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EXTRAORDINARY
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PART II—Section 1
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PUBLISHED BY AUTHORITY
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No. 54] NEW DELHI, MONDA Y, DECEMBER 25, 2023/P AUSHA 4, 1945 (SAKA)
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 25th December, 2023/ Pausha 4, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
25th December, 2023 and is hereby published for general information:—
THE BHARA TIYA NAGARIK SURAKSHA SANHITA, 2023
NO. 46 OF 2023
[25th December , 2023 .]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and
XII 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.Short title,
extent and
commencement.
CG-DL-E-25122023-250884
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 thelocal limits of the municipality of Shillong.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2.(1) In this Sanhita, unless the context otherwise requires,—
(a) "audio-video electronic means" shall include use of any communication device
for the purposes of video conferencing, recording of processes of identification, searchand seizure or evidence, transmission of electronic communication and for such otherpurposes and by such other means as the State Government may, by rules provide;
(b) "bail" means release of a person accused of or suspected of commission of
an offence from the custody of law upon certain conditions imposed by an officer orCourt on execution by such person of a bond or a bail bond;
(c) "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;
(d) "bail bond" means an undertaking for release with surety;
(e) "bond" means a personal bond or an undertaking for release without surety;
(f) "charge" includes any head of charge when the charge contains more heads
than one;
(g) "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 orunder any other law for the time being in force, arrest without warrant;
(h) "complaint" means any allegation made orally or in writing to a Magistrate,
with a view to his taking action under this Sanhita, that some person, whether knownor unknown, has committed an offence, but does not include a police report.
Explanation .—A report made by a police officer in a case which discloses,
after investigation, the commission of a non-cognizable offence shall be deemed to bea complaint; and the police officer by whom such report is made shall be deemed to bethe complainant;
(i) "electronic communication" means the communication of any written, verbal,
pictorial information or video content transmitted or transferred (whether from oneperson to another or from one device to another or from a person to a device or froma device to a person) by means of an electronic device including a telephone, mobilephone, or other wireless telecommunication device, or a computer, or audio-videoplayer or camera or any other electronic device or electronic form as may be specifiedby notification, by the Central Government;
(j) "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;
(k) "inquiry" means every inquiry, other than a trial, conducted under this
Sanhita by a Magistrate or Court;
(l) "investigation" includes all the proceedings under this Sanhita for the
collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf.
Explanation .—Where any of the provisions of a special Act are inconsistent
with the provisions of this Sanhita, the provisions of the special Act shall prevail;Definitions.
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(m) "judicial proceeding" includes any proceeding in the course of which
evidence is or may be legally taken on oath;
(n) "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 Sanhita and such local area may comprise the whole of the State, or any part ofthe State, as the State Government may, by notification, specify;
(o) "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 withoutwarrant;
(p) "notification" means a notification published in the Official Gazette;
(q) "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 madeunder section 20 of the Cattle Trespass Act, 1871;
(r) "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 othercause to perform his duties, the police officer present at the station-house who is nextin rank to such officer and is above the rank of constable or, when the State Government
so directs, any other police officer so present;
(s) "place" includes a house, building, tent, vehicle and vessel;
(t) "police report" means a report forwarded by a police officer to a Magistrate
under sub-section ( 3) of section 193;
(u) "police station" means any post or place declared generally or specially by
the State Government, to be a police station, and includes any local area specified bythe State Government in this behalf;
(v) "Public Prosecutor" means any person appointed under section 18, and
includes any person acting under the directions of a Public Prosecutor;
(w) "sub-division" means a sub-division of a district;
(x) "summons-case" means a case relating to an offence, and not being a
warrant-case;
(y) "victim" means a person who has suffered any loss or injury caused by
reason of the act or omission of the accused person and includes the guardian or
legal heir of such victim;
(z) "warrant-case" means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.
3. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate
without any qualifying words, Magistrate of the first class or a Magistrate of the second
class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the
first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdictionin such area.
Construction
of references.1 of 1871.
2 of 2000.
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(2) Where, under any law, other than this Sanhita, 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 sendinghim for trial before any Court, they shall, subject to the provisions of this Sanhita, beexercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a
licence, the suspension or cancellation of a licence, sanctioning a prosecution orwithdrawing from a prosecution, they shall, subject to the provisions of clause ( a) be
exercisable by an Executive Magistrate.
4.(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated,
inquired into, tried, and otherwise dealt with according to the provisions hereinafter
contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and
otherwise dealt with according to the same provisions, but subject to any enactment for thetime being in force regulating the manner or place of investigating, inquiring into, trying orotherwise dealing with such offences.
5.Nothing contained in this Sanhita shall, in the absence of a specific provision to
the contrary, affect any special or local law for the time being in force, or any specialjurisdiction or power conferred, or any special form of procedure prescribed, by any otherlaw for the time being in force.
CHAPTER II
C
ONSTITUTION OF CRIMINAL COURTS AND OFFICES
6.Besides the High Courts and the Courts constituted under any law, other than this
Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
7.(1) Every State shall be a sessions division or shall consist of sessions divisions;
and every sessions divisions shall, for the purposes of this Sanhita, be a district or consistof districts.
(2) The State Government may, after consultation with the High Court, alter the limits
or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any
district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the
commencement of this Sanhita, shall be deemed to have been formed under this section.
8.(1) The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the
High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction
in a Court of Session.Trial ofoffences underBharatiyaNyaya Sanhita,2023 and otherlaws.
Saving.
Classes of
CriminalCourts.
Territorial
divisions.
Court of
Session.
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(4) The Sessions Judge of one sessions division may be appointed by the High Court
to be also an Additional Sessions Judge of another division, and in such case, he may sit for
the disposal of cases at such place or places in the other division as the High Court maydirect.
(5) Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made orpending before such Court of Session by an Additional Sessions Judge or if there be noAdditional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; andevery such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the
High Court may, by notification, specify; but, if, in any particular case, the Court of Sessionis of opinion that it will tend to the general convenience of the parties and witnesses to holdits sittings at any other place in the sessions division, it may, with the consent of theprosecution and the accused, sit at that place for the disposal of the case or the examinationof any witness or witnesses therein.
(7) The Sessions Judge may, from time to time, make orders consistent with this
Sanhita, as to the distribution of business among such Additional Sessions Judges.
(8) The Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional Sessions Judgeor if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and suchJudge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
Explanation .—For the purposes of this Sanhita, "appointment" does not include the
first appointment, posting or promotion of a person by the Government to any Service, orpost in connection with the affairs of the Union or of a State, where under any law, suchappointment, posting or promotion is required to be made by the Government.
9. (1) In every district there shall be established as many Courts of Judicial Magistrates
of the first class and of the second class, and at such places, as the State Government may,after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court,
establish, for any local area, one or more Special Courts of Judicial Magistrates of the firstclass or of the second class to try any particular case or particular class of cases, and whereany such Special Court is established, no other Court of Magistrate in the local area shallhave jurisdiction to try any case or class of cases for the trial of which such Special Courtof Judicial Magistrate has been established.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer
the powers of a Judicial Magistrate of the first class or of the second class on any memberof the Judicial Service of the State, functioning as a Judge in a Civil Court.
10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first
class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an
Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of thepowers of a Chief Judicial Magistrate under this Sanhita or under any other law for the timebeing in force as the High Court may direct.
(3) The High Court may designate any Judicial Magistrate of the first class in any
sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilitiesspecified in this section as occasion requires.
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional
Judicial Magistrate shall also have and exercise, such powers of supervision and controlover the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates)in the sub-division as the High Court may, by general or special order, specify in this behalf.Courts ofJudicialMagistrates.
Chief Judicial
Magistrate andAdditionalChief JudicialMagistrate,etc.
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11. (1) The High Court may, if requested by the Central or State Government so to do,
confer upon any person who holds or has held any post under the Government, all or any
of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate ofthe first class or of the second class, in respect to particular cases or to particular classes ofcases, in any local area:
Provided that no such power shall be conferred on a person unless he possesses
such qualification or experience in relation to legal affairs as the High Court may, by rules,specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed
for such term, not exceeding one year at a time, as the High Court may, by general or specialorder, direct.
12.(1) Subject to the control of the High Court, the Chief Judicial Magistrate may,
from time to time, define the local limits of the areas within which the Magistrates appointedunder section 9 or under section 11 may exercise all or any of the powers with which theymay respectively be invested under this Sanhita:
Provided that the Court of Special Judicial Magistrate may hold its sitting at any place
within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of
every such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11
extends to an area beyond the district in which he ordinarily holds Court, any reference inthis Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to suchMagistrate, throughout the area within his local jurisdiction, be construed, unless thecontext otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate,as the case may be, exercising jurisdiction in relation to the said district.
13.(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;
and every other Judicial Magistrate shall, subject to the general control of the SessionsJudge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special
orders, consistent with this Sanhita, as to the distribution of business among the JudicialMagistrates subordinate to him.
14.(1) In every district, the State Government may appoint as many persons as it
thinks fit to be Executive Magistrates and shall appoint one of them to be the DistrictMagistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional
District Magistrate, and such Magistrate shall have such of the powers of a DistrictMagistrate under this Sanhita or under any other law for the time being in force as may bedirected by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant,
any officer succeeds temporarily to the executive administration of the district, such officershall, pending the orders of the State Government, exercise all the powers and perform allthe duties respectively conferred and imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a
sub-division and may relieve him of the charge as occasion requires; and the Magistrate soplaced in charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control
and directions as it may deem fit to impose, delegate its powers under sub-section ( 4) to the
District Magistrate.Special JudicialMagistrates.
Local
Jurisdiction ofJudicialMagistrates.
Subordination
of JudicialMagistrates.
Executive
Magistrates.
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(6) Nothing in this section shall preclude the State Government from conferring,
under any law for the time being in force, on a Commissioner of Police all or any of the
powers of an Executive Magistrate.
15.The State Government may appoint, for such term as it may think fit, Executive
Magistrates or any police officer not below the rank of Superintendent of Police or equivalent,to be known as Special Executive Magistrates, for particular areas or for the performance ofparticular functions and confer on such Special Executive Magistrates such of the powersas are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
16.(1) Subject to the control of the State Government, the District Magistrate may,
from time to time, define the local limits of the areas within which the Executive Magistratesmay exercise all or any of the powers with which they may be invested under this Sanhita.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of
every such Magistrate shall extend throughout the district.
17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and
every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers ina sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to thegeneral control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders,
consistent with this Sanhita, as to the distribution or allocation of business among theExecutive Magistrates subordinate to him.
18. (1) For every High Court, the Central Government or the State Government shall,
after consultation with the High Court, appoint a Public Prosecutor and may also appointone or more Additional Public Prosecutors, for conducting in such Court, any prosecution,appeal or other proceeding on behalf of the Central Government or the State Government,as the case may be:
Provided that for National Capital Territory of Delhi, the Central Government shall,
after consultation with the High Court of Delhi, appoint the Public Prosecutor or AdditionalPublic Prosecutors for the purposes of this sub-section.
(2) The Central Government may appoint one or more Public Prosecutors for the
purpose of conducting any case in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may
also appoint one or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for
one district may be appointed also to be a Public Prosecutor or an Additional PublicProsecutor, as the case may be, for another district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a
panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutorsor Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or
Additional Public Prosecutor for the district unless his name appears in the panel of namesprepared by the District Magistrate under sub-section ( 4).
(6) Notwithstanding anything in sub-section ( 5), where in a State there exists a
regular Cadre of Prosecuting Officers, the State Government shall appoint a PublicProsecutor or an Additional Public Prosecutor only from among the persons constitutingsuch Cadre:
Provided that where, in the opinion of the State Government, no suitable person is
available in such Cadre for such appointment, that Government may appoint a person asPublic Prosecutor or Additional Public Prosecutor, as the case may be, from the panel ofnames prepared by the District Magistrate under sub-section ( 4).SpecialExecutiveMagistrates.
Local
Jurisdiction ofExecutiveMagistrates.
Subordination
of ExecutiveMagistrates.
Public
Prosecutors.
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Explanation .—For the purposes of this sub-section,—
(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers
which includes therein the post of Public Prosecutor, by whatever name called, and
which provides for promotion of Assistant Public Prosecutors, by whatever namecalled, to that post;
(b) "Prosecuting Officer" means a person, by whatever name called, appointed
to perform the functions of a Public Prosecutor, Special Public Prosecutor, AdditionalPublic Prosecutor or Assistant Public Prosecutor under this Sanhita.
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional
Public Prosecutor under sub-section ( 1) or sub-section ( 2) or sub-section ( 3) or sub-section ( 6),
only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes
of any case or class of cases, a person who has been in practice as an advocate for not less
than ten years as a Special Public Prosecutor:
Provided that the Court may permit the victim to engage an advocate of his choice to
assist the prosecution under this sub-section.
(9) For the purposes of sub-section ( 7) and sub-section ( 8), the period during which
a person has been in practice as an advocate, or has rendered (whether before or after thecommencement of this Sanhita) service as a Public Prosecutor or as an Additional PublicProsecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever namecalled, shall be deemed to be the period during which such person has been in practice asan advocate.
19.(1) The State Government shall appoint in every district one or more Assistant
Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more Assistant Public Prosecutors
for the purpose of conducting any case or class of cases in the Courts of Magistrates.
(3) Without prejudice to provisions contained in sub-sections ( 1) and ( 2), where no
Assistant Public Prosecutor is available for the purposes of any particular case, the DistrictMagistrate may appoint any other person to be the Assistant Public Prosecutor in charge ofthat case after giving notice of fourteen days to the State Government:
Provided that no police officer shall be eligible to be appointed as an Assistant Public
Prosecutor, if he—
(a) has taken any part in the investigation into the offence with respect to
which the accused is being prosecuted; or
(b) is below the rank of Inspector.
20. (1) The State Government may establish,—
(a) a Directorate of Prosecution in the State consisting of a Director of
Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and
(b) a District Directorate of Prosecution in every district consisting of as many
Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.
(2) A person shall be eligible to be appointed,—
(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has
been in practice as an advocate for not less than fifteen years or is or has been a
Sessions Judge;
(b) as an Assistant Director of Prosecution, if he has been in practice as an
advocate for not less than seven years or has been a Magistrate of the first class.AssistantPublicProsecutors.
Directorate of
Prosecution.
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(3) The Directorate of Prosecution shall be headed by the Director of Prosecution,
who shall function under the administrative control of the Home Department in the State.
(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall
be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution
shall be subordinate to the Deputy Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under sub-section ( 1) or sub-section ( 8) of section 18
to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under sub-section ( 3) or sub-section ( 8) of section 18
to conduct cases in District Courts and every Assistant Public Prosecutor appointed undersub-section ( 1) of section 19 shall be subordinate to the Deputy Director of Prosecution or
the Assistant Director of Prosecution.
(7) The powers and functions of the Director of Prosecution shall be to monitor cases
in which offences are punishable for ten years or more, or with life imprisonment, or withdeath; to expedite the proceedings and to give opinion on filing of appeals.
(8) The powers and functions of the Deputy Director of Prosecution shall be to
examine and scrutinise police report and monitor the cases in which offences are punishablefor seven years or more, but less than ten years, for ensuring their expeditious disposal.
(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in
which offences are punishable for less than seven years.
(10) Notwithstanding anything contained in sub-sections ( 7), (8) and ( 9), the Director,
Deputy Director or Assistant Director of Prosecution shall have the power to deal with andbe responsible for all proceedings under this Sanhita.
(11) The other powers and functions of the Director of Prosecution, Deputy Directors
of Prosecution and Assistant Directors of Prosecution and the areas for which each of theDeputy Directors of Prosecution or Assistant Directors of Prosecution have been appointedshall be such as the State Government may, by notification, specify.
(12) The provisions of this section shall not apply to the Advocate General for the
State while performing the functions of a Public Prosecutor.
CHAPTER III
P
OWER OF COURTS
21.Subject to the other provisions of this Sanhita,—
(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—
(i) the High Court; or
(ii) the Court of Session; or
(iii) any other Court by which such offence is shown in the First Schedule
to be triable:
Provided that any offence under section 64, section 65, section 66, section 67,
section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023
shall be tried as far as practicable by a Court presided over by a woman;
(b) any offence under any other law shall, when any Court is mentioned in this
behalf in such law, be tried by such Court and when no Court is so mentioned, may betried by—
(i) the High Court; or
(ii) any other Court by which such offence is shown in the First Schedule
to be triable.Courts bywhichoffences aretriable.
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22.(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised
by law; but any sentence of death passed by any such Judge shall be subject to confirmation
by the High Court.
23. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by
law except a sentence of death or of imprisonment for life or of imprisonment for a termexceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment
for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or ofboth, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment
for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both,or of community service.
Explanation.— "Community service" shall mean the work which the Court may order
a convict to perform as a form of punishment that benefits the community, for which he shallnot be entitled to any remuneration.
24. (1) The Court of a Magistrate may award such term of imprisonment in default of
payment of fine as is authorised by law:
Provided that the term—
(a) is not in excess of the powers of the Magistrate under section 23;
(b) shall not, where imprisonment has been awarded as part of the substantive
sentence, exceed one-fourth of the term of imprisonment which the Magistrate iscompetent to inflict as punishment for the offence otherwise than as imprisonment indefault of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive
sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.
25. (1) When a person is convicted at one trial of two or more offences, the Court may,
subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him
for such offences, to the several punishments prescribed therefor which such Court iscompetent to inflict and the Court shall, considering the gravity of offences, order suchpunishments to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by
reason only of the aggregate punishment for the several offences being in excess of thepunishment which it is competent to inflict on conviction of a single offence, to send theoffender for trial before a higher Court:
Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer
period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment
which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive
sentences passed against him under this section shall be deemed to be a single sentence.
26. (1) In conferring powers under this Sanhita, the High Court or the State Government,
as the case may be, may, by order, empower persons specially by name or in virtue of their
offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the
person so empowered.
27.Whenever any person holding an office in the service of Government who has
been invested by the High Court or the State Government with any powers under thisSanhita throughout any local area is appointed to an equal or higher office of the sameSentenceswhich HighCourts andSessions Judgesmay pass.
Sentences
whichMagistratesmay pass.
Sentence of
imprisonmentin default offine.
Sentence incases ofconviction ofseveraloffences atone trial.
Mode ofconferringpowers.
Powers ofofficersappointed.
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nature, within a like local area under the same State Government, he shall, unless the High
Court or the State Government, as the case may be, otherwise directs, or has otherwisedirected, exercise the same powers in the local area in which he is so appointed.
28. (1) The High Court or the State Government, as the case may be, may withdraw all
or any of the powers conferred by it under this Sanhita on any person or by any officersubordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate
may be withdrawn by the respective Magistrate by whom such powers were conferred.
29.(1) Subject to the other provisions of this Sanhita, the powers and duties of a
Judge or Magistrate may be exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge
shall determine by order in writing the Judge who shall, for the purposes of this Sanhita orof any proceedings or order thereunder, be deemed to be the successor-in-office.
(3) When there is any doubt as to who is the successor-in-office of any Magistrate,
the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determineby order in writing the Magistrate who shall, for the purpose of this Sanhita or of anyproceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
CHAPTER IV
P
OWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
30.Police officers superior in rank to an officer in charge of a police station may
exercise the same powers, throughout the local area to which they are appointed, as may beexercised by such officer within the limits of his station.
31. Every person is bound to assist a Magistrate or police officer reasonably demanding
his aid—
(a) in the taking or preventing the escape of any other person whom such
Magistrate or police officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any public
property.
32.When a warrant is directed to a person other than a police officer, any other
person may aid in the execution of such warrant, if the person to whom the warrant is
directed be near at hand and acting in the execution of the warrant.
33.(1) Every person, aware of the commission of, or of the intention of any other
person to commit, any offence punishable under any of the following sections of theBharatiya Nyaya Sanhita, 2023, namely:—
(i) sections 103 to 105 (both inclusive);
(ii) sections 111 to 113 (both inclusive);
(iii) sections 140 to 144 (both inclusive);
(iv) sections 147 to 154 (both inclusive) and section 158;
(v) sections 178 to 182 (both inclusive);
(vi) sections 189 and 191;
(vii) sections 274 to 280 (both inclusive);
(viii) section 307;Withdrawal ofpowers.
Powers of
Judges andMagistratesexercisable bytheirsuccessors-in-office.
Powers of
superiorofficers ofpolice.
Public when to
assistMagistratesand police.
Aid to person,
other thanpolice officer,executingwarrant.
Public to give
informationof certainoffences.
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(ix) sections 309 to 312 (both inclusive);
(x) sub-section ( 5) of section 316;
(xi) sections 326 to 328 (both inclusive); and
(xii) sections 331 and 332,
shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie
upon the person so aware, forthwith give information to the nearest Magistrate or policeofficer of such commission or intention.
(2) For the purposes of this section, the term "offence" includes any act committed at
any place out of India which would constitute an offence if committed in India.
34.(1) Every officer employed in connection with the affairs of a village and every
person residing in a village shall forthwith communicate to the nearest Magistrate or to theofficer in charge of the nearest police station, whichever is nearer, any information which hemay possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor
of stolen property in or near such village;
(b) the resort to any place within, or the passage through, such village of any
person whom he knows, or reasonably suspects, to be a robber, escaped convict orproclaimed offender;
(c) the commission of, or intention to commit, in or near such village any
non-bailable offence or any offence punishable under section 189 and section 191 ofthe Bharatiya Nyaya Sanhita, 2023;
(d) the occurrence in or near such village of any sudden or unnatural death or
of any death under suspicious circumstances or the discovery in or near such villageof any corpse or part of a corpse, in circumstances which lead to a reasonable suspicionthat such a death has occurred or the disappearance from such village of any personin circumstances which lead to a reasonable suspicion that a non-bailable offence hasbeen committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India near
such village any act which, if committed in India, would be an offence punishableunder any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely,103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),clauses ( f) and ( g) of section 326, 331or 332;
(f) any matter likely to affect the maintenance of order or the prevention of crime
or the safety of person or property respecting which the District Magistrate, bygeneral or special order made with the previous sanction of the State Government,has directed him to communicate information.
(2) In this section,—
(i) "village" includes village lands;
(ii) the expression "proclaimed offender" includes any person proclaimed as an
offender by any Court or authority in any territory in India to which this Sanhita does
not extend, in respect of any act which if committed in the territories to which thisSanhita extends, would be an offence punishable under any of the offence punishablewith imprisonment for ten years or more or with imprisonment for life or with deathunder the Bharatiya Nyaya Sanhita, 2023;
(iii) the words "officer employed in connection with the affairs of the village"
means a member of the panchayat of the village and includes the headman and everyofficer or other person appointed to perform any function connected with theadministration of the village.Duty ofofficersemployed inconnectionwith affairs ofa village tomake certainreport.
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CHAPTER V
ARREST OF PERSONS
35.(1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable
offence punishable with imprisonment for a term which may be less than seven yearsor which may extend to seven years whether with or without fine, if the followingconditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint,
information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence
to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or
promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to the policeofficer; or
(e) as unless such person is arrested, his presence in the Court
whenever required cannot be ensured,
and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is
not required under the provisions of this sub-section, record the reasons in writingfor not making the arrest; or
(c) against whom credible information has been received that he has committed
a cognizable offence punishable with imprisonment for a term which may extend to
more than seven years whether with or without fine or with death sentence and the
police officer has reason to believe on the basis of that information that such personhas committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by
order of the State Government; or
(e) in whose possession anything is found which may reasonably be suspected
to be stolen property and who may reasonably be suspected of having committed anoffence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonable suspicionexists, of his having been concerned in, any act committed at any place out of Indiawhich, if committed in India, would have been punishable as an offence, and forWhen police
may arrestwithoutwarrant.
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which he is, under any law relating to extradition, or otherwise, liable to be apprehended
or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under
sub-section ( 5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received
from another police officer, provided that the requisition specifies the person to bearrested and the offence or other cause for which the arrest is to be made and itappears therefrom that the person might lawfully be arrested without a warrant by theofficer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable
offence or against whom a complaint has been made or credible information has been
received or reasonable suspicion exists of his having so concerned, shall be arrested exceptunder a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required
under sub-section ( 1) issue a notice directing the person against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable suspicionexists that he has committed a cognizable offence, to appear before him or at such otherplace as may be specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that person to
comply with the terms of the notice.
(5) Where such person complies and continues to comply with the notice, he shall
not be arrested in respect of the offence referred to in the notice unless, for reasons to berecorded, the police officer is of the opinion that he ought to be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice or is
unwilling to identify himself, the police officer may, subject to such orders as may havebeen passed by a competent Court in this behalf, arrest him for the offence mentioned in thenotice.
(7) No arrest shall be made without prior permission of an officer not below the rank of
Deputy Superintendent of Police in case of an offence which is punishable for imprisonmentof less than three years and such person is infirm or is above sixty years of age.
36.Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will
facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the
person arrested or a respectable member of the locality where the arrest ismade;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member
of his family, that he has a right to have a relative or a friend or any other personnamed by him to be informed of his arrest.
37.The State Government shall—
(a) establish a police control room in every district and at State level;
(b) designate a police officer in every district and in every police station, not
below the rank of Assistant Sub-Inspector of Police who shall be responsible for
maintaining the information about the names and addresses of the persons arrested,nature of the offence with which charged, which shall be prominently displayed inany manner including in digital mode in every police station and at the districtheadquarters.Procedure ofarrest andduties ofofficer makingarrest.
Designated
police officer.
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38.When any person is arrested and interrogated by the police, he shall be entitled
to meet an advocate of his choice during interrogation, though not throughout interrogation.
39.(1) When any person who, in the presence of a police officer, has committed or
has been accused of committing a non-cognizable offence refuses on demand of such
officer to give his name and residence or gives a name or residence which such officer hasreason to believe to be false, he may be arrested by such officer in order that his name orresidence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall
be released on a bond or bail bond, to appear before a Magistrate if so required:
Provided that if such person is not resident in India, the bail bond shall be secured by
a surety or sureties resident in India.
(3) If the true name and residence of such person is not ascertained within
twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or,if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearestMagistrate having jurisdiction.
40.(1) Any private person may arrest or cause to be arrested any person who in his
presence commits a non-bailable and cognizable offence, or any proclaimed offender, and,without unnecessary delay, but within six hours from such arrest, shall make over or causeto be made over any person so arrested to a police officer, or, in the absence of a policeofficer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of
sub-section ( 1) of section 35, a police officer shall take him in custody.
(3) If there is reason to believe that he has committed a non-cognizable offence, and
he refuses on the demand of a police officer to give his name and residence, or gives a nameor residence which such officer has reason to believe to be false, he shall be dealt withunder the provisions of section 39; but if there is no sufficient reason to believe that he hascommitted any offence, he shall be at once released.
41.(1) When any offence is committed in the presence of a Magistrate, whether
Executive or Judicial, within his local jurisdiction, he may himself arrest or order any personto arrest the offender, and may thereupon, subject to the provisions herein contained as tobail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the
arrest, in his presence, within his local jurisdiction, of any person for whose arrest he iscompetent at the time and in the circumstances to issue a warrant.
42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both
inclusive), no member of the Armed Forces of the Union shall be arrested for anything doneor purported to be done by him in the discharge of his official duties except after obtainingthe consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of
sub-section ( 1) shall apply to such class or category of the members of the Force charged
with the maintenance of public order as may be specified therein, wherever they may beserving, and thereupon the provisions of that sub-section shall apply as if for the expression"Central Government" occurring therein, the expression "State Government" weresubstituted.Right ofarrestedperson tomeet anadvocate ofhis choiceduringinterrogation.
Arrest on
refusal to givename andresidence.
Arrest by
private personand procedureon such arrest.
Arrest by
Magistrate.
Protection of
members ofArmed Forcesfrom arrest.
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43.(1) In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person to be arrested, unless there be a submission
to the custody by word or action:
Provided that where a woman is to be arrested, unless the circumstances indicate
to the contrary, her submission to custody on an oral intimation of arrest shall bepresumed and, unless the circumstances otherwise require or unless the police officeris a female, the police officer shall not touch the person of the woman for making herarrest.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade
the arrest, such police officer or other person may use all means necessary to effect thearrest.
(3) The police officer may, keeping in view the nature and gravity of the offence,
use handcuff while making the arrest of a person or while producing such personbefore the court who is a habitual or repeat offender, or who escaped from custody, orwho has committed offence of organised crime, terrorist act, drug related crime, orillegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting ofcoins and currency-notes, human trafficking, sexual offence against children, or offenceagainst the State.
(4) Nothing in this section gives a right to cause the death of a person who is not
accused of an offence punishable with death or with imprisonment for life.
(5) Save in exceptional circumstances, no woman shall be arrested after sunset and
before sunrise, and where such exceptional circumstances exist, the woman police officershall, by making a written report, obtain the prior permission of the Magistrate of thefirst class within whose local jurisdiction the offence is committed or the arrest is to bemade.
44.(1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested has entered into, oris within, any place, any person residing in, or being in charge of, such place shall, ondemand of such person acting as aforesaid or such police officer, allow him free ingressthereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section ( 1), it shall be lawful
in any case for a person acting under a warrant and in any case in which a warrant mayissue, but cannot be obtained without affording the person to be arrested an opportunity ofescape, for a police officer to enter such place and search therein, and in order to effect anentrance into such place, to break open any outer or inner door or window of any house orplace, whether that of the person to be arrested or of any other person, if after notificationof his authority and purpose, and demand of admittance duly made, he cannot otherwiseobtain admittance:
Provided that if any such place is an apartment in the actual occupancy of a female
(not being the person to be arrested) who, according to custom, does not appear in public,such person or police officer shall, before entering such apartment, give notice to suchfemale that she is at liberty to withdraw and shall afford her every reasonable facility forwithdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open
any outer or inner door or window of any house or place in order to liberate himself or anyother person who, having lawfully entered for the purpose of making an arrest, is detainedtherein.Arrest howmade.
Search of placeentered byperson soughtto be arrested.
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45.A police officer may, for the purpose of arresting without warrant any person
whom he is authorised to arrest, pursue such person into any place in India.
46.The person arrested shall not be subjected to more restraint than is necessary to
prevent his escape.
47. (1) Every police officer or other person arresting any person without warrant shall
forthwith communicate to him full particulars of the offence for which he is arrested or other
grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person
accused of a non-bailable offence, he shall inform the person arrested that he is entitled tobe released on bail and that he may arrange for sureties on his behalf.
48. (1) Every police officer or other person making any arrest under this Sanhita shall
forthwith give the information regarding such arrest and place where the arrested person isbeing held to any of his relatives, friends or such other persons as may be disclosed ornominated by the arrested person for the purpose of giving such information and also tothe designated police officer in the district.
(2) The police officer shall inform the arrested person of his rights under
sub-section ( 1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall
be made in a book to be kept in the police station in such form as the State Government may,by rules, provide.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced,
to satisfy himself that the requirements of sub-section ( 2) and sub-section ( 3) have been
complied with in respect of such arrested person.
49.(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not
provide for the taking of bail, or under a warrant which provides for the taking of bailbut the person arrested cannot furnish bail; and
(ii) a person is arrested without warrant, or by a private person under a warrant,
and cannot legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the policeofficer to whom he makes over the person arrested, may search such person, and place insafe custody all articles, other than necessary wearing-apparel, found upon him and whereany article is seized from the arrested person, a receipt showing the articles taken inpossession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be
made by another female with strict regard to decency.
50.The police officer or other person making any arrest under this Sanhita may,
immediately after the arrest is made, take from the person arrested any offensive weaponswhich he has about his person, and shall deliver all weapons so taken to the Court or officerbefore which or whom the officer or person making the arrest is required by this Sanhita toproduce the person arrested.
51.(1) When a person is arrested on a charge of committing an offence of such a
nature and alleged to have been committed under such circumstances that there arereasonable grounds for believing that an examination of his person will afford evidence asto the commission of an offence, it shall be lawful for a registered medical practitioner,acting at the request of any police officer, and for any person acting in good faith in his aidand under his direction, to make such an examination of the person arrested as is reasonablyPursuit ofoffenders intootherjurisdictions.
No unnecessary
restraint.
Person
arrested to beinformed ofgrounds ofarrest and ofright to bail.
Obligation of
person makingarrest toinform aboutarrest, etc., torelative orfriend.
Search of
arrestedperson.
Power to seize
offensiveweapons.
Examination
of accused bymedicalpractitioner atrequest ofpolice officer.
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necessary in order to ascertain the facts which may afford such evidence, and to use such
force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the
examination shall be made only by, or under the supervision of, a female registered medicalpractitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination
report to the investigating officer.
Explanation .—In this section and sections 52 and 53,—
(a) "examination" shall include the examination of blood, blood stains, semen,
swabs in case of sexual offences, sputum and sweat, hair samples and finger nailclippings by the use of modern and scientific techniques including DNA profiling andsuch other tests which the registered medical practitioner thinks necessary in aparticular case;
(b) "registered medical practitioner" means a medical practitioner who possesses
any medical qualification recognised under the National Medical CommissionAct, 2019 and whose name has been entered in the National Medical Register or aState Medical Register under that Act.
52.(1) When a person is arrested on a charge of committing an offence of rape or an
attempt to commit rape and there are reasonable grounds for believing that an examination
of his person will afford evidence as to the commission of such offence, it shall be lawful fora registered medical practitioner employed in a hospital run by the Government or by a localauthority and in the absence of such a practitioner within the radius of sixteen kilometresfrom the place where the offence has been committed, by any other registered medicalpractitioner, acting at the request of any police officer, and for any person acting in goodfaith in his aid and under his direction, to make such an examination of the arrested personand to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without
any delay, examine such person and prepare a report of his examination giving the followingparticulars, namely:—
(i) the name and address of the accused and of the person by whom he was
brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA
profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be
noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to
the investigating officer, who shall forward it to the Magistrate referred to in section 193 aspart of the documents referred to in clause ( a) of sub-section ( 6) of that section.
53.(1) When any person is arrested, he shall be examined by a medical officer in the
service of the Central Government or a State Government, and in case the medical officer isnot available, by a registered medical practitioner soon after the arrest is made:Examinationof personaccused ofrape bymedicalpractitioner.
Examination
of arrestedperson bymedicalofficer.30 of 2019.
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Provided that if the medical officer or the registered medical practitioner is of the
opinion that one more examination of such person is necessary, he may do so:
Provided further that where the arrested person is a female, the examination of the
body shall be made only by or under the supervision of a female medical officer, and in case
the female medical officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested
person shall prepare the record of such examination, mentioning therein any injuries ormarks of violence upon the person arrested, and the approximate time when such injuries or
marks may have been inflicted.
(3) Where an examination is made under sub-section ( 1), a copy of the report of such
examination shall be furnished by the medical officer or registered medical practitioner, as
the case may be, to the arrested person or the person nominated by such arrested person.
54.Where a person is arrested on a charge of committing an offence and his
identification by any other person or persons is considered necessary for the purpose ofinvestigation of such offence, the Court, having jurisdiction may, on the request of the
officer in charge of a police station, direct the person so arrested to subject himself to
identification by any person or persons in such manner as the Court may deem fit:
Provided that if the person identifying the person arrested is mentally or physically
disabled, such process of identification shall take place under the supervision of a Magistratewho shall take appropriate steps to ensure that such person identifies the person arrestedusing methods that person is comfortable with and the identification process shall berecorded by any audio-video electronic means.
55. (1) When any officer in charge of a police station or any police officer making an
investigation under Chapter XIII requires any officer subordinate to him to arrest without awarrant (otherwise than in his presence) any person who may lawfully be arrested without
a warrant, he shall deliver to the officer required to make the arrest an order in writing,
specifying the person to be arrested and the offence or other cause for which the arrest isto be made and the officer so required shall, before making the arrest, notify to the personto be arrested the substance of the order and, if so required by such person, shall show himthe order.
(2) Nothing in sub-section ( 1) shall affect the power of a police officer to arrest a
person under section 35.
56.It shall be the duty of the person having the custody of an accused to take
reasonable care of the health and safety of the accused.
57.A police officer making an arrest without warrant shall, without unnecessary
delay and subject to the provisions herein contained as to bail, take or send the person
arrested before a Magistrate having jurisdiction in the case, or before the officer in charge
of a police station.
58.No police officer shall detain in custody a person arrested without warrant for a
longer period than under all the circumstances of the case is reasonable, and such periodshall not, in the absence of a special order of a Magistrate under section 187, exceedtwenty-four hours exclusive of the time necessary for the journey from the place of arrest tothe Magistrate's Court, whether having jurisdiction or not.
59.Officers in charge of police stations shall report to the District Magistrate, or, if
he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested withoutwarrant, within the limits of their respective stations, whether such persons have beenadmitted to bail or otherwise.Identification
of personarrested.
Procedure
when policeofficer deputessubordinate toarrest withoutwarrant.
Health and
safety ofarrested person.
Person
arrested to be
taken before
Magistrate or
officer in
charge of
police station.
Person
arrested not to
be detained
more than
twenty-four
hours.
Police to
reportapprehensions.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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60.No person who has been arrested by a police officer shall be discharged except
on his bond, or bail bond, or under the special order of a Magistrate.
61.(1) If a person in lawful custody escapes or is rescued, the person from whose
custody he escaped or was rescued may immediately pursue and arrest him in any place in
India.
(2) The provisions of section 44 shall apply to arrests under sub-section ( 1) although
the person making any such arrest is not acting under a warrant and is not a police officerhaving authority to arrest.
62.No arrest shall be made except in accordance with the provisions of this Sanhita
or any other law for the time being in force providing for arrest.
CHAPTER VI
P
ROCESSES TO COMPEL APPEARANCE
A.—Summons
63.Every summons issued by a Court under this Sanhita shall be,—
(i) in writing, in duplicate, signed by the presiding officer of such Court or by
such other officer as the High Court may, from time to time, by rule direct, and shallbear the seal of the Court; or
(ii) in an encrypted or any other form of electronic communication and shall
bear the image of the seal of the Court or digital signature.
64.(1) Every summons shall be served by a police officer, or subject to such rules as
the State Government may make in this behalf, by an officer of the Court issuing it or other
public servant:
Provided that the police station or the registrar in the Court shall maintain a register to
enter the address, email address, phone number and such other details as the StateGovernment may, by rules, provide.
(2) The summons shall, if practicable, be served personally on the person summoned,
by delivering or tendering to him one of the duplicates of the summons:
Provided that summons bearing the image of Court's seal may also be served by
electronic communication in such form and in such manner, as the State Government may,by rules, provide.
(3) Every person on whom a summons is so served personally shall, if so required by
the serving officer, sign a receipt therefor on the back of the other duplicate.
65. (1) Service of a summons on a company or corporation may be effected by serving
it on the Director, Manager, Secretary or other officer of the company or corporation, or byletter sent by registered post addressed to the Director, Manager, Secretary or other officerof the company or corporation in India, in which case the service shall be deemed to havebeen effected when the letter would arrive in ordinary course of post.
Explanation .—In this section, "company" means a body corporate and "corporation"
means an incorporated company or other body corporate registered under the CompaniesAct, 2013 or a society registered under the Societies Registration Act, 1860.
(2) Service of a summons on a firm or other association of individuals may be effected
by serving it on any partner of such firm or association, or by letter sent by registered postaddressed to such partner, in which case the service shall be deemed to have been effectedwhen the letter would arrive in ordinary course of post.Discharge of
person
apprehended.
Power, on
escape, topursue andretake.
Arrest to be
made strictlyaccording toSanhita.
Form of
summons.
Summons how
served.
Service of
summons oncorporatebodies, firms,and societies.
18 of 2013.
21 of 1860.
THE GAZETTE OF INDIA EXTRAORDINARY
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66.Where the person summoned cannot, by the exercise of due diligence, be found,
the summons may be served by leaving one of the duplicates for him with some adult
member of his family residing with him, and the person with whom the summons is so leftshall, if so required by the serving officer, sign a receipt therefor on the back of the otherduplicate.
Explanation .—A servant is not a member of the family within the meaning of this
section.
67.If service cannot by the exercise of due diligence be effected as provided in
section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of thesummons to some conspicuous part of the house or homestead in which the personsummoned ordinarily resides; and thereupon the Court, after making such inquiries as itthinks fit, may either declare that the summons has been duly served or order fresh servicein such manner as it considers proper.
68.(1) Where the person summoned is in the active service of the Government, the
Court issuing the summons shall ordinarily send it in duplicate to the head of the office inwhich such person is employed; and such head shall thereupon cause the summons to beserved in the manner provided by section 64, and shall return it to the Court under hissignature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
69.When a Court desires that a summons issued by it shall be served at any place
outside its local jurisdiction, it shall ordinarily send such summons in duplicate to aMagistrate within whose local jurisdiction the person summoned resides, or is, to be thereserved.
