[CrPC] The Code of Criminal Procedure
CrPC An Act to consolidate and amend the law relating to Criminal Procedure.1974
List of Chapters & Sections
PRELIMINARY
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
POWER OF COURTS
A.--POWERS OF SUPERIOR OFFICERS OF POLICE
B.--AID TO THE MAGISTRATES AND THE POLICE
ARREST OF PERSONS
A.--Summons
B.--Warrant of arrest
C.--Proclamation and attachment
D.--Other rules regarding processes
A.--Summons to produce
B.--Search-warrants
C.--General provisions relating to searches
D.--Miscellaneous
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
A.--Unlawful assemblies
B.--Public nuisances
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
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
COMPLAINTS TO MAGISTRATES
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
A.--Form of charges
B.--Joinder of charges
TRIAL BEFORE A COURT OF SESSION
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
SUMMARY TRIALS
PLEA BARGAINING
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
A.--Mode of taking and recording evidence
B.--Commissions for the examination of witnesses
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
THE JUDGMENT
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
APPEALS
REFERENCE AND REVISION
TRANSFER OF CRIMINAL CASES
A.--Death Sentences
B.--Imprisonment
C.--Levy of fine
D.--General provisions regarding execution
E.--Suspension, remission and commutation of sentences
PROVISIONS AS TO BAIL AND BONDS
DISPOSAL OF PROPERTY
IRREGULAR PROCEEDINGS
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
MISCELLANEOUS
PRELIMINARY
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6Classes of Criminal Courts7Territorial divisions8Metropolitan areas9Court of Session10Subordination of Assistant Sessions Judges11Courts of Judicial Magistrates12Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc13Special Judicial Magistrates14Local jurisdiction of Judicial Magistrates15Subordination of Judicial Magistrates16Courts of Metropolitan Magistrates17Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate18Special Metropolitan Magistrates19Subordination of Metropolitan Magistrates20Executive Magistrates21Special Executive Magistrates22Local jurisdiction of Executive Magistrates23Subordination of Executive Magistrates24Public Prosecutors25Assistant Public Prosecutors25ADirectorate of ProsecutionPOWER OF COURTS
26Courts by which offences are triable27Jurisdiction in the case of juveniles28Sentences which High Courts and Sessions Judges may pass29Sentences which Magistrates may pass30Sentence of imprisonment in default of fine31Sentence in cases of conviction of several offences at one trial32Mode of conferring powers33Powers of officers appointed34Withdrawal of powers35Powers of Judges and Magistrates exercisable by their successors-in-officeA.--POWERS OF SUPERIOR OFFICERS OF POLICE
B.--AID TO THE MAGISTRATES AND THE POLICE
ARREST OF PERSONS
41When police may arrest without warrant41ANotice of appearance before police officer41BProcedure of arrest and duties of officer making arrest41CControl room at districts41DRight of arrested person to meet an advocate of his choice during interrogation42Arrest on refusal to give name and residence43Arrest by private person and procedure on such arrest44Arrest by Magistrate45Protection of members of the Armed Forces from arrest46Arrest how made47Search of place entered by person sought to be arrested48Pursuit of offenders into other jurisdictions49No unnecessary restraint50Person arrested to be informed of grounds of arrest and of right to bail50AObligation of person making arrest to inform about the arrest, etc., to a nominated person51Search of arrested person52Power to seize offensive weapons53Examination of accused by medical practitioner at the request of police officer53AExamination of person accused of rape by medical practitioner54Examination of arrested person by medical officer54AIdentification of person arrested55Procedure when police officer deputes subordinate to arrest without warrant55AHealth and safety of arrested person56Person arrested to be taken before Magistrate or officer in charge of police station57Person arrested not to be detained more than twenty-four hours58Police to report apprehensions59Discharge of person apprehended60Power, on escape, to pursue and retake60AArrest to be made strictly according to the CodeA.--Summons
61Form of summons62Summons how served63Service of summons on corporate bodies and societies64Service when persons summoned cannot be found65Procedure when service cannot be effected as before provided66Service on Government servant67Service of summons outside local limits68Proof of service in such cases and when serving officer not present69Service of summons on witness by postB.--Warrant of arrest
70Form of warrant of arrest and duration71Power to direct security to be taken72Warrants to whom directed73Warrant may be directed to any person74Warrant directed to police officer75Notification of substance of warrant76Person arrested to be brought before Court without delay77Where warrant may be executed78Warrant forwarded for execution outside jurisdiction79Warrant directed to police officer for execution outside jurisdiction80Procedure on arrest of person against whom warrant issued81Procedure by Magistrate before whom such person arrested is broughtC.--Proclamation and attachment
D.--Other rules regarding processes
A.--Summons to produce
B.--Search-warrants
93When search-warrant may be issued94Search of place suspected to contain stolen property, forged documents, etc95Power to declare certain publications forfeited and to issue search-warrants for the same96Application to High Court to set aside declaration of forfeiture97Search for persons wrongfully confined98Power to compel restoration of abducted femalesC.--General provisions relating to searches
D.--Miscellaneous
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
