[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
  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Definitions
  4. 3
     Construction of references
  5. 4
     Trial of offences under the Indian Penal Code and other laws
  6. 5
     Saving
  • 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

  • 36
     Powers of superior officers of police
  • B.--AID TO THE MAGISTRATES AND THE POLICE

  • 37
     Public when to assist Magistrates and police
  • 38
     Aid to person, other than police officer, executing warrant
  • 39
     Public to give information of certain offences
  • 40
     Duty of officers employed, in connection with the affairs of a village to make certain report
  • 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

  • 82
     Proclamation for person absconding
  • 83
     Attachment of property of person absconding
  • 84
     Claims and objections to attachment
  • 85
     Release, sale and restoration of attached property
  • 86
     Appeal from order rejecting application for restoration of attached property
  • D.--Other rules regarding processes

  • 87
     Issue of warrant in lieu of, or in addition to, summons
  • 88
     Power to take bond for appearance
  • 89
     Arrest on breach of bond for appearance
  • 90
     Provisions of this Chapter generally applicable to summonses and warrants of arrest
  • A.--Summons to produce

  • 91
     Summons to produce document or other thing
  • 92
     Procedure as to letters and telegrams
  • B.--Search-warrants

  • 93
     When search-warrant may be issued
  • 94
     Search of place suspected to contain stolen property, forged documents, etc
  • 95
     Power to declare certain publications forfeited and to issue search-warrants for the same
  • 96
     Application to High Court to set aside declaration of forfeiture
  • 97
     Search for persons wrongfully confined
  • 98
     Power to compel restoration of abducted females
  • C.--General provisions relating to searches

  • 99
     Direction, etc., of search-warrants
  • 100
     Persons in charge of closed place to allow search
  • 101
     Disposal of things found in search beyond jurisdiction
  • D.--Miscellaneous

  • 102
     Power of police officer to seize certain property
  • 103
     Magistrate may direct search in his presence
  • 104
     Power to impound document, etc., produced
  • 105
     Reciprocal arrangements regarding processes
  • 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

  • 125
     Order for maintenance of wives, children and parents
  • 126
     Procedure
  • 127
     Alteration in allowance
  • 128
     Enforcement of order of maintenance
  • A.--Unlawful assemblies

  • 129
     Dispersal of assembly by use of civil force
  • 130
     Use of armed forces to disperse assembly
  • 131
     Power of certain armed force officers to disperse assembly
  • 132
     Protection against prosecution for acts done under preceding sections
  • B.--Public nuisances

  • 133
     Conditional order for removal of nuisance
  • 134
     Service or notification of order
  • 135
     Person to whom order is addressed to obey or show cause
  • 136
     Consequences of his failing to do so
  • 137
     Procedure where existence of public right is denied
  • 138
     Procedure where he appears to show cause
  • 139
     Power of Magistrate to direct local investigation and examination of an expert
  • 140
     Power of Magistrate to furnish written instructions, etc
  • 141
     Procedure on order being made absolute and consequences of disobedience
  • 142
     Injunction pending inquiry
  • 143
     Magistrate may prohibit repetition or continuance of public nuisance
  • C.--Urgent cases of nuisance or apprehended danger

  • 144
     Power to issue order in urgent cases of nuisance or apprehended danger
  • D.--Disputes as to immovable property

  • 145
     Procedure where dispute concerning land or water is likely to cause breach of peac
  • 146
     Power to attach subject of dispute and to appoint receiver
  • 147
     Dispute concerning right of use of land or water
  • 148
     Local inquiry
  • PREVENTIVE ACTION OF THE POLICE

  • 149
     Police to prevent cognizable offences
  • 150
     Information of design to commit cognizable offences
  • 151
     Arrest to prevent the commission of cognizable offences
  • 152
     Prevention of injury to public property
  • 153
     Inspection of weights and measures
  • 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

  • 200
     Examination of complainant
  • 201
     Procedure by Magistrate not competent to take cognizance of the case
  • 202
     Postponement of issue of process
  • 203
     Dismissal of complaint
  • 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

  • 211
     Contents of charge
  • 212
     Particulars as to time, place and person
  • 213
     When manner of committing offence must be stated
  • 214
     Words in charge taken in sense of law under which offence is punishable
  • 215
     Effect of errors
  • 216
     Court may alter charge
  • 217
     Recall of witnesses when charge altered
  • B.--Joinder of charges

  • 218
     Separate charges for distinct offences
  • 219
     Three offences of same kind within year may be charged together
  • 220
     Trial for more than one offence
  • 221
     Where it is doubtful what offence has been committed
  • 222
     When offence proved included in offence charged
  • 223
     What persons may be charged jointly
  • 224
     Withdrawal of remaining charges on conviction on one of several charges
  • 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

  • 238
     Compliance with section 207
  • 239
     When accused shall be discharged
  • 240
     Framing of charge
  • 241
     Conviction on plea of guilty
  • 242
     Evidence for prosecution
  • 243
     Evidence for defence
  • B.--Cases instituted otherwise than on police report

  • 244
     Evidence for prosecution
  • 245
     When accused shall be discharged
  • 246
     Procedure where accused is not discharged
  • 247
     Evidence for defence
  • C.--Conclusion of trial

  • 248
     Acquittal or conviction
  • 249
     Absence of complainant
  • 250
     Compensation for accusation without reasonable cause
  • 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

  • 260
     Power to try summarily
  • 261
     Summary trial by Magistrate of the second class
  • 262
     Procedure for summary trials
  • 263
     Record in summary trials
  • 264
     Judgment in cases tried summarily
  • 265
     Language of record and judgment
  • 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

  • 413
     Execution of order passed under section 368
  • 414
     Execution of sentence of death passed by High Court
  • 415
     Postponement of execution of sentence of death in case of appeal to Supreme Court
  • 416
     Postponement of capital sentence on pregnant woman
  • B.--Imprisonment

  • 417
     Power to appoint place of imprisonment
  • 418
     Execution of sentence of imprisonment
  • 419
     Direction of warrant for execution
  • 420
     Warrant with whom to be lodged
  • C.--Levy of fine

  • 421
     Warrant for levy of fine
  • 422
     Effect of such warrant
  • 423
     Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
  • 424
     Suspension of execution of sentence of imprisonment
  • D.--General provisions regarding execution

  • 425
     Who may issue warrant
  • 426
     Sentence on escaped convict when to take effect
  • 427
     Sentence on offender already sentenced for another offence
  • 428
     Period of detention undergone by the accused to be set off against the sentence of imprisonment
  • 429
     Saving
  • 430
     Return of warrant on execution of sentence
  • 431
     Money ordered to be paid recoverable as a fine
  • E.--Suspension, remission and commutation of sentences

  • 432
     Power to suspend or remit sentences
  • 433
     Power to commute sentence
  • 433A
     Restriction on powers of remission or commutation in certain cases
  • 434
     Concurrent power of Central Government in case of death sentences
  • 435
     State Government to act after consultation with Central Government in certain cases
  • 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

  • 467
     Definitions
  • 468
     Bar to taking cognizance after lapse of the period of limitation
  • 469
     Commencement of the period of limitation
  • 470
     Exclusion of time in certain cases
  • 471
     Exclusion of date on which Court is closed
  • 472
     Continuing offence
  • 473
     Extension of period of limitation in certain cases
  • 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