70. (1) When a summons issued by a Court is served outside its local jurisdiction, and
in any case where the officer who has served a summons is not present at the hearing of thecase, an affidavit, purporting to be made before a Magistrate, that such summons has beenserved, and a duplicate of the summons purporting to be endorsed (in the manner providedby section 64 or section 66) by the person to whom it was delivered or tendered or withwhom it was left, shall be admissible in evidence, and the statements made therein shall bedeemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the
summons and returned to the Court.
(3) All summons served through electronic communication under sections 64 to 71
(both inclusive) shall be considered as duly served and a copy of such summons shall beattested and kept as a proof of service of summons.
71. (1) Notwithstanding anything contained in the preceding sections of this Chapter,
a Court issuing a summons to a witness may, in addition to and simultaneously with theissue of such summons, direct a copy of the summons to be served by electroniccommunication or by registered post addressed to the witness at the place where he ordinarilyresides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness refused to takedelivery of the summons has been received or on the proof of delivery of summons undersub-section ( 3) of section 70 by electronic communication to the satisfaction of the Court,
the Court issuing summons may deem that the summons has been duly served.
B.—Warrant of arrest
72. (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing,
signed by the presiding officer of such Court and shall bear the seal of the Court.Service whenpersonssummonedcannot befound.
Procedure
when servicecannot beeffected asbeforeprovided.
Service on
Governmentservant.
Service of
summonsoutside locallimits.
Proof of
service in suchcases andwhen servingofficer notpresent.
Service of
summons onwitness.
Form of warrant
of arrest andduration.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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(2) Every such warrant shall remain in force until it is cancelled by the Court which
issued it, or until it is executed.
73.(1) Any Court issuing a warrant for the arrest of any person may in its discretion
direct by endorsement on the warrant that, if such person executes a bail bond with sufficient
sureties for his attendance before the Court at a specified time and thereafter until otherwisedirected by the Court, the officer to whom the warrant is directed shall take such securityand shall release such person from custody.
(2) The endorsement shall state—
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is
issued, are to be respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is
directed shall forward the bond to the Court.
74.(1) A warrant of arrest shall ordinarily be directed to one or more police officers;
but the Court issuing such a warrant may, if its immediate execution is necessary and nopolice officer is immediately available, direct it to any other person or persons, and suchperson or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed
by all, or by any one or more of them.
75.(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a
warrant to any person within his local jurisdiction for the arrest of any escaped convict,proclaimed offender or of any person who is accused of a non-bailable offence and isevading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall
execute it if the person for whose arrest it was issued, is in, or enters on, any land or otherproperty under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be
made over with the warrant to the nearest police officer, who shall cause him to be takenbefore a Magistrate having jurisdiction in the case, unless security is taken under section 73.
76. A warrant directed to any police officer may also be executed by any other police
officer whose name is endorsed upon the warrant by the officer to whom it is directed orendorsed.
77.The police officer or other person executing a warrant of arrest shall notify the
substance thereof to the person to be arrested, and, if so required, shall show him thewarrant.
78.The police officer or other person executing a warrant of arrest shall (subject to
the provisions of section 73 as to security) without unnecessary delay bring the personarrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive
of the time necessary for the journey from the place of arrest to the Magistrate's Court.
79.A warrant of arrest may be executed at any place in India.Power todirect securityto be taken.
Warrants to
whomdirected.
Warrant may
be directed toany person.
Warrant
directed topolice officer.
Notification
of substanceof warrant.
Person
arrested to bebrought beforeCourt withoutdelay.
Where
warrant maybe executed.
THE GAZETTE OF INDIA EXTRAORDINARY
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80.(1) When a warrant is to be executed outside the local jurisdiction of the Court
issuing it, such Court may, instead of directing the warrant to a police officer within its
jurisdiction, forward it by post or otherwise to any Executive Magistrate or DistrictSuperintendent of Police or Commissioner of Police within the local limits of whose jurisdictionit is to be executed; and the Executive Magistrate or District Superintendent or Commissionershall endorse his name thereon, and if practicable, cause it to be executed in the mannerhereinbefore provided.
(2) The Court issuing a warrant under sub-section ( 1) shall forward, along with the
warrant, the substance of the information against the person to be arrested together withsuch documents, if any, as may be sufficient to enable the Court acting under section 83 todecide whether bail should or should not be granted to the person.
81.(1) When a warrant directed to a police officer is to be executed beyond the local
jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement eitherto an Executive Magistrate or to a police officer not below the rank of an officer in charge ofa police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police officer to whom the warrant isdirected to execute the same, and the local police shall, if so required, assist such officer inexecuting such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or police officer within whose local jurisdiction the warrantis to be executed will prevent such execution, the police officer to whom it is directed mayexecute the same without such endorsement in any place beyond the local jurisdiction ofthe Court which issued it.
82. (1) When a warrant of arrest is executed outside the district in which it was issued,
the person arrested shall, unless the Court which issued the warrant is within thirty kilometresof the place of arrest or is nearer than the Executive Magistrate or District Superintendent ofPolice or Commissioner of Police within the local limits of whose jurisdiction the arrest wasmade, or unless security is taken under section 73, be taken before such Magistrate orDistrict Superintendent or Commissioner.
(2) On the arrest of any person referred to in sub-section ( 1), the police officer shall
forthwith give the information regarding such arrest and the place where the arrested personis being held to the designated police officer in the district and to such officer of anotherdistrict where the arrested person normally resides.
83. (1) The Executive Magistrate or District Superintendent of Police or Commissioner
of Police shall, if the person arrested appears to be the person intended by the Court whichissued the warrant, direct his removal in custody to such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give
bail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner,or a direction has been endorsed under section 73 on the warrant and such person is readyand willing to give the security required by such direction, the Magistrate, DistrictSuperintendent or Commissioner shall take such bail bond or security, as the case may be,and forward the bond, to the Court which issued the warrant:
Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief
Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of thedistrict in which the arrest is made on consideration of the information and the documentsreferred to in sub-section ( 2) of section 80, to release such person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer from taking
security under section 73.Warrantforwarded forexecutionoutsidejurisdiction.
Warrant
directed topolice officerfor executionoutsidejurisdiction.
Procedure on
arrest ofperson againstwhom warrantissued.
Procedure by
Magistratebefore whomsuch personarrested isbrought.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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C.—Proclamation and attachment
84.(1) If any Court has reason to believe (whether after taking evidence or not) that
any person against whom a warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, such Court may publish a writtenproclamation requiring him to appear at a specified place and at a specified time not lessthan thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village
in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in
which such person ordinarily resides or to some conspicuous place of such town orvillage;
(c) a copy thereof shall be affixed to some conspicuous part of the
Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be
published in a daily newspaper circulating in the place in which such person ordinarilyresides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day, in the manner specified in clause ( i) of
sub-section ( 2), shall be conclusive evidence that the requirements of this section have
been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-section ( 1) is in respect of a person
accused of an offence which is made punishable with imprisonment of ten years or more, or
imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under anyother law for the time being in force, and such person fails to appear at the specified placeand time required by the proclamation, the Court may, after making such inquiry as it thinksfit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections ( 2) and ( 3) shall apply to a declaration made
by the Court under sub-section ( 4) as they apply to the proclamation published under
sub-section ( 1).
85.(1) The Court issuing a proclamation under section 84 may, for reasons to be
recorded in writing, at any time after the issue of the proclamation, order the attachment ofany property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied,
by affidavit or otherwise, that the person in relation to whom the proclamation is to beissued,—
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the local
jurisdiction of the Court,
it may order the attachment of property simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such
person within the district in which it is made; and it shall authorise the attachment of anyproperty belonging to such person without such district when endorsed by the DistrictMagistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the
attachment under this section shall be made—
(a) by seizure; orProclamationfor personabsconding.
Attachmentof property ofpersonabsconding.
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(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this
section shall, in the case of land paying revenue to the State Government, be made through
the Collector of the district in which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property
to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable
nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such casethe proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall
be the same as those of a receiver appointed under the Code of Civil Procedure, 1908.
86. The Court may, on the written request from a police officer not below the rank of
the Superintendent of Police or Commissioner of Police, initiate the process of requesting
assistance from a Court or an authority in the contracting State for identification, attachmentand forfeiture of property belonging to a proclaimed person in accordance with the procedureprovided in Chapter VIII.
87.(1) If any claim is preferred to, or objection made to the attachment of, any
property attached under section 85, within six months from the date of such attachment, byany person other than the proclaimed person, on the ground that the claimant or objectorhas an interest in such property, and that such interest is not liable to attachment undersection 85, the claim or objection shall be inquired into, and may be allowed or disallowed inwhole or in part:
Provided that any claim preferred or objection made within the period allowed by this
sub-section may, in the event of the death of the claimant or objector, be continued by hislegal representative.
(2) Claims or objections under sub-section ( 1) may be preferred or made in the Court
by which the order of attachment is issued, or, if the claim or objection is in respect ofproperty attached under an order endorsed under sub-section ( 2) of section 85, in the Court
of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is
preferred or made:
Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he
may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an
order under sub-section ( 1) may, within a period of one year from the date of such order,
institute a suit to establish the right which he claims in respect of the property in dispute;but subject to the result of such suit, if any, the order shall be conclusive.
88. (1) If the proclaimed person appears within the time specified in the proclamation,
the Court shall make an order releasing the property from the attachment.
(2) If the proclaimed person does not appear within the time specified in the
proclamation, the property under the attachment shall be at the disposal of the StateIdentificationandattachment ofproperty ofproclaimedperson.
Claims and
objections toattachment.
Release, sale
andrestoration ofattachedproperty.5 of 1908.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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Government; but it shall not be sold until the expiration of six months from the date of the
attachment and until any claim preferred or objection made under section 87 has beendisposed of under that section, unless it is subject to speedy and natural decay, or theCourt considers that the sale would be for the benefit of the owner; in either of which casesthe Court may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is
or has been at the disposal of the State Government under sub-section ( 2), appears voluntarily
or is apprehended and brought before the Court by whose order the property was attached,or the Court to which such Court is subordinate, and proves to the satisfaction of suchCourt that he did not abscond or conceal himself for the purpose of avoiding execution ofthe warrant, and that he had not such notice of the proclamation as to enable him to attendwithin the time specified therein, such property, or, if the same has been sold, the netproceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale andthe residue of the property, shall, after satisfying therefrom all costs incurred in consequenceof the attachment, be delivered to him.
89.Any person referred to in sub-section ( 3) of section 88, who is aggrieved by any
refusal to deliver property or the proceeds of the sale thereof may appeal to the Court towhich appeals ordinarily lie from the sentences of the first-mentioned Court.
D.—Other rules regarding processes
90.A Court may, in any case in which it is empowered by this Sanhita to issue a
summons for the appearance of any person, issue, after recording its reasons in writing, awarrant for his arrest—
(a) if, either before the issue of such summons, or after the issue of the same but
before the time fixed for his appearance, the Court sees reason to believe that he hasabsconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been
duly served in time to admit of his appearing in accordance therewith and no reasonableexcuse is offered for such failure.
91.When any person for whose appearance or arrest the officer presiding in any
Court is empowered to issue a summons or warrant, is present in such Court, such officer
may require such person to execute a bond or bail bond for his appearance in such Court, orany other Court to which the case may be transferred for trial.
92.When any person who is bound by any bond or bail bond taken under this
Sanhita to appear before a Court, does not appear, the officer presiding in such Court mayissue a warrant directing that such person be arrested and produced before him.
93.The provisions contained in this Chapter relating to summons and warrant, and
their issue, service and execution, shall, so far as may be, apply to every summons andevery warrant of arrest issued under this Sanhita.
CHAPTER VII
P
ROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.—Summons to produce
94. (1) Whenever any Court or any officer in charge of a police station considers that
the production of any document, electronic communication, including communicationdevices, which is likely to contain digital evidence or other thing is necessary or desirablefor the purposes of any investigation, inquiry, trial or other proceeding under this SanhitaAppeal fromorder rejectingapplicationfor restorationof attachedproperty.
Issue of
warrant in lieu
of, or inaddition to,summons.
Power to take
bond or bailbond forappearance.
Arrest on
breach of bondor bail bondforappearance.
Provisions of
this Chaptergenerallyapplicable tosummons andwarrants ofarrest.
Summons to
producedocument orother thing.
THE GAZETTE OF INDIA EXTRAORDINARY
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by or before such Court or officer, such Court may issue a summons or such officer may, by
a written order, either in physical form or in electronic form, require the person in whosepossession or power such document or thing is believed to be, to attend and produce it, orto produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document, or other
thing shall be deemed to have complied with the requisition if he causes such document orthing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or
the Bankers' Books Evidence Act, 1891; or
(b) to apply to a letter, postcard, or other document or any parcel or thing in the
custody of the postal authority.
95.(1) If any document, parcel or thing in the custody of a postal authority is, in the
opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court
wanted for the purpose of any investigation, inquiry, trial or other proceeding under thisSanhita, such Magistrate or Court may require the postal authority to deliver the document,parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate,
whether Executive or Judicial, or of any Commissioner of Police or District Superintendentof Police, wanted for any such purpose, he may require the postal authority to cause searchto be made for and to detain such document, parcel or thing pending the order of a DistrictMagistrate, Chief Judicial Magistrate or Court under sub-section ( 1).
B.—Search-warrants
96. (1) Where—
(a) any Court has reason to believe that a person to whom a summons order
under section 94 or a requisition under sub-section ( 1) of section 95 has been, or
might be, addressed, will not or would not produce the document or thing as requiredby such summons or requisition; or
(b) such document or thing is not known to the Court to be in the possession of
any person; or
(c) the Court considers that the purposes of any inquiry, trial or other proceeding
under this Sanhita will be served by a general search or inspection,
it may issue a search-warrant; and the person to whom such warrant is directed, may searchor inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part
thereof to which only the search or inspection shall extend; and the person charged withthe execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a
District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document,parcel or other thing in the custody of the postal authority.
97.(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class, upon information and after such inquiry as he thinks necessary, has reason to believethat any place is used for the deposit or sale of stolen property, or for the deposit, sale orproduction of any objectionable article to which this section applies, or that any suchobjectionable article is deposited in any place, he may by warrant authorise any policeofficer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;Procedure asto letters.13 of 1891.
When search-warrant maybe issued.
Search of
placesuspected tocontain stolenproperty,forgeddocuments,etc.
Sec. 1]
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(c) to take possession of any property or article therein found which he
reasonably suspects to be stolen property or objectionable article to which this
section applies;
(d) to convey such property or article before a Magistrate, or to guard the same
on the spot until the offender is taken before a Magistrate, or otherwise to dispose ofit in some place of safety;
(e) to take into custody and carry before a Magistrate every person found in
such place who appears to have been privy to the deposit, sale or production of anysuch property or article knowing or having reasonable cause to suspect it to bestolen property or, as the case may be, objectionable article to which this sectionapplies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought
into India in contravention of any notification for the time being in force issued under
section 11 of the Customs Act, 1962;
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 294 of the Bharatiya Nyaya
Sanhita, 2023;
(g) instruments or materials used for the production of any of the articles
mentioned in clauses ( a) to (f).
98. (1) Where—
(a) any newspaper, or book; or
(b) any document,
wherever printed, appears to the State Government to contain any matter the publicationof which is punishable under section 152 or section 196 or section 197 or section 294 orsection 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may,by notification, stating the grounds of its opinion, declare every copy of the issue of thenewspaper containing such matter, and every copy of such book or other document to beforfeited to Government, and thereupon any police officer may seize the same whereverfound in India and any Magistrate may by warrant authorise any police officer not belowthe rank of sub-inspector to enter upon and search for the same in any premises where anycopy of such issue, or any such book or other document may be or may be reasonablysuspected to be.
(2) In this section and in section 99,—
(a) "newspaper" and "book" have the same meanings as in the Press and
Registration of Books Act, 1867;
(b) "document" includes any painting, drawing or photograph, or other visible
representation.
(3) No order passed or action taken under this section shall be called in question in
any Court otherwise than in accordance with the provisions of section 99.
99. (1) Any person having any interest in any newspaper, book or other document, in
respect of which a declaration of forfeiture has been made under section 98, may, within two
months from the date of publication in the Official Gazette of such declaration, apply to theHigh Court to set aside such declaration on the ground that the issue of the newspaper, orPower todeclare certainpublicationsforfeited andto issuesearch-warrants forsame.11 of 2011.
25 of 1867.
Application toHigh Court toset asidedeclaration offorfeiture.52 of 1962.
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the book or other document, in respect of which the declaration was made, did not contain
any such matter as is referred to in sub-section ( 1) of section 98.
(2) Every such application shall, where the High Court consists of three or more
Judges, be heard and determined by a Special Bench of the High Court composed of threeJudges and where the High Court consists of less than three Judges, such Special Benchshall be composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any newspaper, any copy
of such newspaper may be given in evidence in aid of the proof of the nature or tendencyof the words, signs or visible representations contained in such newspaper, in respect ofwhich the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the
book or other document, in respect of which the application has been made, contained anysuch matter as is referred to in sub-section ( 1) of section 98, set aside the declaration of
forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special
Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
100. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class has reason to believe that any person is confined under such circumstances that theconfinement amounts to an offence, he may issue a search-warrant, and the person towhom such warrant is directed may search for the person so confined; and such searchshall be made in accordance therewith, and the person, if found, shall be immediately takenbefore a Magistrate, who shall make such order as in the circumstances of the case seemsproper.
101. Upon complaint made on oath of the abduction or unlawful detention of a
woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisionalMagistrate or Magistrate of the first class may make an order for the immediate restorationof such woman to her liberty, or of such female child to her parent, guardian or other personhaving the lawful charge of such child, and may compel compliance with such order, usingsuch force as may be necessary.
C.—General provisions relating to searches
102. The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be,
apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
103. (1) Whenever any place liable to search or inspection under this Chapter is
closed, any person residing in, or being in charge of, such place, shall, on demand of theofficer or other person executing the warrant, and on production of the warrant, allow himfree ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person
executing the warrant may proceed in the manner provided by sub-section ( 2) of section 44.
(3) Where any person in or about such place is reasonably suspected of concealing
about his person any article for which search should be made, such person may be searchedand if such person is a woman, the search shall be made by another woman with strictregard to decency.
(4) Before making a search under this Chapter, the officer or other person about to
make it shall call upon two or more independent and respectable inhabitants of the localityin which the place to be searched is situate or of any other locality if no such inhabitant ofthe said locality is available or is willing to be a witness to the search, to attend and witnessthe search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the
course of such search and of the places in which they are respectively found shall beSearch forpersonswrongfullyconfined.
Power to
compelrestoration ofabductedfemales.
Direction,
etc., ofsearch-warrants.
Persons in
charge ofclosed place toallow search.
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prepared by such officer or other person and signed by such witnesses; but no person
witnessing a search under this section shall be required to attend the Court as a witness ofthe search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in every
instance, be permitted to attend during the search, and a copy of the list prepared under thissection, signed by the said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section ( 3), a list of all things taken
possession of shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and
witness a search under this section, when called upon to do so by an order in writingdelivered or tendered to him, shall be deemed to have committed an offence undersection 222 of the Bharatiya Nyaya Sanhita, 2023.
104. When, in the execution of a search-warrant at any place beyond the local
jurisdiction of the Court which issued the same, any of the things for which search is made,are found, such things, together with the list of the same prepared under the provisionshereinafter contained, shall be immediately taken before the Court issuing the warrant,unless such place is nearer to the Magistrate having jurisdiction therein than to such Court,in which case the list and things shall be immediately taken before such Magistrate; and,unless there be good cause to the contrary, such Magistrate shall make an order authorisingthem to be taken to such Court.
D.—Miscellaneous
105. The process of conducting search of a place or taking possession of any property,
article or thing under this Chapter or under section 185, including preparation of the list ofall things seized in the course of such search and seizure and signing of such list bywitnesses, shall be recorded through any audio-video electronic means preferably mobilephone and the police officer shall without delay forward such recording to the DistrictMagistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
106. (1) Any police officer may seize any property which may be alleged or suspected
to have been stolen, or which may be found under circumstances which create suspicion ofthe commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall
forthwith report the seizure to that officer.
(3) Every police officer acting under sub-section ( 1) shall forthwith report the seizure
to the Magistrate having jurisdiction and where the property seized is such that it cannot beconveniently transported to the Court, or where there is difficulty in securing properaccommodation for the custody of such property, or where the continued retention of theproperty in police custody may not be considered necessary for the purpose of investigation,he may give custody thereof to any person on his executing a bond undertaking to producethe property before the Court as and when required and to give effect to the further ordersof the Court as to the disposal of the same:
Provided that where the property seized under sub-section ( 1) is subject to speedy
and natural decay and if the person entitled to the possession of such property is unknownor absent and the value of such property is less than five hundred rupees, it may forthwithbe sold by auction under the orders of the Superintendent of Police and the provisions ofsections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds ofsuch sale.
107. (1) Where a police officer making an investigation has reason to believe that any
property is derived or obtained, directly or indirectly, as a result of a criminal activity or fromthe commission of any offence, he may, with the approval of the Superintendent of Police orCommissioner of Police, make an application to the Court or the Magistrate exercisingDisposal ofthings foundin searchbeyondjurisdiction.
Recording of
search andseizurethrough audio-videoelectronicmeans.
Power of
police officerto seizecertainproperty.
Attachment,
forfeiture orrestoration ofproperty.
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jurisdiction to take cognizance of the offence or commit for trial or try the case, for the
attachment of such property.
(2) If the Court or the Magistrate has reasons to believe, whether before or after
taking evidence, that all or any of such properties are proceeds of crime, the Court or theMagistrate may issue a notice upon such person calling upon him to show cause within aperiod of fourteen days as to why an order of attachment shall not be made.
(3) Where the notice issued to any person under sub-section ( 2) specifies any property
as being held by any other person on behalf of such person, a copy of the notice shall alsobe served upon such other person.
(4) The Court or the Magistrate may, after considering the explanation, if any, to the
show-cause notice issued under sub-section ( 2) and the material fact available before such
Court or Magistrate and after giving a reasonable opportunity of being heard to suchperson or persons, may pass an order of attachment, in respect of those properties whichare found to be the proceeds of crime:
Provided that if such person does not appear before the Court or the Magistrate or
represent his case before the Court or Magistrate within a period of fourteen days specifiedin the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte
order.
(5) Notwithstanding anything contained in sub-section ( 2), if the Court or the
Magistrate is of the opinion that issuance of notice under the said sub-section woulddefeat the object of attachment or seizure, the Court or Magistrate may by an interim orderpassed ex parte direct attachment or seizure of such property, and such order shall remain
in force till an order under sub-section ( 6) is passed.
(6) If the Court or the Magistrate finds the attached or seized properties to be
the proceeds of crime, the Court or the Magistrate shall by order direct the DistrictMagistrate to rateably distribute such proceeds of crime to the persons who are affected bysuch crime.
(7) On receipt of an order passed under sub-section ( 6), the District Magistrate shall,
within a period of sixty days distribute the proceeds of crime either by himself or authoriseany officer subordinate to him to effect such distribution.
(8) If there are no claimants to receive such proceeds or no claimant is ascertainable
or there is any surplus after satisfying the claimants, such proceeds of crime shall standforfeited to the Government.
108. Any Magistrate may direct a search to be made in his presence of any place for
the search of which he is competent to issue a search-warrant.
109. Any Court may, if it thinks fit, impound any document or thing produced before
it under this Sanhita.
110. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this
section referred to as the said territories) desires that—
(a) a summons to an accused person; or
(b) a warrant for the arrest of an accused person; or
(c) a summons to any person requiring him to attend and produce a document
or other thing, or to produce it; orMagistratemay directsearch in hispresence.
Power to
impounddocument,etc., produced.
Reciprocal
arrangementsregardingprocesses.
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(d) a search-warrant,
issued by it shall be served or executed at any place,—
(i) within the local jurisdiction of a Court in any State or area in India outside the
said territories, it may send such summons or warrant in duplicate by post or otherwise,
to the presiding officer of that Court to be served or executed; and where any summonsreferred to in clause ( a) or clause ( c) has been so served, the provisions of section 70
shall apply in relation to such summons as if the presiding officer of the Court towhom it is sent were a Magistrate in the said territories;
(ii) in any country or place outside India in respect of which arrangements have
been made by the Central Government with the Government of such country or placefor service or execution of summons or warrant in relation to criminal matters (hereafterin this section referred to as the contracting State), it may send such summons orwarrant in duplicate in such form, directed to such Court, Judge or Magistrate, andsend to such authority for transmission, as the Central Government may, bynotification, specify in this behalf.
(2) Where a Court in the said territories has received for service or execution—
(a) a summons to an accused person; or
(b) a warrant for the arrest of an accused person; or
(c) a summons to any person requiring him to attend and produce a document
or other thing, or to produce it; or
(d) a search-warrant,
issued by—
(I) a Court in any State or area in India outside the said territories;
(II) a Court, Judge or Magistrate in a contracting State,
it shall cause the same to be served or executed as if it were a summons or warrant received
by it from another Court in the said territories for service or execution within its localjurisdiction; and where—
(i) a warrant of arrest has been executed, the person arrested shall, so far as
possible, be dealt with in accordance with the procedure specified by sections 82 and 83;
(ii) a search-warrant has been executed, the things found in the search shall, so
far as possible, be dealt with in accordance with the procedure specified bysection 104:
Provided that in a case where a summons or search-warrant received from a contracting
State has been executed, the documents or things produced or things found in the search
shall be forwarded to the Court issuing the summons or search-warrant through suchauthority as the Central Government may, by notification, specify in this behalf.
CHAPTER VIII
R
ECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY
111. In this Chapter, unless the context otherwise requires,—
(a) "contracting State" means any country or place outside India in respect of
which arrangements have been made by the Central Government with the Governmentof such country through a treaty or otherwise;
(b) "identifying" includes establishment of a proof that the property was derived
from, or used in, the commission of an offence;Definitions.
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(c) "proceeds of crime" means any property derived or obtained directly or
indirectly, by any person as a result of criminal activity (including crime involving
currency transfers) or the value of any such property;
(d) "property" means property and assets of every description whether corporeal
or incorporeal, movable or immovable, tangible or intangible and deeds and instrumentsevidencing title to, or interest in, such property or assets derived or used in thecommission of an offence and includes property obtained through proceeds of crime;
(e) "tracing" means determining the nature, source, disposition, movement,
title or ownership of property.
112. (1) If, in the course of an investigation into an offence, an application is made by
the investigating officer or any officer superior in rank to the investigating officer that
evidence may be available in a country or place outside India, any Criminal Court may issuea letter of request to a Court or an authority in that country or place competent to deal withsuch request to examine orally any person supposed to be acquainted with the facts andcircumstances of the case and to record his statement made in the course of such examinationand also to require such person or any other person to produce any document or thingwhich may be in his possession pertaining to the case and to forward all the evidence sotaken or collected or the authenticated copies thereof or the thing so collected to the Courtissuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government
may specify in this behalf.
(3) Every statement recorded or document or thing received under sub-section ( 1)
shall be deemed to be the evidence collected during the course of investigation under thisSanhita.
113. (1) Upon receipt of a letter of request from a Court or an authority in a country or
place outside India competent to issue such letter in that country or place for the examinationof any person or production of any document or thing in relation to an offence underinvestigation in that country or place, the Central Government may, if it thinks fit—
(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he
may appoint in this behalf, who shall thereupon summon the person before him andrecord his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon
investigate into the offence in the same manner,
as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section ( 1), or authenticated copies
thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, asthe case may be, to the Central Government for transmission to the Court or the authorityissuing the letter of request, in such manner as the Central Government may deem fit.
114. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant
for arrest of any person to attend or produce a document or other thing issued by it shall beexecuted in any place in a contracting State, it shall send such warrant in duplicate in suchform to such Court, Judge or Magistrate through such authority, as the Central Governmentmay, by notification, specify in this behalf and that Court, Judge or Magistrate, as the casemay be, shall cause the same to be executed.
(2) If , in the course of an investigation or any inquiry into an offence, an application
is made by the investigating officer or any officer superior in rank to the investigatingofficer that the attendance of a person who is in any place in a contracting State is requiredin connection with such investigation or inquiry and the Court is satisfied that suchattendance is so required, it shall issue a summons or warrant, in duplicate, against the saidLetter ofrequest tocompetentauthority forinvestigationin a countryor placeoutside India.
Letter of
request from acountry orplace outsideIndia to aCourt or anauthority forinvestigationin India.
Assistance in
securingtransfer ofpersons.
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person to such Court, Judge or Magistrate, in such form as the Central Government may, by
notification, specify in this behalf, to cause the same to be served or executed.
(3) Where a Court in India, in relation to a criminal matter, has received a warrant for
arrest of any person requiring him to attend or attend and produce a document or otherthing in that Court or before any other investigating agency, issued by a Court, Judge orMagistrate in a contracting State, the same shall be executed as if it is the warrant receivedby it from another Court in India for execution within its local limits.
(4) Where a person transferred to a contracting State pursuant to sub-section ( 3) is a
prisoner in India, the Court in India or the Central Government may impose such conditionsas that Court or Government deems fit.
(5) Where the person transferred to India pursuant to sub-section ( 1) or
sub-section ( 2) is a prisoner in a contracting State, the Court in India shall ensure that the
conditions subject to which the prisoner is transferred to India are complied with and suchprisoner shall be kept in such custody subject to such conditions as the Central Governmentmay direct in writing.
115. (1) Where a Court in India has reasonable grounds to believe that any property
obtained by any person is derived or obtained, directly or indirectly, by such person fromthe commission of an offence, it may make an order of attachment or forfeiture of suchproperty, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).
(2) Where the Court has made an order for attachment or forfeiture of any property
under sub-section ( 1), and such property is suspected to be in a contracting State, the
Court may issue a letter of request to a Court or an authority in the contracting State forexecution of such order.
(3) Where a letter of request is received by the Central Government from a Court or an
authority in a contracting State requesting attachment or forfeiture of the property in India,derived or obtained, directly or indirectly, by any person from the commission of an offencecommitted in that contracting State, the Central Government may forward such letter ofrequest to the Court, as it thinks fit, for execution in accordance with the provisions ofsections 116 to 122 (both inclusive) or, as the case may be, any other law for the time beingin force.
116. (1) The Court shall, under sub-section ( 1), or on receipt of a letter of request
under sub-section ( 3) of section 115, direct any police officer not below the rank of
Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
(2) The steps referred to in sub-section ( 1) may include any inquiry, investigation or
survey in respect of any person, place, property, assets, documents, books of account inany bank or public financial institutions or any other relevant matters.
(3) Any inquiry, investigation or survey referred to in sub-section ( 2) shall be carried
out by an officer mentioned in sub-section ( 1) in accordance with such directions issued by
the said Court in this behalf.
117. (1) Where any officer conducting an inquiry or investigation under section 116
has a reason to believe that any property in relation to which such inquiry or investigationis being conducted is likely to be concealed, transferred or dealt with in any manner whichwill result in disposal of such property, he may make an order for seizing such property andwhere it is not practicable to seize such property, he may make an order of attachmentdirecting that such property shall not be transferred or otherwise dealt with, except with theprior permission of the officer making such order, and a copy of such order shall be servedon the person concerned.
(2) Any order made under sub-section ( 1) shall have no effect unless the said order is
confirmed by an order of the said Court, within a period of thirty days of its being made.Assistance inrelation toorders ofattachment orforfeiture ofproperty.
Identifying
unlawfullyacquiredproperty.
Seizure or
attachment ofproperty.
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118. (1) The Court may appoint the District Magistrate of the area where the property
is situated, or any other officer that may be nominated by the District Magistrate, to perform
the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1 ) shall receive and manage the
property in relation to which the order has been made under sub-section ( 1) of section 117
or under section 120 in such manner and subject to such conditions as may be specified bythe Central Government.
(3) The Administrator shall also take such measures, as the Central Government may
direct, to dispose of the property which is forfeited to the Central Government.
119. (1) If as a result of the inquiry, investigation or survey under section 116, the
Court has reason to believe that all or any of such properties are proceeds of crime, it mayserve a notice upon such person (hereinafter referred to as the person affected) callingupon him within a period of thirty days specified in the notice to indicate the source ofincome, earnings or assets, out of which or by means of which he has acquired suchproperty, the evidence on which he relies and other relevant information and particulars,and to show cause why all or any of such properties, as the case may be, should not bedeclared to be proceeds of crime and forfeited to the Central Government.
(2) Where a notice under sub-section ( 1) to any person specifies any property as
being held on behalf of such person by any other person, a copy of the notice shall also beserved upon such other person.
120. (1) The Court may, after considering the explanation, if any, to the show-cause
notice issued under section 119 and the material available before it and after giving to theperson affected (and in a case where the person affected holds any property specified in thenotice through any other person, to such other person also) a reasonable opportunity ofbeing heard, by order, record a finding whether all or any of the properties in question areproceeds of crime:
Provided that if the person affected (and in a case where the person affected holds
any property specified in the notice through any other person such other person also) doesnot appear before the Court or represent his case before it within a period of thirty daysspecified in the show-cause notice, the Court may proceed to record a finding under thissub-section ex parte on the basis of evidence available before it.
(2) Where the Court is satisfied that some of the properties referred to in the
show-cause notice are proceeds of crime but it is not possible to identify specifically suchproperties, then, it shall be lawful for the Court to specify the properties which, to thebest of its judgment, are proceeds of crime and record a finding accordingly undersub-section ( 1).
(3) Where the Court records a finding under this section to the effect that any property
is proceeds of crime, such property shall stand forfeited to the Central Government freefrom all encumbrances.
(4) Where any shares in a company stand forfeited to the Central Government under
this section, then, the company shall, notwithstanding anything contained in the CompaniesAct, 2013 or the Articles of Association of the company, forthwith register the CentralGovernment as the transferee of such shares.
121. (1) Where the Court makes a declaration that any property stands forfeited to
the Central Government under section 120 and it is a case where the source of only a part ofsuch property has not been proved to the satisfaction of the Court, it shall make an ordergiving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market
value of such part.
(2) Before making an order imposing a fine under sub-section ( 1), the person affected
shall be given a reasonable opportunity of being heard.Managementof propertiesseized orforfeited underthis Chapter.
Notice of
forfeiture ofproperty.
Forfeiture of
property incertain cases.
Fine in lieu of
forfeiture.18 of 2013.
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(3) Where the person affected pays the fine due under sub-section ( 1), within such
time as may be allowed in that behalf, the Court may, by order, revoke the declaration of
forfeiture under section 120 and thereupon such property shall stand released.
122. Where after the making of an order und er sub-section ( 1) of section 117 or the
issue of a notice under section 119, any property referred to in the said order or notice is
transferred by any mode whatsoever such transfers shall, for the purposes of the
proceedings under this Chapter, be ignored and if such property is subsequently forfeited
to the Central
Government under section 120, then, the transfer of such property shall be
deemed to be null and void.
123. Every letter of request, summons or warrant, received by the Central Government
from, and every letter of request, summons or warrant, to be tr
ansmitted to a contracting
State under this Chapter shall be transmitted
to a contracting State or, as the case may be,
sent to the concerned Court in India in such form and in such manner as the Central
Government may, by notification, specify in this behalf.
124. The Central Government may , by notification in the Official Gazette, direct that
the application of this Chapter in relation to a contracting State with which reciprocal
arrangements have been made, shall be subject to such conditions, exceptions or
qualifications as are specified
in the said notification.
CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
125. (1) When a Court of Session or Court of a Magistrate of the first class convicts
a person of any of the offences specified in sub-section ( 2) or of abetting any such offence
and is of opinion that it is necessary to take security from such person for keeping the
peace, the Court may, at the time of passing sentence on such person, order him to execute
a bon d or bail bon d, for keeping the peace for such period, not exceeding three years, as it
thinks fit.
(2) The offences referred to in sub-section ( 1) are—
(a) any offence punishable under Chapter XI of the Bharatiya Nyaya
Sanhita, 2023, other than an offence punishable under sub-section ( 1) of section 193
or section 196 or section 197 thereof;
(b) any offence which consists of, or includes, assault or using criminal force or
committing mischief;
(c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended or known to be likely to
cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so
executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court
when exercising its powers of revision.
126. (1) When an Executive Magistrate receives information that any person is likely
to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act
that may probably occasion a breach of the peace or disturb the public tranquillity and is ofopinion that there is sufficient ground for proceeding, he may, in the manner hereinafterprovided, require such person to show cause why he should not be ordered to execute abond or bail bond for keeping the peace for such period, not exceeding one year, as theMagistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate
when either the place where the breach of the peace or disturbance is apprehended is withinCertaintransfers to be
null and void.
Procedure inrespect ofletter ofrequest.
Application of
this Chapter.
Security for
keeping peaceon conviction.
Security for
keeping peacein other cases.
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his local jurisdiction or there is within such jurisdiction a person who is likely to commit a
breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaidbeyond such jurisdiction.
127. (1) When an Executive Magistrate receives information that there is within his
local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates
or attempts to disseminate or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 152 or
section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or
(b) any matter concerning a Judge acting or purporting to act in the
discharge of his official duties which amounts to criminal intimidation ordefamation under the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys,
sells, lets to hire, distributes, publicly exhibits or in any other manner puts into
circulation any obscene matter such as is referred to in section 294 of the BharatiyaNyaya Sanhita, 2023,
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistratemay, in the manner hereinafter provided, require such person to show cause why he shouldnot be ordered to execute a bond or bail bond, for his good behaviour for such period, notexceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor,
printer or publisher of any publication registered under, and edited, printed and publishedin conformity with, the rules laid down in the Press and Registration of Books Act, 1867 withreference to any matter contained in such publication except by the order or under theauthority of the State Government or some officer empowered by the State Government inthis behalf.
128. When an Executive Magistrate receives information that there is within his local
jurisdiction a person taking precautions to conceal his presence and that there is reason tobelieve that he is doing so with a view to committing a cognizable offence, the Magistratemay, in the manner hereinafter provided, require such person to show cause why he shouldnot be ordered to execute a bond or bail bond for his good behaviour for such period, notexceeding one year, as the Magistrate thinks fit.
129. When an Executive Magistrate receives information that there is within his local
jurisdiction a person who—
(a) is by habit a robber, house-breaker, thief, or forger; or
(b) is by habit a receiver of stolen property knowing the same to have been
stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal
of stolen property; or
(d) habitually commits, or attempts to commit, or abets the commission of, the
offence of kidnapping, abduction, extortion, cheating or mischief, or any offencepunishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or undersection 178, section 179, section 180 or section 181 of that Sanhita; or
(e) habitually commits, or attempts to commit, or abets the commission of,
offences, involving a breach of the peace; or
(f) habitually commits, or attempts to commit, or abets the commission of—Security forgoodbehaviourfrom personsdisseminatingcertainmatters.
Security for
goodbehaviourfromsuspectedpersons.
Security for
goodbehaviourfrom habitualoffenders.25 of 1867.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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(i) any offence under one or more of the following Acts, namely:—
(a) the Drugs and Cosmetics Act, 1940;
(b) the Foreigners Act, 1946;
(c) the Employees' Provident Fund and Miscellaneous Provisions
Act, 1952;
(d) the Essential Commodities Act, 1955;
(e) the Protection of Civil Rights Act, 1955;
(f) the Customs Act, 1962;
(g) the Food Safety and Standards Act, 2006; or
(ii) any offence punishable under any other law providing for the
prevention of hoarding or profiteering or of adulteration of food or drugs or of
corruption; or
(g) is so desperate and dangerous as to render his being at large without
security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require such person to show
cause why he should not be ordered to execute a bail bond, for his good behaviour for suchperiod, not exceeding three years, as the Magistrate thinks fit.
130. When a Magistrate acting under section 126, section 127, section 128 or
section 129, deems it necessary to require any person to show cause under such section, heshall make an order in writing, setting forth the substance of the information received, theamount of the bond to be executed, the term for which it is to be in force and the number ofsureties, after considering the sufficiency and fitness of sureties.
131. If the person in respect of whom such order is made is present in Court, it shall
be read over to him, or, if he so desires, the substance thereof shall be explained to him.
132. If such person is not present in Court, the Magistrate shall issue a summons
requiring him to appear, or, when such person is in custody, a warrant directing the officerin whose custody he is to bring him before the Court:
Provided that whenever it appears to such Magistrate, upon the report of a police
officer or upon other information (the substance of which report or information shall berecorded by the Magistrate), that there is reason to fear the commission of a breach of thepeace, and that such breach of the peace cannot be prevented otherwise than by theimmediate arrest of such person, the Magistrate may at any time issue a warrant for hisarrest.
133. Every summons or warrant issued under section 132 shall be accompanied by a
copy of the order made under section 130, and such copy shall be delivered by the officerserving or executing such summons or warrant to the person served with, or arrested under,the same.
134. The Magistrate may, if he sees sufficient cause, dispense with the personal
attendance of any person called upon to show cause why he should not be ordered toexecute a bond for keeping the peace or for good behaviour and may permit him to appearby an advocate.