105ADefinitions105BAssistance in securing transfer of persons105CAssistance in relation to orders of attachment or forfeiture of property105DIdentifying unlawfully acquired property105ESeizure or attachment of property105FManagement of properties seized or forfeited under this Chapter105GNotice of forfeiture of property105HForfeiture of property in certain cases105-IFine in lieu of forfeiture105JCertain transfers to be null and void105KProcedure in respect of letter of request105LApplication of this ChapterSECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106Security for keeping the peace on conviction107Security for keeping the peace in other cases108Security for good behaviour from persons disseminating seditious matters109Security for good behaviour from suspected persons110Security for good behaviour from habitual offenders111Order to be made112Procedure in respect of person present in Court113Summons or warrant in case of person not so present114Copy of order to accompany summons or warrant115Power to dispense with personal attendance116Inquiry as to truth of information117Order to give security118Discharge of person informed against119Commencement of period for which security is required120Contents of bond121Power to reject sureties122Imprisonment in default of security123Power to release persons imprisoned for failing to give security124Security for unexpired period of bondORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
A.--Unlawful assemblies
B.--Public nuisances
133Conditional order for removal of nuisance134Service or notification of order135Person to whom order is addressed to obey or show cause136Consequences of his failing to do so137Procedure where existence of public right is denied138Procedure where he appears to show cause139Power of Magistrate to direct local investigation and examination of an expert140Power of Magistrate to furnish written instructions, etc141Procedure on order being made absolute and consequences of disobedience142Injunction pending inquiry143Magistrate may prohibit repetition or continuance of public nuisanceC.--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
154Information in cognizable cases155Information as to non-cognizable cases and investigation of such cases156Police officer‘s power to investigate cognizable case157Procedure for investigation158Report how submitted159Power to hold investigation or preliminary inquiry160Police officer‘s power to require attendance of witnesses161Examination of witnesses by police162Statements to police not to be signed: Use of statements in evidence163No inducement to be offered164Recording of confessions and statements164AMedical examination of the victim of rape165Search by police officer166When officer in charge of police station may require another to issue search-warrant166ALetter of request to competent authority for investigation in a country or place outside India166BLetter of request from a country or place outside India to a Court or an authority for investigation in India167Procedure when investigation cannot be completed in twenty-four hours168Report of investigation by subordinate police officer169Release of accused when evidence deficient170Cases to be sent to Magistrate, when evidence is sufficient171Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint172Diary of proceedings in investigation173Report of police officer on completion of investigation174Police to enquire and report on suicide, etc175Power to summon persons176Inquiry by Magistrate into cause of deathJURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
177Ordinary place of inquiry and trial178Place of inquiry or trial179Offence triable where act is done or consequence ensues180Place of trial where act is an offence by reason of relation to other offence181Place of trial in case of certain offences182Offences committed by letters, etc183Offence committed on journey or voyage184Place of trial for offences triable together185Power to order cases to be tried in different sessions divisions186High Court to decide, in case of doubt, district where inquiry or trial shall take place187Power to issue summons or warrant for offence committed beyond local jurisdiction188Offence committed outside India189Receipt of evidence relating to offences committed outside IndiaCONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
190Cognizance of offences by Magistrates191Transfer on application of the accused192Making over of cases to Magistrates193Cognizance of offences by Courts of Session194Additional and Assistant Sessions Judges to try cases made over to them195Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence195AProcedure for witnesses in case of threatening, etc196Prosecution for offences against the State and for criminal conspiracy to commit such offence197Prosecution of Judges and public servants198Prosecution for offences against marriage198AProsecution of offences under section 498A of the Indian Penal Code198BCognizance of offence199Prosecution for defamationCOMPLAINTS TO MAGISTRATES
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204Issue of process205Magistrate may dispense with personal attendance of accused206Special summons in cases of petty offence207Supply to the accused of copy of police report and other documents208Supply of copies of statements and documents to accused in other cases triable by Court of Session209Commitment of case to Court of Session when offence is triable exclusively by it210Procedure to be followed when there is a complaint case and police investigation in respect of the same offenceA.--Form of charges
B.--Joinder of charges
218Separate charges for distinct offences219Three offences of same kind within year may be charged together220Trial for more than one offence221Where it is doubtful what offence has been committed222When offence proved included in offence charged223What persons may be charged jointly224Withdrawal of remaining charges on conviction on one of several chargesTRIAL BEFORE A COURT OF SESSION
