THE CODE OF CRIMINAL PROCEDURE, 1973
CONTENTS
PRELIMINERY
1. Short title, extent
and commencement
2. Definitions
4. Trial of offences
under the Indian Penal Code and other laws
5. Saving.
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
21. Special
Executive Magistrates
22. Local
Jurisdiction of Executive Magistrates
23. Subordination
of Executive Magistrates
25. Assistant
Public Prosecutors
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
33. Powers
of officers appointed
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
41. When
police may arrest without warrant
42. Arrest
on refusal to give name and residence
43. Arrest
by private person and procedure on such arrest
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
50. Person
arrested to be informed of grounds of arrest and of right to bail
51. Search
of arrested persons
52. Power
to seize offensive weapons
53. Examination
of accused by medical practitioner at the request of police officer
54. Examination
of arrested person by medical practitioner at the request of the arrested
person
55. Procedure when police officer deputes
subordinate to arrest without warrant
56. Person
arrested to be taken before Magistrate or officer in charge of police station
57. Person
arrested not to be detained more than twenty-four hours
58. Police
to report apprehensions
59. Discharge
of person apprehended
60. Powers,
on escape, to pursue and re-take
PROCESSES TO COMPEL APPEARANCE
61. Form
of summons
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
70. Form
or warrant of arrest and duration
71. Power
to direct security to be taken
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
of 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 summons and warrants of arrest
A - SUMMONS TO PODUCE
91. Summons
to produce document or other thing
92. Procedure
as to letters and telegrams
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
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
or properties seized or forfeited under this Chapter
105G. Notice
of forfeiture of property
105H. Forfeiture
of property in certain cases
105I. Fine in lieu of forfeiture
105J. Certain transfers to be null and void
105K. Procedure
in respect of letter of request
105L. Application
of this Chapter
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
118. Discharge
of person informed against
119. Commencement
of period for which security is required
120. Contents
of bond
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
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 proceeding section
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 peace
146. Power
to attach subject of dispute and to appoint receiver
147. Dispute
concerning right of use of land or water
148. Local
inquiry
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 cases
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
166. When officer-in-charge of police station may
require another to sue search warrant
166A. Letter
of request to competent authority for investigation in a country or place
outside 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
172. Diary
of proceeding in investigation
173. Report
of police officer on completion of investigation
174. Police
to enquire and report on suicide, etc
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 consequence ensues
180. Place
of trial where act is an offence by reason of relation to other offences
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 Court of Session
194. Additional
and Assistant Sessions Judges to try cases made over to them
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
199. Prosecution
for defamation
200. Examination
of complainant
201. Procedure
by Magistrate not competent to take cognizance of the case
202. Postponement
of issue of process
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
exclusively by it
A - FORM OF CHARGE
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
217. Recall
of witnesses when charge altered
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
232. Acquittal
234. Arguments
235. Judgment
of acquittal or conviction
236. Previous
conviction
237. Procedure
in cases instituted under section 199(2)
TRIAL OF WARRANT-CASES BY MAGISTRATES
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
243. Evidence
for defence
B -
CASES INSTITUTED OTHERWISE THAN ON POLICE REPORT
245. When
accused shall be discharged
246. Procedure
where accused is not discharged
247. Evidence
for defence
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
256. Non-appearance
or death of complainant
258. Power
to stop proceedings in certain cases
259. Power
of court to convert summons-cases into warrant-cases
261. Summary
trial by Magistrate of the second class
262. Procedure
for summary trials
264. Judgment
in cases tried summarily
265. Language
of record and judgment
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
EVIDENCE IN INQUIRIES AND TRIALS
A - MODE OF TAKING AND RECORDING EVIDENCE
272. Language
of courts
273. Evidence
to be taken in presence of accused
274. Record
in summons-cases and inquiries
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
287. Parties
may examine witnesses
288. Return
of commission
289. Adjournment
of proceeding
290. Execution
of foreign commissions
291. Deposition
of medical witness
292. Evidence
of officers of the Mint
293. Reports
of certain Government scientific experts
294. No
formal proof of certain documents
295. Affidavit
in proof of conduct of public servants
296. Evidence
of formal character on affidavit
297. Authorities
before whom affidavits may be sworn
298. Previous
conviction of 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