135. (1) When an order under section 130 has been read or explained under
section 131 to a person present in Court, or when any person appears or is brought beforea Magistrate in compliance with, or in execution of, a summons or warrant, issued undersection 132, the Magistrate shall proceed to inquire into the truth of the information uponwhich action has been taken, and to take such further evidence as may appear necessary.23 of 1940.
34 of 2006.19 of 1952.
10 of 1955.
22 of 1955.
52 of 1962.31 of 1946.
Order to be
made.
Procedure in
respect ofperson presentin Court.
Summons or
warrant incase of personnot sopresent.
Copy of order
to accompanysummons orwarrant.
Power to
dispense withpersonalattendance.
Inquiry as to
truth ofinformation.
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(2) Such inquiry shall be made, as nearly as may be practicable, in the manner
hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under
sub-section ( 1), the Magistrate, if he considers that immediate measures are necessary for
the prevention of a breach of the peace or disturbance of the public tranquillity or the
commission of any offence or for the public safety, may, for reasons to be recorded inwriting, direct the person in respect of whom the order under section 130 has been made toexecute a bond or bail bond, for keeping the peace or maintaining good behaviour until theconclusion of the inquiry, and may detain him in custody until such bond or bail bond isexecuted or, in default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 127,
section 128, or section 129 shall be directed to execute a bond or bail bond formaintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the
provision of sureties or the number thereof or the pecuniary extent of their liability,shall not be more onerous than those specified in the order under section 130.
(4) For the purposes of this section the fact that a person is a habitual offender or is
so desperate and dangerous as to render his being at large without security hazardous to
the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under
inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shallthink just.
(6) The inquiry under this section shall be completed within a period of six months
from the date of its commencement, and if such inquiry is not so completed, the proceedingsunder this Chapter shall, on the expiry of the said period, stand terminated unless, forspecial reasons to be recorded in writing, the Magistrate otherwise directs:
Provided that where any person has been kept in detention pending such inquiry, the
proceeding against that person, unless terminated earlier, shall stand terminated on theexpiry of a period of six months of such detention.
(7) Where any direction is made under sub-section ( 6) permitting the continuance of
proceedings, the Sessions Judge may, on an application made to him by the aggrievedparty, vacate such direction if he is satisfied that it was not based on any special reason orwas perverse.
136. If, upon such inquiry, it is proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be, that the person in respect of whom theinquiry is made should execute a bond or bail bond, the Magistrate shall make an orderaccordingly:
Provided that—
(a) no person shall be ordered to give security of a nature different from, or of
an amount larger than, or for a period longer than, that specified in the order madeunder section 130;
(b) the amount of every bond or bail bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a child, the bond
shall be executed only by his sureties.
137. If, on an inquiry under section 135, it is not proved that it is necessary for
keeping the peace or maintaining good behaviour, as the case may be, that the person in
respect of whom the inquiry is made, should execute a bond, the Magistrate shall make anOrder to givesecurity.
Discharge of
personinformedagainst.
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THE GAZETTE OF INDIA EXTRAORDINARY
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entry on the record to that effect, and if such person is in custody only for the purposes of
the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
138. (1) If any person, in respect of whom an order requiring security is made under
section 125 or section 136, is at the time such order is made, sentenced to, or undergoing asentence of, imprisonment, the period for which such security is required shall commenceon the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the
Magistrate, for sufficient reason, fixes a later date.
139. The bond or bail bond to be executed by any such person shall bind him to keep
the peace or to be of good behaviour, as the case may be, and in the latter case the commissionor attempt to commit, or the abetment of, any offence punishable with imprisonment, whereverit may be committed, is a breach of the bond or bail bond.
140. (1) A Magistrate may refuse to accept any surety offered, or may reject any
surety previously accepted by him or his predecessor under this Chapter on the groundthat such surety is an unfit person for the purposes of the bail bond:
Provided that before so refusing to accept or rejecting any such surety, he shall either
himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to beheld and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the
surety and to the person by whom the surety was offered and shall, in making the inquiry,record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either
before him or before a Magistrate deputed under sub-section ( 1), and the report of such
Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, heshall make an order refusing to accept or rejecting, as the case may be, such surety andrecording his reasons for so doing:
Provided that before making an order rejecting any surety who has previously been
accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause theperson for whom the surety is bound to appear or to be brought before him.
141. (1) (a) If any person ordered to give security under section 125 or section 136
does not give such security on or before the date on which the period for which suchsecurity is to be given commences, he shall, except in the case next hereinafter mentioned,be committed to prison, or, if he is already in prison, be detained in prison until such periodexpires or until within such period he gives the security to the Court or Magistrate whomade the order requiring it;
(b) if any person after having executed a bond or bail bond for keeping the peace in
pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction ofsuch Magistrate or his successor-in-office, to have committed breach of the bond or bailbond, such Magistrate or successor-in-office may, after recording the grounds of suchproof, order that the person be arrested and detained in prison until the expiry of the periodof the bond or bail bond and such order shall be without prejudice to any other punishmentor forfeiture to which the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period
exceeding one year, such Magistrate shall, if such person does not give such security asaforesaid, issue a warrant directing him to be detained in prison pending the orders of theSessions Judge and the proceedings shall be laid, as soon as conveniently may be, beforesuch Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate
any further information or evidence which it thinks necessary, and after giving the concernedCommencementof period forwhich securityis required.
Contents of
bond.
Power to
reject sureties.
Imprisonment
in default ofsecurity.
THE GAZETTE OF INDIA EXTRAORDINARY
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person a reasonable opportunity of being heard, may pass such order on the case as it
thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give
security shall not exceed three years.
(4) If security has been required in the course of the same proceeding from two or
more persons in respect of any one of whom the proceedings are referred to the SessionsJudge under sub-section ( 2) such reference shall also include the case of any other of such
persons who has been ordered to give security, and the provisions of sub-sections ( 2)
and ( 3) shall, in that event, apply to the case of such other person also, except that the
period (if any) for which he may be imprisoned, shall not exceed the period for which he wasordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him
under sub-section ( 2) or sub-section ( 4) to an Additional Sessions Judge and upon such
transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judgeunder this section in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer
the matter to the Court or Magistrate who made the order, and shall await the orders of suchCourt or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
(8) Imprisonment for failure to give security for good behaviour shall, where the
proceedings have been taken under section 127, be simple, and, where the proceedingshave been taken under section 128 or section 129, be rigorous or simple as the Court orMagistrate in each case directs.
142. (1) Whenever the District Magistrate in the case of an order passed by an
Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other caseis of opinion that any person imprisoned for failing to give security under this Chapter maybe released without hazard to the community or to any other person, he may order suchperson to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this
Chapter, the High Court or Court of Session, or, where the order was made by any otherCourt, District Magistrate, in the case of an order passed by an Executive Magistrate undersection 136, or the Chief Judicial Magistrate in any other case, may make an order reducingthe amount of the security or the number of sureties or the time for which security has beenrequired.
(3) An order under sub-section ( 1) may direct the discharge of such person either
without conditions or upon any conditions which such person accepts:
Provided that any condition imposed shall cease to be operative when the period for
which such person was ordered to give security has expired.
(4) The State Government may prescribe, by rules, the conditions upon which a
conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of
District Magistrate, in the case of an order passed by an Executive Magistrate undersection 136, or the Chief Judicial Magistrate in any other case by whom the order of dischargewas made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section ( 5),
such person may be arrested by any police officer without warrant, and shall thereupon beproduced before the District Magistrate, in the case of an order passed by an ExecutiveMagistrate under section 136, or the Chief Judicial Magistrate in any other case.Power toreleasepersonsimprisoned forfailing to givesecurity.
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THE GAZETTE OF INDIA EXTRAORDINARY
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(7) Unless such person gives security in accordance with the terms of the original
order for the unexpired portion of the term for which he was in the first instance committed
or ordered to be detained (such portion being deemed to be a period equal to the periodbetween the date of the breach of the conditions of discharge and the date on which, exceptfor such conditional discharge, he would have been entitled to release), District Magistrate,in the case of an order passed by an Executive Magistrate under section 136, or the ChiefJudicial Magistrate in any other case may remand such person to prison to undergo suchunexpired portion.
(8) A person remanded to prison under sub-section ( 7) shall, subject to the provisions
of section 141, be released at any time on giving security in accordance with the terms of theoriginal order for the unexpired portion aforesaid to the Court or Magistrate by whom suchorder was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be
recorded in writing, cancel any bond for keeping the peace or for good behaviour executedunder this Chapter by any order made by it, and District Magistrate, in the case of an orderpassed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate inany other case may make such cancellation where such bond was executed under his orderor under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person
ordered to execute a bond under this Chapter may at any time apply to the Court makingsuch order to cancel the bond and on such application being made, the Court shall issue asummons or warrant, as it thinks fit, requiring the person for whom such surety is bound toappear or to be brought before it.
143. (1) When a person for whose appearance a summons or warrant has been issued
under the proviso to sub-section ( 3) of section 140 or under sub-section ( 10) of section 142,
appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancelthe bond or bail bond executed by such person and shall order such person to give, for theunexpired portion of the term of such bond, fresh security of the same description as theoriginal security.
(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be
deemed to be an order made under section 125 or section 136, as the case may be.
CHAPTER X
O
RDER FOR MAINTENANCE OF WIVES , CHILDREN AND PARENTS
144. (1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain
itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has
attained majority, where such child is, by reason of any physical or mental abnormalityor injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such personto make a monthly allowance for the maintenance of his wife or such child, father or mother,at such monthly rate as such Magistrate thinks fit and to pay the same to such person as theMagistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in
clause ( b) to make such allowance, until she attains her majority, if the Magistrate is satisfied
that the husband of such female child, if married, is not possessed of sufficient means:Security forunexpiredperiod ofbond.
Order for
maintenanceof wives,children andparents.
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Provided further that the Magistrate may, during the pendency of the proceeding
regarding monthly allowance for the maintenance under this sub-section, order such person
to make a monthly allowance for the interim maintenance of his wife or such child, father ormother, and the expenses of such proceeding which the Magistrate considers reasonable,and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance
and expenses of proceeding under the second proviso shall, as far as possible, be disposedof within sixty days from the date of the service of notice of the application to such person.
Explanation .—For the purposes of this Chapter, "wife" includes a woman who has
been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of
proceeding shall be payable from the date of the order, or, if so ordered, from the date of theapplication for maintenance or interim maintenance and expenses of proceeding, as thecase may be.
(3) If any person so ordered fails without sufficient cause to comply with the order,
any such Magistrate may, for every breach of the order, issue a warrant for levying theamount due in the manner provided for levying fines, and may sentence such person, forthe whole or any part of each month's allowance for the maintenance or the interimmaintenance and expenses of proceeding, as the case may be, remaining unpaid after theexecution of the warrant, to imprisonment for a term which may extend to one month or untilpayment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under
this section unless application be made to the Court to levy such amount within a period ofone year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her
living with him, and she refuses to live with him, such Magistrate may consider any groundsof refusal stated by her, and may make an order under this section notwithstanding suchoffer, if he is satisfied that there is just ground for so doing.
Explanation .—If a husband has contracted marriage with another woman or keeps a
mistress, it shall be considered to be just ground for his wife's refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim
maintenance and expenses of proceeding, from her husband under this section if she isliving in adultery, or if, without any sufficient reason, she refuses to live with her husband,or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section
is living in adultery, or that without sufficient reason she refuses to live with her husband,or that they are living separately by mutual consent, the Magistrate shall cancel the order.
145. (1) Proceedings under section 144 may be taken against any person in any
district—
(a) where he is; or
(b) where he or his wife resides; or
(c) where he last resided with his wife, or as the case may be, with the mother of
the illegitimate child; or
(d) where his father or mother resides.
Procedure.
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THE GAZETTE OF INDIA EXTRAORDINARY
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(2) All evidence in such proceedings shall be taken in the presence of the person
against whom an order for payment of maintenance is proposed to be made, or, when his
personal attendance is dispensed with, in the presence of his advocate, and shall be recordedin the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for
payment of maintenance is proposed to be made is wilfully avoiding service, or wilfullyneglecting to attend the Court, the Magistrate may proceed to hear and determine thecase ex parte and any order so made may be set aside for good cause shown on an
application made within three months from the date thereof subject to such terms includingterms as to payment of costs to the opposite party as the Magistrate may think just andproper.
(3) The Court in dealing with applications under section 144 shall have power to make
such order as to costs as may be just.
146. (1) On proof of a change in the circumstances of any person, receiving, under
section 144 a monthly allowance for the maintenance or interim maintenance, or orderedunder the same section to pay a monthly allowance for the maintenance, or interimmaintenance, to his wife, child, father or mother, as the case may be, the Magistrate maymake such alteration, as he thinks fit, in the allowance for the maintenance or the interimmaintenance, as the case may be.
(2) Where it appears to the Magistrate that in consequence of any decision of a
competent Civil Court, any order made under section 144 should be cancelled or varied, heshall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 144 in favour of a woman who has
been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he issatisfied that—
(a) the woman has, after the date of such divorce, remarried, cancel such order
as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received,
whether before or after the date of the said order, the whole of the sum which, underany customary or personal law applicable to the parties, was payable on such divorce,cancel such order,—
(i) in the case where such sum was paid before such order, from the date
on which such order was made;
(ii) in any other case, from the date of expiry of the period, if any, for
which maintenance has been actually paid by the husband to the woman;
(c) the woman has obtained a divorce from her husband and that she had
voluntarily surrendered her rights to maintenance or interim maintenance, as the case
may be, after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by
any person, to whom a monthly allowance for the maintenance and interim maintenance or
any of them has been ordered to be paid under section 144, the Civil Court shall take intoaccount the sum which has been paid to, or recovered by, such person as monthly allowancefor the maintenance and interim maintenance or any of them, as the case may be, in pursuanceof the said order.
147. A copy of the order of maintenance or interim maintenance and expenses of
proceedings, as the case may be, shall be given without payment to the person in whosefavour it is made, or to his guardian, if any, or to the person to whom the allowance for themaintenance or the allowance for the interim maintenance and expenses of proceeding, asthe case may be, is to be paid; and such order may be enforced by any Magistrate in anyAlteration inallowance.
Enforcement
of order ofmaintenance.
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place where the person against whom it is made may be, on such Magistrate being satisfied
as to the identity of the parties and the non-payment of the allowance, or as the case maybe, expenses, due.
CHAPTER XI
M
AINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.—Unlawful assemblies
148. (1) Any Executive Magistrate or officer in charge of a police station or, in the
absence of such officer in charge, any police officer, not below the rank of a sub-inspector,may command any unlawful assembly, or any assembly of five or more persons likely tocause a disturbance of the public peace, to disperse; and it shall thereupon be the duty ofthe members of such assembly to disperse accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without
being so commanded, it conducts itself in such a manner as to show a determination not todisperse, any Executive Magistrate or police officer referred to in sub-section ( 1), may
proceed to disperse such assembly by force, and may require the assistance of any person,not being an officer or member of the armed forces and acting as such, for the purpose ofdispersing such assembly, and, if necessary, arresting and confining the persons who formpart of it, in order to disperse such assembly or that they may be punished according to law.
149. (1) If any assembly referred to in sub-section ( 1) of section 148 cannot otherwise
be dispersed, and it is necessary for the public security that it should be dispersed, theDistrict Magistrate or any other Executive Magistrate authorised by him, who is present,may cause it to be dispersed by the armed forces.
(2) Such Magistrate may require any officer in command of any group of persons
belonging to the armed forces to disperse the assembly with the help of the armed forcesunder his command, and to arrest and confine such persons forming part of it as theExecutive Magistrate may direct, or as it may be necessary to arrest and confine in order todisperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use as little force, and do as little injury to personand property, as may be consistent with dispersing the assembly and arresting and detainingsuch persons.
150. When the public security is manifestly endangered by any such assembly and
no Executive Magistrate can be communicated with, any commissioned or gazetted officerof the armed forces may disperse such assembly with the help of the armed forces under hiscommand, and may arrest and confine any persons forming part of it, in order to dispersesuch assembly or that they may be punished according to law; but if, while he is actingunder this section, it becomes practicable for him to communicate with an ExecutiveMagistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate,as to whether he shall or shall not continue such action.
151. (1) No prosecution against any person for any act purporting to be done under
section 148, section 149 or section 150 shall be instituted in any Criminal Court except—
(a) with the sanction of the Central Government where such person is an officer
or member of the armed forces;
(b) with the sanction of the State Government in any other case.
(2) (a) No Executive Magistrate or police officer acting under any of the said sections
in good faith;Dispersal ofassembly byuse of civilforce.
Use of armed
forces todisperseassembly.
Power of
certain armedforce officersto disperseassembly.
Protection
againstprosecutionfor acts doneunder sections148, 149 and150.
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(b) no person doing any act in good faith in compliance with a requisition under
section 148 or section 149;
(c) no officer of the armed forces acting under section 150 in good faith;
(d) no member of the armed forces doing any act in obedience to any order which he
was bound to obey,
shall be deemed to have thereby committed an offence.
(3) In this section and in the preceding sections of this Chapter,—
(a) the expression "armed forces" means the army, naval and air forces, operating
as land forces and includes any other armed forces of the Union so operating;
(b) "officer", in relation to the armed forces, means a person commissioned,
gazetted or in pay as an officer of the armed forces and includes a junior commissioned
officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazettedofficer;
(c) "member", in relation to the armed forces, means a person in the armed
forces other than an officer.
B.—Public nuisances
152. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other
Executive Magistrate specially empowered in this behalf by the State Government, onreceiving the report of a police officer or other information and on taking such evidence(if any) as he thinks fit, considers—
(a) that any unlawful obstruction or nuisance should be removed from any
public place or from any way, river or channel which is or may be lawfully used by the
public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community, and that
in consequence such trade or occupation should be prohibited or regulated or suchgoods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as
is likely to occasion conflagration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it
is likely to fall and thereby cause injury to persons living or carrying on business inthe neighbourhood or passing by, and that in consequence the removal, repair or
support of such building, tent or structure, or the removal or support of such tree, is
necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place
should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise
disposed of,
such Magistrate may make a conditional order requiring the person causing such obstructionor nuisance, or carrying on such trade or occupation, or keeping any such goods ormerchandise, or owning, possessing or controlling such building, tent, structure, substance,Conditional
order forremoval ofnuisance.
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tank, well or excavation, or owning or possessing such animal or tree, within a time to be
fixed in the order—
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may
be directed, such trade or occupation, or to remove such goods or merchandise, or to
regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal
of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or
support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner
provided in the said order,
or, if he objects so to do, to appear before himself or some other Executive Magistratesubordinate to him at a time and place to be fixed by the order, and show cause, in themanner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question
in any Civil Court.
Explanation .—A "public place" includes also property belonging to the State,
camping grounds and grounds left unoccupied for sanitary or recreative purposes.
153. (1) The order shall, if practicable, be served on the person against whom it is
made, in the manner herein provided for service of summons.
(2) If such order cannot be so served, it shall be notified by proclamation published in
such manner as the State Government may, by rules, direct, and a copy thereof shall bestuck up at such place or places as may be fittest for conveying the information to suchperson.
154. The person against whom such order is made shall—
(a) perform, within the time and in the manner specified in the order, the act
directed thereby; or
(b) appear in accordance with such order and show cause against the same;
and such appearance or hearing may be permitted through audio-video conferencing.
155. If the person against whom an order is made under section 154 does not perform
such act or appear and show cause, he shall be liable to the penalty specified in that behalf
in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.
156. (1) Where an order is made under section 152 for the purpose of preventing
obstruction, nuisance or danger to the public in the use of any way, river, channel or place,the Magistrate shall, on the appearance before him of the person against whom the orderwas made, question him as to whether he denies the existence of any public right in respectof the way, river, channel or place, and if he does so, the Magistrate shall, before proceedingunder section 157, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support
of such denial, he shall stay the proceedings until the matter of the existence of such righthas been decided by a competent Court; and, if he finds that there is no such evidence, heshall proceed as laid down in section 157.
(3) A person who has, on being questioned by the Magistrate under sub-section ( 1),Service ornotification oforder.
Person to
whom order isaddressed toobey or showcause.
Penalty for
failure tocomply withsection 154.
Procedure
whereexistence ofpublic right isdenied.
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failed to deny the existence of a public right of the nature therein referred to, or who, having
made such denial, has failed to adduce reliable evidence in support thereof, shall not in thesubsequent proceedings be permitted to make any such denial.
157. (1) If the person against whom an order under section 152 is made appears and
shows cause against the order, the Magistrate shall take evidence in the matter as in asummons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to
such modification as he considers necessary, is reasonable and proper, the order shall bemade absolute without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the
case:
Provided that the proceedings under this section shall be completed, as soon as
possible, within a period of ninety days, which may be extended for the reasons to berecorded in writing, to one hundred and twenty days.
158. The Magistrate may, for the purposes of an inquiry under section 156 or
section 157—
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.
159. (1) Where the Magistrate directs a local investigation by any person under
section 158, the Magistrate may—
(a) furnish such person with such written instructions as may seem necessary
for his guidance;
(b) declare by whom the whole or any part of the necessary expenses of the
local investigation shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section 158, the
Magistrate may direct by whom the costs of such summoning and examination shall be
paid.
160. (1) When an order has been made absolute under section 155 or section 157, the
Magistrate shall give notice of the same to the person against whom the order was made,and shall further require him to perform the act directed by the order within the time to befixed in the notice, and inform him that, in case of disobedience, he shall be liable to thepenalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be
performed, and may recover the costs of performing it, either by the sale of any building,goods or other property removed by his order, or by the distress and sale of any othermovable property of such person within or without such Magistrate's local jurisdiction, andif such other property is without such jurisdiction, the order shall authorise its attachmentand sale when endorsed by the Magistrate within whose local jurisdiction the property tobe attached is found.
(3) No suit shall lie in respect of anything done in good faith under this section.
161. (1) If a Magistrate making an order under section 152 considers that immediate
measures should be taken to prevent imminent danger or injury of a serious kind to thepublic, he may issue such an injunction to the person against whom the order was made, asis required to obviate or prevent such danger or injury pending the determination of thematter.Procedurewhere personagainst whomorder is madeunder section152 appearsto show cause.
Power of
Magistrate todirect localinvestigationandexaminationof an expert.
Power of
Magistrate tofurnish writteninstructions,etc.
Procedure on
order beingmade absoluteandconsequencesofdisobedience.
Injunction
pendinginquiry.
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(2) In default of such person forthwith obeying such injunction, the Magistrate may
himself use, or cause to be used, such means as he thinks fit to obviate such danger or to
prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under
this section.
162. A District Magistrate or Sub-divisional Magistrate, or any other Executive
Magistrate or Deputy Commissioner of Police empowered by the State Government or theDistrict Magistrate in this behalf, may order any person not to repeat or continue a publicnuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.
C.—Urgent cases of nuisance or apprehended danger
163. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate specially empowered by the State Governmentin this behalf, there is sufficient ground for proceeding under this section and immediateprevention or speedy remedy is desirable, such Magistrate may, by a written order statingthe material facts of the case and served in the manner provided by section 153, direct anyperson to abstain from a certain act or to take certain order with respect to certain propertyin his possession or under his management, if such Magistrate considers that such directionis likely to prevent, or tends to prevent, obstruction, annoyance or injury to any personlawfully employed, or danger to human life, health or safety or a disturbance of the publictranquillity, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the
circumstances do not admit of the serving in due time of a notice upon the person againstwhom the order is directed, be passed ex parte .
(3) An order under this section may be directed to a particular individual, or to persons
residing in a particular place or area, or to the public generally when frequenting or visitinga particular place or area.
(4) No order under this section shall remain in force for more than two months from
the making thereof:
Provided that if the State Government considers it necessary so to do for preventing
danger to human life, health or safety or for preventing a riot or any affray, it may, bynotification, direct that an order made by a Magistrate under this section shall remain inforce for such further period not exceeding six months from the date on which the ordermade by the Magistrate would have, but for such order, expired, as it may specify in the saidnotification.
(5) Any Magistrate may, either on his own motion or on the application of any person
aggrieved, rescind or alter any order made under this section by himself or any Magistratesubordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any
person aggrieved, rescind or alter any order made by it under the proviso to sub-section ( 4).
(7) Where an application under sub-section ( 5) or sub-section ( 6) is received, the
Magistrate, or the State Government, as the case may be, shall afford to the applicant anearly opportunity of appearing before him or it, either in person or by an advocate andshowing cause against the order; and if the Magistrate or the State Government, as the casemay be, rejects the application wholly or in part, he or it shall record in writing the reasonsfor so doing.
D.—Disputes as to immovable property
164. (1) Whenever an Executive Magistrate is satisfied from a report of a police
officer or upon other information that a dispute likely to cause a breach of the peace existsconcerning any land or water or the boundaries thereof, within his local jurisdiction, heshall make an order in writing, stating the grounds of his being so satisfied, and requiringthe parties concerned in such dispute to attend his Court in person or by an advocate on aMagistratemay prohibitrepetition orcontinuanceof publicnuisance.
Power to issue
order in urgentcases ofnuisance orapprehendeddanger.
Procedure
where disputeconcerningland or wateris likely tocause breachof peace.
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specified date and time, and to put in written statements of their respective claims as
respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section, the expression "land or water" includes buildings,
markets, fisheries, crops or other produce of land, and the rents or profits of any suchproperty.
(3) A copy of the order shall be served in the manner provided by this Sanhita for the
service of summons upon such person or persons as the Magistrate may direct, and at leastone copy shall be published by being affixed to some conspicuous place at or near thesubject of dispute.
(4) The Magistrate shall, without reference to the merits or the claims of any of the
parties to a right to possess the subject of dispute, peruse the statements so put in, hear theparties, receive all such evidence as may be produced by them, take such further evidence,if any, as he thinks necessary, and, if possible, decide whether any and which of the partieswas, at the date of the order made by him under sub-section ( 1), in possession of the
subject of dispute:
Provided that if it appears to the Magistrate that any party has been forcibly and
wrongfully dispossessed within two months next before the date on which the report of apolice officer or other information was received by the Magistrate, or after that date andbefore the date of his order under sub-section ( 1), he may treat the party so dispossessed
as if that party had been in possession on the date of his order under sub-section ( 1).
(5) Nothing in this section shall preclude any party so required to attend, or any other
person interested, from showing that no such dispute as aforesaid exists or has existed; andin such case the Magistrate shall cancel his said order, and all further proceedings thereonshall be stayed, but, subject to such cancellation, the order of the Magistrate undersub-section ( 1) shall be final.
(6) (a) If the Magistrate decides that one of the parties was, or should under the
proviso to sub-section ( 4) be treated as being, in such possession of the said subject of
dispute, he shall issue an order declaring such party to be entitled to possession thereofuntil evicted therefrom in due course of law, and forbidding all disturbance of such possessionuntil such eviction; and when he proceeds under the proviso to sub-section ( 4), may
restore to possession the party forcibly and wrongfully dispossessed;
(b) the order made under this sub-section shall be served and published in the manner
laid down in sub-section ( 3).
(7) When any party to any such proceeding dies, the Magistrate may cause the legal
representative of the deceased party to be made a party to the proceeding and shall thereuponcontinue the inquiry, and if any question arises as to who the legal representative of adeceased party for the purposes of such proceeding is, all persons claiming to berepresentatives of the deceased party shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other produce of the property, the
subject of dispute in a proceeding under this section pending before him, is subject tospeedy and natural decay, he may make an order for the proper custody or sale of suchproperty, and, upon the completion of the inquiry, shall make such order for the disposal ofsuch property, or the sale-proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this
section, on the application of either party, issue a summons to any witness directing him to
attend or to produce any document or thing.
(10) Nothing in this section shall be deemed to be in derogation of powers of the
Magistrate to proceed under section 126.
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165. (1) If the Magistrate at any time after making the order under sub-section ( 1) of
section 164 considers the case to be one of emergency, or if he decides that none of the
parties was then in such possession as is referred to in section 164, or if he is unable tosatisfy himself as to which of them was then in such possession of the subject of dispute,he may attach the subject of dispute until a competent Court has determined the rights ofthe parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is
satisfied that there is no longer any likelihood of breach of the peace with regard to thesubject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in
relation to such subject of dispute has been appointed by any Civil Court, make sucharrangements as he considers proper for looking after the property or if he thinks fit,appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all thepowers of a receiver appointed under the Code of Civil Procedure, 1908:
Provided that in the event of a receiver being subsequently appointed in relation to
the subject of dispute by any Civil Court, the Magistrate—
(a) shall order the receiver appointed by him to hand over the possession of the
subject of dispute to the receiver appointed by the Civil Court and shall thereafterdischarge the receiver appointed by him;
(b) may make such other incidental or consequential orders as may be just.
166. (1) Whenever an Executive Magistrate is satisfied from the report of a police
officer or upon other information, that a dispute likely to cause a breach of the peace existsregarding any alleged right of user of any land or water within his local jurisdiction, whethersuch right be claimed as an easement or otherwise, he shall make an order in writing, statingthe grounds of his being so satisfied and requiring the parties concerned in such dispute toattend his Court in person or by an advocate on a specified date and time and to put inwritten statements of their respective claims.
Explanation .—For the purposes of this sub-section, the expression "land or water"
has the meaning given to it in sub-section ( 2) of section 164.
(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all
such evidence as may be produced by them respectively, consider the effect of suchevidence, take such further evidence, if any, as he thinks necessary and, if possible, decidewhether such right exists; and the provisions of section 164 shall, so far as may be, apply inthe case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make an order
prohibiting any interference with the exercise of such right, including, in a proper case, anorder for the removal of any obstruction in the exercise of any such right:
Provided that no such order shall be made where the right is exercisable at all times of
the year, unless such right has been exercised within three months next before the receiptunder sub-section ( 1) of the report of a police officer or other information leading to the
institution of the inquiry, or where the right is exercisable only at particular seasons or onparticular occasions, unless the right has been exercised during the last of such seasons oron the last of such occasions before such receipt.
(4) When in any proceedings commenced under sub-section ( 1) of section 164 the
Magistrate finds that the dispute is as regards an alleged right of user of land or water, hemay, after recording his reasons, continue with the proceedings as if they had beencommenced under sub-section ( 1), and when in any proceedings commenced under
sub-section ( 1) the Magistrate finds that the dispute should be dealt with under
section 164, he may, after recording his reasons, continue with the proceedings as if theyhad been commenced under sub-section ( 1) of section 164.Power toattach subjectof dispute andto appointreceiver.
Dispute
concerningright of use ofland or water.5 of 1908.
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167. (1) Whenever a local inquiry is necessary for the purposes of section 164,
section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute
any Magistrate subordinate to him to make the inquiry, and may furnish him with suchwritten instructions as may seem necessary for his guidance, and may declare by whom thewhole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under
section 164, section 165 or section 166, the Magistrate passing a decision may direct by
whom such costs shall be paid, whether by such party or by any other party to the proceeding,and whether in whole or in part or proportion and such costs may include any expenses
incurred in respect of witnesses and of advocates' fees, which the Court may consider
reasonable.
CHAPTER XII
P
REVENTIVE ACTION OF THE POLICE
168. Every police officer may interpose for the purpose of preventing, and shall, to
the best of his ability, prevent, the commission of any cognizable offence.
169. Every police officer receiving information of a design to commit any cognizable
offence shall communicate such information to the police officer to whom he is subordinate,
and to any other officer whose duty it is to prevent or take cognizance of the commission of
any such offence.
170. (1) A police officer knowing of a design to commit any cognizable offence may
arrest, without orders from a Magistrate and without a warrant, the person so designing, if
it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section ( 1) shall be detained in custody for a period
exceeding twenty-four hours from the time of his arrest unless his further detention is
required or authorised under any other provisions of this Sanhita or of any other law for the
time being in force.
171. A police officer may of his own authority interpose to prevent any injury attempted
to be committed in his view to any public property, movable or immovable, or the removal orinjury of any public landmark, buoy or other mark used for navigation.
172. (1) All persons shall be bound to conform to the lawful directions of a police
officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or
disregarding to conform to any direction given by him under sub-section ( 1) and may either
take such person before a Magistrate or, in petty cases, release him as soon as possiblewithin a period of twenty-four hours.
CHAPTER XIII
I
NFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
173. (1) Every information relating to the commission of a cognizable offence,
irrespective of the area where the offence is committed, may be given orally or by electroniccommunication to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read
over to the informant; and every such information, whether given in writing or reduced
to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being
signed within three days by the person giving it,Local inquiry.
Police to
preventcognizableoffences.
Information
of design tocommitcognizableoffences.
Arrest to
preventcommission ofcognizableoffences.
Prevention of
injury topublicproperty.
Persons bound
to conform tolawfuldirections ofpolice.
Information
in cognizablecases.
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and the substance thereof shall be entered in a book to be kept by such officer in such form
as the State Government may by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence
under section 64, section 65, section 66, section 67, section 68, section 69, section 70,
section 71, section 74, section 75, section 76, section 77, section 78, section 79 orsection 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed orattempted, then such information shall be recorded, by a woman police officer or anywoman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 64,
section 65, section 66, section 67, section 68, section 69, section 70, section 71,section 74, section 75, section 76, section 77, section 78, section 79 or section 124 ofthe Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, istemporarily or permanently mentally or physically disabled, then such informationshall be recorded by a police officer, at the residence of the person seeking to reportsuch offence or at a convenient place of such person's choice, in the presence of aninterpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a
Magistrate under clause ( a) of sub-section ( 6) of section 183 as soon as possible.
(2) A copy of the information as recorded under sub-section ( 1) shall be given forthwith,
free of cost, to the informant or the victim.
(3) Without prejudice to the provisions contained in section 175, on receipt of
information relating to the commission of any cognizable offence, which is made punishablefor three years or more but less than seven years, the officer in charge of the police stationmay with the prior permission from an officer not below the rank of Deputy Superintendentof Police, considering the nature and gravity of the offence,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a
prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) Any person aggrieved by a refusal on the part of an officer in charge of a police
station to record the information referred to in sub-section ( 1), may send the substance of
such information, in writing and by post, to the Superintendent of Police concerned who, ifsatisfied that such information discloses the commission of a cognizable offence, shalleither investigate the case himself or direct an investigation to be made by any police officersubordinate to him, in the manner provided by this Sanhita, and such officer shall have allthe powers of an officer in charge of the police station in relation to that offence failingwhich such aggrieved person may make an application to the Magistrate.
174. (1) When information is given to an officer in charge of a police station of the
commission within the limits of such station of a non-cognizable offence, he shall enter orcause to be entered the substance of the information in a book to be kept by such officer insuch form as the State Government may by rules prescribe in this behalf, and,—
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of
the investigation (except the power to arrest without warrant) as an officer in charge of apolice station may exercise in a cognizable case.
Informationas to non-cognizablecases andinvestigationof such cases.
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(4) Where a case relates to two or more offences of which at least one is cognizable,
the case shall be deemed to be a cognizable case, notwithstanding that the other offences
are non-cognizable.
175. (1) Any officer in charge of a police station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local area withinthe limits of such station would have power to inquire into or try under the provisions ofChapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent
of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in
question on the ground that the case was one which such officer was not empowered underthis section to investigate.
(3) Any Magistrate empowered under section 210 may, after considering the application
supported by an affidavit made under sub-section ( 4) of section 173, and after making such
inquiry as he thinks necessary and submission made in this regard by the police officer,order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210, may, upon receiving a complaint
against a public servant arising in course of the discharge of his official duties, orderinvestigation, subject to—
(a) receiving a report containing facts and circumstances of the incident from
the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the
situation that led to the incident so alleged.
176. (1) If, from information received or otherwise, an officer in charge of a police
station has reason to suspect the commission of an offence which he is empowered under
section 175 to investigate, he shall forthwith send a report of the same to a Magistrateempowered to take cognizance of such offence upon a police report and shall proceed inperson, or shall depute one of his subordinate officers not being below such rank as theState Government may, by general or special order, prescribe in this behalf, to proceed, tothe spot, to investigate the facts and circumstances of the case, and, if necessary, to takemeasures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against
any person by name and the case is not of a serious nature, the officer in charge of apolice station need not proceed in person or depute a subordinate officer to make aninvestigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no
sufficient ground for entering on an investigation, he shall not investigate the case:
Provided further that in relation to an offence of rape, the recording of statement of
the victim shall be conducted at the residence of the victim or in the place of her choice and
as far as practicable by a woman police officer in the presence of her parents or guardian ornear relatives or social worker of the locality and such statement may also be recordedthrough any audio-video electronic means including mobile phone.
(2) In each of the cases mentioned in clauses ( a) and ( b) of the first proviso to
sub-section ( 1), the officer in charge of the police station shall state in his report the
reasons for not fully complying with the requirements of that sub-section by him, and,forward the daily diary report fortnightly to the Magistrate and in the case mentioned inPoliceofficer's powerto investigatecognizablecase.
Procedure for
investigation.
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clause ( b) of the said proviso, the officer shall also forthwith notify to the informant, if any,
in such manner as may be prescribed by rules made by the State Government.
(3) On receipt of every information relating to the commission of an offence which is
made punishable for seven years or more, the officer in charge of a police station shall, from
such date, as may be notified within a period of five years by the State Government in thisregard, cause the forensic expert to visit the crime scene to collect forensic evidence in theoffence and also cause videography of the process on mobile phone or any other electronicdevice:
Provided that where forensic facility is not available in respect of any such offence,
the State Government shall, until the facility in respect of that matter is developed or madein the State, notify the utilisation of such facility of any other State.
177. (1) Every report sent to a Magistrate under section 176 shall, if the State
Government so directs, be submitted through such superior officer of police as the StateGovernment, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the
police station as he thinks fit, and shall, after recording such instructions on such report,transmit the same without delay to the Magistrate.
178. The Magistrate, on receiving a report under section 176, may direct an
investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate tohim to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in themanner provided in this Sanhita.
179. (1) Any police officer making an investigation under this Chapter may, by order
in writing, require the attendance before himself of any person being within the limits of hisown or any adjoining station who, from the information given or otherwise, appears to beacquainted with the facts and circumstances of the case; and such person shall attend as sorequired:
Provided that no male person under the age of fifteen years or above the age of
sixty years or a woman or a mentally or physically disabled person or a person with acute illnessshall be required to attend at any place other than the place in which such person resides:
Provided further that if such person is willing to attend at the police station, such
person may be permitted so to do.
(2) The State Government may, by rules made in this behalf, provide for the payment
by the police officer of the reasonable expenses of every person, attending undersub-section ( 1) at any place other than his residence.
180. (1) Any police officer making an investigation under this Chapter, or any police
officer not below such rank as the State Government may, by general or special order,prescribe in this behalf, acting on the requisition of such officer, may examine orally anyperson supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put
to him by such officer, other than questions the answers to which would have a tendencyto expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course
of an examination under this section; and if he does so, he shall make a separate and truerecord of the statement of each such person whose statement he records:
Provided that statement made under this sub-section may also be recorded by
audio-video electronic means:
Provided further that the statement of a woman against whom an offence under
section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71,Report howsubmitted.
Power to hold
investigationor preliminaryinquiry.
Police
officer's powerto requireattendance ofwitnesses.
Examination
of witnessesby police.
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section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the
Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall berecorded, by a woman police officer or any woman officer.
181. (1) No statement made by any person to a police officer in the course of an
investigation under this Chapter, shall, if reduced to writing, be signed by the personmaking it; nor shall any such statement or any record thereof, whether in a police diary orotherwise, or any part of such statement or record, be used for any purpose, save ashereinafter provided, at any inquiry or trial in respect of any offence under investigation atthe time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial
whose statement has been reduced into writing as aforesaid, any part of his statement, ifduly proved, may be used by the accused, and with the permission of the Court, by theprosecution, to contradict such witness in the manner provided by section 148 of theBharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, anypart thereof may also be used in the re-examination of such witness, but for the purposeonly of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within
the provisions of clause ( a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to
affect the provisions of the proviso to sub-section ( 2) of section 23 of that Adhiniyam.
Explanation .—An omission to state a fact or circumstance in the statement referred
to in sub-section ( 1) may amount to contradiction if the same appears to be significant and
otherwise relevant having regard to the context in which such omission occurs and whetherany omission amounts to a contradiction in the particular context shall be a question of fact.
182. (1) No police officer or other person in authority shall offer or make, or cause to
be offered or made, any such inducement, threat or promise as is mentioned in section 22 ofthe Bharatiya Sakshya Adhiniyam, 2023.
(2) But no police officer or other person shall prevent, by any caution or otherwise,
any person from making in the course of any investigation under this Chapter any statementwhich he may be disposed to make of his own free will:
Provided that nothing in this sub-section shall affect the provisions of sub-section ( 4)
of section 183.
