
- 283 Record in High Court
- B.--Commissions for the examination of witnesses
- 284 When attendance of witness may be dispensed with and commission issued
- 285 Commission to whom to be issued
- 286 Execution of commissions
- 287 Parties may examine witnesses
- 288 Return of commission
- 289 Adjournment of proceeding
- 290 Execution of foreign commissions
- 291 Deposition of medical witness
- 291A Identification report of Magistrate
- 292 Evidence of officers of the Mint
- 293 Reports of certain Government scientific experts
- 294 No formal proof of certain documents
- 295 Affidavit in proof of conduct of public servants
- 296 Evidence of formal character on affidavit
- 297 Authorities before whom affidavits may be sworn
- 298 Previous conviction or acquittal how proved
- 299 Record of evidence in absence of accused
- GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- 300 Person once convicted or acquitted not to be tried for same offence
- 301 Appearance by Public Prosecutors
- 302 Permission to conduct prosecution
- 303 Right of person against whom proceedings are instituted to be defended
- 304 Legal aid to accused at State expense in certain cases
- 305 Procedure when corporation or registered society is an accused
- 306 Tender of pardon to accomplice
- 307 Power to direct tender of pardon
- 308 Trial of person not complying with conditions of pardon
- 309 Power to postpone or adjourn proceedings
- 310 Local inspection
- 311 Power to summon material witness, or examine person present
- 311A Power of Magistrate to order person to give specimen signatures or handwriting
- 312 Expenses of complainants and witnesses
- 313 Power to examine the accused
- 314 Oral arguments and memorandum of arguments
- 315 Accused person to be competent witness
- 316 No influence to be used to induce disclosure
- 317 Provision for inquiries and trial being held in the absence of accused in certain cases
- 318 Procedure where accused does not understand proceedings
- 319 Power to proceed against other persons appearing to be guilty of offence
- 320 Compounding of offences
- 321 Withdrawal from prosecution
- 322 Procedure in cases which Magistrate cannot dispose of
- 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324 Trial of persons previously convicted of offences against coinage, stamp-law or property
- 325 Procedure when Magistrate cannot pass sentence sufficiently severe
- 326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327 Court to be open
- PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- 328 Procedure in case of accused being lunatic
- 329 Procedure in case of person of unsound mind tried before Court
- 330 Release of person of unsound mind pending investigation or trial
- 331 Resumption of inquiry or trial
- 332 Procedure on accused appearing before Magistrate or Court
- 333 When accused appears to have been of sound mind
- 334 Judgment of acquittal on ground of unsoundness of mind
- 335 Person acquitted on such ground to be detained in safe custody
- 336 Power of State Government to empower officer-in-charge to discharge
- 337 Procedure where lunatic prisoner is reported capable of making his defence
- 338 Procedure where lunatic detained is declared fit to be released
- 339 Delivery of lunatic to care of relative or friend
- PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- 340 Procedure in cases mentioned in section 195
- 341 Appeal
- 342 Power to order costs
- 343 Procedure of Magistrate taking cognizance
- 344 Summary procedure for trial for giving false evidence
- 345 Procedure in certain cases of contempt
- 346 Procedure where Court considers that case should not be dealt with under section 345
- 347 When Registrar or Sub-Registrar to be deemed a Civil Court
- 348 Discharge of offender on submission of apology
- 349 Imprisonment or committal of person refusing to answer or produce document
- 350 Summary procedure for punishment for non-attendance by a witness in obedience to summons
- 351 Appeals from convictions under sections 344, 345, 349 and 350
- 352 Certain Judges and Magistrates not to try certain offences when committed before themselves
- THE JUDGMENT
- 353 Judgment
- 354 Language and contents of judgment
- 355 Metropolitan Magistrate's judgment
- 356 Order for notifying address of previously convicted offender
- 357 Order to pay compensation
- 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
- 358 Compensation to persons groundlessly arrested
- 359 Order to pay costs in non-cognizable cases
- 360 Order to release on probation of good conduct or after admonition
- 361 Special reasons to be recorded in certain cases
- 362 Court not to alter judgment
- 363 Copy of judgment to be given to the accused and other persons
- 364 Judgment when to be translated
- 365 Court of Session to send copy of finding and sentence to District Magistrate
- SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- 366 Sentence of death to be submitted by Court of Session for confirmation
- 367 Power to direct further inquiry to be made or additional evidence to be taken
- 368 Power of High Court to confirm sentence or annul conviction
- 369 Confirmation or new sentence to be signed by two Judges