225Trial to be conducted by Public Prosecutor226Opening case for prosecution227Discharge228Framing of charge229Conviction on plea of guilty230Date for prosecution evidence231Evidence for prosecution232Acquittal233Entering upon defence234Arguments235Judgment of acquittal or conviction236Previous conviction237Procedure 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
251Substance of accusation to be stated252Conviction on plea of guilty253Conviction on plea of guilty in absence of accused in petty cases254Procedure when not convicted255Acquittal or conviction256Non-appearance or death of complainant257Withdrawal of complaint258Power to stop proceedings in certain cases259Power of Court to convert summons-cases into warrant-casesSUMMARY TRIALS
PLEA BARGAINING
265AApplication of the Chapter265BApplication for plea bargaining265CGuidelines for mutually satisfactory disposition265DReport of the mutually satisfactory disposition to be submitted before the Court265EDisposal of the case265FJudgment of the Court265GFinality of the judgment265HPower of the Court in plea bargaining265-IPeriod of detention undergone by the accused to be set-off against the sentence of imprisonment265JSavings265KStatements of accused not to be used265LNon-application of the ChapterATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
266Definitions267Power to require attendance of prisoners268Power of State Government to exclude certain persons from operation of section 267269Officer in charge of prison to abstain from carrying out order in certain contingencies270Prisoner to be brought to Court in custody271Power to issue commission for examination of witness in prisonA.--Mode of taking and recording evidence
272Language of Courts273Evidence to be taken in presence of accused274Record in summons-cases and inquiries275Record in warrant-cases276Record in trial before Court of Session277Language of record of evidence278Procedure in regard to such evidence when completed279Interpretation of evidence to accused or his pleader280Remarks respecting demeanour of witness281Record of examination of accused282Interpreter to be bound to interpret truthfully283Record in High CourtB.--Commissions for the examination of witnesses
284When attendance of witness may be dispensed with and commission issued285Commission to whom to be issued286Execution of commissions287Parties may examine witnesses288Return of commission289Adjournment of proceeding290Execution of foreign commissions291Deposition of medical witness291AIdentification report of Magistrate292Evidence of officers of the Mint293Reports of certain Government scientific experts294No formal proof of certain documents295Affidavit in proof of conduct of public servants296Evidence of formal character on affidavit297Authorities before whom affidavits may be sworn298Previous conviction or acquittal how proved299Record of evidence in absence of accusedGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
300Person once convicted or acquitted not to be tried for same offence301Appearance by Public Prosecutors302Permission to conduct prosecution303Right of person against whom proceedings are instituted to be defended304Legal aid to accused at State expense in certain cases305Procedure when corporation or registered society is an accused306Tender of pardon to accomplice307Power to direct tender of pardon308Trial of person not complying with conditions of pardon309Power to postpone or adjourn proceedings310Local inspection311Power to summon material witness, or examine person present311APower of Magistrate to order person to give specimen signatures or handwriting312Expenses of complainants and witnesses313Power to examine the accused314Oral arguments and memorandum of arguments315Accused person to be competent witness316No influence to be used to induce disclosure317Provision for inquiries and trial being held in the absence of accused in certain cases318Procedure where accused does not understand proceedings319Power to proceed against other persons appearing to be guilty of offence320Compounding of offences321Withdrawal from prosecution322Procedure in cases which Magistrate cannot dispose of323Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed324Trial of persons previously convicted of offences against coinage, stamp-law or property325Procedure when Magistrate cannot pass sentence sufficiently severe326Conviction or commitment on evidence partly recorded by one Magistrate and partly by another327Court to be openPROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
328Procedure in case of accused being lunatic329Procedure in case of person of unsound mind tried before Court330Release of person of unsound mind pending investigation or trial331Resumption of inquiry or trial332Procedure on accused appearing before Magistrate or Court333When accused appears to have been of sound mind334Judgment of acquittal on ground of unsoundness of mind335Person acquitted on such ground to be detained in safe custody336Power of State Government to empower officer-in-charge to discharge337Procedure where lunatic prisoner is reported capable of making his defence338Procedure where lunatic detained is declared fit to be released339Delivery of lunatic to care of relative or friendPROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
340Procedure in cases mentioned in section 195341Appeal342Power to order costs343Procedure of Magistrate taking cognizance344Summary procedure for trial for giving false evidence345Procedure in certain cases of contempt346Procedure where Court considers that case should not be dealt with under section 345347When Registrar or Sub-Registrar to be deemed a Civil Court348Discharge of offender on submission of apology349Imprisonment or committal of person refusing to answer or produce document350Summary procedure for punishment for non-attendance by a witness in obedience to summons351Appeals from convictions under sections 344, 345, 349 and 350352Certain Judges and Magistrates not to try certain offences when committed before themselvesTHE JUDGMENT