183. (1) Any Magistrate of the District in which the information about commission of
any offence has been registered, may, whether or not he has jurisdiction in the case, recordany confession or statement made to him in the course of an investigation under thisChapter or under any other law for the time being in force, or at any time afterwards butbefore the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be
recorded by audio-video electronic means in the presence of the advocate of the personaccused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any
power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person
making it that he is not bound to make a confession and that, if he does so, it may be usedas evidence against him; and the Magistrate shall not record any such confession unless,upon questioning the person making it, he has reason to believe that it is being madevoluntarily.
(3) If at any time before the confession is recorded, the person appearing before the
Magistrate states that he is not willing to make the confession, the Magistrate shall notauthorise the detention of such person in police custody.Statements topolice and usethereof.
No inducement
to be offered.
Recording of
confessionsandstatements.
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(4) Any such confession shall be recorded in the manner provided in section 316 for
recording the examination of an accused person and shall be signed by the person making
the confession; and the Magistrate shall make a memorandum at the foot of such record tothe following effect:—
"I have explained to (name) that he is not bound to make a confession and that,
if he does so, any confession he may make may be used as evidence against him andI believe that this confession was voluntarily made. It was taken in my presence andhearing, and was read over to the person making it and admitted by him to be correct,and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate.".
(5) Any statement (other than a confession) made under sub-section ( 1) shall be
recorded in such manner hereinafter provided for the recording of evidence as is, in theopinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrateshall have power to administer oath to the person whose statement is so recorded.
(6) (a) In cases punishable under section 64, section 65, section 66, section 67,
section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrateshall record the statement of the person against whom such offence has been committed inthe manner specified in sub-section ( 5), as soon as the commission of the offence is brought
to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman
Magistrate and in her absence by a male Magistrate in the presence of a woman:
Provided further that in cases relating to the offences punishable with imprisonment
for ten years or more or with imprisonment for life or with death, the Magistrate shall recordthe statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently,
mentally or physically disabled, the Magistrate shall take the assistance of an interpreter ora special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently,
mentally or physically disabled, the statement made by the person, with the assistance ofan interpreter or a special educator, shall be recorded through audio-video electronic meanspreferably by mobile phone;
(b) a statement recorded under clause ( a) of a person, who is temporarily or
permanently, mentally or physically disabled, shall be considered a statement in lieu of
examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023such that the maker of the statement can be cross-examined on such statement, without theneed for recording the same at the time of trial.
(7) The Magistrate recording a confession or statement under this section shall
forward it to the Magistrate by whom the case is to be inquired into or tried.
184. (1) Where, during the stage when an offence of committing rape or attempt to
commit rape is under investigation, it is proposed to get the person of the woman withwhom rape is alleged or attempted to have been committed or attempted, examined by amedical expert, such examination shall be conducted by a registered medical practitioneremployed in a hospital run by the Government or a local authority and in the absence ofsuch a practitioner, by any other registered medical practitioner, with the consent of suchwoman or of a person competent to give such consent on her behalf and such woman shallbe sent to such registered medical practitioner within twenty-four hours from the time ofreceiving the information relating to the commission of such offence.
Medicalexaminationof victim ofrape.
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(2) The registered medical practitioner, to whom such woman is sent, shall, without
delay, examine her person and prepare a report of his examination giving the following
particulars, namely:—
(i) the name and address of the woman and of the person by whom she was
brought;
(ii) the age of the woman;
(iii) the description of material taken from the person of the woman for
DNA profiling;
(iv) marks of injury, if any, on the person of the woman;
(v) general mental condition of the woman; and
(vi) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The report shall specifically record that the consent of the woman or of the person
competent to give such consent on her behalf to such examination had been obtained.
(5) The exact time of commencement and completion of the examination shall also be
noted in the report.
(6) The registered medical practitioner shall, within a period of seven days forward
the report to the investigating officer who shall forward it to the Magistrate referred to insection 193 as part of the documents referred to in clause ( a) of sub-section ( 6) of that
section.
(7) Nothing in this section shall be construed as rendering lawful any examination
without the consent of the woman or of any person competent to give such consent on herbehalf.
Explanation .—For the purposes of this section, "examination" and "registered
medical practitioner" shall have the same meanings as respectively assigned to them insection 51.
185. (1) Whenever an officer in charge of a police station or a police officer making an
investigation has reasonable grounds for believing that anything necessary for the purposesof an investigation into any offence which he is authorised to investigate may be found inany place within the limits of the police station of which he is in charge, or to which he isattached, and that such thing cannot in his opinion be otherwise obtained without unduedelay, such officer may, after recording in writing the grounds of his belief in the case-diaryand specifying in such writing, so far as possible, the thing for which search is to be made,search, or cause search to be made, for such thing in any place within the limits of suchstation.
(2) A police officer proceeding under sub-section ( 1), shall, if practicable, conduct the
search in person:
Provided that the search conducted under this section shall be recorded through
audio-video electronic means preferably by mobile phone.
(3) If he is unable to conduct the search in person, and there is no other person
competent to make the search present at the time, he may, after recording in writing hisreasons for so doing, require any officer subordinate to him to make the search, and he shalldeliver to such subordinate officer an order in writing, specifying the place to be searched,and so far as possible, the thing for which search is to be made; and such subordinateofficer may thereupon search for such thing in such place.Search bypolice officer.
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(4) The provisions of this Sanhita as to search-warrants and the general provisions as
to searches contained in section 103 shall, so far as may be, apply to a search made under
this section.
(5) Copies of any record made under sub-section ( 1) or sub-section ( 3) shall forthwith,
but not later than forty-eight hours, be sent to the nearest Magistrate empowered to takecognizance of the offence, and the owner or occupier of the place searched shall, onapplication, be furnished, free of cost, with a copy of the same by the Magistrate.
186. (1) An officer in charge of a police station or a police officer not being below the
rank of sub-inspector making an investigation may require an officer in charge of anotherpolice station, whether in the same or a different district, to cause a search to be made in anyplace, in any case in which the former officer might cause such search to be made, within thelimits of his own station.
(2) Such officer, on being so required, shall proceed according to the provisions of
section 185, and shall forward the thing found, if any, to the officer at whose request thesearch was made.
(3) Whenever there is reason to believe that the delay occasioned by requiring an
officer in charge of another police station to cause a search to be made undersub-section ( 1) might result in evidence of the commission of an offence being concealed or
destroyed, it shall be lawful for an officer in charge of a police station or a police officermaking any investigation under this Chapter to search, or cause to be searched, any placein the limits of another police station in accordance with the provisions of section 185, as ifsuch place were within the limits of his own police station.
(4) Any officer conducting a search under sub-section ( 3) shall forthwith send notice
of the search to the officer in charge of the police station within the limits of which suchplace is situate, and shall also send with such notice a copy of the list (if any) preparedunder section 103, and shall also send to the nearest Magistrate empowered to takecognizance of the offence, copies of the records referred to in sub-sections ( 1) and ( 3) of
section 185.
(5) The owner or occupier of the place searched shall, on application, be furnished
free of cost with a copy of any record sent to the Magistrate under sub-section ( 4).
187. (1) Whenever any person is arrested and detained in custody, and it appears
that the investigation cannot be completed within the period of twenty-four hours fixed bysection 58, and there are grounds for believing that the accusation or information iswell-founded, the officer in charge of the police station or the police officer making theinvestigation, if he is not below the rank of sub-inspector, shall forthwith transmit to thenearest Magistrate a copy of the entries in the diary hereinafter specified relating to thecase, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may,
irrespective of whether he has or has no jurisdiction to try the case, after taking intoconsideration whether such person has not been released on bail or his bail has beencancelled, authorise, from time to time, the detention of the accused in such custody assuch Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, atany time during the initial forty days or sixty days out of detention period of sixty days orninety days, as the case may be, as provided in sub-section ( 3), and if he has no jurisdiction
to try the case or commit it for trial, and considers further detention unnecessary, he mayorder the accused to be forwarded to a Magistrate having such jurisdiction.
(3) The Magistrate may authorise the detention of the accused person, beyond the
period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but noMagistrate shall authorise the detention of the accused person in custody under thissub-section for a total period exceeding—When officerin charge ofpolice stationmay requireanother toissue search-warrant.
Procedure
wheninvestigationcannot becompleted intwenty-fourhours.
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(i) ninety days, where the investigation relates to an offence punishable with
death, imprisonment for life or imprisonment for a term of ten years or more;
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the
accused person shall be released on bail if he is prepared to and does furnish bail, and everyperson released on bail under this sub-section shall be deemed to be so released under theprovisions of Chapter XXXV for the purposes of that Chapter.
(4) No Magistrate shall authorise detention of the accused in custody of the police
under this section unless the accused is produced before him in person for the first time andsubsequently every time till the accused remains in the custody of the police, but theMagistrate may extend further detention in judicial custody on production of the accusedeither in person or through the audio-video electronic means.
(5) No Magistrate of the second class, not specially empowered in this behalf by the
High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that,
notwithstanding the expiry of the period specified in sub-section ( 3), the accused shall be
detained in custody so long as he does not furnish bail.
Explanation II.—If any question arises whether an accused person was produced
before the Magistrate as required under sub-section ( 4), the production of the accused
person may be proved by his signature on the order authorising detention or by the ordercertified by the Magistrate as to production of the accused person through the audio-videoelectronic means, as the case may be:
Provided that in case of a woman under eighteen years of age, the detention shall be
authorised to be in the custody of a remand home or recognised social institution:
Provided further that no person shall be detained otherwise than in police station
under police custody or in prison under judicial custody or a place declared as prison by theCentral Government or the State Government.
(6) Notwithstanding anything contained in sub-section ( 1) to sub-section ( 5), the
officer in charge of the police station or the police officer making the investigation, if he isnot below the rank of a sub-inspector, may, where a Magistrate is not available, transmit tothe nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred,a copy of the entry in the diary hereinafter specified relating to the case, and shall, at thesame time, forward the accused to such Executive Magistrate, and thereupon such ExecutiveMagistrate, may, for reasons to be recorded in writing, authorise the detention of theaccused person in such custody as he may think fit for a term not exceeding seven days inthe aggregate; and, on the expiry of the period of detention so authorised, the accusedperson shall be released on bail except where an order for further detention of the accusedperson has been made by a Magistrate competent to make such order; and, where an orderfor such further detention is made, the period during which the accused person was detainedin custody under the orders made by an Executive Magistrate under this sub-section, shallbe taken into account in computing the period specified in sub-section ( 3):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall
transmit to the nearest Judicial Magistrate the records of the case together with a copy ofthe entries in the diary relating to the case which was transmitted to him by the officer incharge of the police station or the police officer making the investigation, as the case maybe.
(7) A Magistrate authorising under this section detention in the custody of the police
shall record his reasons for so doing.
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(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall
forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(9) If in any case triable by a Magistrate as a summons-case, the investigation is not
concluded within a period of six months from the date on which the accused was arrested,
the Magistrate shall make an order stopping further investigation into the offence unlessthe officer making the investigation satisfies the Magistrate that for special reasons and inthe interests of justice the continuation of the investigation beyond the period of six
months is necessary.
(10) Where any order stopping further investigation into an offence has been made
under sub-section ( 9), the Sessions Judge may, if he is satisfied, on an application made to
him or otherwise, that further investigation into the offence ought to be made, vacate the
order made under sub-section ( 9) and direct further investigation to be made into the
offence subject to such directions with regard to bail and other matters as he may specify.
188. When any subordinate police officer has made any investigation under this
Chapter, he shall report the result of such investigation to the officer in charge of the police
station.
189. If, upon an investigation under this Chapter, it appears to the officer in charge of
the police station that there is not sufficient evidence or reasonable ground of suspicion to
justify the forwarding of the accused to a Magistrate, such officer shall, if such person is incustody, release him on his executing a bond or bail bond, as such officer may direct, toappear, if and when so required, before a Magistrate empowered to take cognizance of theoffence on a police report, and to try the accused or commit him for trial.
190. (1) If, upon an investigation under this Chapter, it appears to the officer in charge
of the police station that there is sufficient evidence or reasonable ground as aforesaid,such officer shall forward the accused under custody to a Magistrate empowered to take
cognizance of the offence upon a police report and to try the accused or commit him for trial,
or, if the offence is bailable and the accused is able to give security, shall take security fromhim for his appearance before such Magistrate on a day fixed and for his attendance fromday to day before such Magistrate until otherwise directed:
Provided that if the accused is not in custody, the police officer shall take security
from such person for his appearance before the Magistrate and the Magistrate to whomsuch report is forwarded shall not refuse to accept the same on the ground that the accusedis not taken in custody.
(2) When the officer in charge of a police station forwards an accused person to a
Magistrate or takes security for his appearance before such Magistrate under this section,he shall send to such Magistrate any weapon or other article which it may be necessary toproduce before him, and shall require the complainant (if any) and so many of the personswho appear to such officer to be acquainted with the facts and circumstances of the case ashe may think necessary, to execute a bond to appear before the Magistrate as therebydirected and prosecute or give evidence (as the case may be) in the matter of the chargeagainst the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court
shall be held to include any Court to which such Magistrate may refer the case for inquiry
or trial, provided reasonable notice of such reference is given to such complainant or
persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to
one of the persons who executed it, and shall then send to the Magistrate the original with
his report.Report of
investigationby subordinatepolice officer.
Release of
accused whenevidencedeficient.
Cases to be
sent toMagistrate,when evidenceis sufficient.
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191. No complainant or witness on his way to any Court shall be required to accompany
a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required
to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as
directed in section 190, the officer in charge of the police station may forward him incustody to the Magistrate, who may detain him in custody until he executes such bond, oruntil the hearing of the case is completed.
192. (1) Every police officer making an investigation under this Chapter shall day by
day enter his proceedings in the investigation in a diary, setting forth the time at which the
information reached him, the time at which he began and closed his investigation, the place
or places visited by him, and a statement of the circumstances ascertained through hisinvestigation.
(2) The statements of witnesses recorded during the course of investigation under
section 180 shall be inserted in the case diary.
(3) The diary referred to in sub-section ( 1) shall be a volume and duly paginated.
(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial
in such Court, and may use such diaries, not as evidence in the case, but to aid it in suchinquiry or trial.
(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor
shall he or they be entitled to see them merely because they are referred to by the Court; but,if they are used by the police officer who made them to refresh his memory, or if the Court
uses them for the purpose of contradicting such police officer, the provisions of section 148
or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.
193. (1) Every investigation under this Chapter shall be completed without
unnecessary delay.
(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71
of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protectionof Children from Sexual Offences Act, 2012 shall be completed within two months from thedate on which the information was recorded by the officer in charge of the police station.
(3) (i) As soon as the investigation is completed, the officer in charge of the police
station shall forward, including through electronic communication to a Magistrate empoweredto take cognizance of the offence on a police report, a report in the form as the StateGovernment may, by rules provide, stating—
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances
of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether the accused has been released on his bond or bail bond;
(g) whether the accused has been forwarded in custody under section 190;
(h) whether the report of medical examination of the woman has been attached
where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 orsection 71 of the Bharatiya Nyaya Sanhita, 2023;
(i) the sequence of custody in case of electronic device;Complainant
and witnessesnot to berequired toaccompanypolice officerand not to besubject torestraint.
Diary of
proceedings ininvestigation.
Report of
police officeron completionofinvestigation.
32 of 2012
.
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(ii) the police officer shall, within a period of ninety days, inform the progress of the
investigation by any means including through electronic communication to the informant
or the victim;
(iii) the officer shall also communicate, in such manner as the State Government may,
by rules, provide, the action taken by him, to the person, if any, by whom the informationrelating to the commission of the offence was first given.
(4) Where a superior officer of police has been appointed under section 177, the
report shall, in any case in which the State Government by general or special order sodirects, be submitted through that officer, and he may, pending the orders of the Magistrate,direct the officer in charge of the police station to make further investigation.
(5) Whenever it appears from a report forwarded under this section that the accused
has been released on his bond or bail bond, the Magistrate shall make such order for thedischarge of such bond or bail bond or otherwise as he thinks fit.
(6) When such report is in respect of a case to which section 190 applies, the police
officer shall forward to the Magistrate along with the report—
(a) all documents or relevant extracts thereof on which the prosecution proposes
to rely other than those already sent to the Magistrate during investigation;
(b) the statements recorded under section 180 of all the persons whom the
prosecution proposes to examine as its witnesses.
(7) If the police officer is of opinion that any part of any such statement is not relevant
to the subject matter of the proceedings or that its disclosure to the accused is not essential
in the interests of justice and is inexpedient in the public interest, he shall indicate that partof the statement and append a note requesting the Magistrate to exclude that part from thecopies to be granted to the accused and stating his reasons for making such request.
(8) Subject to the provisions contained in sub-section ( 7), the police officer
investigating the case shall also submit such number of copies of the police report alongwith other documents duly indexed to the Magistrate for supply to the accused as requiredunder section 230:
Provided that supply of report and other documents by electronic communication
shall be considered as duly served.
(9) Nothing in this section shall be deemed to preclude further investigation in respect
of an offence after a report under sub-section ( 3) has been forwarded to the Magistrate and,
where upon such investigation, the officer in charge of the police station obtains furtherevidence, oral or documentary, he shall forward to the Magistrate a further report or reportsregarding such evidence in the form as the State Government may, by rules, provide; andthe provisions of sub-sections ( 3) to ( 8) shall, as far as may be, apply in relation to such
report or reports as they apply in relation to a report forwarded under sub-section ( 3):
Provided that further investigation during the trial may be conducted with the
permission of the Court trying the case and the same shall be completed within a period ofninety days which may be extended with the permission of the Court.
194. (1) When the officer in charge of a police station or some other police officer
specially empowered by the State Government in that behalf receives information that aperson has committed suicide, or has been killed by another or by an animal or by machineryor by an accident, or has died under circumstances raising a reasonable suspicion thatsome other person has committed an offence, he shall immediately give intimation thereofto the nearest Executive Magistrate empowered to hold inquests, and, unless otherwisedirected by any rule made by the State Government, or by any general or special order of theDistrict or Sub-divisional Magistrate, shall proceed to the place where the body of suchdeceased person is, and there, in the presence of two or more respectable inhabitants of the
Police toenquire andreport onsuicide, etc.
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neighbourhood, shall make an investigation, and draw up a report of the apparent cause of
death, describing such wounds, fractures, bruises, and other marks of injury as may befound on the body, and stating in what manner, or by what weapon or instrument(if any), such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many
of them as concur therein, and shall be forwarded to the District Magistrate or theSub-divisional Magistrate within twenty-four hours.
(3) When—
(i) the case involves suicide by a woman within seven years of her marriage; or
(ii) the case relates to the death of a woman within seven years of her marriage
in any circumstances raising a reasonable suspicion that some other person committedan offence in relation to such woman; or
(iii) the case relates to the death of a woman within seven years of her marriage
and any relative of the woman has made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it expedient so to do,
he shall, subject to such rules as the State Government may prescribe in this behalf, forwardthe body, with a view to its being examined, to the nearest Civil Surgeon, or other qualifiedmedical person appointed in this behalf by the State Government, if the state of the weatherand the distance admit of its being so forwarded without risk of such putrefaction on theroad as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District
Magistrate or Sub-divisional Magistrate and any other Executive Magistrate speciallyempowered in this behalf by the State Government or the District Magistrate.
195. (1) A police officer proceeding under section 194 may, by order in writing, summon
two or more persons as aforesaid for the purpose of the said investigation, and any otherperson who appears to be acquainted with the facts of the case and every person sosummoned shall be bound to attend and to answer truly all questions other than questionsthe answers to which would have a tendency to expose him to a criminal charge or to apenalty or forfeiture:
Provided that no male person under the age of fifteen years or above the age of sixty
years or a woman or a mentally or physically disabled person or a person with acute illnessshall be required to attend at any place other than the place where such person resides:
Provided further that if such person is willing to attend and answer at the police
station, such person may be permitted so to do.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such
persons shall not be required by the police officer to attend a Magistrate's Court.
196. (1) When the case is of the nature referred to in clause ( i) or clause ( ii) of
sub-section ( 3) of section 194, the nearest Magistrate empowered to hold inquests shall,
and in any other case mentioned in sub-section ( 1) of section 194, any Magistrate so
empowered may hold an inquiry into the cause of death either instead of, or in addition to,the investigation held by the police officer; and if he does so, he shall have all the powersin conducting it which he would have in holding an inquiry into an offence.
(2) Where,—
(a) any person dies or disappears; or
(b) rape is alleged to have been committed on any woman,
while such person or woman is in the custody of the police or in any other custody authorisedPower tosummonpersons.
Inquiry by
Magistrateinto cause ofdeath.
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by the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation
held by the police, an inquiry shall be held by the Magistrate within whose local jurisdictionthe offence has been committed.
(3) The Magistrate holding such an inquiry shall record the evidence taken by him in
connection therewith in any manner hereinafter specified according to the circumstances ofthe case.
(4) Whenever such Magistrate considers it expedient to make an examination of the
dead body of any person who has been already interred, in order to discover the cause ofhis death, the Magistrate may cause the body to be disinterred and examined.
(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever
practicable, inform the relatives of the deceased whose names and addresses are known,and shall allow them to remain present at the inquiry.
(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry
or investigation under sub-section ( 2) shall, within twenty-four hours of the death of a
person, forward the body with a view to its being examined to the nearest Civil Surgeon orother qualified medical person appointed in this behalf by the State Government, unless itis not possible to do so for reasons to be recorded in writing.
Explanation .—In this section, the expression "relative" means parents, children,
brothers, sisters and spouse.
CHAPTER XIV
J
URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
197. Every offence shall ordinarily be inquired into and tried by a Court within whose
local jurisdiction it was committed.
198. (a) When it is uncertain in which of several local areas an offence was
committed; or
(b) where an offence is committed partly in one local area and partly in another; or
(c) where an offence is a continuing one, and continues to be committed in more local
areas than one; or
(d) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
199. When an act is an offence by reason of anything which has been done and of a
consequence which has ensued, the offence may be inquired into or tried by a Court withinwhose local jurisdiction such thing has been done or such consequence has ensued.
200. When an act is an offence by reason of its relation to any other act which is also
an offence or which would be an offence if the doer were capable of committing an offence,the first-mentioned offence may be inquired into or tried by a Court within whose localjurisdiction either act was done.
201. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of
dacoits, or of escaping from custody, may be inquired into or tried by a Court within whoselocal jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried
by a Court within whose local jurisdiction the person was kidnapped or abducted or wasconveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court
within whose local jurisdiction the offence was committed or the stolen property which isOrdinary placeof inquiry andtrial.
Place of
inquiry ortrial.
Offence
triable whereact is done orconsequenceensues.
Place of trial
where act is anoffence byreason ofrelation toother offence.
Place of trial
in case ofcertainoffences.
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the subject of the offence was possessed by any person committing it or by any person
who received or retained such property knowing or having reason to believe it to be stolenproperty.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be
inquired into or tried by a Court within whose local jurisdiction the offence was committedor any part of the property which is the subject of the offence was received or retained, orwas required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired
into or tried by a Court within whose local jurisdiction the offence was committed or thestolen property was possessed by any person who received or retained it knowing orhaving reason to believe it to be stolen property.
202. (1) Any offence which includes cheating, may, if the deception is practised by
means of electronic communications or letters or telecommunication messages, be inquiredinto or tried by any Court within whose local jurisdiction such electronic communicationsor letters or messages were sent or were received; and any offence of cheating anddishonestly inducing delivery of property may be inquired into or tried by a Court withinwhose local jurisdiction the property was delivered by the person deceived or was receivedby the accused person.
(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023
may be inquired into or tried by a Court within whose local jurisdiction the offence wascommitted or the offender last resided with his or her spouse by the first marriage, or the wifeby the first marriage has taken up permanent residence after the commission of the offence.
203. When an offence is committed whilst the person by or against whom, or the
thing in respect of which, the offence is committed is in the course of performing a journeyor voyage, the offence may be inquired into or tried by a Court through or into whose localjurisdiction that person or thing passed in the course of that journey or voyage.
204. Where—
(a) the offences committed by any person are such that he may be charged
with, and tried at one trial for, each such offence by virtue of the provisions ofsection 242, section 243 or section 244; or
(b) the offence or offences committed by several persons are such that they
may be charged with and tried together by virtue of the provisions of section 246,
the offences may be inquired into or tried by any Court competent to inquire into or try anyof the offences.
205. Notwithstanding anything contained in the preceding provisions of this Chapter,
the State Government may direct that any case or class of cases committed for trial in anydistrict may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously issued by
the High Court or the Supreme Court under the Constitution, or under this Sanhita or anyother law for the time being in force.
206. Where two or more Courts have taken cognizance of the same offence and a
question arises as to which of them ought to inquire into or try that offence, the questionshall be decided—
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court
within the local limits of whose appellate criminal jurisdiction the proceedings werefirst commenced,
and thereupon all other proceedings in respect of that offence shall be discontinued.Offencescommitted bymeans ofelectroniccommunications,letters, etc.
Offence
committed onjourney orvoyage.
Place of trial
for offencestriabletogether.
Power to
order cases tobe tried indifferentsessionsdivisions.
High Court to
decide, in caseof doubt,district whereinquiry or trialshall takeplace.
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207. (1) When a Magistrate of the first class sees reason to believe that any person
within his local jurisdiction has committed outside such jurisdiction (whether within or
outside India) an offence which cannot, under the provisions of sections 197 to 205 (both
inclusive), or any other law for the time being in force, be inquired into or tried within such
jurisdiction but is under any law for the time being in force triable in India, such Magistratemay inquire into the offence as if it had been committed within such local jurisdiction and
compel such person in the manner hereinbefore provided to appear before him, and send
such person to the Magistrate having jurisdiction to inquire into or try such offence, or, ifsuch offence is not punishable with death or imprisonment for life and such person is
ready and willing to give bail to the satisfaction of the Magistrate acting under this
section, take a bond or bail bond for his appearance before the Magistrate having suchjurisdiction.
(2) When there are more Magistrates than one having such jurisdiction and the
Magistrate acting under this section cannot satisfy himself as to the Magistrate to or beforewhom such person should be sent or bound to appear, the case shall be reported for the
orders of the High Court.
208. When an offence is committed outside India—
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in
India,
he may be dealt with in respect of such offence as if it had been committed at any place
within India at which he may be found or where the offence is registered in India:
Provided that notwithstanding
anything in any of the preceding sections of this
Chapter, no such offence shall be inquired into or tried in India except with the previous
sanction of the Central Government.
209. When any offence alleged to have been committed in a territory outside India is
being inquired into or tried under the provisions of section 208, the Central Government
ma
y, if it thinks fit, direct that copies of depositions made or exhibits produced, either in
physical form or in
electronic form, before a judicial officer, in or for that territory or before
a diplomatic or consular representative of India in or for that territory shall be received as
evidence by the Court holding such inquiry or trial in any case in which such Court might
issue a commission for taking evidence as to the matters to which such depositions or
exhibits relate.
CHAPTER XV
CONDITIONS REQUISITE
FOR INITIATION OF PROCEEDINGS
210. (1) Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Magistrate of the second class specially empowered in
this behalf under
sub-section ( 2), may take cognizance of any offence—
(a) upon receiving a complaint of facts, including any complaint filed by a
person authorised under any special law, which constitutes such offence;
(b) upon a police report (submitted in any mode including electronic mode) of
such facts;
(c) upon information received from any person other than a police officer, or
upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to
take cognizance under sub-section ( 1) of such offences as are within his competence to
inquire into or try.Power to issue
summons orwarrant foroffencecommittedbeyond localjurisdiction.
Offence
committedoutside India.
Receipt of
evidencerelating tooffencescommittedoutside India.
Cognizance of
offences byMagistrate.
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211. When a Magistrate takes cognizance of an offence under clause ( c) of
sub-section ( 1) of section 210, the accused shall, before any evidence is taken, be informed
that he is entitled to have the case inquired into or tried by another Magistrate, and if the
accused or any of the accused, if there be more than one, objects to further proceedings
before the Magistrate taking cognizance, the case shall be transferred to such other Magistrateas may be specified by the Chief Judicial Magistrate in this behalf.
212. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence,
make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial
Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trialto such other competent Magistrate as the Chief Judicial Magistrate may, by general or
special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
213. Except as otherwise expressly provided by this Sanhita or by any other law for
the time being in force, no Court of Session shall take cognizance of any offence as a Court
of original jurisdiction unless the case has been committed to it by a Magistrate under thisSanhita.
214. An Additional Sessions Judge shall try such cases as the Sessions Judge of the
division may, by general or special order, make over to him for trial or as the High Court may,by special order, direct him to try.
215. (1) No Court shall take cognizance—
(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but
excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or
(ii) of any abetment of, or attempt to commit, such offence; or
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of some other public
servant to whom he is administratively subordinate or of some other public servant who is
authorised by the concerned public servant so to do;
(b) (i) of any offence punishable under any of the following sections of the
Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237,242 to 248 (both inclusive) and 267, when such offence is alleged to have beencommitted in, or in relation to, any proceeding in any Court; or
(ii) of any offence described in sub-section ( 1) of section 336, or punishable
under sub-section ( 2) of section 340 or section 342 of the said Sanhita, when such
offence is alleged to have been committed in respect of a document produced orgiven in evidence in a proceeding in any Court; or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment
of, any offence specified in sub-clause ( i) or sub-clause ( ii),
except on the complaint in writing of that Court or by such officer of the Court as that Courtmay authorise in writing in this behalf, or of some other Court to which that Court issubordinate.Transfer on
application ofaccused.
Making over
of cases toMagistrates.
Cognizance of
offences byCourt ofSession.
Additional
Sessions Judgesto try casesmade over tothem.
Prosecution
for contemptof lawfulauthority ofpublicservants, foroffencesagainst publicjustice and foroffencesrelating todocumentsgiven inevidence.
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(2) Where a complaint has been made by a public servant or by some other public
servant who has been authorised to do so by him under clause ( a) of sub-section ( 1), any
authority to which he is administratively subordinate or who has authorised such public
servant, may, order the withdrawal of the complaint and send a copy of such order to theCourt; and upon its receipt by the Court, no further proceedings shall be taken on thecomplaint:
Provided that no such withdrawal shall be ordered if the trial in the Court of first
instance has been concluded.
(3) In clause ( b) of sub-section ( 1), the term "Court" means a Civil, Revenue or
Criminal Court, and includes a tribunal constituted by or under a Central or State Act ifdeclared by that Act to be a Court for the purposes of this section.
(4) For the purposes of clause ( b) of sub-section ( 1), a Court shall be deemed to be
subordinate to the Court to which appeals ordinarily lie from the appealable decrees orsentences of such former Court, or in the case of a Civil Court from whose decrees no appealordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whoselocal jurisdiction such Civil Court is situate:
Provided that—
(a) where appeals lie to more than one Court, the Appellate Court of inferior
jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be
deemed to be subordinate to the Civil or Revenue Court according to the nature of thecase or proceeding in connection with which the offence is alleged to have beencommitted.
216. A witness or any other person may file a complaint in relation to an offence
under section 232 of the Bharatiya Nyaya Sanhita, 2023.
217. (1) No Court shall take cognizance of—
(a) any offence punishable under Chapter VII or under section 196, section 299
or sub-section ( 1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or
(b) a criminal conspiracy to commit such offence; or
(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya
Sanhita, 2023,
except with the previous sanction of the Central Government or of the State Government.
(2) No Court shall take cognizance of—
(a) any offence punishable under section 197 or sub-section ( 2) or
sub-section ( 3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or
(b) a criminal conspiracy to commit such offence,
except with the previous sanction of the Central Government or of the State Government or
of the District Magistrate.
(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable
under sub-section ( 2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a
criminal conspiracy to commit an offence punishable with death, imprisonment for life orrigorous imprisonment for a term of two years or upwards, unless the State Government orthe District Magistrate has consented in writing to the initiation of the proceedings:Procedure forwitnesses incase ofthreatening,etc.
Prosecution
for offencesagainst Stateand forcriminalconspiracy tocommit suchoffence.
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Provided that where the criminal conspiracy is one to which the provisions of
section 215 apply, no such consent shall be necessary.
(4) The Central Government or the State Government may, before according sanction
under sub-section ( 1) or sub-section ( 2) and the District Magistrate may, before according
sanction under sub-section ( 2) and the State Government or the District Magistrate may,
before giving consent under sub-section ( 3), order a preliminary investigation by a police
officer not being below the rank of Inspector, in which case such police officer shall have
the powers referred to in sub-section ( 3) of section 174.
218. (1) When any person who is or was a Judge or Magistrate or a public servant not
removable from his office save by or with the sanction of the Government is accused of anyoffence alleged to have been committed by him while acting or purporting to act in thedischarge of his official duty, no Court shall take cognizance of such offence except with theprevious sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
(a) in the case of a person who is employed or, as the case may be, was at the
time of commission of the alleged offence employed, in connection with the affairs ofthe Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the
time of commission of the alleged offence employed, in connection with the affairs ofa State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in
clause ( b) during the period while a Proclamation issued under clause (1) of article 356 of the
Constitution was in force in a State, clause ( b) will apply as if for the expression "State
Government" occurring therein, the expression "Central Government" were substituted:
Provided further that such Government shall take a decision within a period of one
hundred and twenty days from the date of the receipt of the request for sanction and in case
it fails to do so, the sanction shall be deemed to have been accorded by such Government:
Provided also that no sanction shall be required in case of a public servant accused of
any offence alleged to have been committed under section 64, section 65, section 66,section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,section 78, section 79, section 143, section 199 or section 200 of the Bharatiya NyayaSanhita, 2023.
(2) No Court shall take cognizance of any offence alleged to have been committed by
any member of the Armed Forces of the Union while acting or purporting to act in thedischarge of his official duty, except with the previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of
sub-section ( 2) shall apply to such class or category of the members of the Forces charged
with the maintenance of public order as may be specified therein, wherever they may beserving, and thereupon the provisions of that sub-section will apply as if for the expression"Central Government" occurring therein, the expression "State Government" weresubstituted.
(4) Notwithstanding anything contained in sub-section ( 3), no Court shall take
cognizance of any offence, alleged to have been committed by any member of the Forcescharged with the maintenance of public order in a State while acting or purporting to act inthe discharge of his official duty during the period while a Proclamation issued underclause (1) of article 356 of the Constitution was in force therein, except with the previoussanction of the Central Government.
(5) The Central Government or the State Government, may determine the person by
whom, the manner in which, and the offence or offences for which, the prosecution of suchJudge, Magistrate or public servant is to be conducted, and may specify the Court beforewhich the trial is to be held.Prosecution ofJudges andpublicservants.
1 of 2014.
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219. (1) No Court shall take cognizance of an offence punishable under sections 81 to
84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by
some person aggrieved by the offence:
Provided that—
(a) where such person is a child, or is of unsound mind or is having intellectual
disability requiring higher support needs, or is from sickness or infirmity unable tomake a complaint, or is a woman who, according to the local customs and manners,
ought not to be compelled to appear in public, some other person may, with the leave
of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed
Forces of the Union under conditions which are certified by his Commanding Officeras precluding him from obtaining leave of absence to enable him to make a complaintin person, some other person authorised by the husband in accordance with theprovisions of sub-section ( 4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 82 of
the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalfby her father, mother, brother, sister, son or daughter or by her father's or mother's
brother or sister, or, with the leave of the Court, by any other person related to her by
blood, marriage or adoption.
(2) For the purposes of sub-section ( 1), no person other than the husband of the
woman shall be deemed to be aggrieved by any offence punishable under section 84 of the
Bharatiya Nyaya Sanhita, 2023.
(3) When in any case falling under clause ( a) of the proviso to sub-section ( 1), the
complaint is sought to be made on behalf of a child or of a person of unsound mind by aperson who has not been appointed or declared by a competent authority to be the guardian
of the child, or of the person of unsound mind, and the Court is satisfied that there is aguardian so appointed or declared, the Court shall, before granting the application forleave, cause notice to be given to such guardian and give him a reasonable opportunity of
being heard.
(4) The authorisation referred to in clause ( b) of the proviso to sub-section ( 1), shall
be in writing, shall be signed or otherwise attested by the husband, shall contain a statementto the effect that he has been informed of the allegations upon which the complaint is to be
founded, shall be countersigned by his Commanding Officer, and shall be accompanied bya certificate signed by that Officer to the effect that leave of absence for the purpose ofmaking a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the
provisions of sub-section ( 4), and any document purporting to be a certificate required by
that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall
be received in evidence.
(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya
Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his
own wife, the wife being under eighteen years of age, if more than one year has elapsed from
the date of the commission of the offence.Prosecution
for offencesagainstmarriage.
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(7) The provisions of this section apply to the abetment of, or attempt to commit, an
offence as they apply to the offence.
220. No Court shall take cognizance of an offence punishable under section 85 of the
Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such
offence or upon a complaint made by the person aggrieved by the offence or by her father,mother, brother, sister or by her father's or mother's brother or sister or, with the leave of theCourt, by any other person related to her by blood, marriage or adoption.
221. No Court shall take cognizance of an offence punishable under section 67 of the
Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon
prima facie satisfaction of the facts which constitute the offence upon a complaint having
been filed or made by the wife against the husband.
222. (1) No Court shall take cognizance of an offence punishable under section 356 of
the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved
by the offence:
Provided that where such person is a child, or is of unsound mind or is having
intellectual disability or is from sickness or infirmity unable to make a complaint, or is awoman who, according to the local customs and manners, ought not to be compelled toappear in public, some other person may, with the leave of the Court, make a complaint onhis or her behalf.
(2) Notwithstanding anything contained in this Sanhita, when any offence falling
under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed
against a person who, at the time of such commission, is the President of India, the
Vice-President of India, the Governor of a State, the Administrator of a Union territory or aMinister of the Union or of a State or of a Union territory, or any other public servantemployed in connection with the affairs of the Union or of a State in respect of his conductin the discharge of his public functions, a Court of Session may take cognizance of suchoffence, without the case being committed to it, upon a complaint in writing made by thePublic Prosecutor.
(3) Every complaint referred to in sub-section ( 2) shall set forth the facts which
constitute the offence alleged, the nature of such offence and such other particulars as arereasonably sufficient to give notice to the accused of the offence alleged to have beencommitted by him.
(4) No complaint under sub-section ( 2) shall be made by the Public Prosecutor except
with the previous sanction—
(a) of the State Government,—
(i) in the case of a person who is or has been the Governor of that State or
a Minister of that Government;
(ii) in the case of any other public servant employed in connection with
the affairs of the State;
(b) of the Central Government, in any other case.
(5) No Court of Session shall take cognizance of an offence under sub-section ( 2)
unless the complaint is made within six months from the date on which the offence is alleged
to have been committed.
(6) Nothing in this section shall affect the right of the person against whom the
offence is alleged to have been committed, to make a complaint in respect of that offence
before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance
of the offence upon such complaint.Prosecution of
offences undersection 85 ofBharatiyaNyayaSanhita, 2023.
Cognizance of
offence.
Prosecution
fordefamation.
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CHAPTER XVI
COMPLAINTS TO MAGISTRATES
223. (1) A Magistrate having jurisdiction while taking cognizance of an offence on
complaint shall examine upon oath the complainant and the witnesses present, if any, and
the substance of such examination shall be reduced to writing and shall be signed by thecomplainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without
giving the accused an opportunity of being heard:
Provided further that when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official
duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate
under section 212:
Provided also that if the Magistrate makes over the case to another Magistrate under
section 212 after examining the complainant and the witnesses, the latter Magistrate need
not re-examine them.
(2) A Magistrate shall not take cognizance on a complaint against a public servant for
any offence alleged to have been committed in course of the discharge of his officialfunctions or duties unless—
(a) such public servant is given an opportunity to make assertions as to the
situation that led to the incident so alleged; and
(b) a report containing facts and circumstances of the incident from the officer
superior to such public servant is received.
224. If the complaint is made to a Magistrate who is not competent to take cognizance
of the offence, he shall,—
(a) if the complaint is in writing, return it for presentation to the proper Court
with an endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.
225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is
authorised to take cognizance or which has been made over to him under section 212, may,
if he thinks fit, and shall, in a case where the accused is residing at a place beyond the areain which he exercises his jurisdiction, postpone the issue of process against the accused,and either inquire into the case himself or direct an investigation to be made by a police
officer or by such other person as he thinks fit, for the purpose of deciding whether or not
there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,—
(a) where it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant
and the witnesses present (if any) have been examined on oath under section 223.
(2) In an inquiry under sub-section ( 1), the Magistrate may, if he thinks fit, take
evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session, he shall call upon the complainant to produce all his
witnesses and examine them on oath.
(3) If an investigation under sub-section ( 1) is made by a person not being a police
officer, he shall have for that investigation all the powers conferred by this Sanhita on an
officer in charge of a police station except the power to arrest without warrant.Examinationof complainant.
Procedure by
Magistrate notcompetent totakecognizance ofcase.
Postponement
of issue ofprocess.
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226. If, after considering the statements on oath (if any) of the complainant and of the
witnesses and the result of the inquiry or investigation (if any) under section 225, the
Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismissthe complaint, and in every such case he shall briefly record his reasons for so doing.