312. Expenses
of complainants and witness
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
321. Withdrawal
from prosecution
322. Procedure
in cases, which Magistrate cannot dispose of
323. Procedure
when, after commencement of inquiry or trial, Magistrate finds case should be
committed
324. Trial
of persons previously convicted of offences against coinage, stamp law or
property
325. Procedure
when Magistrate can not pass sentence sufficiently severe
326. Conviction
or commitment on evidence partly recorded by one, 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 lunatic pending investigation or trial
331. Resumption
of inquiry or trial
332. Procedure
on accused appearing before magistrate or Court
333. When
accused appears to have been of sound mind
334. Judgment
of acquittal on ground of unsoundness of mind
335. Person acquitted on such ground to e
detained in safe custody
336. Power of State Government to empower
office-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 court
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
358. Compensation
to persons groundlessly arrested
359. Order
to pay costs in non-cognizable case
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 annual 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
375. No
appeal in certain cases when accused pleads guilty
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 accuse 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
396. Disposal
of case according to decision of High Court
397. Calling
for records to exercise powers of revision
399. Sessions
Judge’s powers of revision
400. Power
of Additional Sessions Judge
401. High
Court’s powers of revision
402. Power
of High Court to withdraw or transfer revision cases
403. Option
of court to hear parties
404. Statement
by Metropolitan Magistrate of grounds of his decision to be considered by High
Court
405. High
Court’s order to be certified to lower Court
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 Magistrates
411. Making
over or withdrawal of cases by Executive Magistrates
EXECUTION, SUSPENSION, REMISSION AND
COMMUTATION OF SENTENCES
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
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
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
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 to 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
437. When
bail may be taken in case of non-bailable offence
438. Direction
for grant of bail to person apprehending arrest
439. Special
powers of High Court or Court of Session regarding bail
440. Amount
of bond and reduction thereof
441. Bond
of accused and sureties
443. Power
to order sufficient bail when that first taken in insufficient
445. Deposit
instead of recognizance
446. Procedure
when bond has been forfeited
446A. Cancellation of bond and bail bond
447. Procedure
in case of insolvency or death of surety or when a bond is forfeited
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 libelous and other matter
456. Power
to restore possession of immovable property
457. Procedure
by police upon seizure of property
458. Procedure
when 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 of frame, or absence of, or error in, charge
465. Finding
or sentence when reversible by reason or error, omission or irregularity
466. Defect
or error not to make attachment unlawful
LIMITATION FOR TAKING
COGNIZANCE
OF CERTAINOFFENCES
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
475. Delivery
to Commanding Officers of persons liable to be tried by Court-martial
476. Forms
477. Power
of High Court to make rules
478. Power
to alter functions allocated to Executive Magistrates in certain cases
479. Cases
in which Judge or Magistrate is personally interested
480. Practicing
pleader not to sit as Magistrate in certain Courts
481. Public
servant concerned in sale not to purchase or bid 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
THE CODE OF CRIMINAL PROCEDURE, 1973
(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 1
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Code of criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this code, other than those relating to chapters VIII, X and XI thereof, shall not apply-
(a) To the State of Nagaland,
(b) To the tribal areas,
But the concerned State Government may, by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential 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 Ist day of April 1974.
2. Definitions. -In this Code, unless the context otherwise requires, -
(a) Bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force: and “non-bailable offence” means any other offence.
(b) “Charge”
includes any head of charge when the charge contains more heads than one:
(c) “Cognizable
offence” means an offence for which, and “cognizable case” means a case in
which, a police officer may, in
accordance with the First Schedule or under and 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 a complaints 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 authorized 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 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 authorized by or under any law for the time being in force, to practice in such court, and includes any other 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
report” 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 relating to an offence, and not being a warrant-case;
(x)
“Warrant-case” means a case relating to an offence punishable with death, imprisonment
for life or imprisonment for a term exceeding two years;
(y) Words
and expression 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.