353Judgment354Language and contents of judgment355Metropolitan Magistrate's judgment356Order for notifying address of previously convicted offender357Order to pay compensation357AVictim compensation scheme357BCompensation to be in addition to fine under section 326A or section 376D of Indian Penal Code357CTreatment of victims358Compensation to persons groundlessly arrested359Order to pay costs in non-cognizable cases360Order to release on probation of good conduct or after admonition361Special reasons to be recorded in certain cases362Court not to alter judgment363Copy of judgment to be given to the accused and other persons364Judgment when to be translated365Court of Session to send copy of finding and sentence to District MagistrateSUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
366Sentence of death to be submitted by Court of Session for confirmation367Power to direct further inquiry to be made or additional evidence to be taken368Power of High Court to confirm sentence or annul conviction369Confirmation or new sentence to be signed by two Judges370Procedure in case of difference of opinion371Procedure in cases submitted to High Court for confirmationAPPEALS
372No appeal to lie unless otherwise provided373Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour374Appeals from convictions375No appeal in certain cases when accused pleads guilty376No appeal in petty cases377Appeal by the State Government against sentence378Appeal in case of acquittal379Appeal against conviction by High Court in certain cases380Special right of appeal in certain cases381Appeal to Court of Session how heard382Petition of appeal383Procedure when appellant in jail384Summary dismissal of appeal385Procedure for hearing appeals not dismissed summarily386Powers of the Appellate Court387Judgments of Subordinate Appellate Court388Order of High Court on appeal to be certified to lower Court389Suspension of sentence pending the appeal; release of appellant on bail390Arrest of accused in appeal from acquittal391Appellate Court may take further evidence or direct it to be taken392Procedure where Judges of Court of Appeal are equally divided393Finality of judgments and orders on appeal394Abatement of appealsREFERENCE AND REVISION
395Reference to High Court396Disposal of case according to decision of High Court397Calling for records to exercise powers of revision398Power to order inquiry399Sessions Judge's powers of revision400Power of Additional Sessions Judge401High Court's powers of revision402Power of High Court to withdraw or transfer revision cases403Option of Court to hear parties404Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court405High Court's order to be certified to lower CourtTRANSFER OF CRIMINAL CASES
406Power of Supreme Court to transfer cases and appeals407Power of High Court to transfer cases and appeals408Power of Sessions Judge to transfer cases and appeals409Withdrawal of cases and appeals by Sessions Judges410Withdrawal of cases by Judicial Magistrate411Making over or withdrawal of cases by Executive Magistrates412Reasons to be recordedA.--Death Sentences
B.--Imprisonment
C.--Levy of fine
D.--General provisions regarding execution
425Who may issue warrant426Sentence on escaped convict when to take effect427Sentence on offender already sentenced for another offence428Period of detention undergone by the accused to be set off against the sentence of imprisonment429Saving430Return of warrant on execution of sentence431Money ordered to be paid recoverable as a fineE.--Suspension, remission and commutation of sentences
PROVISIONS AS TO BAIL AND BONDS
436In what cases bail to be taken436AMaximum period for which an undertrial prisoner can be detained437When bail may be taken in case of non-bailable offence437ABail to require accused to appear before next appellate Court438Direction for grant of bail to person apprehending arrest439Special powers of High Court or Court of Session regarding bail440Amount of bond and reduction thereof441Bond of accused and sureties441ADeclaration by sureties442Discharge from custody443Power to order sufficient bail when that first taken is insufficient444Discharge of sureties445Deposit instead of recognizance446Procedure when bond has been forfeited446ACancellation of bond and bail bond447Procedure in case of insolvency of death of surety or when a bond is forfeited448Bond required from minor449Appeal from orders under section 446450Power to direct levy of amount due on certain recognizancesDISPOSAL OF PROPERTY
451Order for custody and disposal of property pending trial in certain cases452Order for disposal of property at conclusion of trial453Payment to innocent purchaser of money found on accused454Appeal against orders under section 452 or section 453455Destruction of libellous and other matter456Power to restore possession of immovable property457Procedure by police upon seizure of property458Procedure where no claimant appears within six months459Power to sell perishable propertyIRREGULAR PROCEEDINGS
460Irregularities which do not vitiate proceedings461Irregularities which vitiate proceedings462Proceedings in wrong place463Non-compliance with provisions of section 164 or section 281464Effect of omission to frame, or absence of, or error in, charge465Finding or sentence when reversible by reason of error, omission or irregularity466Defect or error not to make attachment unlawfulLIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
MISCELLANEOUS
474Trials before High Courts475Delivery to commanding officers of persons liable to be tried by Court-martial476Forms477Power of High Court to make rules478Power to alter functions allocated to Executive Magistrate in certain cases479Case in which Judge or Magistrate is personally interested480Practising pleader not to sit as Magistrate in certain Courts481Public servant concerned in sale not to purchase or bid for property482Saving of inherent power of High Court483Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates484Repeal and savings