CHAPTER XVII
C
OMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
227. (1) If in the opinion of a Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be—
(a) a summons-case, he shall issue summons to the accused for his
attendance; or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for
causing the accused to be brought or to appear at a certain time before such Magistrateor (if he has no jurisdiction himself) some other Magistrate having jurisdiction:
Provided that summons or warrants may also be issued through electronic means.
(2) No summons or warrant shall be issued against the accused under sub-section ( 1)
until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or
warrant issued under sub-section ( 1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are
payable, no process shall be issued until the fees are paid and, if such fees are not paid
within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 90.
228. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do,
dispense with the personal attendance of the accused and permit him to appear by hisadvocate.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any
stage of the proceedings, direct the personal attendance of the accused, and, if necessary,enforce such attendance in the manner hereinbefore provided.
229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the
case may be summarily disposed of under section 283 or section 284, the Magistrate shall,except where he is, for reasons to be recorded in writing of a contrary opinion, issuesummons to the accused requiring him either to appear in person or by an advocate beforethe Magistrate on a specified date, or if he desires to plead guilty to the charge withoutappearing before the Magistrate, to transmit before the specified date, by post or bymessenger to the Magistrate, the said plea in writing and the amount of fine specified in thesummons or if he desires to appear by an advocate and to plead guilty to the chargethrough such advocate, to authorise, in writing, the advocate to plead guilty to the chargeon his behalf and to pay the fine through such advocate:
Provided that the amount of the fine specified in such summons shall not exceed five
thousand rupees.
(2) For the purposes of this section, "petty offence" means any offence punishable
only with fine not exceeding five thousand rupees, but does not include any offence sopunishable under the Motor V ehicles Act, 1988, or under any other law which provides forconvicting the accused person in his absence on a plea of guilty.
(3) The State Government may, by notification, specially empower any Magistrate to
exercise the powers conferred by sub-section ( 1) in relation to any offence which is
compoundable under section 359 or any offence punishable with imprisonment for a term
not exceeding three months, or with fine, or with both where the Magistrate is of opinion
that, having regard to the facts and circumstances of the case, the imposition of fine only
would meet the ends of justice.Dismissal of
complaint.
Issue of
process.
Magistrate
may dispensewith personalattendance ofaccused.
Special
summons incases of pettyoffence.
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230. In any case where the proceeding has been instituted on a police report, the
Magistrate shall without delay, and in no case beyond fourteen days from the date of
production or appearance of the accused, furnish to the accused and the victim (if represented
by an advocate) free of cost, a copy of each of the following:—
(i) the police report;
(ii) the first information report recorded under section 173;
(iii) the statements recorded under sub-section ( 3) of section 180 of all persons
whom the prosecution proposes to examine as its witnesses, excluding therefrom any
part in regard to which a request for such exclusion has been made by the police
officer under sub-section ( 7) of section 193;
(iv) the confessions and statements, if any, recorded under section 183;
(v) any other document or relevant extract thereof forwarded to the Magistrate
with the police report under sub-section ( 6) of section 193:
Provided that the Magistrate may, after perusing any such part of a statement as is
referred to in clause ( iii) and considering the reasons given by the police officer for the
request, direct that a copy of that part of the statement or of such portion thereof as the
Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any such document is
voluminous, he shall, instead of furnishing the accused and the victim (if represented by an
advocate) with a copy thereof, may furnish the copies through electronic means or direct
that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly
furnished.
231. Where, in a case instituted otherwise than on a police report, it appears to the
Magistrate issuing process under section 227 that the offence is triable exclusively by theCourt of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copyof each of the following:—
(i) the statements recorded under section 223 or section 225, of all persons
examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 180 or
section 183;
(iii) any documents produced before the Magistrate on which the prosecution
proposes to rely:
Provided that if the Magistrate is satisfied that any such document is voluminous, he
shall, instead of furnishing the accused with a copy thereof, direct that he will only be
allowed to inspect it either personally or through an advocate in Court:
Provided further that supply of documents in electronic form shall be considered as
duly furnished.
232. When in a case instituted on a police report or otherwise, the accused appears or
is brought before the Magistrate and it appears to the Magistrate that the offence is triableexclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 230 or section 231
the case to the Court of Session, and subject to the provisions of this Sanhita relating
to bail, remand the accused to custody until such commitment has been made;
(b) subject to the provisions of this Sanhita relating to bail, remand the accused
to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if
any, which are to be produced in evidence;Supply toaccused ofcopy of policereport andotherdocuments.
Supply of
copies ofstatementsand documentsto accused inother casestriable byCourt ofSession.
Commitment
of case to Courtof Session whenoffence istriableexclusively byit.
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(d) notify the Public Prosecutor of the commitment of the case to the Court of
Session:
Provided that the proceedings under this section shall be completed within a period
of ninety days from the date of taking cognizance, and such period may be extended by the
Magistrate for a period not exceeding one hundred and eighty days for the reasons to berecorded in writing:
Provided further that any application filed before the Magistrate by the accused or
the victim or any person authorised by such person in a case triable by Court of Session,shall be forwarded to the Court of Session with the committal of the case.
233. (1) When in a case instituted otherwise than on a police report (hereinafter
referred to as a complaint case), it is made to appear to the Magistrate, during the course ofthe inquiry or trial held by him, that an investigation by the police is in progress in relationto the offence which is the subject-matter of the inquiry or trial held by him, the Magistrateshall stay the proceedings of such inquiry or trial and call for a report on the matter from thepolice officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 193 and on
such report cognizance of any offence is taken by the Magistrate against any person whois an accused in the complaint case, the Magistrate shall inquire into or try together thecomplaint case and the case arising out of the police report as if both the cases wereinstituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the
Magistrate does not take cognizance of any offence on the police report, he shall proceedwith the inquiry or trial, which was stayed by him, in accordance with the provisions of thisSanhita.
CHAPTER XVIII
T
HE CHARGE
A.—Form of charges
234. (1) Every charge under this Sanhita shall state the offence with which the accused
is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be
described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of
the definition of the offence must be stated as to give the accused notice of the matter withwhich he is charged.
(4) The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal
condition required by law to constitute the offence charged was fulfilled in the particularcase.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by
reason of such previous conviction, to enhanced punishment, or to punishment of a different
kind, for a subsequent offence, and it is intended to prove such previous conviction for the
purpose of affecting the punishment which the Court may think fit, to award for thesubsequent offence, the fact, date and place of the previous conviction shall be stated inthe charge; and if such statement has been omitted, the Court may add it at any time before
sentence is passed.
Illustrations.
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell
within the definition of murder given in sections 100 and 101 of the Bharatiya NyayaProcedure to
be followedwhen there isa complaintcase andpoliceinvestigationin respect ofsame offence.
Contents of
charge.
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Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita;
and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it didfall within Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under sub-section ( 2) of section 118 of the Bharatiya Nyaya
Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for
shooting. This is equivalent to a statement that the case was not provided for by
sub-section ( 2) of section 122 of the said Sanhita, and that the general exceptions did not
apply to it.
(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using
a false property-mark. The charge may state that A committed murder, orcheating, or theft, or extortion, or criminal intimidation, or that he used a false property-mark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya
Sanhita, 2023; but the sections under which the offence is punishable must, in each instance
be referred to in the charge.
(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with
intentionally obstructing a sale of property offered for sale by the lawful authority of a
public servant. The charge should be in those words.
235. (1) The charge shall contain such particulars as to the time and place of the
alleged offence, and the person (if any) against whom, or the thing (if any) in respect of
which, it was committed, as are reasonably sufficient to give the accused notice of the
matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to specify the
gross sum or, as the case may be, describe the movable property in respect of which the
offence is alleged to have been committed, and the dates between which the offence is
alleged to have been committed, without specifying particular items or exact dates, and the
charge so framed shall be deemed to be a charge of one offence within the meaning of
section 242:
Provided that the time included between the first and last of such dates shall not
exceed one year.
236. When the nature of the case is such that the particulars mentioned in
sections 234 and 235 do not give the accused sufficient notice of the matter with which heis charged, the charge shall also contain such particulars of the manner in which the allegedoffence was committed as will be sufficient for that purpose.
Illustrations.
(a) A is accused of the theft of a certain article at a certain time and place. The charge
need not set out the manner in which the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must set out the
manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must
set out that portion of the evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public
functions at a given time and place. The charge must set out the manner in whichA obstructed B in the discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not
state the manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from
punishment. The charge must set out the disobedience charged and the law infringed.
237. In every charge words used in describing an offence shall be deemed to have
been used in the sense attached to them respectively by the law under which such offenceis punishable.Particulars asto time, placeand person.
When mannerof committingoffence mustbe stated.
Words in charge
taken in sense oflaw under whichoffence ispunishable.
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238. No error in stating either the offence or the particulars required to be stated in the
charge, and no omission to state the offence or those particulars, shall be regarded at any
stage of the case as material, unless the accused was in fact misled by such error or omission,and it has occasioned a failure of justice.
Illustrations.
(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with "having
been in possession of counterfeit coin, having known at the time when he became possessedthereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge.Unless it appears that A was in fact misled by this omission, the error shall not be regardedas material.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out
in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own
account of the transaction. The Court may infer from this that the omission to set out the
manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out
in the charge. There were many transactions between A and B, and A had no means ofknowing to which of them the charge referred, and offered no defence. The Court may inferfrom such facts that the omission to set out the manner of the cheating was, in the case, amaterial error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the
murdered person's name was Haidar Baksh, and the date of the murder wasthe 20th January, 2023. A was never charged with any murder but one, and had heard the
inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The
Court may infer from these facts that A was not misled, and that the error in the charge wasimmaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and
Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. Whencharged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. Thewitnesses present in his defence were witnesses in the case of Haidar Baksh. The Courtmay infer from this that A was misled, and that the error was material.
239. (1) Any Court may alter or add to any charge at any time before judgment is
pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with
the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence orthe prosecutor in the conduct of the case, the Court may, in its discretion, after such
alteration or addition has been made, proceed with the trial as if the altered or added charge
had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is
likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid,the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of
which previous sanction is necessary, the case shall not be proceeded with until suchsanction is obtained, unless sanction has been already obtained for a prosecution on thesame facts as those on which the altered or added charge is founded.
240. Whenever a charge is altered or added to by the Court after the commencement
of the trial, the prosecutor and the accused shall be allowed—
(a) to recall or re-summon, and examine with reference to such alteration or
addition, any witness who may have been examined, unless the Court, for reasons tobe recorded in writing, considers that the prosecutor or the accused, as the case may
be, desires to recall or re-examine such witness for the purpose of vexation or delay or
for defeating the ends of justice;Effect of
errors.
Court may
alter charge.
Recall of
witnesseswhen chargealtered.
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(b) also to call any further witness whom the Court may think to be material.
B.—Joinder of charges
241. (1) For every distinct offence of which any person is accused there shall be a
separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and
the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the
Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section ( 1) shall affect the operation of the provisions of
sections 242, 243, 244 and 246.
Illustration.
A is accused of a theft on one occasion, and of causing grievous hurt on another
occasion. A must be separately charged and separately tried for the theft and causing
grievous hurt.
242. (1) When a person is accused of more offences than one of the same kind
committed within the space of twelve months from the first to the last of such offences,whether in respect of the same person or not, he may be charged with, and tried at one trialfor, any number of them not exceeding five.
(2) Offences are of the same kind when they are punishable with the same amount of
punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any specialor local law:
Provided that for the purposes of this section, an offence punishable under
sub-section ( 2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be
an offence of the same kind as an offence punishable under section 305 of the said Sanhita,and that an offence punishable under any section of the said Sanhita, or of any special orlocal law, shall be deemed to be an offence of the same kind as an attempt to commit suchoffence, when such an attempt is an offence.
243. (1) If, in one series of acts so connected together as to form the same transaction,
more offences than one are committed by the same person, he may be charged with, andtried at one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach of trust or
dishonest misappropriation of property as provided in sub-section ( 2) of section 235 or in
sub-section ( 1) of section 242, is accused of committing, for the purpose of facilitating or
concealing the commission of that offence or those offences, one or more offences offalsification of accounts, he may be charged with, and tried at one trial for, every such
offence.
(3) If the acts alleged constitute an offence falling within two or more separate definitions
of any law in force for the time being by which offences are defined or punished, the person
accused of them may be charged with, and tried at one trial for, each of such offences.
(4) If several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute when combined a different offence, the person accused ofthem may be charged with, and tried at one trial for the offence constituted by such actswhen combined, and for any offence constituted by any one, or more, of such acts.
(5) Nothing contained in this section shall affect section 9 of
the Bharatiya Nyaya Sanhita, 2023.
Illustrations to sub-section (1)
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to
C, a constable in whose custody B was. A may be charged with, and convicted of, offencesunder sub-section ( 2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023.
(b) A commits house-breaking by day with intent to commit rape, and commits, in the
house so entered, rape with B's wife. A may be separately charged with, and convicted of,offences under section 64 and sub-section ( 3) of section 331 of the Bharatiya Nyaya
Sanhita, 2023.Separate
charges fordistinctoffences.
Offences of
same kindwithin yearmay bechargedtogether.
Trial for more
than oneoffence.
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(c) A has in his possession several seals, knowing them to be counterfeit and intending
to use them for the purpose of committing several forgeries punishable under section 337 of
the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, thepossession of each seal under sub-section ( 2) of section 341 of the Bharatiya
Nyaya Sanhita, 2023.
(d) With intent to cause injury to B, A institutes a criminal proceeding against him,
knowing that there is no just or lawful ground for such proceeding, and also falsely accusesB of having committed an offence, knowing that there is no just or lawful ground for suchcharge. A may be separately charged with, and convicted of, two offences undersection 248 of the Bharatiya Nyaya Sanhita, 2023.
(e) A, with intent to cause injury to B, falsely accuses him of having committed an
offence, knowing that there is no just or lawful ground for such charge. On the trial, A givesfalse evidence against B, intending thereby to cause B to be convicted of a capital offence.A may be separately charged with, and convicted of, offences under sections 230 and 248of the Bharatiya Nyaya Sanhita, 2023.
(f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a
public servant endeavouring in the discharge of his duty as such to suppress the riot. A
may be separately charged with, and convicted of, offences under sub-section ( 2) of
section 117, sub-section ( 2) of section 191 and section 195 of the Bharatiya Nyaya
Sanhita, 2023.
(g) A threatens B, C and D at the same time with injury to their persons with intent to
cause alarm to them. A may be separately charged with, and convicted of, each of the three
offences under sub-sections ( 2) and ( 3) of section 351 of the Bharatiya Nyaya
Sanhita, 2023.
The separate charges referred to in illustrations (a) to ( g), respectively, may be tried
at the same time.
Illustrations to sub-section ( 3)
(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted
of, offences under sub-section ( 2) of section 115 and section 131 of the Bharatiya Nyaya
Sanhita, 2023.
(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen
property, for the purpose of concealing them. A and B thereupon voluntarily assist eachother to conceal the sacks at the bottom of a grain-pit. A and B may be separately chargedwith, and convicted of, offences under sub-sections ( 2) and ( 5) of section 317 of the Bharatiya
Nyaya Sanhita, 2023.
(j) A exposes her child with the knowledge that she is thereby likely to cause its death.
The child dies in consequence of such exposure. A may be separately charged with, andconvicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023.
(k) A dishonestly uses a forged document as genuine evidence, in order to convict B,
a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. Amay be separately charged with, and convicted of, offences under section 233 and
sub-section ( 2) of section 340 (read with section 337) of that Sanhita.
Illustration to sub-section ( 4)
(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be
separately charged with, and convicted of, offences under sub-section ( 2) of section 115
and sub-sections ( 2) and ( 4) of section 309 of the Bharatiya Nyaya Sanhita, 2023.
244. (1) If a single act or series of acts is of such a nature that it is doubtful which of
several offences the facts which can be proved will constitute, the accused may be charged
with having committed all or any of such offences, and any number of such charges may betried at once; or he may be charged in the alternative with having committed someone of thesaid offences.
Where it is
doubtful whatoffence hasbeencommitted.
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(2) If in such a case the accused is charged with one offence, and it
appears in
evidence that he committed a different offence for which he might have been charged under
the provisions of sub-section ( 1), he may be convicted of the offence which he is shown to
have committed, although he was not charged with it.
Illustrations.
(a) A is accused of an act which may amount to theft, or receiving stolen propert y, or
criminal breach of trust or cheating. He may be charged with theft, receiving stolen property,
criminal breach of trust and cheating, or he may be charged with having committed theft, or
receiving stolen property, or criminal breach of trust or cheating.
(b)
In the case mentioned, A is only charged with theft. It appears that he committed
the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted
of criminal breach of trust or of receiving stolen goods (as the case may be), though he was
not charged with such offence.
(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the
Sessions Court A states on oath that B never hit C. A may be charged in the alternative and
convicted of intentionally
giving false evidence, although it cannot be proved which of
these contradictory statements was false.
245. (1) When a person is charged with an offence consisting of several particulars,
a combination of some only of which constitutes a complete minor offence, and such
combination is proved, but the remaining particulars are not proved, he may be convicted of
the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it
to a minor offence, he may be convicted of the minor offence, although he is not charged
with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to
commit such offence although the attempt is not separately charged.
(4)
Nothing in this section shall be deemed to authorise a conviction of any minor
offence where the conditions requisite for the initiation of proceedings in respect of that
minor offence have not been satisfied.
Illustrations.
(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya
Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a
carrier. It appears, that he did commit criminal breach of trust under sub-section ( 2) of
section 316 of that Sanhita in respect of the property, but that it was not entrusted to him
as a car
rier. He may be convicted of criminal breach of trust under the said sub-section (2)
of section 316.
(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya
Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden
provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.
246. The following persons may be charged and tried together, namely:—
(a) persons accused of the same offence committed in the course of the same
transaction;
(b) persons accused of an offence and persons accused of abetment of, or
attempt to commit, such offence;
(c) persons accused of more than one offence of the same kind, within the
meaning of section 242 committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same
transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or
criminal misappropriatio n, and persons accused of receiving or retaining, or assisting
in the disposal or concealment of, p
roperty possession of which is alleged to haveWhen offence
provedincluded inoffencecharged.
What persons
may be
charged
jointly.
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been transferred by any such offence committed by the first-named persons, or of
abetment of or attempting to commit any such last-named offence;
(f) persons accused of offences under sub-sections ( 2) and ( 5) of section 317 of
the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolenproperty the possession of which has been transferred by one offence;
(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya
Sanhita, 2023 relating to counterfeit coin and persons accused of any other offenceunder the said Chapter relating to the same coin, or of abetment of or attempting tocommit any such offence; and the provisions contained in the former part of thisChapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences and
such persons do not fall within any of the categories specified in this section, the Magistrate
or Court of Session may, if such persons by an application in writing, so desire, and if he orit is satisfied that such persons would not be prejudicially affected thereby, and it is expedientso to do, try all such persons together.
247. When a charge containing more heads than one is framed against the same
person, and when a conviction has been had on one or more of them, the complainant, orthe officer conducting the prosecution, may, with the consent of the Court, withdraw theremaining charge or charges, or the Court of its own accord may stay the inquiry into, or trialof, such charge or charges and such withdrawal shall have the effect of an acquittal on suchcharge or charges, unless the conviction be set aside, in which case the said Court (subjectto the order of the Court setting aside the conviction) may proceed with the inquiry into, ortrial of, the charge or charges so withdrawn.
CHAPTER XIX
T
RIAL BEFORE A COURT OF SESSION
248. In every trial before a Court of Session, the prosecution shall be conducted by a
Public Prosecutor.
249. When the accused appears or is brought before the Court, in pursuance of a
commitment of the case under section 232, or under any other law for the time being in force,the prosecutor shall open his case by describing the charge brought against the accusedand stating by what evidence he proposes to prove the guilt of the accused.
250. (1) The accused may prefer an application for discharge within a period of
sixty days from the date of commitment of the case under section 232.
(2) If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and the prosecution in thisbehalf, the Judge considers that there is not sufficient ground for proceeding against theaccused, he shall discharge the accused and record his reasons for so doing.
251. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion
that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge
against the accused and, by order, transfer the case for trial to the
Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct
the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrateof the first class, on such date as he deems fit, and thereupon such Magistrate shalltry the offence in accordance with the procedure for the trial of warrant-cases institutedon a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against
the accused within a period of sixty days from the date of first hearing on charge.Withdrawal of
remainingcharges onconviction onone of severalcharges.
Trial to be
conducted byPublicProsecutor.
Opening case
forprosecution.
Discharge.
Framing of
charge.
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(2) Where the Judge frames any charge under clause ( b) of sub-section ( 1), the
charge shall be read and explained to the accused present either physically or through
audio-video electronic means and the accused shall be asked whether he pleads guilty ofthe offence charged or claims to be tried.
252. If the accused pleads guilty, the Judge shall record the plea and may, in his
discretion, convict him thereon.
253. If the accused refuses to plead, or does not plead, or claims to be tried or is not
convicted under section 252, the Judge shall fix a date for the examination of witnesses, andmay, on the application of the prosecution, issue any process for compelling the attendanceof any witness or the production of any document or other thing.
254. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may
be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by
audio-video electronic means.
(2) The deposition of evidence of any public servant may be taken through
audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to
be deferred until any other witness or witnesses have been examined or recall any witnessfor further cross-examination.
255. If, after taking the evidence for the prosecution, examining the accused and
hearing the prosecution and the defence on the point, the Judge considers that there is noevidence that the accused committed the offence, the Judge shall record an order of acquittal.
256. (1) Where the accused is not acquitted under section 255, he shall be called
upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance
of any witness or the production of any document or thing, the Judge shall issue suchprocess unless he considers, for reasons to be recorded, that such application should berefused on the ground that it is made for the purpose of vexation or delay or for defeatingthe ends of justice.
257. When the examination of the witnesses (if any) for the defence is complete, the
prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:
Provided that where any point of law is raised by the accused or his advocate, the
prosecution may, with the permission of the Judge, make his submissions with regard tosuch point of law.
258. (1) After hearing arguments and points of law (if any), the Judge shall give a
judgment in the case, as soon as possible, within a period of thirty days from the date ofcompletion of arguments, which may be extended to a period of forty-five days for reasonsto be recorded in writing.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance
with the provisions of section 401, hear the accused on the questions of sentence, and thenpass sentence on him according to law.
259. In a case where a previous conviction is charged under the provisions of
sub-section ( 7) of section 234, and the accused does not admit that he has been previously
convicted as alleged in the charge, the Judge may, after he has convicted the said accusedunder section 252 or section 258, take evidence in respect of the alleged previous conviction,and shall record a finding thereon:Conviction onplea of guilty.
Date for
prosecutionevidence.
Evidence for
prosecution.
Acquittal.
Entering upon
defence.
Arguments.
Judgment of
acquittal orconviction.
Previous
conviction.
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THE GAZETTE OF INDIA EXTRAORDINARY
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Provided that no such charge shall be read out by the Judge nor shall the accused be
asked to plead thereto nor shall the previous conviction be referred to by the prosecution
or in any evidence adduced by it, unless and until the accused has been convicted undersection 252 or section 258.
260. (1) A Court of Session taking cognizance of an offence under sub-section ( 2) of
section 222 shall try the case in accordance with the procedure for the trial of warrant-casesinstituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed
shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined
as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so
desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and
is of opinion that there was no reasonable cause for making the accusation against them or
any of them, it may, by its order of discharge or acquittal, direct the person against whomthe offence was alleged to have been committed (other than the President, theVice-Presidentor the Governor of a State or the Administrator of a Union territory) to show cause why heshould not pay compensation to such accused or to each or any of such accused, whenthere are more than one.
(4) The Court shall record and consider any cause which may be shown by the person
so directed, and if it is satisfied that there was no reasonable cause for making the accusation,
it may, for reasons to be recorded, make an order that compensation to such amount not
exceeding five thousand rupees, as it may determine, be paid by such person to the accusedor to each or any of them.
(5) Compensation awarded under sub-section ( 4) shall be recovered as if it were a fine
imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section ( 4)
shall, by reason of such order, be exempted from any civil or criminal liability in respect ofthe complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken
into account in awarding compensation to such person in any subsequent civil suit relatingto the same matter.
(7) The person who has been ordered under sub-section ( 4) to pay compensation
may appeal from the order, in so far as it relates to the payment of compensation, to the HighCourt.
(8) When an order for payment of compensation to an accused person is made, the
compensation shall not be paid to him before the period allowed for the presentation of theappeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
CHAPTER XX
T
RIAL OF WARRANT -CASES BY MAGISTRATES
A.—Cases instituted on a police report
261. When, in any warrant-case instituted on a police report, the accused appears or
is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfyhimself that he has complied with the provisions of section 230.
262. (1) The accused may prefer an application for discharge within a period of sixty
days from the date of supply of copies of documents under section 230.
(2) If, upon considering the police report and the documents sent with it under
section 193 and making such examination, if any, of the accused, either physically or throughaudio-video electronic means, as the Magistrate thinks necessary and after giving the
prosecution and the accused an opportunity of being heard, the Magistrate considers the
charge against the accused to be groundless, he shall discharge the accused, and recordhis reasons for so doing.Compliance
with section230.
When accusedshall bedischarged.Procedure incases institutedundersub-section ( 2)
of section 222.
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263. (1) If, upon such consideration, examination, if any, and hearing, the Magistrate
is of opinion that there is ground for presuming that the accused has committed an offence
triable under this Chapter, which such Magistrate is competent to try and which, in hisopinion, could be adequately punished by him, he shall frame in writing a charge against theaccused within a period of sixty days from the date of first hearing on charge.
(2) The charge shall then be read and explained to the accused, and he shall be asked
whether he pleads guilty of the offence charged or claims to be tried.
264. If the accused pleads guilty, the Magistrate shall record the plea and may, in his
discretion, convict him thereon.
265. (1) If the accused refuses to plead or does not plead, or claims to be tried or the
Magistrate does not convict the accused under section 264, the Magistrate shall fix a datefor the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of
witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to
any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may
be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be
deferred until any other witness or witnesses have been examined or recall any witness forfurther cross-examination:
Provided further that the examination of a witness under this sub-section may be
done by audio-video electronic means at the designated place to be notified by the State
Government.
266. (1) The accused shall then be called upon to enter upon his defence and produce
his evidence; and if the accused puts in any written statement, the Magistrate shall file it
with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to
issue any process for compelling the attendance of any witness for the purpose of examinationor cross-examination, or the production of any document or other thing, the Magistrateshall issue such process unless he considers that such application should be refused onthe ground that it is made for the purpose of vexation or delay or for defeating the ends ofjustice and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity of
cross-examining any witness before entering on his defence, the attendance of such witnessshall not be compelled under this section, unless the Magistrate is satisfied that it isnecessary for the ends of justice:
Provided further that the examination of a witness under this sub-section may be
done by audio-video electronic means at the designated place to be notified by the StateGovernment.
(3) The Magistrate may, before summoning any witness on an application under
sub-section ( 2), require that the reasonable expenses incurred by the witness in attending
for the purposes of the trial be deposited in Court.
B.—Cases instituted otherwise than on police report
267. (1) When, in any warrant-case instituted otherwise than on a police report, the
accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear theprosecution and take all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to
any of its witnesses directing him to attend or to produce any document or other thing.Framing ofcharge.
Conviction on
plea of guilty.
Evidence forprosecution.
Evidence fordefence.
Evidence forprosecution.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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268. (1) If, upon taking all the evidence referred to in section 267, the Magistrate
considers, for reasons to be recorded, that no case against the accused has been made out
which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging
the accused at any previous stage of the case if, for reasons to be recorded by suchMagistrate, he considers the charge to be groundless.
269. (1) If, when such evidence has been taken, or at any previous stage of the case,
the Magistrate is of opinion that there is ground for presuming that the accused hascommitted an offence triable under this Chapter, which such Magistrate is competent to tryand which, in his opinion, could be adequately punished by him, he shall frame in writing acharge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked
whether he pleads guilty or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his
discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the
accused is not convicted under sub-section ( 3), he shall be required to state, at the
commencement of the next hearing of the case, or, if the Magistrate for reasons to berecorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, ifso, which, of the witnesses for the prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled and, after
cross-examination and re-examination (if any), they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution shall next be taken,
and after cross-examination and re-examination (if any), they shall also be discharged.
(7) Where, despite giving opportunity to the prosecution and after taking all reasonable
measures under this Sanhita, if the attendance of the prosecution witnesses undersub-sections ( 5) and ( 6) cannot be secured for cross-examination, it shall be deemed that
such witness has not been examined for not being available, and the Magistrate may closethe prosecution evidence for reasons to be recorded in writing and proceed with the caseon the basis of the materials on record.
270. The accused shall then be called upon to enter upon his defence and produce
his evidence; and the provisions of section 266 shall apply to the case.
C.—Conclusion of trial
271. (1) If, in any case under this Chapter in which a charge has been framed, the
Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty,
but does not proceed in accordance with the provisions of section 364 or section 401, heshall, after hearing the accused on the question of sentence, pass sentence upon himaccording to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the
provisions of sub-section ( 7) of section 234 and the accused does not admit that he has
been previously convicted as alleged in the charge, the Magistrate may, after he has convictedthe said accused, take evidence in respect of the alleged previous conviction, and shallrecord a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the
accused be asked to plead thereto nor shall the previous conviction be referred to by theprosecution or in any evidence adduced by it, unless and until the accused has beenconvicted under sub-section ( 2).When accusedshall bedischarged.
Procedurewhere accusedis notdischarged.
Evidence fordefence.
Acquittal orconviction.
THE GAZETTE OF INDIA EXTRAORDINARY
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272. When the proceedings have been instituted upon complaint, and on any day
fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may after giving thirty days'time to the complainant to be present, in his discretion, notwithstanding anythinghereinbefore contained, at any time before the charge has been framed, discharge theaccused.
273. (1) If, in any case instituted upon complaint or upon information given to a
police officer or to a Magistrate, one or more persons is or are accused before a Magistrateof any offence triable by a Magistrate, and the Magistrate by whom the case is hearddischarges or acquits all or any of the accused, and is of opinion that there was no reasonableground for making the accusation against them or any of them, the Magistrate may, by hisorder of discharge or acquittal, if the person upon whose complaint or information theaccusation was made is present, call upon him forthwith to show cause why he should notpay compensation to such accused or to each or any of such accused when there are morethan one; or, if such person is not present, direct the issue of a summons to him to appearand show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or
informant may show, and if he is satisfied that there was no reasonable ground for makingthe accusation, may, for reasons to be recorded, make an order that compensation to suchamount, not exceeding the amount of fine he is empowered to impose, as he may determine,be paid by such complainant or informant to the accused or to each or any of them.
(3) The Magistrate may, by the order directing payment of the compensation under
sub-section ( 2), further order that, in default of payment, the person ordered to pay such
compensation shall undergo simple imprisonment for a period not exceeding thirty days.
(4) When any person is imprisoned under sub-section ( 3), the provisions of
sub-section ( 6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be,
apply.
(5) No person who has been directed to pay compensation under this section shall,
by reason of such order, be exempted from any civil or criminal liability in respect of thecomplaint made or information given by him:
Provided that any amount paid to an accused person under this section shall be taken
into account in awarding compensation to such person in any subsequent civil suit relatingto the same matter.
(6) A complainant or informant who has been ordered under sub-section ( 2) by a
Magistrate of the second class to pay compensation exceeding two thousand rupees, mayappeal from the order, as if such complainant or informant had been convicted on a trial heldby such Magistrate.
(7) When an order for payment of compensation to an accused person is made in a
case which is subject to appeal under sub-section ( 6), the compensation shall not be paid to
him before the period allowed for the presentation of the appeal has elapsed, or, if an appealis presented, before the appeal has been decided; and where such order is made in a casewhich is not so subject to appeal the compensation shall not be paid before the expirationof one month from the date of the order.
(8) The provisions of this section apply to summons-cases as well as to
warrant-cases.
CHAPTER XXI
T
RIAL OF SUMMONS -CASES BY MAGISTRATES
274. When in a summons-case the accused appears or is brought before the
Magistrate, the particulars of the offence of which he is accused shall be stated to him, andhe shall be asked whether he pleads guilty or has any defence to make, but it shall not benecessary to frame a formal charge:Absence ofcomplainant.
Compensation
for accusationwithoutreasonablecause.
Substance of
accusation tobe stated.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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Provided that if the Magistrate considers the accusation as groundless, he shall, after
recording reasons in writing, release the accused and such release shall have the effect of
discharge.
275. If the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the words used by the accused and may, in his discretion, convict him thereon.
276. (1) Where a summons has been issued under section 229 and the accused
desires to plead guilty to the charge without appearing before the Magistrate, he shalltransmit to the Magistrate, by post or by messenger, a letter containing his plea and also theamount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his
plea of guilty and sentence him to pay the fine specified in the summons, and the amounttransmitted by the accused shall be adjusted towards that fine, or where an advocateauthorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrateshall record the plea as nearly as possible in the words used by the advocate and may, in hisdiscretion, convict the accused on such plea and sentence him as aforesaid.
277. (1) If the Magistrate does not convict the accused under section 275 or
section 276, the Magistrate shall proceed to hear the prosecution and take all such evidenceas may be produced in support of the prosecution, and also to hear the accused and take allsuch evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the
accused, issue a summons to any witness directing him to attend or to produce any documentor other thing.
(3) The Magistrate may, before summoning any witness on such application, require
that the reasonable expenses of the witness incurred in attending for the purposes of thetrial be deposited in Court.
278. (1) If the Magistrate, upon taking the evidence referred to in section 277 and
such further evidence, if any, as he may, of his own motion, cause to be produced, finds theaccused not guilty, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of
section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon himaccording to law.
(3) A Magistrate may, under section 275 or section 278, convict the accused of any
offence triable under this Chapter, which from the facts admitted or proved he appears tohave committed, whatever may be the nature of the complaint or summons, if the Magistrateis satisfied that the accused would not be prejudiced thereby.
279. (1) If the summons has been issued on complaint, and on the day appointed for
the appearance of the accused, or any day subsequent thereto to which the hearing may beadjourned, the complainant does not appear, the Magistrate shall, after giving thirty days'time to the complainant to be present, notwithstanding anything hereinbefore contained,acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of thecase to some other day:
Provided that where the complainant is represented by an advocate or by the officer
conducting the prosecution or where the Magistrate is of opinion that the personalattendance of the complainant is not necessary, the Magistrate may, dispense with hisattendance and proceed with the case.
(2) The provisions of sub-section ( 1) shall, so far as may be, apply also to cases
where the non-appearance of the complainant is due to his death.
280. If a complainant, at any time before a final order is passed in any case under this
Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him towithdraw his complaint against the accused, or if there be more than one accused, againstall or any of them, the Magistrate may permit him to withdraw the same, and shall thereuponacquit the accused against whom the complaint is so withdrawn.Conviction onplea of guilty.
Conviction on
plea of guiltyin absence ofaccused inpetty cases.
Procedure
when notconvicted.
Acquittal or
conviction.
Non-appearance
or death ofcomplainant.
Withdrawal ofcomplaint.
THE GAZETTE OF INDIA EXTRAORDINARY
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281. In any summons-case instituted otherwise than upon complaint, a Magistrate of
the first class or, with the previous sanction of the Chief Judicial Magistrate, any other
Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at anystage without pronouncing any judgment and where such stoppage of proceedings is madeafter the evidence of the principal witnesses has been recorded, pronounce a judgment ofacquittal, and in any other case, release the accused, and such release shall have the effectof discharge.
282. When in the course of the trial of a summons-case relating to an offence punishable
with imprisonment for a term exceeding six months, it appears to the Magistrate that in theinterests of justice, the offence should be tried in accordance with the procedure for the trialof warrant-cases, such Magistrate may proceed to re-hear the case in the manner providedby this Sanhita for the trial of warrant-cases and may recall any witness who may have beenexamined.
CHAPTER XXII
S
UMMARY TRIALS
283. (1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:—
(i) theft, under sub-section ( 2) of section 303, section 305 or section 306 of the
Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceedtwenty thousand rupees;
(ii) receiving or retaining stolen property, under sub-section ( 2) of section 317
of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does notexceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under
sub-section ( 5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value
of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections ( 2) and ( 3) of section 331 of the Bharatiya
Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and
criminal intimidation, under sub-sections ( 2) and ( 3) of section 351 of the Bharatiya
Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is
an offence;
(viii) any offence constituted by an act in respect of which a complaint may be
made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being
heard, for reasons to be recorded in writing, try in a summary way all or any of the offences
not punishable with death or imprisonment for life or imprisonment for a term exceedingthree years:
Provided that no appeal shall lie against the decision of a Magistrate to try a case in
a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature
of the case is such that it is undesirable to try it summarily, the Magistrate shall recall anywitnesses who may have been examined and proceed to re-hear the case in the mannerprovided by this Sanhita.Power to stopproceedings incertain cases.
Power ofCourt toconvertsummons-cases intowarrant-cases.
Power to trysummarily.
1 of 1871.
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THE GAZETTE OF INDIA EXTRAORDINARY
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284. The High Court may confer on any Magistrate invested with the powers of a
Magistrate of the second class power to try summarily any offence which is punishable
only with fine or with imprisonment for a term not exceeding six months with or without fine,and any abetment of or attempt to commit any such offence.
285. (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial
of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in
the case of any conviction under this Chapter.
286. In every case tried summarily, the Magistrate shall enter, in such form as the
State Government may direct, the following particulars, namely:—
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and in cases
coming under clause ( i), clause (ii ) or clause ( iii) of sub-section (1 ) of section 283, the
value of the property in respect of which the offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order;
(j) the date on which proceedings terminated.
287. In every case tried summarily in which the accused does not plead guilty, the
Magistrate shall record the substance of the evidence and a judgment containing a brief
statement of the reasons for the finding.
288. (1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily
to prepare the aforesaid record or judgment or both by means of an officer appointed in thisbehalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be
signed by such Magistrate.
CHAPTER XXIII
P
LEA BARGAINING
289. (1) This Chapter shall apply in respect of an accused against whom—
(a) the report has been forwarded by the officer in charge of the police station
under section 193 alleging therein that an offence appears to have been committed byhim other than an offence for which the punishment of death or of imprisonment for
life or of imprisonment for a term exceeding seven years has been provided under the
law for the time being in force; or
(b) a Magistrate has taken cognizance of an offence on complaint, other than an
offence for which the punishment of death or of imprisonment for life or of imprisonment
for a term exceeding seven years, has been provided under the law for the time being
in force, and after examining complainant and witnesses under section 223, issued the
process under section 227,Summary trialby Magistrateof secondclass.
Procedure forsummarytrials.
Record insummarytrials.
Judgment incases triedsummarily.
Language of
record andjudgment.
Application ofChapter.
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but does not apply where such offence affects the socio-economic condition of the country
or has been committed against a woman, or a child.
(2) For the purposes of sub-section ( 1), the Central Government shall, by notification,
determine the offences under the law for the time being in force which shall be the offencesaffecting the socio-economic condition of the country.
290. (1) A person accused of an offence may file an application for plea bargaining
within a period of thirty days from the date of framing of charge in the Court in which suchoffence is pending for trial.
(2) The application under sub-section ( 1) shall contain a brief description of the case
relating to which the application is filed including the offence to which the case relates andshall be accompanied by an affidavit sworn by the accused stating therein that he hasvoluntarily preferred, after understanding the nature and extent of punishment providedunder the law for the offence, the plea bargaining in his case and that he has not previouslybeen convicted by a Court in which he had been charged with the same offence.
(3) After receiving the application under sub-section ( 1), the Court shall issue notice
to the Public Prosecutor or the complainant of the case and to the accused to appear on thedate fixed for the case.
(4) When the Public Prosecutor or the complainant of the case and the accused
appear on the date fixed under sub-section ( 3), the Court shall examine the accused
in camera , where the other party in the case shall not be present, to satisfy itself that the
accused has filed the application voluntarily and where—
(a) the Court is satisfied that the application has been filed by the accused
voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor orthe complainant of the case and the accused to work out a mutually satisfactorydisposition of the case which may include giving to the victim by the accused thecompensation and other expenses during the case and thereafter fix the date forfurther hearing of the case;
(b) the Court finds that the application has been filed involuntarily by the
accused or he has previously been convicted by a Court in a case in which he hadbeen charged with the same offence, it shall proceed further in accordance with theprovisions of this Sanhita from the stage such application has been filed undersub-section ( 1).