1. Ins. by Act 45
of 1978, sec. 2.
3. Construction of
references: -
(1) In
this code,
(a)
Any reference, without
any qualifying words to a magistrate shall be construed, unless the context
otherwise requires, -
(i)
In relation to an area
outside a metropolitan area, as a reference to a judicial magistrate;
(ii)
In relation to a
metropolitan area, as a reference to a metropolitan Magistrate;
(b)
Any reference to
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 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 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 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 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;
(c)
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 reference to the metropolitan
magistrate-exercising jurisdiction in such area.
(4) Where,
under any law, other than this code, the functions exercisable by a magistrate
relate to matters-
(a) Which
involve the appreciation or shifting of evidence or the formulation of any
decision which exposes any person to any punishment or penalty or detention in
custody pending investigation, inquiry or trial or would have the effect of
sending him 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, granting of a licence, the
suspension or cancellation of a licence, sanctioning a prosecution or with
drawing from a prosecution, they shall, subject as aforesaid, be exercisable by
an executive Magistrate.
STATE
AMENDENTS
Andaman and
Nicobar Islands
(1)
After section 3, the following section shall
be inserted, namely: -
“3-A. 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 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 or
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 enquiry or
trial pending, immediately before such cesser, before the District Magistrate
or additional District Magistrate or any executive Magistrate, as the case may
be, shall stand transferred, and shall be dealt with, from the stage which was
reached before, such cesser, by such judicial Magistrate as the State
Government may specify in this behalf.”
[Regulation 1 of 1974, sec. 3
(w.e.f.30.3. 1974)]
Arunachal Pradesh
and Mizoram;
After sub-section (4), the following sub-section shall be
inserted, namely; -
(5)
Notwithstanding any
thing contained in the foregoing provisions for this section; -
(i) Any
reference in such of the provisions of this code, as applied to the Union
territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column
(1) of the table below shall, until the courts of Session and Courts of
Judicial Magistrate or constituted in the said Union Territories be construed
as references to the court of Magistrate mentioned in the corresponding entry
in column (2) of that table.
TABLE
1 |
2 |
Court of Session or Sessions Judge or
Chief Judicial Magistrate Magistrate or. Magistrate of the
First Class Or Judicial Magistrate of the First
Class. |
District Magistrate. Executive Magistrate. |
(ii) The functions
mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate.”
The Chief Commissioners and the Additional Deputy
Commissioners, in the Union Territory of Arunachal Pradesh, were appointed to
be Executive Magistrate].
[Vide Notification No .Jud. 25/74. dated 2nd April,
1974]
Nagaland:
After sub-section (4) insert the following sub-section
which shall be deemed always to have
been so; -
(5) Notwithstanding
anything contained in the foregoing provisions of this section; -
(i) Any
reference in such of the provisions of this Code, as applied to the State of
Nagaland to the Court and authority mentioned in column (1) of the table below
shall, until the
Courts of Session and Court of Judicial Magistrates
are constituted in the said areas, be construed as references to the Court and
authority mentioned in the corresponding entry in column (2) of that table.
1 |
2 |
Court of Session or Session Judge or Chief Judicial Magistrate. Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class. |
District Magistrate or Additional District Magistrate. Executive Magistrate |
(ii) References mentioned in
Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section
(4) exercisable by a Judicial Magistrate and Executive Magistrate shall be
construed as references to, and exercised by, Deputy Commissioner and Additional
Deputy commissioner and Assistant to Deputy Commissioner appointed under any
law in force:
Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor” Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19th June, 1975].
4. 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 provision
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 or place of investigating, inquiring into, trying or otherwise dealing with such offences.
5. Saving.
- Nothing contained in this Code
shall in the absence of a specific provision to the contrary, affect any
special or local law any special jurisdiction or power conferred, or any
special form of procedure prescribed, by any other law for the time being in
force.