- 370 Procedure in case of difference of opinion
- 371 Procedure in cases submitted to High Court for confirmation
- APPEALS
- 372 No appeal to lie unless otherwise provided
- 373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 374 Appeals from convictions
- 375 No appeal in certain cases when accused pleads guilty
- 376 No appeal in petty cases
- 377 Appeal by the State Government against sentence
- 378 Appeal in case of acquittal
- 379 Appeal against conviction by High Court in certain cases
- 380 Special right of appeal in certain cases
- 381 Appeal to Court of Session how heard
- 382 Petition of appeal
- 383 Procedure when appellant in jail
- 384 Summary dismissal of appeal
- 385 Procedure for hearing appeals not dismissed summarily
- 386 Powers of the Appellate Court
- 387 Judgments of Subordinate Appellate Court
- 388 Order of High Court on appeal to be certified to lower Court
- 389 Suspension of sentence pending the appeal; release of appellant on bail
- 390 Arrest of accused in appeal from acquittal
- 391 Appellate Court may take further evidence or direct it to be taken
- 392 Procedure where Judges of Court of Appeal are equally divided
- 393 Finality of judgments and orders on appeal
- 394 Abatement of appeals
- REFERENCE AND REVISION
- 395 Reference to High Court
- 396 Disposal of case according to decision of High Court
- 397 Calling for records to exercise powers of revision
- 398 Power to order inquiry
- 399 Sessions Judge's powers of revision
- 400 Power of Additional Sessions Judge
- 401 High Court's powers of revision
- 402 Power of High Court to withdraw or transfer revision cases
- 403 Option of Court to hear parties
- 404 Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court
- 405 High Court's order to be certified to lower Court
- TRANSFER OF CRIMINAL CASES
- 406 Power of Supreme Court to transfer cases and appeals
- 407 Power of High Court to transfer cases and appeals
- 408 Power of Sessions Judge to transfer cases and appeals
- 409 Withdrawal of cases and appeals by Sessions Judges
- 410 Withdrawal of cases by Judicial Magistrate
- 411 Making over or withdrawal of cases by Executive Magistrates
- 412 Reasons to be recorded
- A.--Death Sentences
- B.--Imprisonment
- C.--Levy of fine
- D.--General provisions regarding execution
- 425 Who may issue warrant
- 426 Sentence on escaped convict when to take effect
- 427 Sentence on offender already sentenced for another offence
- 428 Period of detention undergone by the accused to be set off against the sentence of imprisonment
- 429 Saving
- 430 Return of warrant on execution of sentence
- 431 Money ordered to be paid recoverable as a fine
- E.--Suspension, remission and commutation of sentences
- PROVISIONS AS TO BAIL AND BONDS
- 436 In what cases bail to be taken
- 436A Maximum period for which an undertrial prisoner can be detained
- 437 When bail may be taken in case of non-bailable offence
- 437A Bail to require accused to appear before next appellate Court
- 438 Direction for grant of bail to person apprehending arrest
- 439 Special powers of High Court or Court of Session regarding bail
- 440 Amount of bond and reduction thereof
- 441 Bond of accused and sureties
- 441A Declaration by sureties
- 442 Discharge from custody
- 443 Power to order sufficient bail when that first taken is insufficient
- 444 Discharge of sureties
- 445 Deposit instead of recognizance
- 446 Procedure when bond has been forfeited
- 446A Cancellation of bond and bail bond
- 447 Procedure in case of insolvency of death of surety or when a bond is forfeited
- 448 Bond required from minor
- 449 Appeal from orders under section 446
- 450 Power to direct levy of amount due on certain recognizances
- DISPOSAL OF PROPERTY
- 451 Order for custody and disposal of property pending trial in certain cases
- 452 Order for disposal of property at conclusion of trial
- 453 Payment to innocent purchaser of money found on accused
- 454 Appeal against orders under section 452 or section 453
- 455 Destruction of libellous and other matter
- 456 Power to restore possession of immovable property
- 457 Procedure by police upon seizure of property
- 458 Procedure where no claimant appears within six months
- 459 Power to sell perishable property
- IRREGULAR PROCEEDINGS
- 460 Irregularities which do not vitiate proceedings
- 461 Irregularities which vitiate proceedings
- 462 Proceedings in wrong place
- 463 Non-compliance with provisions of section 164 or section 281
- 464 Effect of omission 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
- LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- MISCELLANEOUS
- 474 Trials before High Courts
- 475 Delivery to commanding officers of persons liable to be tried by Court-martial
- 476 Forms
- 477 Power of High Court to make rules
- 478 Power to alter functions allocated to Executive Magistrate in certain cases
- 479 Case in which Judge or Magistrate is personally interested
- 480 Practising pleader not to sit as Magistrate in certain Courts
- 481 Public servant concerned in sale not to purchase or bid for property
- 482 Saving of inherent power of High Court
- 483 Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
- 484 Repeal and savings