291. In working out a mutually satisfactory disposition under clause ( a) of
sub-section ( 4) of section 290, the Court shall follow the following procedure, namely:—
(a) in a case instituted on a police report, the Court shall issue notice to the
Public Prosecutor, the police officer who has investigated the case, the accused andthe victim of the case to participate in the meeting to work out a satisfactory dispositionof the case:
Provided that throughout such process of working out a satisfactory disposition
of the case, it shall be the duty of the Court to ensure that the entire process iscompleted voluntarily by the parties participating in the meeting:
Provided further that the accused, if he so desires, may participate in such
meeting with his advocate, if any, engaged in the case;
(b) in a case instituted otherwise than on police report, the Court shall issue
notice to the accused and the victim of the case to participate in a meeting to work outa satisfactory disposition of the case:
Provided that it shall be the duty of the Court to ensure, throughout such
process of working out a satisfactory disposition of the case, that it is completedvoluntarily by the parties participating in the meeting:Applicationfor pleabargaining.
Guidelines formutuallysatisfactorydisposition.
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Provided further that if the victim of the case or the accused so desires, he may
participate in such meeting with his advocate engaged in the case.
292. Where in a meeting under section 291, a satisfactory disposition of the case has
been worked out, the Court shall prepare a report of such disposition which shall be signed
by the presiding officer of the Court and all other persons who participated in the meetingand if no such disposition has been worked out, the Court shall record such observationand proceed further in accordance with the provisions of this Sanhita from the stage theapplication under sub-section ( 1) of section 290 has been filed in such case.
293. Where a satisfactory disposition of the case has been worked out under
section 292, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the
disposition under section 292 and hear the parties on the quantum of the punishment,releasing of the accused on probation of good conduct or after admonition undersection 401 or for dealing with the accused under the provisions of the Probation ofOffenders Act, 1958 or any other law for the time being in force and follow the procedurespecified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause ( a), if the Court is of the view that
section 401 or the provisions of the Probation of Offenders Act, 1958 or any other lawfor the time being in force are attracted in the case of the accused, it may release theaccused on probation or provide the benefit of any such law;
(c) after hearing the parties under clause ( b), if the Court finds that minimum
punishment has been provided under the law for the offence committed by the accused,it may sentence the accused to half of such minimum punishment, and where theaccused is a first-time offender and has not been convicted of any offence in the past,it may sentence the accused to one-fourth of such minimum punishment;
(d) in case after hearing the parties under clause ( b), the Court finds that the
offence committed by the accused is not covered under clause ( b) or clause ( c), then,
it may sentence the accused to one-fourth of the punishment provided or extendablefor such offence and where the accused is a first-time offender and has not beenconvicted of any offence in the past, it may sentence the accused to one-sixth of the
punishment provided or extendable, for such offence.
294. The Court shall deliver its judgment in terms of section 293 in the open Court and
the same shall be signed by the presiding officer of the Court.
295. The judgment delivered by the Court under this section shall be final and no
appeal (except the special leave petition under article 136 and writ petition under articles 226
and 227 of the Constitution) shall lie in any Court against such judgment.
296. A Court shall have, for the purposes of discharging its functions under this
Chapter, all the powers vested in respect of bail, trial of offences and other matters relatingto the disposal of a case in such Court under this Sanhita.
297. The provisions of section 468 shall apply, for setting off the period of detention
undergone by the accused against the sentence of imprisonment imposed under this Chapter,in the same manner as they apply in respect of the imprisonment under other provisions ofthis Sanhita.
298. The provisions of this Chapter shall have effect notwithstanding anything
inconsistent therewith contained in any other provisions of this Sanhita and nothing insuch other provisions shall be construed to constrain the meaning of any provision of thisChapter.Report ofmutuallysatisfactorydisposition tobe submittedbefore Court.
Disposal ofcase.
Judgment ofCourt.
Finality ofjudgment.
Power ofCourt in pleabargaining.
Period ofdetentionundergone byaccused to beset off againstsentence ofimprisonment.
Savings.20 of 1958.20 of 1958.
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Explanation .—For the purposes of this Chapter, the expression "Public Prosecutor"
has the meaning assigned to it under clause ( v) of section 2 and includes an Assistant
Public Prosecutor appointed under section 19.
299. Notwithstanding anything contained in any law for the time being in force, the
statements or facts stated by an accused in an application for plea bargaining filed under
section 290 shall not be used for any other purpose except for the purpose of this Chapter.
300. Nothing in this Chapter shall apply to any juvenile or child as defined in section 2
of the Juvenile Justice (Care and Protection of Children) Act, 2015.
CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
301. In this Chapter,—
(a) "detained" includes detained under any law providing for preventive
detention;
(b) "prison" includes,—
(i) any place which has been declared by the State Government, by general
or special order, to be a subsidiary jail;
(ii) any reformatory, Borstal institution or other institution of a like nature.
302. (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita,
it appears to a Criminal Court,—
(a) that a person confined or detained in a prison should be brought before the
Court for answering to a charge of an offence, or for the purpose of any proceedings
against him; or
(b) that it is necessary for the ends of justice to examine such person as a
witness,
the Court may make an order requiring the officer in charge of the prison to produce such
person before the Court answering to the charge or for the purpose of such proceeding orfor giving evidence.
(2) Where an order under sub-section ( 1) is made by a Magistrate of the second class,
it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it iscountersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section ( 2) shall be
accompanied by a statement of the facts which, in the opinion of the Magistrate, render theorder necessary, and the Chief Judicial Magistrate to whom it is submitted may, afterconsidering such statement, decline to countersign the order.
303. (1) The State Government or the Central Government, as the case may be, may, at
any time, having regard to the matters specified in sub-section ( 2), by general or special
order, direct that any person or class of persons shall not be removed from the prison inwhich he or they may be confined or detained, and thereupon, so long as the order remainsin force, no order made under section 302, whether before or after the order of the StateGovernment or the Central Government, shall have effect in respect of such person or classof persons.
(2) Before making an order under sub-section ( 1), the State Government or the Central
Government in the cases instituted by its central agency, as the case may be, shall haveregard to the following matters, namely:—
(a) the nature of the offence for which, or the grounds on which, the person or
class of persons has been ordered to be confined or detained in prison;Statements ofaccused not tobe used.
Non-
application ofChapter.
Definitions.
Power torequireattendance ofprisoners.
Power of State
Governmentor CentralGovernmentto excludecertainpersons fromoperation ofsection 302.2 of 2016.
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(b) the likelihood of the disturbance of public order if the person or class of
persons is allowed to be removed from the prison;
(c) the public interest, generally.
304. Where the person in respect of whom an order is made under section 302—
(a) is by reason of sickness or infirmity unfit to be removed from the prison; or
(b) is under committal for trial or under remand pending trial or pending a
preliminary investigation; or
(c) is in custody for a period which would expire before the expiration of the time
required for complying with the order and for taking him back to the prison in which
he is confined or detained; or
(d) is a person to whom an order made by the State Government or the Central
Government under section 303 applies,
the officer in charge of the prison shall abstain from carrying out the Court's order and shallsend to the Court a statement of reasons for so abstaining:
Provided that where the attendance of such person is required for giving evidence at
a place not more than twenty-five kilometres distance from the prison, the officer in chargeof the prison shall not so abstain for the reason mentioned in clause ( b).
305. Subject to the provisions of section 304, the officer in charge of the prison shall,
upon delivery of an order made under sub-section ( 1) of section 302 and duly countersigned,
where necessary, under sub-section ( 2) thereof, cause the person named in the order to be
taken to the Court in which his attendance is required, so as to be present there at the timementioned in the order, and shall cause him to be kept in custody in or near the Court untilhe has been examined or until the Court authorises him to be taken back to the prison inwhich he was confined or detained.
306. The provisions of this Chapter shall be without prejudice to the power of the
Court to issue, under section 319, a commission for the examination, as a witness, of anyperson confined or detained in a prison; and the provisions of Part B of Chapter XXV shallapply in relation to the examination on commission of any such person in the prison as theyapply in relation to the examination on commission of any other person.
CHAPTER XXV
E
VIDENCE IN INQUIRIES AND TRIALS
A.—Mode of taking and recording evidence
307. The State Government may determine what shall be, for purposes of this Sanhita,
the language of each Court within the State other than the High Court.
308. Except as otherwise expressly provided, all evidence taken in the course of the
trial or other proceeding shall be taken in the presence of the accused, or, when his personalattendance is dispensed with, in the presence of his advocate including throughaudio-video electronic means at the designated place to be notified by the State Government:
Provided that where the evidence of a woman below the age of eighteen years who is
alleged to have been subjected to rape or any other sexual offence, is to be recorded, theCourt may take appropriate measures to ensure that such woman is not confronted by theaccused while at the same time ensuring the right of cross-examination of the accused.
Explanation .—In this section, "accused" includes a person in relation to whom any
proceeding under Chapter IX has been commenced under this Sanhita.
309. (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164
to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the courseof a trial, the Magistrate shall, as the examination of each witness proceeds, make amemorandum of the substance of the evidence in the language of the Court:Officer incharge ofprison toabstain fromcarrying outorder incertaincontingencies.
Prisoner to bebrought toCourt incustody.
Power to issue
commissionforexaminationof witness inprison.
Language of
Courts.
Evidence to be
taken inpresence ofaccused.
Record in
summons-cases andinquiries.
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Provided that if the Magistrate is unable to make such memorandum himself, he shall,
after recording the reason of his inability, cause such memorandum to be made in writing or
from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the
record.
310. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness
shall, as his examination proceeds, be taken down in writing either by the Magistrate himselfor by his dictation in open Court or, where he is unable to do so owing to a physical or otherincapacity, under his direction and superintendence, by an officer of the Court appointedby him in this behalf:
Provided that evidence of a witness under this sub-section may also be recorded by
audio-video electronic means in the presence of the advocate of the person accused of theoffence.
(2) Where the Magistrate causes the evidence to be taken down, he shall record a
certificate that the evidence could not be taken down by himself for the reasons referred toin sub-section ( 1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the
Magistrate may, in his discretion take down, or cause to be taken down, any part of suchevidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part
of the record.
311. (1) In all trials before a Court of Session, the evidence of each witness shall, as
his examination proceeds, be taken down in writing either by the presiding Judge himself orby his dictation in open Court, or under his direction and superintendence, by an officer ofthe Court appointed by him in this behalf.
(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the
presiding Judge may, in his discretion, take down, or cause to be taken down, any part ofsuch evidence in the form of question and answer.
(3) The evidence so taken down shall be signed by the presiding Judge and shall form
part of the record.
312. In every case where evidence is taken down under section 310 or section 311,—
(a) if the witness gives evidence in the language of the Court, it shall be taken
down in that language;
(b) if he gives evidence in any other language, it may, if practicable, be taken
down in that language, and if it is not practicable to do so, a true translation of theevidence in the language of the Court shall be prepared as the examination of thewitness proceeds, signed by the Magistrate or presiding Judge, and shall form part ofthe record;
(c) where under clause ( b) evidence is taken down in a language other than the
language of the Court, a true translation thereof in the language of the Court shall beprepared as soon as practicable, signed by the Magistrate or presiding Judge, andshall form part of the record:
Provided that when under clause ( b) evidence is taken down in English and a
translation thereof in the language of the Court is not required by any of the parties,the Court may dispense with such translation.
313. (1) As the evidence of each witness taken under section 310 or section 311 is
completed, it shall be read over to him in the presence of the accused, if in attendance, or of
his advocate, if he appears by an advocate, and shall, if necessary, be corrected.Record inwarrant-cases.
Record in trial
before Courtof Session.
Language of
record ofevidence.
Procedure inregard to suchevidence whencompleted.
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(2) If the witness denies the correctness of any part of the evidence when the same is
read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence,
make a memorandum thereon of the objection made to it by the witness and shall add suchremarks as he thinks necessary.
(3) If the record of the evidence is in a language different from that in which it has
been given and the witness does not understand that language, the record shall be interpretedto him in the language in which it was given, or in a language which he understands.
314. (1) Whenever any evidence is given in a language not understood by the accused,
and he is present in Court in person, it shall be interpreted to him in open Court in alanguage understood by him.
(2) If he appears by an advocate and the evidence is given in a language other than
the language of the Court, and not understood by the advocate, it shall be interpreted tosuch advocate in that language.
(3) When documents are put for the purpose of formal proof, it shall be in the discretion
of the Court to interpret as much thereof as appears necessary.
315. When a presiding Judge or Magistrate has recorded the evidence of a witness,
he shall also record such remarks (if any) as he thinks material respecting the demeanour ofsuch witness whilst under examination.
316. (1) Whenever the accused is examined by any Magistrate, or by a Court of
Session, the whole of such examination, including every question put to him and everyanswer given by him, shall be recorded in full by the presiding Judge or Magistrate himselfor where he is unable to do so owing to a physical or other incapacity, under his directionand superintendence by an officer of the Court appointed by him in this behalf.
(2) The record shall, if practicable, be in the language in which the accused is examined
or, if that is not practicable, in the language of the Court.
(3) The record shall be shown or read to the accused, or, if he does not understand the
language in which it is written, shall be interpreted to him in a language which he understands,and he shall be at liberty to explain or add to his answers.
(4) It shall thereafter be signed by the accused and by the Magistrate or presiding
Judge, who shall certify under his own hand that the examination was taken in his presenceand hearing and that the record contains a full and true account of the statement made bythe accused:
Provided that where the accused is in custody and is examined through electronic
communication, his signature shall be taken within seventy-two hours of such examination.
(5) Nothing in this section shall be deemed to apply to the examination of an accused
person in the course of a summary trial.
317. When the services of an interpreter are required by any Criminal Court for the
interpretation of any evidence or statement, he shall be bound to state the true interpretationof such evidence or statement.
318. Every High Court may, by general rule, prescribe the manner in which the evidence
of witnesses and the examination of the accused shall be taken down in cases comingbefore it, and such evidence and examination shall be taken down in accordance with suchrule.
B.—Commissions for the examination of witnesses
319. (1) Whenever, in the course of any inquiry, trial or other proceeding under this
Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessaryfor the ends of justice, and that the attendance of such witness cannot be procured withoutan amount of delay, expense or inconvenience which, under the circumstances of the case,Interpretationof evidence toaccused or hisadvocate.
Remarksrespectingdemeanour ofwitness.
Record of
examinationof accused.
Interpreter to
be bound tointerprettruthfully.
Record in
High Court.
When
attendance ofwitness may bedispensed withand commissionissued.
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would be unreasonable, the Court or Magistrate may dispense with such attendance and
may issue a commission for the examination of the witness in accordance with the provisionsof this Chapter:
Provided that where the examination of the President or the Vice-President of India or
the Governor of a State or the Administrator of a Union territory as a witness is necessaryfor the ends of justice, a commission shall be issued for the examination of such a witness.
(2) The Court may, when issuing a commission for the examination of a witness for the
prosecution, direct that such amount as the Court considers reasonable to meet the expensesof the accused, including the advocate's fees, be paid by the prosecution.
320. (1) If the witness is within the territories to which this Sanhita extends, the
commission shall be directed to the Chief Judicial Magistrate within whose local jurisdictionthe witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Sanhita does not
extend, the commission shall be directed to such Court or officer as the Central Governmentmay, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements have been
made by the Central Government with the Government of such country or place for takingthe evidence of witnesses in relation to criminal matters, the commission shall be issued insuch form, directed to such Court or officer, and sent to such authority for transmission asthe Central Government may, by notification, prescribe in this behalf.
321. Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate
as he may appoint in this behalf, shall summon the witness before him or proceed to theplace where the witness is, and shall take down his evidence in the same manner, and mayfor this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.
322. (1) The parties to any proceeding under this Sanhita in which a commission is
issued may respectively forward any interrogatories in writing which the Court or Magistratedirecting the commission may think relevant to the issue, and it shall be lawful for theMagistrate, Court or officer to whom the commission, is directed, or to whom the duty ofexecuting it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate, Court or Officer by an advocate,
or if not in custody, in person, and may examine, cross-examine and re-examine the saidwitness.
323. (1) After any commission issued under section 319 has been duly executed, it
shall be returned, together with the deposition of the witness examined thereunder, to theCourt or Magistrate issuing the commission; and the commission, the return thereto andthe deposition shall be open at all reasonable times to inspection of the parties, and may,subject to all just exceptions, be read in evidence in the case by either party, and shall formpart of the record.
(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of
the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequentstage of the case before another Court.
324. In every case in which a commission is issued under section 319, the inquiry, trial
or other proceeding may be adjourned for a specified time reasonably sufficient for theexecution and return of the commission.
325. (1) The provisions of section 321 and so much of section 322 and section 323 as
relate to the execution of a commission and its return shall apply in respect of commissionsissued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply tocommissions issued under section 319.Commissionto whom to beissued.
Execution ofcommissions.
Parties may
examinewitnesses.
Return ofcommission.
Adjournmentof proceeding.
Execution of
foreigncommissions.
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(2) The Courts, Judges and Magistrates referred to in sub-section ( 1) are—
(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in
India to which this Sanhita does not extend, as the Central Government may, by
notification, specify in this behalf;
(b) any Court, Judge or Magistrate exercising jurisdiction in any such country
or place outside India, as the Central Government may, by notification, specify in thisbehalf, and having authority, under the law in force in that country or place, to issuecommissions for the examination of witnesses in relation to criminal matters.
326. (1) The deposition of a civil surgeon or other medical witness, taken and attested
by a Magistrate in the presence of the accused, or taken on commission under this Chapter,
may be given in evidence in any inquiry, trial or other proceeding under this Sanhita,although the deponent is not called as a witness.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or
the accused, summon and examine any such deponent as to the subject-matter of hisdeposition.
327. (1) Any document purporting to be a report of identification under the hand of
an Executive Magistrate in respect of a person or property may be used as evidence in anyinquiry, trial or other proceeding under this Sanhita, although such Magistrate is not calledas a witness:
Provided that where such report contains a statement of any suspect or witness to
which the provisions of section 19, section 26, section 27, section 158 or section 160 of theBharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under thissub-section except in accordance with the provisions of those sections.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of
the accused, summon and examine such Magistrate as to the subject-matter of the saidreport.
328. (1) Any document purporting to be a report under the hand of a gazetted officer
of any Mint or of any Note Printing Press or of any Security Printing Press (including theofficer of the Controller of Stamps and Stationery) or of any Forensic Department or Divisionof Forensic Science Laboratory or any Government Examiner of Questioned Documents orany State Examiner of Questioned Documents as the Central Government may, bynotification, specify in this behalf, upon any matter or thing duly submitted to him forexamination and report in the course of any proceeding under this Sanhita, may be used asevidence in any inquiry, trial or other proceeding under this Sanhita, although such officeris not called as a witness.
(2) The Court may, if it thinks fit, summon and examine any such officer as to the
subject-matter of his report:
Provided that no such officer shall be summoned to produce any records on which
the report is based.
(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya
Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the GeneralManager or any officer in charge of any Mint or of any Note Printing Press or of anySecurity Printing Press or of any Forensic Department or any officer in charge of the ForensicScience Laboratory or of the Government Examiner of Questioned Documents Organisationor of the State Examiner of Questioned Documents Organisation be permitted—
(a) to give any evidence derived from any unpublished official records on
which the report is based; orDeposition ofmedicalwitness.
Identificationreport ofMagistrate.
Evidence ofofficers ofMint.
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(b) to disclose the nature or particulars of any test applied by him in the course
of the examination of the matter or thing.
329. (1) Any document purporting to be a report under the hand of a Government
scientific expert to whom this section applies, upon any matter or thing duly submitted to
him for examination or analysis and report in the course of any proceeding under thisSanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.
(2) The Court may, if it thinks fit, summon and examine any such expert as to the
subject-matter of his report.
(3) Where any such expert is summoned by a Court, and he is unable to attend
personally, he may, unless the Court has expressly directed him to appear personally, deputeany responsible officer working with him to attend the Court, if such officer is conversantwith the facts of the case and can satisfactorily depose in Court on his behalf.
(4) This section applies to the following Government scientific experts, namely:—
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
(b) the Chief Controller of Explosives;
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director, Deputy Director or Assistant Director of a Central Forensic
Science Laboratory or a State Forensic Science Laboratory;
(f) the Serologist to the Government;
(g) any other scientific expert specified or certified, by notification, by the State
Government or the Central Government for this purpose.
330. (1) Where any document is filed before any Court by the prosecution or the
accused, the particulars of every such document shall be included in a list and the prosecution
or the accused or the advocate for the prosecution or the accused, if any, shall be calledupon to admit or deny the genuineness of each such document soon after supply of suchdocuments and in no case later than thirty days after such supply:
Provided that the Court may, in its discretion, relax the time limit with reasons to be
recorded in writing:
Provided further that no expert shall be called to appear before the Court unless the
report of such expert is disputed by any of the parties to the trial.
(2) The list of documents shall be in such form as the State Government may, by rules,
provide.
(3) Where the genuineness of any document is not disputed, such document may be
read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof ofthe signature of the person by whom it purports to be signed:
Provided that the Court may, in its discretion, require such signature to be proved.
331. When any application is made to any Court in the course of any inquiry, trial or
other proceeding under this Sanhita, and allegations are made therein respecting any public
servant, the applicant may give evidence of the facts alleged in the application by affidavit,and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
332. (1) The evidence of any person whose evidence is of a formal character may be
given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry,trial or other proceeding under this Sanhita.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or
the accused, summon and examine any such person as to the facts contained in his affidavit.Reports ofcertainGovernmentscientificexperts.
No formalproof ofcertaindocuments.
Evidence offormalcharacter onaffidavit.Affidavit inproof ofconduct ofpublicservants.
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333. (1) Affidavits to be used before any Court under this Sanhita may be sworn or
affirmed before—
(a) any Judge or Judicial or Executive Magistrate; or
(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or
(c) any notary appointed under the Notaries Act, 1952.
(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent
is able to prove from his own knowledge and such facts as he has reasonable ground to
believe to be true, and in the latter case, the deponent shall clearly state the grounds of such
belief.
(3) The Court may order any scandalous and irrelevant matter in the affidavit to be
struck out or amended.
334. In any inquiry, trial or other proceeding under this Sanhita, a previous conviction
or acquittal may be proved, in addition to any other mode provided by any law for the time
being in force,—
(a) by an extract certified under the hand of the officer having the custody of
the records of the Court in which such conviction or acquittal was held, to be a copy
of the sentence or order; or
(b) in case of a conviction, either by a certificate signed by the officer in charge
of the jail in which the punishment or any part thereof was undergone, or by productionof the warrant of commitment under which the punishment was suffered,
together with, in each of such cases, evidence as to the identity of the accused person with
the person so convicted or acquitted.
335. (1) If it is proved that an accused person has absconded, and that there is no
immediate prospect of arresting him, the Court competent to try, or commit for trial, such
person for the offence complained of may, in his absence, examine the witnesses (if any)produced on behalf of the prosecution, and record their depositions and any such depositionmay, on the arrest of such person, be given in evidence against him on the inquiry into, or
trial for, the offence with which he is charged, if the deponent is dead or incapable of giving
evidence or cannot be found or his presence cannot be procured without an amount ofdelay, expense or inconvenience which, under the circumstances of the case, would beunreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has
been committed by some person or persons unknown, the High Court or the SessionsJudge may direct that any Magistrate of the first class shall hold an inquiry and examine any
witnesses who can give evidence concerning the offence and any depositions so taken
may be given in evidence against any person who is subsequently accused of the offence,if the deponent is dead or incapable of giving evidence or beyond the limits of India.
336. Where any document or report prepared by a public servant, scientific expert or
medical officer is purported to be used as evidence in any inquiry, trial or other proceedingunder this Sanhita, and—
(i) such public servant, expert or officer is either transferred, retired, or died; or
(ii) such public servant, expert or officer cannot be found or is incapable of
giving deposition; or
(iii) securing presence of such public servant, expert or officer is likely to cause
delay in holding the inquiry, trial or other proceeding,
the Court shall secure presence of successor officer of such public servant, expert, orofficer who is holding that post at the time of such deposition to give deposition on such
document or report:
Provided that no public servant, scientific expert or medical officer shall be called to
appear before the Court unless the report of such public servant, scientific expert or medicalofficer is disputed by any of the parties of the trial or other proceedings:Authorities
before whomaffidavits maybe sworn.
Previous
conviction oracquittal howproved.
Evidence of
publicservants,experts, policeofficers incertain cases.Record of
evidence inabsence ofaccused.53 of 1952.
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Provided further that the deposition of such successor public servant, expert or
officer may be allowed through audio-video electronic means.
CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. (1) A person who has once been tried by a Court of competent jurisdiction for an
offence and convicted or acquitted of such offence shall, while such conviction or acquittal
remains in force, not be liable to be tried again for the same offence, nor on the same factsfor any other offence for which a different charge from the one made against him might havebeen made under sub-section ( 1) of section 244, or for which he might have been convicted
under sub-section ( 2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the
consent of the State Government, for any distinct offence for which a separate charge mighthave been made against him at the former trial under sub-section ( 1) of section 243.
(3) A person convicted of any offence constituted by any act causing consequences
which, together with such act, constituted a different offence from that of which he wasconvicted, may be afterwards tried for such last-mentioned offence, if the consequenceshad not happened, or were not known to the Court to have happened, at the time when hewas convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may,
notwithstanding such acquittal or conviction, be subsequently charged with, and tried for,any other offence constituted by the same acts which he may have committed if the Courtby which he was first tried was not competent to try the offence with which he is subsequentlycharged.
(5) A person discharged under section 281 shall not be tried again for the same
offence except with the consent of the Court by which he was discharged or of any otherCourt to which the first-mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General
Clauses Act, 1897 or of section 208 of this Sanhita.
Explanation .—The dismissal of a complaint, or the discharge of the accused, is not
an acquittal for the purposes of this section.
Illustrations.
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards,
while the acquittal remains in force, be charged with theft as a servant, or, upon the samefacts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards
dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide
of B. A may not afterwards be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of,
voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievoushurt to B on the same facts, unless the case comes within sub-section ( 3) of this section.
(e) A is charged by a Magistrate of the second class with, and convicted by him of,
theft of property from the person of B. A may subsequently be charged with, and tried for,robbery on the same facts.
(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of,
robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.
338. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may
appear and plead without any written authority before any Court in which that case is underinquiry, trial or appeal.Person onceconvicted oracquitted notto be tried forsame offence.
10 of 1897.
Appearanceby PublicProsecutors.
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(2) If in any such case any private person instructs his advocate to prosecute any
person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the
case shall conduct the prosecution, and the advocate so instructed shall act therein underthe directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with thepermission of the Court, submit written arguments after the evidence is closedin the case.
339. (1) Any Magistrate inquiring into or trying a case may permit the prosecution to
be conducted by any person other than a police officer below the rank of inspector; but noperson, other than the Advocate-General or Government Advocate or a Public Prosecutoror Assistant Public Prosecutor, shall be entitled to do so without such permission:
Provided that no police officer shall be permitted to conduct the prosecution if he has
taken part in the investigation into the offence with respect to which the accused is beingprosecuted.
(2) Any person conducting the prosecution may do so personally or by an advocate.
340. Any person accused of an offence before a Criminal Court, or against whom
proceedings are instituted under this Sanhita, may of right be defended by an advocate ofhis choice.
341. (1) Where, in a trial or appeal before a Court, the accused is not represented by
an advocate, and where it appears to the Court that the accused has not sufficient means toengage an advocate, the Court shall assign an advocate for his defence at the expense ofthe State.
(2) The High Court may, with the previous approval of the State Government, make
rules providing for—
(a) the mode of selecting advocates for defence under sub-section ( 1);
(b) the facilities to be allowed to such advocates by the Courts;
(c) the fees payable to such advocates by the Government, and generally, for
carrying out the purposes of sub-section ( 1).
(3) The State Government may, by notification, direct that, as from such date as may
be specified in the notification, the provisions of sub-sections ( 1) and ( 2) shall apply in
relation to any class of trials before other Courts in the State as they apply in relation totrials before Courts of Session.
342. (1) In this section, "corporation" means an incorporated company or other body
corporate, and includes a society registered under the Societies Registration Act, 1860.
(2) Where a corporation is the accused person or one of the accused persons in an
inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial andsuch appointment need not be under the seal of the corporation.
(3) Where a representative of a corporation appears, any requirement of this Sanhita
that anything shall be done in the presence of the accused or shall be read or stated orexplained to the accused, shall be construed as a requirement that that thing shall be donein the presence of the representative or read or stated or explained to the representative,and any requirement that the accused shall be examined shall be construed as a requirementthat the representative shall be examined.
(4) Where a representative of a corporation does not appear, any such requirement as
is referred to in sub-section ( 3) shall not apply.Permission toconductprosecution.
Right ofperson againstwhomproceedingsare institutedto bedefended.
Legal aid toaccused atState expensein certaincases.
Procedure
whencorporation orregisteredsociety is anaccused.21 of 1860.
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(5) Where a statement in writing purporting to be signed by the managing director of
the corporation or by any person duly authorised by him (by whatever name called) having,
or being one of the persons having the management of the affairs of the corporation to theeffect that the person named in the statement has been appointed as the representative ofthe corporation for the purposes of this section, is filed, the Court shall, unless the contraryis proved, presume that such person has been so appointed.
(6) If a question arises as to whether any person, appearing as the representative of
a corporation in an inquiry or trial before a Court is or is not such representative, thequestion shall be determined by the Court.
343. (1) With a view to obtaining the evidence of any person supposed to have been
directly or indirectly concerned in or privy to an offence to which this section applies, theChief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, theoffence, and the Magistrate of the first class inquiring into or trying the offence, at anystage of the inquiry or trial, may tender a pardon to such person on condition of his makinga full and true disclosure of the whole of the circumstances within his knowledge relative tothe offence and to every other person concerned, whether as principal or abettor, in thecommission thereof.
(2) This section applies to—
(a) any offence triable exclusively by the Court of Session or by the Court of a
Special Judge appointed under any other law for the time being in force;
(b) any offence punishable with imprisonment which may extend to seven years
or with a more severe sentence.
(3) Every Magistrate who tenders a pardon under sub-section ( 1) shall record—
(a) his reasons for so doing;
(b) whether the tender was or was not accepted by the person to whom it was
made,
and shall, on application made by the accused, furnish him with a copy of such record free
of cost.
(4) Every person accepting a tender of pardon made under sub-section ( 1)—
(a) shall be examined as a witness in the Court of the Magistrate taking cognizance
of the offence and in the subsequent trial, if any;
(b) shall, unless he is already on bail, be detained in custody until the termination
of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section ( 1) and
has been examined under sub-section ( 4), the Magistrate taking cognizance of the offence
shall, without making any further inquiry in the case—
(a) commit it for trial—
(i) to the Court of Session if the offence is triable exclusively by that
Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate;
(ii) to a Court of Special Judge appointed under any other law for the time
being in force, if the offence is triable exclusively by that Court;(b) in any other case, make over the case to the Chief Judicial Magistrate who
shall try the case himself.344. At any time after commitment of a case but before judgment is passed, the Court
to which the commitment is made may, with a view to obtaining at the trial the evidence of
any person supposed to have been directly or indirectly concerned in, or privy to, any suchoffence, tender a pardon on the same condition to such person.Tender ofpardon toaccomplice.
Power todirect tenderof pardon.
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345. (1) Where, in regard to a person who has accepted a tender of pardon made
under section 343 or section 344, the Public Prosecutor certifies that in his opinion such
person has, either by wilfully concealing anything essential or by giving false evidence, notcomplied with the condition on which the tender was made, such person may be tried for theoffence in respect of which the pardon was so tendered or for any other offence of which heappears to have been guilty in connection with the same matter, and also for the offence ofgiving false evidence:
Provided that such person shall not be tried jointly with any of the other accused:
Provided further that such person shall not be tried for the offence of giving false
evidence except with the sanction of the High Court, and nothing contained in section 215
or section 379 shall apply to that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded
by a Magistrate under section 183 or by a Court under sub-section ( 4) of section 343 may be
given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has complied with the
condition upon which such tender was made; in which case it shall be for the prosecutionto prove that the condition has not been complied with.
(4) At such trial, the Court shall—
(a) if it is a Court of Session, before the charge is read out and explained to the
accused;
(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the
prosecution is taken,
ask the accused whether he pleads that he has complied with the conditions on which thetender of pardon was made.
(5) If the accused does so plead, the Court shall record the plea and proceed with the
trial and it shall, before passing judgment in the case, find whether or not the accused hascomplied with the conditions of the pardon, and, if it finds that he has so complied, it shall,notwithstanding anything contained in this Sanhita, pass judgment of acquittal.
346. (1) In every inquiry or trial the proceedings shall be continued from day-to-day
basis until all the witnesses in attendance have been examined, unless the Court finds theadjournment of the same beyond the following day to be necessary for reasons to berecorded:
Provided that when the inquiry or trial relates to an offence under section 64,
section 65, section 66, section 67, section 68, section 70 or section 71 of the BharatiyaNyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two monthsfrom the date of filing of the chargesheet.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds
it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial,it may, from time to time, for reasons to be recorded, postpone or adjourn the same on suchterms as it thinks fit, for such time as it considers reasonable, and may by a warrant remandthe accused if in custody:
Provided that no Court shall remand an accused person to custody under this
section for a term exceeding fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or
postponement shall be granted, without examining them, except for special reasons to berecorded in writing:
Provided also that no adjournment shall be granted for the purpose only of enabling
the accused person to show cause against the sentence proposed to be imposed on him:Trial ofperson notcomplyingwithconditions ofpardon.
Power topostpone oradjournproceedings.
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Provided also that—
(a) no adjournment shall be granted at the request of a party, except where the
circumstances are beyond the control of that party;
(b) where the circumstances are beyond the control of a party, not more than
two adjournments may be granted by the Court after hearing the objections of the
other party and for the reasons to be recorded in writing;
(c) the fact that the advocate of a party is engaged in another Court, shall not be
a ground for adjournment;
(d) where a witness is present in Court but a party or his advocate is not present
or the party or his advocate though present in Court, is not ready to examine orcross-examine the witness, the Court may, if thinks fit, record the statement of thewitness and pass such orders as it thinks fit dispensing with the examination-in-chiefor cross-examination of the witness, as the case may be.
Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that
the accused may have committed an offence, and it appears likely that further evidence may
be obtained by a remand, this is a reasonable cause for a remand.
Explanation 2.—The terms on which an adjournment or postponement may be granted
include, in appropriate cases, the payment of costs by the prosecution or the accused.
347. (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other
proceeding, after due notice to the parties, visit and inspect any place in which an offenceis alleged to have been committed, or any other place which it is in his opinion necessary toview for the purpose of properly appreciating the evidence given at such inquiry or trial,and shall without unnecessary delay record a memorandum of any relevant facts observedat such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor,
complainant or accused or any other party to the case, so desires, a copy of the memorandumshall be furnished to him free of cost.
348. Any Court may, at any stage of any inquiry, trial or other proceeding under this
Sanhita, summon any person as a witness, or examine any person in attendance, though notsummoned as a witness, or re-call and re-examine any person already examined; and theCourt shall summon and examine or re-call and re-examine any such person if his evidenceappears to it to be essential to the just decision of the case.
349. If a Magistrate of the first class is satisfied that, for the purposes of any
investigation or proceeding under this Sanhita, it is expedient to direct any person, includingan accused person, to give specimen signatures or finger impressions or handwriting orvoice sample, he may make an order to that effect and in that case the person to whom theorder relates shall be produced or shall attend at the time and place specified in such orderand shall give his specimen signatures or finger impressions or handwriting or voice sample:
Provided that no order shall be made under this section unless the person has at some
time been arrested in connection with such investigation or proceeding:
Provided further that the Magistrate may, for the reasons to be recorded in writing,
order any person to give such specimen or sample without him being arrested.
350. Subject to any rules made by the State Government, any Criminal Court may, if it
thinks fit, order payment, on the part of the Government, of the reasonable expenses of anycomplainant or witness attending for the purposes of any inquiry, trial or other proceedingbefore such Court under this Sanhita.Localinspection.
Power tosummonmaterialwitness, orexaminepersonpresent.
Power ofMagistrate toorder personto givespecimensignatures orhandwriting,etc.
Expenses ofcomplainantsand witnesses.
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351. (1) In every inquiry or trial, for the purpose of enabling the accused personally
to explain any circumstances appearing in the evidence against him, the Court—
(a) may at any stage, without previously warning the accused put such questions
to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before
he is called on for his defence, question him generally on the case:
Provided that in a summons case, where the Court has dispensed with the
personal attendance of the accused, it may also dispense with his examination under
clause ( b).
(2) No oath shall be administered to the accused when he is examined under
sub-section ( 1).
(3) The accused shall not render himself liable to punishment by refusing to answer
such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such
inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for,any other offence which such answers may tend to show he has committed.
(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant
questions which are to be put to the accused and the Court may permit filing of writtenstatement by the accused as sufficient compliance of this section.
352. (1) Any party to a proceeding may, as soon as may be, after the close of his
evidence, address concise oral arguments, and may, before he concludes the oral arguments,if any, submit a memorandum to the Court setting forth concisely and under distinct headings,the arguments in support of his case and every such memorandum shall form part of therecord.
(2) A copy of every such memorandum shall be simultaneously furnished to the
opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the
written arguments unless the Court, for reasons to be recorded in writing, considers itnecessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral arguments are not concise or
relevant, regulate such arguments.
353. (1) Any person accused of an offence before a Criminal Court shall be a competent
witness for the defence and may give evidence on oath in disproof of the charges madeagainst him or any person charged together with him at the same trial:
Provided that—
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by
any of the parties or the Court or give rise to any presumption against himself or anyperson charged together with him at the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under
section 101, or section 126, or section 127, or section 128, or section 129, or under
Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness insuch proceedings:
Provided that in proceedings under section 127, section 128, or section 129, the
failure of such person to give evidence shall not be made the subject of any comment byany of the parties or the Court or give rise to any presumption against him or any otherperson proceeded against together with him at the same inquiry.Power toexamineaccused.
Oral
arguments andmemorandumof arguments.
Accused
person to becompetentwitness.
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354. Except as provided in sections 343 and 344, no influence, by means of any
promise or threat or otherwise, shall be used to an accused person to induce him to disclose
or withhold any matter within his knowledge.
355. (1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate
is satisfied, for reasons to be recorded, that the personal attendance of the accused beforethe Court is not necessary in the interests of justice, or that the accused persistentlydisturbs the proceedings in Court, the Judge or Magistrate may, if the accused is representedby an advocate, dispense with his attendance and proceed with such inquiry or trial in hisabsence, and may, at any subsequent stage of the proceedings, direct the personal attendanceof such accused.
(2) If the accused in any such case is not represented by an advocate, or if the Judge
or Magistrate considers his personal attendance necessary, he may, if he thinks fit and forreasons to be recorded by him, either adjourn such inquiry or trial, or order that the case ofsuch accused be taken up or tried separately.
Explanation. —For the purpose of this section, personal attendance of the accused
includes attendance through audio-video electronic means.
356. (1) Notwithstanding anything contained in this Sanhita or in any other law for
the time being in force, when a person declared as a proclaimed offender, whether or notcharged jointly, has absconded to evade trial and there is no immediate prospect of arrestinghim, it shall be deemed to operate as a waiver of the right of such person to be present andtried in person, and the Court shall, after recording reasons in writing, in the interest ofjustice, proceed with the trial in the like manner and with like effect as if he was present,under this Sanhita and pronounce the judgment:
Provided that the Court shall not commence the trial unless a period of ninety days
has lapsed from the date of framing of the charge.
(2) The Court shall ensure that the following procedure has been complied with
before proceeding under sub-section ( 1), namely:—
(i) issuance of two consecutive warrants of arrest within the interval of at least
thirty days;
(ii) publish in a national or local daily newspaper circulating in the place of his
last known address of residence, requiring the proclaimed offender to appear beforethe Court for trial and informing him that in case he fails to appear within thirty daysfrom the date of such publication, the trial shall commence in his absence;
(iii) inform his relative or friend, if any, about the commencement of the
trial; and
(iv) affix information about the commencement of the trial on some conspicuous
part of the house or homestead in which such person ordinarily resides and display inthe police station of the district of his last known address of residence.
(3) Where the proclaimed offender is not represented by any advocate, he shall be
provided with an advocate for his defence at the expense of the State.
(4) Where the Court, competent to try the case or commit for trial, has examined any
witnesses for prosecution and recorded their depositions, such depositions shall be given
in evidence against such proclaimed offender on the inquiry into, or in trial for, the offencewith which he is charged:
Provided that if the proclaimed offender is arrested and produced or appears before
the Court during such trial, the Court may, in the interest of justice, allow him to examine anyevidence which may have been taken in his absence.No influenceto be used toinducedisclosure.
Provision forinquiries andtrial being heldin absence ofaccused incertain cases.
Inquiry, trialor judgment inabsentia ofproclaimedoffender.
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(5) Where a trial is related to a person under this section, the deposition and
examination of the witness, may, as far as practicable, be recorded by audio-video electronic
means preferably mobile phone and such recording shall be kept in such manner as theCourt may direct.
(6) In prosecution for offences under this Sanhita, voluntary absence of accused
after the trial has commenced under sub-section ( 1) shall not prevent continuing the trial
including the pronouncement of the judgment even if he is arrested and produced or appearsat the conclusion of such trial.
(7) No appeal shall lie against the judgment under this section unless the proclaimed
offender presents himself before the Court of appeal:
Provided that no appeal against conviction shall lie after the expiry of three years
from the date of the judgment.
(8) The State may, by notification, extend the provisions of this section to any
absconder mentioned in sub-section ( 1) of section 84.
357. If the accused, though not a person of unsound mind, cannot be made to
understand the proceedings, the Court may proceed with the inquiry or trial; and, in thecase of a Court other than a High Court, if such proceedings result in a conviction, theproceedings shall be forwarded to the High Court with a report of the circumstances of thecase, and the High Court shall pass thereon such order as it thinks fit.
358. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from
the evidence that any person not being the accused has committed any offence for whichsuch person could be tried together with the accused, the Court may proceed against suchperson for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned,
as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons,
may be detained by such Court for the purpose of the inquiry into, or trial of, the offencewhich he appears to have committed.
(4) Where the Court proceeds against any person under sub-section ( 1), then—
(a) the proceedings in respect of such person shall be commenced afresh, and
the witnesses re-heard;
(b) subject to the provisions of clause ( a), the case may proceed as if such
person had been an accused person when the Court took cognizance of the offenceupon which the inquiry or trial was commenced.
359. (1) The offences punishable under the sections of the Bharatiya Nyaya
Sanhita, 2023 specified in the first two columns of the Table next following may be
compounded by the persons mentioned in the third column of that Table:—
TABLE
Offence Section of the Bharatiya Person by whom offence
Nyaya Sanhita, 2023 applicable may be compounded
1 2 3
Enticing or taking away or 84 The husband
of the woman
detaining with criminal and the woman.
intent a married woman.Procedure
where accuseddoes notunderstandproceedings.
Power to
proceedagainst otherpersonsappearing tobe guilty ofoffence.
Compoundingof offences.
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V oluntarily causing hurt. 115(2) The person to whom the hurt
is caused.
V oluntarily causing hurt on 122(1) The person to whom the hurt
provocation. is caused.
V oluntarily causing grievous 122(2) The person to whom the hurt
hurt on grave and sudden is caused.
provocation.
Wrongfully restraining or 126(2), 127( 2) The person restrained or
confining any person. confined.
Wrongfully confining a 127(3) The person confined.
person for three days or
more.
Wrongfully confining a 127(4) The person confined.
person for ten days or more.Wrongfully confining a 127(6) The person confined.
person in secret.
Assault or use of criminal 131, 133,136 The person assaulted or to
force. whom criminal force is used.
Uttering words, etc., with 302 The person whose religious
deliberate intent to wound feelings are intended to be
the religious feelings of wounded.
any person.
Theft. 303(2) The owner of the property
stolen.
Dishonest misappropriation 314 The owner of the property
of property . misappropriated.
Criminal breach of trust by 316(3) The owner of the property in
a carrier, wharfinger, etc. respect of which the breachof trust has been committed.
Dishonestly receiving stolen 317(2) The owner of the property
property knowing it to be stolen.
stolen.
Assisting in the concealment 317(5) The owner of the property
or disposal of stolen property, stolen.
knowing it to be stolen.Cheating. 318(2) The person cheated.
Cheating by personation. 319(2) The person cheated.
Fraudulent removal or 320 The creditors who are
concealment of property, affected thereby.
etc., to prevent distribution
among creditors.
Fraudulently preventing 321 The creditors who are
from being made available affected thereby.
for his creditors a debt or
demand due to the offender.
Fraudulent execution of 322 The person affected thereby.
deed of transfer containing
false statement of
consideration.1 2 3
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Fraudulent removal or 323 The person affected thereby.
concealment of property.
Mischief, when the only 324(2), 324( 4) The person to whom the loss
loss or damage caused is or damage is caused.
loss or damage to a privateperson.
Mischief by killing or 325 The owner of the animal.
maiming animal.
Mischief by injury to 326(a) The person to whom the loss
works of irrigation by or damage is caused.
wrongfully diverting
water when the onlyloss or damage causedis loss or damage toprivate person.
Criminal trespass. 329(3) The person in possession of
the property trespassed upon.
House-trespass. 329(4) The person in possession ofthe property trespassed upon.
House-trespass to commit 332(c) The person in possession of
an offence (other than theft) the house trespassed upon.
punishable with imprisonment.
Using a false trade or property mark. 345(3) The person to whom loss or
injury is caused by such use.
Counterfeiting a property 347(1) The person to whom loss or
mark used by another. injury is caused by such use.
Selling goods marked with 349 The person to whom loss or
a counterfeit property mark. injury is caused by such use.
Criminal intimidation. 351(2), 351( 3) The person intimidated.
Insult intended to provoke 352 The person insulted.
a breach of peace.
Inducing person to believe 354 The person induced.
himself an object of divine
displeasure.
Defamation, except such 356(2) The person defamed.
cases as are specified against
section 356( 2) of the
Bharatiya Nyaya Sanhita, 2023,column 1 of the Table undersub-section ( 2).
Printing or engraving matter, 356(3) The person defamed.
knowing it to be defamatory.
Sale of printed or engraved 356(4) The person defamed.
substance containing
defamatory matter, knowingit to contain such matter.
Criminal breach of contract 357 The person with whom the
of service. offender has contracted.1 2 3
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(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023
specified in the first two columns of the Table next following may, with the permission of the
Court before which any prosecution for such offence is pending, be compounded by the
persons mentioned in the third column of that Table:—
Table
Offence Section of the Bharatiya Person by whom offence
Nyaya Sanhita applicable may be compounded
1 2 3
Word, gesture or
act 79 The woman whom it was
intended to insult the intended to insult or whose
modesty of a woman. privacy was intruded upon.
Marrying again during the 82(1) The husband or wife of the
life-time of a husband or wife. person so marrying.
Causing miscarriage. 88 The woman to whom
miscarriage is caused.
V oluntarily causing grievous 117(2) The person to whom hurt is
hurt. caused.
Causing hurt by doing an 125(a) The person to whom hurt is
act so rashly and negligently caused.
as to endanger human lifeor the personal safety of others.
Causing grievous hurt by 125(b) The person to whom hurt is
doing an act so rashly and caused.
negligently as to endanger
human life or the personal
safety of others.
Assault or criminal force in 135 The person assaulted or to
attempting wrongfully to whom the force was used.
confine a person.Theft, by clerk or servant 306 The owner of the property
of property in possession stolen.
of master.
Criminal breach of trust. 316(2) The owner of the property in
respect of which breach oftrust has been committed.
Criminal breach of trust by 316(4) The owner of the property in
a clerk or servant. respect of which the breach
of trust has been committed.
Cheating a person whose 318(3) The person cheated.
interest the offender wasbound, either by law or bylegal contract, to protect.
Cheating and dishonestly 318(4) The person cheated.
inducing delivery of
property or the making,
alteration or destructionof a valuable security.
Defamation against the 356(2) The person defamed.
President or the Vice-President
or the Governor of the Stateor the Administrator of the
Union territory or a
Minister in respect of hispublic functions wheninstituted upon a complaint
made by the public prosecutor.
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(3) When an offence is compoundable under this section, the abetment of such
offence or an attempt to commit such offence (when such attempt is itself an offence) or
where the accused is liable under sub-section ( 5) of section 3 or section 190 of the Bharatiya
Nyaya Sanhita, 2023, may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to compound an offence
under this section is a child or of unsound mind, any person competent to contract on hisbehalf may, with the permission of the Court, compound such offence;
(b) When the person who would otherwise be competent to compound an offence
under this section is dead, the legal representative, as defined in the Code of CivilProcedure, 1908 of such person may, with the consent of the Court, compound such offence.
(5) When the accused has been committed for trial or when he has been convicted
and an appeal is pending, no composition for the offence shall be allowed without the leaveof the Court to which he is committed, or, as the case may be, before which the appeal is tobe heard.
(6) A High Court or Court of Session acting in the exercise of its powers of revision
under section 442 may allow any person to compound any offence which such person iscompetent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhanced punishment or to a punishment of a different kind forsuch offence.
(8) The composition of an offence under this section shall have the effect of an
acquittal of the accused with whom the offence has been compounded.
(9) No offence shall be compounded except as provided by this section.
360. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may,
with the consent of the Court, at any time before the judgment is pronounced, withdrawfrom the prosecution of any person either generally or in respect of any one or more of theoffences for which he is tried; and, upon such withdrawal,—
(a) if it is made before a charge has been framed, the accused shall be discharged
in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Sanhita no
charge is required, he shall be acquitted in respect of such offence or offences:
Provided that where such offence—
(i) was against any law relating to a matter to which the executive power of the
Union extends; or
(ii) was investigated under any Central Act; or
(iii) involved the misappropriation or destruction of, or damage to, any property
belonging to the Central Government; or
(iv) was committed by a person in the service of the Central Government while
acting or purporting to act in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central Government,
he shall not, unless he has been permitted by the Central Government to do so, move theCourt for its consent to withdraw from the prosecution and the Court shall, before accordingconsent, direct the Prosecutor to produce before it the permission granted by the CentralGovernment to withdraw from the prosecution:
Provided further that no Court shall allow such withdrawal without giving an
opportunity of being heard to the victim in the case.5 of 1908.
Withdrawalfromprosecution.
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361. (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in
any district, the evidence appears to him to warrant a presumption—
(a) that he has no jurisdiction to try the case or commit it for trial; or
(b) that the case is one which should be tried or committed for trial by some
other Magistrate in the district; or
(c) that the case should be tried by the Chief Judicial Magistrate,
he shall stay the proceedings and submit the case, with a brief report explaining its nature,
to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as theChief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the
case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or committhe accused for trial.
362. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him
at any stage of the proceedings before signing the judgment that the case is one whichought to be tried by the Court of Session, he shall commit it to that Court under theprovisions hereinbefore contained and thereupon the provisions of Chapter XIX shallapply to the commitment so made.
363. (1) Where a person, having been convicted of an offence punishable under
Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for aterm of three years or upwards, is again accused of any offence punishable under either ofthose Chapters with imprisonment for a term of three years or upwards, and the Magistratebefore whom the case is pending is satisfied that there is ground for presuming that suchperson has committed the offence, he shall be sent for trial to the Chief Judicial Magistrateor committed to the Court of Session, unless the Magistrate is competent to try the case andis of opinion that he can himself pass an adequate sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to
the Court of Session under sub-section ( 1), any other person accused jointly with him in the
same inquiry or trial shall be similarly sent or committed, unless the Magistrate dischargessuch other person under section 262 or section 268, as the case may be.
364. (1) Whenever a Magistrate is of opinion, after hearing the evidence for the
prosecution and the accused, that the accused is guilty, and that he ought to receive apunishment different in kind from, or more severe than, that which such Magistrate isempowered to inflict, or, being a Magistrate of the second class, is of opinion that theaccused ought to be required to execute a bond or bail bond under section 125, he mayrecord the opinion and submit his proceedings, and forward the accused, to the ChiefJudicial Magistrate to whom he is subordinate.
(2) When more accused persons than one are being tried together, and the Magistrate
considers it necessary to proceed under sub-section ( 1), in regard to any of such accused,
he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he
thinks fit, examine the parties and recall and examine any witness who has already givenevidence in the case and may call for and take any further evidence and shall pass suchjudgment, sentence or order in the case as he thinks fit, and is according to law.
365. (1) Whenever any Judge or Magistrate, after having heard and recorded the
whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdictiontherein and is succeeded by another Judge or Magistrate who has and who exercises suchjurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded byhis predecessor, or partly recorded by his predecessor and partly recorded by himself:Procedure incases whichMagistratecannot disposeof.
Procedure
when aftercommencementof inquiry ortrial,Magistratefinds caseshould becommitted.
Trial of
personspreviouslyconvicted ofoffencesagainstcoinage,stamp-law orproperty.
ProcedurewhenMagistratecannot passsentencesufficientlysevere.
Conviction or
commitmenton evidencepartly recordedby oneMagistrate andpartly byanother.
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Provided that if the succeeding Judge or Magistrate is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded is necessary
in the interests of justice, he may re-summon any such witness, and after such furtherexamination, cross-examination and re-examination, if any, as he may permit, the witnessshall be discharged.
(2) When a case is transferred under the provisions of this Sanhita from one Judge to
another Judge or from one Magistrate to another Magistrate, the former shall be deemed tocease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaningof sub-section ( 1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings
have been stayed under section 361 or in which proceedings have been submitted to asuperior Magistrate under section 364.
366. (1) The place in which any Criminal Court is held for the purpose of inquiring into
or trying any offence shall be deemed to be an open Court, to which the public generallymay have access, so far as the same can conveniently contain them:
Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any
stage of any inquiry into, or trial of, any particular case, that the public generally, or anyparticular person, shall not have access to, or be or remain in, the room or building used bythe Court.
(2) Notwithstanding anything contained in sub-section ( 1), the inquiry into and trial
of rape or an offence under section 64, section 65, section 66, section 67, section 68,section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 orsection 10 of the Protection of Children from Sexual Offences Act, 2012 shall be conductedin camera :
Provided that the presiding Judge may, if he thinks fit, or on an application made by
either of the parties, allow any particular person to have access to, or be or remain in, theroom or building used by the Court:
Provided further that in camera trial shall be conducted as far as practicable by a
woman Judge or Magistrate.
(3) Where any proceedings are held under sub-section ( 2), it shall not be lawful for
any person to print or publish any matter in relation to any such proceedings except withthe previous permission of the Court:
Provided that the ban on printing or publication of trial proceedings in relation to an
offence of rape may be lifted, subject to maintaining confidentiality of name and address ofthe parties.
CHAPTER XXVII
P
ROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
367. (1) When a Magistrate holding an inquiry has reason to believe that the person
against whom the inquiry is being held is a person of unsound mind and consequentlyincapable of making his defence, the Magistrate shall inquire into the fact of suchunsoundness of mind, and shall cause such person to be examined by the civil surgeon ofthe district or such other medical officer as the State Government may direct, and thereuponshall examine such surgeon or other medical officer as a witness, and shall reduce theexamination to writing.
(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall
refer such person to a psychiatrist or clinical psychologist of Government hospital orGovernment medical college for care, treatment and prognosis of the condition and thepsychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whetherthe accused is suffering from unsoundness of mind or intellectual disability:Court to beopen.
Procedure in
case ofaccused beingperson ofunsound mind.32 of 2012.
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Provided that if the accused is aggrieved by the information given by the psychiatric
or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal
before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) Pending such examination and inquiry, the Magistrate may deal with such person
in accordance with the provisions of section 369.
(4) If the Magistrate is informed that the person referred to in sub-section ( 2) is a
person of unsound mind, the Magistrate shall further determine whether the unsoundness
of mind renders the accused incapable of entering defence and if the accused is found so
incapable, the Magistrate shall record a finding to that effect, and shall examine the record
of evidence produced by the prosecution and after hearing the advocate of the accused butwithout questioning the accused, if he finds that no prima facie case is made out against
the accused, he shall, instead of postponing the enquiry, discharge the accused and deal
with him in the manner provided under section 369:
Provided that if the Magistrate finds that a prima facie case is made out against the
accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone
the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist,
is required for the treatment of the accused, and order the accused to be dealt with as
provided under section 369.
(5) If the Magistrate is informed that the person referred to in sub-section ( 2) is a
person with intellectual disability, the Magistrate shall further determine whether the
intellectual disability renders the accused incapable of entering defence, and if the accused
is found so incapable, the Magistrate shall order closure of the inquiry and deal with theaccused in the manner provided under section 369.
368. (1) If at the trial of any person before a Magistrate or Court of Session, it appears
to the Magistrate or Court that such person is of unsound mind and consequently incapableof making his defence, the Magistrate or Court shall, in the first instance, try the fact of suchunsoundness of mind and incapacity, and if the Magistrate or Court, after considering suchmedical and other evidence as may be produced before him or it, is satisfied of the fact, he
or it shall record a finding to that effect and shall postpone further proceedings in the case.
(2) If during trial, the Magistrate or Court of Session finds the accused to be of
unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for
care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall
report to the Magistrate or Court whether the accused is suffering from unsoundness of
mind:
Provided that if the accused is aggrieved by the information given by the psychiatrist
or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal
before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) If the Magistrate or Court is informed that the person referred to in sub-section ( 2)
is a person of unsound mind, the Magistrate or Court shall further determine whether the
unsoundness of mind renders the accused incapable of entering defence and if the accusedis found so incapable, the Magistrate or Court shall record a finding to that effect and shallexamine the record of evidence produced by the prosecution and after hearing the advocate
of the accused but without questioning the accused, if the Magistrate or Court finds that no
prima facie case is made out against the accused, he or it shall, instead of postponing the
trial, discharge the accused and deal with him in the manner provided under section 369:Procedure in
case of personof unsoundmind triedbefore Court.
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Provided that if the Magistrate or Court finds that a prima facie case is made out
against the accused in respect of whom a finding of unsoundness of mind is arrived at, he
shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical
psychologist, is required for the treatment of the accused.
(4) If the Magistrate or Court finds that a prima facie case is made out against the
accused and he is incapable of entering defence by reason of intellectual disability, he or it
shall not hold the trial and order the accused to be dealt with in accordance with section 369.
369. (1) Whenever a person if found under section 367 or section 368 to be incapable
of entering defence by reason of unsoundness of mind or intellectual disability, theMagistrate or Court, as the case may be, shall, whether the case is one in which bail may be
taken or not, order release of such person on bail:
Provided that the accused is suffering from unsoundness of mind or intellectual
disability which does not mandate in-patient treatment and a friend or relative undertakes to
obtain regular out-patient psychiatric treatment from the nearest medical facility and to
prevent from doing injury to himself or to any other person.
(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case
may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shallorder the accused to be kept in such a place where regular psychiatric treatment can beprovided, and shall report the action taken to the State Government:
Provided that no order for the detention of the accused in a public mental health
establishment shall be made otherwise than in accordance with such rules as the StateGovernment may have made under the Mental Healthcare Act, 2017.
(3) Whenever a person is found under section 367 or section 368 to be incapable of
entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate
or Court, as the case may be, shall keeping in view the nature of the act committed and the
extent of unsoundness of mind or intellectual disability, further determine if the release of
the accused can be ordered:
Provided that—
(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate
or Court, as the case may be, decide to order discharge of the accused, as provided
under section 367 or section 368, such release may be ordered, if sufficient security is
given that the accused shall be prevented from doing injury to himself or to any other
person;
(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge
of the accused cannot be ordered, the transfer of the accused to a residential facilityfor persons with unsoundness of mind or intellectual disability may be ordered whereinthe accused may be provided care and appropriate education and training.
370. (1) Whenever an inquiry or a trial is postponed under section 367 or section 368,
the Magistrate or Court, as the case may be, may at any time after the person concerned has
ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear
or be brought before such Magistrate or Court.
(2) When the accused has been released under section 369, and the sureties for his
appearance produce him to the officer whom the Magistrate or Court appoints in this
behalf, the certificate of such officer that the accused is capable of making his defence shall
be receivable in evidence.
371. (1) If, when the accused appears or is again brought before the Magistrate or
Court, as the case may be, the Magistrate or Court considers him capable of making his
defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his
defence, the Magistrate or Court shall act according to the provisions of section 367 orsection 368, as the case may be, and if the accused is found to be of unsound mind and
consequently incapable of making his defence, shall deal with such accused in accordance
with the provisions of section 369.Release ofperson ofunsound mindpendinginvestigationor trial.
Resumption ofinquiry ortrial.
Procedure on
accusedappearingbeforeMagistrate orCourt.10 of 2017.
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372. When the accused appears to be of sound mind at the time of inquiry or trial, and
the Magistrate is satisfied from the evidence given before him that there is reason to believe
that the accused committed an act, which, if he had been of sound mind, would have beenan offence, and that he was, at the time when the act was committed, by reason ofunsoundness of mind, incapable of knowing the nature of the act or that it was wrong or
contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be
tried by the Court of Session, commit him for trial before the Court of Session.
373. Whenever any person is acquitted upon the ground that, at the time at which he
is alleged to have committed an offence, he was, by reason of unsoundness of mind,incapable of knowing the nature of the act alleged as constituting the offence, or that it waswrong or contrary to law, the finding shall state specifically whether he committed the act ornot.
374. (1) Whenever the finding states that the accused person committed the act
alleged, the Magistrate or Court before whom or which the trial has been held, shall, if suchact would, but for the incapacity found, have constituted an offence,—
(a) order such person to be detained in safe custody in such place and manner
as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment
shall be made under clause ( a) of sub-section ( 1) otherwise than in accordance with such
rules as the State Government may have made under the Mental Healthcare Act, 2017.
(3) No order for the delivery of the accused to a relative or friend shall be made under
clause ( b) of sub-section ( 1) except upon the application of such relative or friend and on
his giving security to the satisfaction of the Magistrate or Court that the person deliveredshall—
(a) be properly taken care of and prevented from doing injury to himself or to
any other person;
(b) be produced for the inspection of such officer, and at such times and places,
as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken
under sub-section ( 1).
375. The State Government may empower the officer in charge of the jail in which a
person is confined under the provisions of section 369 or section 374 to discharge all or any
of the functions of the Inspector-General of Prisons under section 376 or section 377.
376. If a person is detained under the provisions of sub-section ( 2) of section 369,
and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case
of a person detained in a public mental health establishment, the Mental Health ReviewBoard constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their
opinion, such person is capable of making his defence, he shall be taken before the Magistrate
or Court, as the case may be, at such time as the Magistrate or Court appoints, and theMagistrate or Court shall deal with such person under the provisions of section 371; andthe certificate of such Inspector-General or visitors as aforesaid shall be receivable asevidence.
377. (1) If a person is detained under the provisions of sub-section ( 2) of section 369,
or section 374, and such Inspector-General or visitors shall certify that, in his or theirjudgment, he may be released without danger of his doing injury to himself or to any otherperson, the State Government may thereupon order him to be released, or to be detained incustody, or to be transferred to a public mental health establishment if he has not beenalready sent to such establishment; and, in case it orders him to be transferred to a publicmental health establishment, may appoint a Commission, consisting of a Judicial and two
medical officers.When accusedappears tohave been ofsound mind.
Judgment ofacquittal onground ofunsoundnessof mind.
Person
acquitted onground ofunsoundnessof mind to bedetained insafe custody.
Power of State
Government
to empower
officer in
charge to
discharge.
Procedure
where prisonerof unsoundmind isreportedcapable ofmaking hisdefence.
Procedurewhere personof unsoundmind detainedis declared fitto be released.10 of 2017.
10 of 2017.
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(2) Such Commission shall make a formal inquiry into the state of mind of such
person, take such evidence as is necessary, and shall report to the State Government, which
may order his release or detention as it thinks fit.
378. (1) Whenever any relative or friend of any person detained under the provisions
of section 369 or section 374 desires that he shall be delivered to his care and custody, theState Government may, upon the application of such relative or friend and on his givingsecurity to the satisfaction of such State Government, that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to
any other person;
(b) be produced for the inspection of such officer, and at such times and places,
as the State Government may direct;
(c) in the case of a person detained under sub-section ( 2) of section 369, be
produced when required before such Magistrate or Court,
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been
postponed by reason of his being of unsound mind and incapable of making his defence,and the inspecting officer referred to in clause ( b) of sub-section ( 1), certifies at any time to
the Magistrate or Court that such person is capable of making his defence, such Magistrateor Court shall call upon the relative or friend to whom such accused was delivered toproduce him before the Magistrate or Court; and, upon such production the Magistrate orCourt shall proceed in accordance with the provisions of section 371, and the certificate ofthe inspecting officer shall be receivable as evidence.
CHAPTER XXVIII
P
ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
379. (1) When, upon an application made to it in this behalf or otherwise, any Court
is of opinion that it is expedient in the interests of justice that an inquiry should be madeinto any offence referred to in clause ( b) of sub-section ( 1) of section 215, which appears to
have been committed in or in relation to a proceeding in that Court or, as the case may be, inrespect of a document produced or given in evidence in a proceeding in that Court, suchCourt may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such
Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessaryso to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section ( 1) in respect of an offence may,
in any case where that Court has neither made a complaint under sub-section ( 1) in respect
of that offence nor rejected an application for the making of such complaint, be exercised bythe Court to which such former Court is subordinate within the meaning of sub-section ( 4)
of section 215.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the
Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of
the Court as the Court may authorise in writing in this behalf.
(4) In this section, "Court" has the same meaning as in section 215.Delivery of
person ofunsound mindto care ofrelative orfriend.
Procedure incasesmentioned insection 215.
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380. (1) Any person on whose application any Court other than a High Court has
refused to make a complaint under sub-section ( 1) or sub-section ( 2) of section 379, or
against whom such a complaint has been made by such Court, may appeal to the Court to
which such former Court is subordinate within the meaning of sub-section ( 4) of
section 215, and the superior Court may thereupon, after notice to the parties concerned,direct the withdrawal of the complaint, or, as the case may be, making of the complaint whichsuch former Court might have made under section 379, and, if it makes such complaint, theprovisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under
section 379, shall be final, and shall not be subject to revision.
381. Any Court dealing with an application made to it for filing a complaint under
section 379 or an appeal under section 380, shall have power to make such order as to costsas may be just.
382. (1) A Magistrate to whom a complaint is made under section 379 or section 380
shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, todeal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to
whom the case may have been transferred, that an appeal is pending against the decisionarrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinksfit, at any stage, adjourn the hearing of the case until such appeal is decided.
383. (1) If, at the time of delivery of any judgment or final order disposing of any
judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinionto the effect that any witness appearing in such proceeding had knowingly or wilfully givenfalse evidence or had fabricated false evidence with the intention that such evidence shouldbe used in such proceeding, it or he may, if satisfied that it is necessary and expedient in theinterest of justice that the witness should be tried summarily for giving or fabricating, as thecase may be, false evidence, take cognizance of the offence and may, after giving theoffender a reasonable opportunity of showing cause why he should not be punished forsuch offence, try such offender summarily and sentence him to imprisonment for a termwhich may extend to three months, or to fine which may extend to one thousand rupees, orwith both.
(2) In every such case the Court shall follow, as nearly as may be practicable, the
procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court to make a complaint
under section 379 for the offence, where it does not choose to proceed under this section.
(4) Where, after any action is initiated under sub-section ( 1), it is made to appear to
the Court of Session or Magistrate of the first class that an appeal or an application forrevision has been preferred or filed against the judgment or order in which the opinionreferred to in that sub-section has been expressed, it or he shall stay further proceedings ofthe trial until the disposal of the appeal or the application for revision, as the case may be,and thereupon the further proceedings of the trial shall abide by the results of the appeal orapplication for revision.
384. (1) When any such offence as is described in section 210, section 213,
section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 is committed inthe view or presence of any Civil, Criminal, or Revenue Court, the Court may cause theoffender to be detained in custody, and may, at any time before the rising of the Court on thesame day, take cognizance of the offence and, after giving the offender a reasonableopportunity of showing cause why he should not be punished under this section, sentencethe offender to fine not exceeding one thousand rupees, and, in default of payment of fine,to simple imprisonment for a term which may extend to one month, unless such fine besooner paid.Appeal.
Power toorder costs.
Procedure of
Magistratetakingcognizance.
Summaryprocedure fortrial for givingfalse evidence.
Procedure in
certain casesof contempt.
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(2) In every such case the Court shall record the fact constituting the offence, with
the statement (if any) made by the offender, as well as the finding and sentence.
(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023, the record
shall show the nature and stage of the judicial proceeding in which the Court interrupted or
insulted was sitting, and the nature of the interruption or insult.
385. (1) If the Court in any case considers that a person accused of any of the
offences referred to in section 384 and committed in its view or presence should be imprisonedotherwise than in default of payment of fine, or that a fine exceeding two hundred rupeesshould be imposed upon him, or such Court is for any other reason of opinion that the caseshould not be disposed of under section 384, such Court, after recording the factsconstituting the offence and the statement of the accused as hereinbefore provided, mayforward the case to a Magistrate having jurisdiction to try the same, and may requiresecurity to be given for the appearance of such person before such Magistrate, or if sufficientsecurity is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to
deal with, as far as may be, as if it were instituted on a police report.
386. When the State Government so directs, any Registrar or any Sub-Registrar
appointed under the Registration Act, 1908, shall be deemed to be a Civil Court within themeaning of sections 384 and 385.
387. When any Court has under section 384 adjudged an offender to punishment, or
has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to doanything which he was lawfully required to do or for any intentional insult or interruption,the Court may, in its discretion, discharge the offender or remit the punishment on hissubmission to the order or requisition of such Court, or on apology being made to itssatisfaction.
388. If any witness or person called to produce a document or thing before a Criminal
Court refuses to answer such questions as are put to him or to produce any document orthing in his possession or power which the Court requires him to produce, and does not,after a reasonable opportunity has been given to him so to do, offer any reasonable excusefor such refusal, such Court may, for reasons to be recorded in writing, sentence him tosimple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judgecommit him to the custody of an officer of the Court for any term not exceeding seven days,unless in the meantime, such person consents to be examined and to answer, or to producethe document or thing and in the event of his persisting in his refusal, he may be dealt withaccording to the provisions of section 384 or section 385.
389. (1) If any witness being summoned to appear before a Criminal Court is legally
bound to appear at a certain place and time in obedience to the summons and without justexcuse neglects or refuses to attend at that place or time or departs from the place where hehas to attend before the time at which it is lawful for him to depart, and the Court beforewhich the witness is to appear is satisfied that it is expedient in the interests of justice thatsuch a witness should be tried summarily, the Court may take cognizance of the offence andafter giving the offender an opportunity of showing cause why he should not be punishedunder this section, sentence him to fine not exceeding five hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the
procedure prescribed for summary trials.
390. (1) Any person sentenced by any Court other than a High Court under section 383,
section 384, section 388, or section 389 may, notwithstanding anything contained in thisSanhita appeal to the Court to which decrees or orders made in such Court are ordinarilyappealable.Procedurewhere Courtconsiders thatcase shouldnot be dealtwith undersection 384.
WhenRegistrar orSub-Registrarto be deemed aCivil Court.
Discharge ofoffender onsubmission ofapology.
Imprisonmentor committalof personrefusing toanswer orproducedocument.
Summary
procedure forpunishmentfor non-attendance bya witness inobedience tosummons.
Appeals fromconvictionsunder sections383, 384, 388and 389.16 of 1908.
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(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to
appeals under this section, and the Appellate Court may alter or reverse the finding, or
reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court
of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a
Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Sessionfor the sessions division within which the office of such Registrar or Sub-Registrar issituate.
391. Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court
(other than a Judge of a High Court) or Magistrate shall try any person for any offencereferred to in section 215, when such offence is committed before himself or in contempt ofhis authority, or is brought under his notice as such Judge or Magistrate in the course of ajudicial proceeding.
CHAPTER XXIX
T
HE JUDGMENT
392. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall
be pronounced in open Court by the presiding officer immediately after the termination of
the trial or at some subsequent time not later than forty-five days of which notice shall begiven to the parties or their advocates,—
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and explaining the substance
of the judgment in a language which is understood by the accused or his advocate.
(2) Where the judgment is delivered under clause ( a) of sub-section ( 1), the presiding
officer shall cause it to be taken down in short-hand, sign the transcript and every page
thereof as soon as it is made ready, and write on it the date of the delivery of the judgmentin open Court.
(3) Where the judgment or the operative part thereof is read out under clause ( b) or
clause ( c) of sub-section ( 1), as the case may be, it shall be dated and signed by the
presiding officer in open Court, and if it is not written with his own hand, every page of thejudgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause ( c) of
sub-section ( 1), the whole judgment or a copy thereof shall be immediately made available
for the perusal of the parties or their advocates free of cost:
Provided that the Court shall, as far as practicable, upload the copy of the judgment
on its portal within a period of seven days from the date of judgment.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced
either in person or through audio-video electronic means.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear
the judgment pronounced, except where his personal attendance during the trial has beendispensed with and the sentence is one of fine only or he is acquitted:
Provided that where there are more accused persons than one, and one or more of
them do not attend the Court on the date on which the judgment is to be pronounced, thepresiding officer may, in order to avoid undue delay in the disposal of the case, pronouncethe judgment notwithstanding their absence.Certain Judges
and
Magistrates
not to trycertain
offences when
committedbefore
themselves.
Judgment.
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(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by
reason only of the absence of any party or his advocate on the day or from the place
notified for the delivery thereof, or of any omission to serve, or defect in serving, on the
parties or their advocates, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the
provisions of section 511.
393. (1) Except as otherwise expressly provided by this Sanhita, every judgment
referred to in section 392,—
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and
the reasons for the decision;
(c) shall specify the offence (if any) of which, and the section of the Bharatiya
Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the
punishment to which he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused
is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful
under which of two sections, or under which of two parts of the same section, of that
Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in
the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative,
with imprisonment for life or imprisonment for a term of years, the judgment shall state thereasons for the sentence awarded, and, in the case of sentence of death, the special reasonsfor such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of
one year or more, but the Court imposes a sentence of imprisonment for a term of less thanthree months, it shall record its reasons for awarding such sentence, unless the sentence is
one of imprisonment till the rising of the Court or unless the case was tried summarily under
the provisions of this Sanhita.
(5) When any person is sentenced to death, the sentence shall direct that he be
hanged by the neck till he is dead.
(6) Every order under section 136 or sub-section ( 2) of section 157 and every final
order made under section 144, section 164 or section 166 shall contain the point or points for
determination, the decision thereon and the reasons for the decision.
394. (1) When any person, having been convicted by a Court in India of an offence
punishable with imprisonment for a term of three years, or upwards, is again convicted ofany offence punishable with imprisonment for a term of three years or upwards by any
Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, atthe time of passing a sentence of imprisonment on such person, also order that his residence
and any change of, or absence from, such residence after release be notified as
hereinafter provided for a term not exceeding five years from the date of the expiration ofsuch sentence.
(2) The provisions of sub-section ( 1) shall also apply to criminal conspiracies to
commit such offences and to the abetment of such offences and attempts to commit them.
(3) If such conviction is set aside on appeal or otherwise, such order shall become
void.Language and
contents of
judgment.
Order for
notifying
address ofpreviously
convicted
offender.
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(4) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
(5) The State Government may, by notification, make rules to carry out the provisions
of this section relating to the notification of residence or change of, or absence from,
residence by released convicts.
(6) Such rules may provide for punishment for the breach thereof and any person
charged with a breach of any such rule may be tried by a Magistrate of competent jurisdictionin the district in which the place last notified by him as his place of residence is situated.
395. (1) When a Court imposes a sentence of fine or a sentence (including a sentence
of death) of which fine forms a part, the Court may, when passing judgment, order the wholeor any part of the fine recovered to be applied—
(a) in defraying the expenses properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused
by the offence, when compensation is, in the opinion of the Court, recoverable bysuch person in a Civil Court;
(c) when any person is convicted of any offence for having caused the death of
another person or of having abetted the commission of such an offence, in payingcompensation to the persons who are, under the Fatal Accidents Act, 1855, entitled torecover damages from the person sentenced for the loss resulting to them from suchdeath;
(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestlyreceived or retained, or of having voluntarily assisted in disposing of, stolen propertyknowing or having reason to believe the same to be stolen, in compensating anybona fide purchaser of such property for the loss of the same if such property is
restored to the possession of the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal, no such payment shall
be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be
presented, before the decision of the appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, the Court
may, when passing judgment, order the accused person to pay, by way of compensation,such amount as may be specified in the order to the person who has suffered any loss orinjury by reason of the act for which the accused person has been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the
same matter, the Court shall take into account any sum paid or recovered as compensationunder this section.
396. (1) Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to the victim or hisdependents who have suffered loss or injury as a result of the crime and who requirerehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the case may be, shalldecide the quantum of compensation to be awarded under the scheme referred to insub-section ( 1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under section 395 is not adequate for such rehabilitation, or where the cases endOrder to pay
compensation.
13 of 1855.
Victimcompensation
scheme.
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in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation
for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an application to the Stateor the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-section ( 4),
the State or the District Legal Services Authority shall, after due enquiry award adequatecompensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate
the suffering of the victim, may order for immediate first-aid facility or medical benefits to bemade available free of cost on the certificate of the police officer not below the rank of theofficer in charge of the police station or a Magistrate of the area concerned, or any otherinterim relief as the appropriate authority deems fit.
(7) The compensation payable by the State Government under this section shall be in
addition to the payment of fine to the victim under section 65, section 70 andsub-section ( 1) of section 124 of the Bharatiya Nyaya Sanhita, 2023.
397. All hospitals, public or private, whether run by the Central Government, the
State Government, local bodies or any other person, shall immediately, provide the first-aidor medical treatment, free of cost, to the victims of any offence covered under section 64,section 65, section 66, section 67, section 68, section 70, section 71 or sub-section ( 1) of
section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 ofthe Protection of Children from Sexual Offences Act, 2012, and shall immediately inform thepolice of such incident.
398. Every State Government shall prepare and notify a Witness Protection Scheme
for the State with a view to ensure protection of the witnesses.
399. (1) Whenever any person causes a police officer to arrest another person, if it
appears to the Magistrate by whom the case is heard that there was no sufficient ground forcausing such arrest, the Magistrate may award such compensation, not exceeding onethousand rupees, to be paid by the person so causing the arrest to the person so arrested,for his loss of time and expenses in the matter, as the Magistrate thinks fit.
(2) In such cases, if more persons than one are arrested, the Magistrate may, in like
manner, award to each of them such compensation, not exceeding one thousand rupees, assuch Magistrate thinks fit.
(3) All compensation awarded under this section may be recovered as if it were a fine,
and, if it cannot be so recovered, the person by whom it is payable shall be sentenced tosimple imprisonment for such term not exceeding thirty days as the Magistrate directs,unless such sum is sooner paid.
400. (1) Whenever any complaint of a non-cognizable offence is made to a Court, the
Court, if it convicts the accused, may, in addition to the penalty imposed upon him, orderhim to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution,and may further order that in default of payment, the accused shall suffer simple imprisonmentfor a period not exceeding thirty days and such costs may include any expenses incurred inrespect of process-fees, witnesses and advocate's fees which the Court may considerreasonable.
(2) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
401. (1) When any person not under twenty-one years of age is convicted of an
offence punishable with fine only or with imprisonment for a term of seven years or less, orwhen any person under twenty-one years of age or any woman is convicted of an offenceTreatment of
victims.
Witness
protectionscheme.
Compensation
to personsgroundlessly
arrested.
Order to pay
costs in non-cognizable
cases.
Order to release
on probation of
good conduct or
after
admonition.32 of 2012.
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not punishable with death or imprisonment for life, and no previous conviction is proved
against the offender, if it appears to the Court before which he is convicted, regard beinghad to the age, character or antecedents of the offender, and to the circumstances in which
the offence was committed, that it is expedient that the offender should be released on
probation of good conduct, the Court may, instead of sentencing him at once to anypunishment, direct that he be released on his entering into a bond or bail bond to appear and
receive sentence when called upon during such period (not exceeding three years) as the
Court may direct, and in the meantime to keep the peace and be of good behavior:
Provided that where any first offender is convicted by a Magistrate of the second
class not specially empowered by the High Court, and the Magistrate is of opinion that thepowers conferred by this section should be exercised, he shall record his opinion to that
effect, and submit the proceedings to a Magistrate of the first class, forwarding the accusedto, or taking bail for his appearance before, such Magistrate, who shall dispose of the casein the manner provided by sub-section ( 2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by
sub-section ( 1), such Magistrate may thereupon pass such sentence or make such order as
he might have passed or made if the case had originally been heard by him, and, if he thinks
further inquiry or additional evidence on any point to be necessary, he may make such
inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest
misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023,
punishable with not more than two years’ imprisonment or any offence punishable with fine
only and no previous conviction is proved against him, the Court before which he is soconvicted may, if it thinks fit, having regard to the age, character, antecedents or physical ormental condition of the offender and to the trivial nature of the offence or any extenuating
circumstances under which the offence was committed, instead of sentencing him to any
punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate Court or by the High
Court or Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the
High Court or Court of Session may, on appeal when there is a right of appeal to such Court,
or when exercising its powers of revision, set aside such order, and in lieu thereof pass
sentence on such offender according to law:
Provided that the High Court or Court of Session shall not under this sub-section
inflict a greater punishment than might have been inflicted by the Court by which the
offender was convicted.
(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the
case of sureties offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub-section ( 1), shall
be satisfied that an offender or his surety (if any) has a fixed place of abode or regularoccupation in the place for which the Court acts or in which the offender is likely to live
during the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with
the offender in respect of his original offence, is satisfied that the offender has failed toobserve any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith
before the Court issuing the warrant, and such Court may either remand him in custody until
the case is heard or admit him to bail with a sufficient surety conditioned on his appearingfor sentence and such Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders
Act, 1958, or the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other
law for the time being in force for the treatment, training or rehabilitation of youthful offenders.
20 of 1958.
2 of 2016.
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402. Where in any case the Court could have dealt with,—
(a) an accused person under section 401 or under the provisions of the Probation
of Offenders Act, 1958; or
(b) a youthful offender under the Juvenile Justice (Care and Protection of
Children) Act, 2015 or any other law for the time being in force for the treatment,
training or rehabilitation of youthful offenders,
but has not done so, it shall record in its judgment the special reasons for not having doneso.
403. Save as otherwise provided by this Sanhita or by any other law for the time being
in force, no Court, when it has signed its judgment or final order disposing of a case, shallalter or review the same except to correct a clerical or arithmetical error.
404. (1) When the accused is sentenced to imprisonment, a copy of the judgment
shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so
desires, a translation in his own language if practicable or in the language of the Court, shallbe given to him without delay, and such copy shall, in every case where the judgment isappealable by the accused, be given free of cost:
Provided that where a sentence of death is passed or confirmed by the High Court, a
certified copy of the judgment shall be immediately given to the accused free of costwhether or not he applies for the same.
(3) The provisions of sub-section ( 2) shall apply in relation to an order under
section 136 as they apply in relation to a judgment which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from
such judgment as of right, the Court shall inform him of the period within which, if he wishesto appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section ( 2), any person affected by a judgment
or order passed by a Criminal Court shall, on an application made in this behalf and onpayment of the prescribed charges, be given a copy of such judgment or order or of anydeposition or other part of the record:
Provided that the Court may, if it thinks fit for some special reason, give it to him free
of cost:
Provided further that the Court may, on an application made in this behalf by the
Prosecuting Officer, provide to the Government, free of cost, a certified copy of suchjudgment, order, deposition or record.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or
order of a Criminal Court to any person who is not affected by a judgment or order, onpayment, by such person, of such fees, and subject to such conditions, as the High Courtmay, by such rules, provide.
405. The original judgment shall be filed with the record of the proceedings and
where the original is recorded in a language different from that of the Court, and if eitherparty so requires, a translation thereof into the language of the Court shall be added to suchrecord.
406. In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or
such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence(if any) to the District Magistrate within whose local jurisdiction the trial was held.20 of 1958.
2 of 2016.Special
reasons to be
recorded incertain cases.
Court not to
alter
judgment.
Copy of
judgment to be
given toaccused and
other persons.
Judgment
when to be
translated.
Court of
Session to
send copy offinding and
sentence to
DistrictMagistrate.
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CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
407. (1) When the Court of Session passes a sentence of death, the proceedings shall
forthwith be submitted to the High Court, and the sentence shall not be executed unless it
is confirmed by the High Court.
(2) The Court passing the sentence shall commit the convicted person to jail custody
under a warrant.
408. (1) If, when such proceedings are submitted, the High Court thinks that a further
inquiry should be made into, or additional evidence taken upon, any point bearing upon theguilt or innocence of the convicted person, it may make such inquiry or take such evidenceitself, or direct it to be made or taken by the Court of Session.
(2) Unless the High Court otherwise directs, the presence of the convicted person
may be dispensed with when such inquiry is made or such evidence is taken.
(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the
result of such inquiry or evidence shall be certified to such Court.
409. In any case submitted under section 407, the High Court—
(a) may confirm the sentence, or pass any other sentence warranted by law; or
(b) may annul the conviction, and convict the accused of any offence of which
the Court of Session might have convicted him, or order a new trial on the same or anamended charge; or
(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the
period allowed for preferring an appeal has expired, or, if an appeal is presented within suchperiod, until such appeal is disposed of.
410. In every case so submitted, the confirmation of the sentence, or any new sentence
or order passed by the High Court, shall, when such Court consists of two or more Judges,be made, passed and signed by at least two of them.
411. Where any such case is heard before a Bench of Judges and such Judges are
equally divided in opinion, the case shall be decided in the manner provided by section 433.
412. In cases submitted by the Court of Session to the High Court for the confirmation
of a sentence of death, the proper officer of the High Court shall, without delay, after theorder of confirmation or other order has been made by the High Court, send either physically,or through electronic means, a copy of the order, under the seal of the High Court andattested with his official signature, to the Court of Session.
CHAPTER XXXI
A
PPEALS
413. No appeal shall lie from any judgment or order of a Criminal Court except as
provided for by this Sanhita or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order
passed by the Court acquitting the accused or convicting for a lesser offence or imposinginadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarilylies against the order of conviction of such Court.Sentence of
death to besubmitted by
Court of
Session forconfirmation.
Power to
direct furtherinquiry to be
made or
additionalevidence to be
taken.
Power of High
Court toconfirm
sentence or
annulconviction.
Confirmation
or newsentence to be
signed by two
Judges.
Procedure in
case ofdifference of
opinion.
Procedure in
casessubmitted to
High Court for
confirmation.
No appeal to
lie unlessotherwise
provided.
Sec. 1]
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414. Any person,—
(i) who has been ordered under section 136 to give security for keeping the
peace or for good behaviour; or
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under
section 140,
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons the proceedings against
whom are laid before a Sessions Judge in accordance with the provisions of sub-section ( 2)
or sub-section ( 4) of section 141.
415. (1) Any person convicted on a trial held by a High Court in its extraordinary
original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions
Judge or on a trial held by any other Court in which a sentence of imprisonment for more
than seven years has been passed against him or against any other person convicted at thesame trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section ( 2), any person,—
(a) convicted on a trial held by Magistrate of the first class, or of the second
class; or
(b) sentenced under section 364; or
(c) in respect of whom an order has been made or a sentence has been passed
under section 401 by any Magistrate,
may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64,
section 65, section 66, section 67, section 68, section 70 or section 71 of the BharatiyaNyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from thedate of filing of such appeal.
416. Notwithstanding anything in section 415, where an accused person has pleaded
guilty and has been convicted on such plea, there shall be no appeal,—
(i) if the conviction is by a High Court; or
(ii) if the conviction is by a Court of Session or Magistrate of the first or second
class, except as to the extent or legality of the sentence.
417. Notwithstanding anything in section 415, there shall be no appeal by a convicted
person in any of the following cases, namely:—
(a) where a High Court passes only a sentence of imprisonment for a term not
exceeding three months or of fine not exceeding one thousand rupees, or of both
such imprisonment and fine;
(b) where a Court of Session passes only a sentence of imprisonment for a term
not exceeding three months or of fine not exceeding two hundred rupees, or of bothsuch imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not
exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under
section 283 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against any such sentence if any other punishment
is combined with it, but such sentence shall not be appealable merely on the ground—Appeal from
orders
requiringsecurity or
refusal to
accept orrejecting
surety for
keeping peaceor good
behaviour.
Appeals from
convictions.
No appeal in
certain cases
when accused
pleads guilty.
No appeal in
petty cases.
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(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in
the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount
of fine imposed does not exceed the amount hereinbefore specified in respect of the
case.
418. (1) Save as otherwise provided in sub-section ( 2), the State Government may, in
any case of conviction on a trial held by any Court other than a High Court, direct the Public
Prosecutor to present an appeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(2) If such conviction is in a case in which the offence has been investigated by any
agency empowered to make investigation into an offence under any Central Act other thanthis Sanhita, the Central Government may also direct the Public Prosecutor to present anappeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its
inadequacy, the Court of Session or, as the case may be, the High Court shall not enhancethe sentence except after giving to the accused a reasonable opportunity of showing causeagainst such enhancement and while showing cause, the accused may plead for his acquittalor for the reduction of the sentence.
(4) When an appeal has been filed against a sentence passed under section 64,
section 65, section 66, section 67, section 68, section 70 or section 71 of the BharatiyaNyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from thedate of filing of such appeal.
419. (1) Save as otherwise provided in sub-section ( 2), and subject to the provisions
of sub-sections ( 3) and ( 5),—
(a) the District Magistrate may, in any case, direct the Public Prosecutor to
present an appeal to the Court of Session from an order of acquittal passed by aMagistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to
present an appeal to the High Court from an original or appellate order of acquittalpassed by any Court other than a High Court not being an order under clause ( a) or
an order of acquittal passed by the Court of Session in revision.
(2) If such an order of acquittal is passed in a case in which the offence has been
investigated by any agency empowered to make investigation into an offence under any
Central Act other than this Sanhita, the Central Government may, subject to the provisionsof sub-section ( 3), also direct the Public Prosecutor to present an appeal—
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in
respect of a cognizable and non-bailable offence;
(b) to the High Court from an original or appellate order of an acquittal passed
by any Court other than a High Court not being an order under clause ( a) or an order
of acquittal passed by the Court of Session in revision.
(3) No appeal to the High Court under sub-section ( 1) or sub-section ( 2) shall be
entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and
the High Court, on an application made to it by the complainant in this behalf, grants specialAppeal by
StateGovernment
against
sentence.
Appeal in case
of acquittal.
Sec. 1]
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leave to appeal from the order of acquittal, the complainant may present such an appeal to
the High Court.
(5) No application under sub-section ( 4) for the grant of special leave to appeal from
an order of acquittal shall be entertained by the High Court after the expiry of six months,where the complainant is a public servant, and sixty days in every other case, computedfrom the date of that order of acquittal.
(6) If, in any case, the application under sub-section ( 4) for the grant of special leave
to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lieunder sub-section ( 1) or under sub-section ( 2).
420. Where the High Court has, on appeal, reversed an order of acquittal of an
accused person and convicted him and sentenced him to death or to imprisonment for lifeor to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
421. Notwithstanding anything in this Chapter, when more persons than one are
convicted in one trial, and an appealable judgment or order has been passed in respect ofany of such persons, all or any of the persons convicted at such trial shall have a right ofappeal.
422. (1) Subject to the provisions of sub-section ( 2), an appeal to the Court of
Session or Sessions Judge shall be heard by the Sessions Judge or by an AdditionalSessions Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of the
second class may be heard and disposed of by the Chief Judicial Magistrate.
(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such
appeals as the Sessions Judge of the division may, by general or special order, make over tohim or as the High Court may, by special order, direct him to hear.
423. Every appeal shall be made in the form of a petition in writing presented by the
appellant or his advocate, and every such petition shall (unless the Court to which it ispresented otherwise directs) be accompanied by a copy of the judgment or order appealedagainst.
424. If the appellant is in jail, he may present his petition of appeal and the copies
accompanying the same to the officer in charge of the jail, who shall thereupon forwardsuch petition and copies to the proper Appellate Court.
425. (1) If upon examining the petition of appeal and copy of the judgment received
under section 423 or section 424, the Appellate Court considers that there is no sufficientground for interfering, it may dismiss the appeal summarily:
Provided that—
(a) no appeal presented under section 423 shall be dismissed unless the appellant
or his advocate has had a reasonable opportunity of being heard in support of thesame;
(b) no appeal presented under section 424 shall be dismissed except after giving
the appellant a reasonable opportunity of being heard in support of the same, unlessthe Appellate Court considers that the appeal is frivolous or that the production ofthe accused in custody before the Court would involve such inconvenience as wouldbe disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be dismissed summarily until
the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of
the case.Appeal against
conviction by
High Court in
certain cases.
Special right
of appeal incertain cases.
Appeal to
Court of
Session how
heard.
Petition of
appeal.
Procedure
when appellantin jail.
Summary
dismissal ofappeal.
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(3) Where the Appellate Court dismissing an appeal under this section is a Court of
Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been dismissed summarily
under this section and the Appellate Court finds that another petition of appeal duly presented
under section 423 on behalf of the same appellant has not been considered by it, that Courtmay, notwithstanding anything contained in section 434, if satisfied that it is necessary inthe interests of justice so to do, hear and dispose of such appeal in accordance with law.
426. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause
notice of the time and place at which such appeal will be heard to be given—
(i) to the appellant or his advocate;
(ii) to such officer as the State Government may appoint in this behalf;
(iii) if the appeal is from a judgment of conviction in a case instituted upon
complaint, to the complainant;
(iv) if the appeal is under section 418 or section 419, to the accused, and shall
also furnish such officer, complainant and accused with a copy of the grounds ofappeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not
already available in that Court, and hear the parties:
Provided that if the appeal is only as to the extent or the legality of the sentence, the
Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severity of the
sentence, the appellant shall not, except with the leave of the Court, urge or be heard in
support of any other ground.
427. After perusing such record and hearing the appellant or his advocate, if he
appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418or section 419, the accused, if he appears, the Appellate Court may, if it considers that thereis no sufficient ground for interfering, dismiss the appeal, or may—
(a) in an appeal from an order of acquittal, reverse such order and direct that
further inquiry be made, or that the accused be re-tried or committed for trial, as thecase may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction—
(i) reverse the finding and sentence and acquit or discharge the accused,
or order him to be re-tried by a Court of competent jurisdiction subordinate tosuch Appellate Court or committed for trial; or
(ii) alter the finding, maintaining the sentence; or
(iii) with or without altering the finding, alter the nature or the extent, or
the nature and extent, of the sentence, but not so as to enhance the same;
(c) in an appeal for enhancement of sentence—
(i) reverse the finding and sentence and acquit or discharge the accused
or order him to be re-tried by a Court competent to try the offence; or
(ii) alter the finding maintaining the sentence; or
(iii) with or without altering the finding, alter the nature or the extent, or,
the nature and extent, of the sentence, so as to enhance or reduce the same;
(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be
just or proper:Procedure for
hearing
appeals not
dismissedsummarily.
Powers of
Appellate
Court.
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Provided that the sentence shall not be enhanced unless the accused has had an
opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment for the
offence which in its opinion the accused has committed, than might have been inflicted for
that offence by the Court passing the order or sentence under appeal.
428. The rules contained in Chapter XXIX as to the judgment of a Criminal Court of
original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of aCourt of Session or Chief Judicial Magistrate:
Provided that, unless the Appellate Court otherwise directs, the accused shall not be
brought up, or required to attend, to hear judgment delivered.
429. (1) Whenever a case is decided on appeal by the High Court under this Chapter,
it shall certify its judgment or order to the Court by which the finding, sentence or orderappealed against was recorded or passed and if such Court is that of a Judicial Magistrateother than the Chief Judicial Magistrate, the High Court's judgment or order shall be sentthrough the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate,the High Court's judgment or order shall be sent through the District Magistrate.
(2) The Court to which the High Court certifies its judgment or order shall thereupon
make such orders as are conformable to the judgment or order of the High Court; and ifnecessary, the record shall be amended in accordance therewith.
430. (1) Pending any appeal by a convicted person, the Appellate Court may, for
reasons to be recorded by it in writing, order that the execution of the sentence or orderappealed against be suspended and, also, if he is in confinement, that he be released on bail,or on his own bond or bail bond:
Provided that the Appellate Court shall, before releasing on his own bond or bail
bond a convicted person who is convicted of an offence punishable with death orimprisonment for life or imprisonment for a term of not less than ten years, shall giveopportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be
open to the Public Prosecutor to file an application for the cancellation of the bail.
(2) The power conferred by this section on an Appellate Court may be exercised also
by the High Court in the case of an appeal by a convicted person to a Court subordinatethereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he
intends to present an appeal, the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term
not exceeding three years; or
(ii) where the offence of which such person has been convicted is a bailable
one, and he is on bail,
order that the convicted person be released on bail, unless there are special reasons forrefusing bail, for such period as will afford sufficient time to present the appeal and obtainthe orders of the Appellate Court under sub-section ( 1); and the sentence of imprisonment
shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to
imprisonment for life, the time during which he is so released shall be excluded in computingthe term for which he is so sentenced.
431. When an appeal is presented under section 419, the High Court may issue a
warrant directing that the accused be arrested and brought before it or any subordinateCourt, and the Court before which he is brought may commit him to prison pending thedisposal of the appeal or admit him to bail.Judgments of
subordinate
AppellateCourt.
Order of High
Court on
appeal to be
certified tolower Court.
Suspension of
sentence
pendingappeal; release
of appellant
on bail.
Arrest of
accused inappeal from
acquittal.
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432. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks
additional evidence to be necessary, shall record its reasons and may either take such
evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a HighCourt, by a Court of Session or a Magistrate.
(2) When the additional evidence is taken by the Court of Session or the Magistrate,
it or he shall certify such evidence to the Appellate Court, and such Court shall thereuponproceed to dispose of the appeal.
(3) The accused or his advocate shall have the right to be present when the additional
evidence is taken.
(4) The taking of evidence under this section shall be subject to the provisions of
Chapter XXV , as if it were an inquiry.
433. When an appeal under this Chapter is heard by a High Court before a Bench of
Judges and they are divided in opinion, the appeal, with their opinions, shall be laid beforeanother Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliverhis opinion, and the judgment or order shall follow that opinion:
Provided that if one of the Judges constituting the Bench, or, where the appeal is laid
before another Judge under this section, that Judge, so requires, the appeal shall bere-heard and decided by a larger Bench of Judges.
434. Judgments and orders passed by an Appellate Court upon an appeal shall be
final, except in the cases provided for in section 418, section 419, sub-section ( 4) of
section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in
any case, the Appellate Court may hear and dispose of, on the merits,—
(a) an appeal against acquittal under section 419, arising out of the same
case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of
the same case.
435. (1) Every appeal under section 418 or section 419 shall finally abate on the death
of the accused.
(2) Every other appeal under this Chapter (except an appeal from a sentence of fine)
shall finally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of death or of
imprisonment, and the appellant dies during the pendency of the appeal, any of his near
relatives may, within thirty days of the death of the appellant, apply to the Appellate Courtfor leave to continue the appeal; and if leave is granted, the appeal shall not abate.
Explanation .—In this section, "near relative" means a parent, spouse, lineal
descendant, brother or sister.
CHAPTER XXXII
R
EFERENCE AND REVISION
436. (1) Where any Court is satisfied that a case pending before it involves a question
as to the validity of any Act, Ordinance or Regulation or of any provision contained in anAct, Ordinance or Regulation, the determination of which is necessary for the disposal ofthe case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid orinoperative, but has not been so declared by the High Court to which that Court is subordinateor by the Supreme Court, the Court shall state a case setting out its opinion and the reasonstherefor, and refer the same for the decision of the High Court.Appellate
Court may
take furtherevidence or
direct it to be
taken.
Procedure
where Judgesof Court of
appeal are
equallydivided.
Finality of
judgments and
orders onappeal.
Abatement of
appeals.
Reference to
High Court.
Sec. 1]
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Explanation .—In this section, "Regulation" means any Regulation as defined in the
General Clauses Act, 1897, or in the General Clauses Act of a State.
(2) A Court of Session may, if it thinks fit in any case pending before it to which the
provisions of sub-section ( 1) do not apply, refer for the decision of the High Court any
question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under sub-section ( 1) or
sub-section ( 2) may, pending the decision of the High Court thereon, either commit the
accused to jail or release him on bail to appear when called upon.
437. (1) When a question has been so referred, the High Court shall pass such order
thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which
the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.
438. (1) The High Court or any Sessions Judge may call for and examine the record of
any proceeding before any inferior Criminal Court situate within its or his local jurisdictionfor the purpose of satisfying itself or himself as to the correctness, legality or propriety ofany finding, sentence or order, recorded or passed, and as to the regularity of anyproceedings of such inferior Court, and may, when calling, for such record, direct that theexecution of any sentence or order be suspended, and if the accused is in confinement thathe be released on his own bond or bail bond pending the examination of the record.
Explanation .—All Magistrates, whether Executive or Judicial, and whether exercising
original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for thepurposes of this sub-section and of section 439.
(2) The powers of revision conferred by sub-section ( 1) shall not be exercised in
relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the
High Court or to the Sessions Judge, no further application by the same person shall beentertained by the other of them.
439. On examining any record under section 438 or otherwise, the High Court or the
Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of theMagistrates subordinate to him to make, and the Chief Judicial Magistrate may himselfmake or direct any subordinate Magistrate to make, further inquiry into any complaintwhich has been dismissed under section 226 or sub-section ( 4) of section 227, or into the
case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry into the
case of any person who has been discharged unless such person has had an opportunity ofshowing cause why such direction should not be made.
440. (1) In the case of any proceeding the record of which has been called for by
himself, the Sessions Judge may exercise all or any of the powers which may be exercised bythe High Court under sub-section ( 1) of section 442.
(2) Where any proceeding by way of revision is commenced before a Sessions Judge
under sub-section ( 1), the provisions of sub-sections ( 2), (3), (4) and ( 5) of section 442
shall, so far as may be, apply to such proceeding and references in the said sub-sections tothe High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before
the Sessions Judge, the decision of the Sessions Judge thereon in relation to such personshall be final and no further proceeding by way of revision at the instance of such personshall be entertained by the High Court or any other Court.
441. An Additional Sessions Judge shall have and may exercise all the powers of a
Sessions Judge under this Chapter in respect of any case which may be transferred to himby or under any general or special order of the Sessions Judge.Disposal ofcase accordingto decision ofHigh Court.
Calling for
records toexercisepowers ofrevision.
Power to
order inquiry.
Sessions
Judge's powersof revision.
Power of
AdditionalSessions Judge.10 of 1897.
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442. (1) In the case of any proceeding the record of which has been called for by itself
or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise
any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on aCourt of Session by section 344, and, when the Judges composing the Court of revision areequally divided in opinion, the case shall be disposed of in the manner provided bysection 433.
(2) No order under this section shall be made to the prejudice of the accused or other
person unless he has had an opportunity of being heard either personally or by advocate inhis own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a
finding of acquittal into one of conviction.
(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding
by way of revision shall be entertained at the instance of the party who could haveappealed.
(5) Where under this Sanhita an appeal lies but an application for revision has been
made to the High Court by any person and the High Court is satisfied that such applicationwas made under the erroneous belief that no appeal lies thereto and that it is necessary inthe interests of justice so to do, the High Court may treat the application for revision as apetition of appeal and deal with the same accordingly.
443. (1) Whenever one or more persons convicted at the same trial makes or make
application to a High Court for revision and any other person convicted at the same trialmakes an application to the Sessions Judge for revision, the High Court shall decide,having regard to the general convenience of the parties and the importance of the questions
involved, which of the two Courts should finally dispose of the applications for revision
and when the High Court decides that all the applications for revision should be disposedof by itself, the High Court shall direct that the applications for revision pending before theSessions Judge be transferred to itself and where the High Court decides that it is notnecessary for it to dispose of the applications for revision, it shall direct that the applicationsfor revision made to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the High Court, that Court
shall deal with the same as if it were an application duly made before itself.
(3) Whenever any application for revision is transferred to the Sessions Judge, that
Judge shall deal with the same as if it were an application duly made before himself.
(4) Where an application for revision is transferred by the High Court to the Sessions
Judge, no further application for revision shall lie to the High Court or to any other Court atthe instance of the person or persons whose applications for revision have been disposedof by the Sessions Judge.
444. Save as otherwise expressly provided by this Sanhita, no party has any right to
be heard either personally or by an advocate before any Court exercising its powers of
revision; but the Court may, if it thinks fit, when exercising such powers, hear any party
either personally or by an advocate.
445. When a case is revised under this Chapter by the High Court or a Sessions
Judge, it or he shall, in the manner provided by section 429, certify its decision or order tothe Court by which the finding, sentence or order revised was recorded or passed, and theCourt to which the decision or order is so certified shall thereupon make such orders as areconformable to the decision so certified, and, if necessary, the record shall be amended inaccordance therewith.High Court's
powers of
revision.
Power of High
Court to
withdraw ortransfer
revision cases.
Option of
Court to hear
parties.
High Court's
order to becertified to
lower Court.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES
446. (1) Whenever it is made to appear to the Supreme Court that an order under this
section is expedient for the ends of justice, it may direct that any particular case or appeal be
transferred from one High Court to another High Court or from a Criminal Court subordinateto one High Court to another Criminal Court of equal or superior jurisdiction subordinate toanother High Court.
(2) The Supreme Court may act under this section only on the application of the
Attorney-General of India or of a party interested, and every such application shall be madeby motion, which shall, except when the applicant is the Attorney-General of India or theAdvocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is
dismissed, the Supreme Court may, if it is of opinion that the application was frivolous orvexatious, order the applicant to pay by way of compensation to any person who hasopposed the application such sum as it may consider appropriate in the circumstances ofthe case.
447. (1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court
subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that an order under this section is required by any provision of this Sanhita,
or will tend to the general convenience of the parties or witnesses, or is expedient forthe ends of justice,
it may order—
(i) that any offence be inquired into or tried by any Court not qualified under
sections 197 to 205 (both inclusive), but in other respects competent to inquire into ortry such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be transferred
from a Criminal Court subordinate to its authority to any other such Criminal Court ofequal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.
(2) The High Court may act either on the report of the lower Court, or on the application
of a party interested, or on its own initiative:
Provided that no application shall lie to the High Court for transferring a case from
one Criminal Court to another Criminal Court in the same sessions division, unless anapplication for such transfer has been made to the Sessions Judge and rejected by him.
(3) Every application for an order under sub-section ( 1) shall be made by motion,
which shall, except when the applicant is the Advocate-General of the State, be supportedby affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may direct
him to execute a bond or bail bond for the payment of any compensation which the HighCourt may award under sub-section ( 7).
(5) Every accused person making such application shall give to the Public Prosecutor
notice in writing of the application, together with a copy of the grounds on which it is made;and no order shall be made on the merits of the application unless at least twenty-four hourshave elapsed between the giving of such notice and the hearing of the application.Power of
Supreme Courtto transfer
cases and
appeals.
Power of High
Court to
transfer casesand appeals.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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(6) Where the application is for the transfer of a case or appeal from any subordinate
Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of
justice, order that, pending the disposal of the application the proceedings in the subordinateCourt shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court's power of remand
under section 346.
(7) Where an application for an order under sub-section ( 1) is dismissed, the High
Court may, if it is of opinion that the application was frivolous or vexatious, order theapplicant to pay by way of compensation to any person who has opposed the applicationsuch sum as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section ( 1) that a case be transferred from
any Court for trial before itself, it shall observe in such trial the same procedure which thatCourt would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of the Government
under section 218.
448. (1) Whenever it is made to appear to a Sessions Judge that an order under this
sub-section is expedient for the ends of justice, he may order that any particular case betransferred from one Criminal Court to another Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the
application of a party interested, or on his own initiative.
(3) The provisions of sub-sections ( 3), (4), (5), (6), (7) and ( 9) of section 447 shall
apply in relation to an application to the Sessions Judge for an order under sub-section ( 1)
as they apply in relation to an application to the High Court for an order undersub-section ( 1) of section 447, except that sub-section ( 7) of that section shall so apply as
if for the word "sum" occurring therein, the words "sum not exceeding ten thousand rupees"were substituted.
449. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or
appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced
before the Additional Sessions Judge, a Sessions Judge may recall any case or appealwhich he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section ( 1)
or sub-section ( 2), he may either try the case in his own Court or hear the appeal himself, or
make it over in accordance with the provisions of this Sanhita to another Court for trial orhearing, as the case may be.
450. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case
which he has made over to, any Magistrate subordinate to him, and may inquire into or trysuch case himself, or refer it for inquiry or trial to any other such Magistrate competent toinquire into or try the same.
(2) Any Judicial Magistrate may recall any case made over by him under
sub-section ( 2) of section 212 to any other Magistrate and may inquire into or try such
cases himself.
451. Any District Magistrate or Sub-divisional Magistrate may—
(a) make over, for disposal, any proceeding which has been started before him,
to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any
Magistrate subordinate to him, and dispose of such proceeding himself or refer it fordisposal to any other Magistrate.Power of
Sessions Judgeto transfer
cases and
appeals.
Withdrawal of
cases and
appeals bySessions
Judges.
Withdrawal of
cases by
JudicialMagistrates.
Making over
or withdrawal
of cases byExecutive
Magistrates.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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452. A Sessions Judge or Magistrate making an order under section 448, section 449,
section 450 or section 451 shall record his reasons for making it.
CHAPTER XXXIV
EXECUTION , SUSPENSION , REMISSION AND COMMUTATION OF SENTENCES
A.—Death sentences
453. When in a case submitted to the High Court for the confirmation of a sentence of
death, the Court of Session receives the order of confirmation or other order of the High
Court thereon, it shall cause such order to be carried into effect by issuing a warrant ortaking such other steps as may be necessary.
454. When a sentence of death is passed by the High Court in appeal or in revision,
the Court of Session shall, on receiving the order of the High Court, cause the sentence tobe carried into effect by issuing a warrant.
455. (1) Where a person is sentenced to death by the High Court and an appeal from
its judgment lies to the Supreme Court under sub-clause ( a) or sub-clause ( b) of clause (1)
of article 134 of the Constitution, the High Court shall order the execution of the sentence tobe postponed until the period allowed for preferring such appeal has expired, or if, an appealis preferred within that period, until such appeal is disposed of.
(2) Where a sentence of death is passed or confirmed by the High Court, and the
person sentenced makes an application to the High Court for the grant of a certificate underarticle 132 or under sub-clause ( c) of clause (1) of article 134 of the Constitution, the High
Court shall order the execution of the sentence to be postponed until such application isdisposed of by the High Court, or if a certificate is granted on such application, until theperiod allowed for preferring an appeal to the Supreme Court on such certificate has expired.
(3) Where a sentence of death is passed or confirmed by the High Court, and the High
Court is satisfied that the person sentenced intends to present a petition to the SupremeCourt for the grant of special leave to appeal under article 136 of the Constitution, the HighCourt shall order the execution of the sentence to be postponed for such period as itconsiders sufficient to enable him to present such petition.
456. If a woman sentenced to death is found to be pregnant, the High Court shall
commute the sentence to imprisonment for life.
B.—Imprisonment
457. (1) Except when otherwise provided by any law for the time being in force, the
State Government may direct in what place any person liable to be imprisoned or committedto custody under this Sanhita shall be confined.
(2) If any person liable to be imprisoned or committed to custody under this Sanhita
is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committalmay direct that the person be removed to a criminal jail.
(3) When a person is removed to a criminal jail under sub-section ( 2), he shall, on
being released therefrom, be sent back to the civil jail, unless either—
(a) three years have elapsed since he was removed to the criminal jail, in which
case he shall be deemed to have been released from the civil jail under section 58 ofthe Code of Civil Procedure, 1908; or
(b) the Court which ordered his imprisonment in the civil jail has certified to the
officer in charge of the criminal jail that he is entitled to be released under section 58of the Code of Civil Procedure, 1908.Reasons to be
recorded.
Execution of
order passed
under section409.
Execution of
sentence ofdeath passed
by High Court.
Postponement
of execution
of sentence of
death in caseof appeal to
Supreme
Court.
Commutation
of sentence of
death on
pregnantwoman.
Power to
appoint place
ofimprisonment.
5 of 1908.
5 of 1908.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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458. (1) Where the accused is sentenced to imprisonment for life or to imprisonment
for a term in cases other than those provided for by section 453, the Court passing the
sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be,confined, and, unless the accused is already confined in such jail or other place, shallforward him to such jail or other place, with the warrant:
Provided that where the accused is sentenced to imprisonment till the rising of the
Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused maybe confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such
imprisonment as is mentioned in sub-section ( 1), the Court shall issue a warrant for his
arrest for the purpose of forwarding him to the jail or other place in which he is to beconfined; and in such case, the sentence shall commence on the date of his arrest.
459. Every warrant for the execution of a sentence of imprisonment shall be directed
to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.
460. When the prisoner is to be confined in a jail, the warrant shall be lodged with the
jailor.
C.—Levy of fine
461. (1) When an offender has been sentenced to pay a fine, but no such payment
has been made, the Court passing the sentence may take action for the recovery of the finein either or both of the following ways, that is to say, it may—
(a) issue a warrant for the levy of the amount by attachment and sale of any
movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorising him to realise the
amount as arrears of land revenue from the movable or immovable property, or both,of the defaulter:
Provided that, if the sentence directs that in default of payment of the fine, the
offender shall be imprisoned, and if such offender has undergone the whole of such
imprisonment in default, no Court shall issue such warrant unless, for special reasons to berecorded in writing, it considers it necessary so to do, or unless it has made an order for thepayment of expenses or compensation out of the fine under section 395.
(2) The State Government may make rules regulating the manner in which warrants
under clause ( a) of sub-section ( 1) are to be executed, and for the summary determination of
any claims made by any person other than the offender in respect of any property attachedin execution of such warrant.
(3) Where the Court issues a warrant to the Collector under clause ( b) of
sub-section ( 1), the Collector shall realise the amount in accordance with the law relating to
recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:
Provided that no such warrant shall be executed by the arrest or detention in prison of
the offender.
462. A warrant issued under clause ( a) of sub-section ( 1) of section 461 by any Court
may be executed within the local jurisdiction of such Court, and it shall authorise theattachment and sale of any such property outside such jurisdiction, when it is endorsed bythe District Magistrate within whose local jurisdiction such property is found.
463. Notwithstanding anything in this Sanhita or in any other law for the time being
in force, when an offender has been sentenced to pay a fine by a Criminal Court in anyterritory to which this Sanhita does not extend and the Court passing the sentence issuesa warrant to the Collector of a district in the territories to which this Sanhita extends,authorising him to realise the amount as if it were an arrear of land revenue, such warrantshall be deemed to be a warrant issued under clause ( b) of sub-section ( 1) of section 461 byExecution of
sentence of
imprisonment.
Direction ofwarrant forexecution.
Warrant with
whom to belodged.
Warrant forlevy of fine.
Effect of such
warrant.
Warrant for
levy of fineissued by a
Court in any
territory towhich this
Sanhita does
not extend.
Sec. 1]
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a Court in the territories to which this Sanhita extends, and the provisions of sub-section ( 3)
of the said section as to the execution of such warrant shall apply accordingly.
464. (1) When an offender has been sentenced to fine only and to imprisonment in
default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more
than thirty days from the date of the order, or in two or three installments, of which the
first shall be payable on or before a date not more than thirty days from the date of theorder and the other or others at an interval or at intervals, as the case may be, of notmore than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the
offender, on the execution by the offender of a bond or bail bond, as the Court thinksfit, conditioned for his appearance before the Court on the date or dates on or beforewhich payment of the fine or the installments thereof, as the case may be, is to bemade; and if the amount of the fine or of any installment, as the case may be, is notrealised on or before the latest date on which it is payable under the order, the Courtmay direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section ( 1) shall be applicable also in any case in which an
order for the payment of money has been made on non-recovery of which imprisonment
may be awarded and the money is not paid forthwith; and, if the person against whom theorder has been made, on being required to enter into a bond such as is referred to in thatsub-section, fails to do so, the Court may at once pass sentence of imprisonment.
D.—General provisions regarding execution
465. Every warrant for the execution of a sentence may be issued either by the Judge
or Magistrate who passed the sentence, or by his successor-in-office.
466. (1) When a sentence of death, imprisonment for life or fine is passed under this
Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbeforecontained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed under this Sanhita on an
escaped convict,—
(a) if such sentence is severer in kind than the sentence which such convict
was undergoing when he escaped, the new sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the sentence which such convict
was undergoing when he escaped, the new sentence shall take effect after he hassuffered imprisonment for a further period equal to that which, at the time of hisescape, remained unexpired of his former sentence.
(3) For the purposes of sub-section ( 2), a sentence of rigorous imprisonment shall be
deemed to be severer in kind than a sentence of simple imprisonment.
467. (1) When a person already undergoing a sentence of imprisonment is sentenced
on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or
imprisonment for life shall commence at the expiration of the imprisonment to which he hasbeen previously sentenced, unless the Court directs that the subsequent sentence shallrun concurrently with such previous sentence:
Provided that where a person who has been sentenced to imprisonment by an order
under section 141 in default of furnishing security is, whilst undergoing such sentence,sentenced to imprisonment for an offence committed prior to the making of such order, thelatter sentence shall commence immediately.
(2) When a person already undergoing a sentence of imprisonment for life is sentenced
on a subsequent conviction to imprisonment for a term or imprisonment for life, thesubsequent sentence shall run concurrently with such previous sentence.Suspension of
execution of
sentence ofimprisonment.
Who may
issue warrant.
Sentence on
escapedconvict when
to take effect.
Sentence on
offender
already
sentenced foranother
offence.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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468. Where an accused person has, on conviction, been sentenced to imprisonment
for a term, not being imprisonment in default of payment of fine, the period of detention, if
any, undergone by him during the investigation, inquiry or trial of the same case and before
the date of such conviction, shall be set off against the term of imprisonment imposed on
him on such conviction, and the liability of such person to undergo imprisonment on suchconviction shall be restricted to the remainder, if any, of the term of imprisonment imposedon him:
Provided that in cases referred to in section 475, such period of detention shall be set
off against the period of fourteen years referred to in that section.
469. (1) Nothing in section 466 or section 467 shall be held to excuse any person from
any part of the punishment to which he is liable upon his former or subsequent conviction.
(2) When an award of imprisonment in default of payment of a fine is annexed to a
substantive sentence of imprisonment and the person undergoing the sentence is after itsexecution to undergo a further substantive sentence or further substantive sentences ofimprisonment, effect shall not be given to the award of imprisonment in default of payment
of the fine until the person has undergone the further sentence or sentences.
470. When a sentence has been fully executed, the officer executing it shall return the
warrant to the Court from which it is issued, with an endorsement under his hand certifying
the manner in which the sentence has been executed.
471. Any money (other than a fine) payable by virtue of any order made under this
Sanhita, and the method of recovery of which is not otherwise expressly provided for, shallbe recoverable as if it were a fine:
Provided that section 461 shall, in its application to an order under section 400, by
virtue of this section, be construed as if in the proviso to sub-section ( 1) of section 461,
after the words and figures "under section 395", the words and figures "or an order forpayment of costs under section 400" had been inserted.
E.—Suspension, remission and commutation of sentences
472. (1) A convict under the sentence of death or his legal heir or any other relative
may, if he has not already submitted a petition for mercy, file a mercy petition before the
President of India under article 72 or the Governor of the State under article 161 of the
Constitution within a period of thirty days from the date on which the Superintendent of thejail,—
(i) informs him about the dismissal of the appeal, review or special leave to
appeal by the Supreme Court; or
(ii) informs him about the date of confirmation of the sentence of death by the
High Court and the time allowed to file an appeal or special leave in the Supreme Courthas expired.
(2) The petition under sub-section ( 1) may, initially be made to the Governor and on
its rejection or disposal by the Governor, the petition shall be made to the President within
a period of sixty days from the date of rejection or disposal of such petition.
(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that
every convict, in case there are more than one convict in a case, also files the mercy petitionwithin a period of sixty days and on non-receipt of such petition from the other convicts,Superintendent of the jail shall send the names, addresses, copy of the record of the caseand all other details of the case to the Central Government or the State Government forconsideration along with the said mercy petition.
(4) The Central Government shall, on receipt of the mercy petition seek the comments
of the State Government and consider the petition along with the records of the case andPeriod of
detention
undergone byaccused to be
set off against
sentenceof
imprisonment.
Return of
warrant on
execution ofsentence.
Moneyordered to bepaid
recoverable as
a fine.
Mercy
petition in
death sentence
cases.Saving.
Sec. 1]
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make recommendations to the President in this behalf, as expeditiously as possible, within
a period of sixty days from the date of receipt of comments of the State Government and
records from Superintendent of the Jail.
(5) The President may, consider, decide and dispose of the mercy petition and, in case
there are more than one convict in a case, the petitions shall be decided by the President
together in the interests of justice.
(6) Upon receipt of the order of the President on the mercy petition, the Central
Government shall within forty-eight hours, communicate the same to the Home Department
of the State Government and the Superintendent of the jail or officer in charge of the jail.
(7) No appeal shall lie in any Court against the order of the President or of the
Governor made under article 72 or article 161 of the Constitution and it shall be final, and anyquestion as to the arriving of the decision by the President or the Governor shall not beinquired into in any Court.
473. (1) When any person has been sentenced to punishment for an offence, the
appropriate Government may, at any time, without conditions or upon any conditions whichthe person sentenced accepts, suspend the execution of his sentence or remit the whole orany part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension
or remission of a sentence, the appropriate Government may require the presiding Judge ofthe Court before or by which the conviction was had or confirmed, to state his opinion as towhether the application should be granted or refused, together with his reasons for such
opinion and also to forward with the statement of such opinion a certified copy of the
record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the
opinion of the appropriate Government, not fulfilled, the appropriate Government may cancelthe suspension or remission, and thereupon the person in whose favour the sentence hasbeen suspended or remitted may, if at large, be arrested by any police officer, withoutwarrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section
may be one to be fulfilled by the person in whose favour the sentence is suspended orremitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions
as to the suspension of sentences and the conditions on which petitions should be presentedand dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a
person above the age of eighteen years, no such petition by the person sentenced or by
any other person on his behalf shall be entertained, unless the person sentenced is in jail,
and—
(a) where such petition is made by the person sentenced, it is presented through
the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration
that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by
a Criminal Court under any section of this Sanhita or of any other law, which restricts the
liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 474, the expression "appropriate Government"
means,—
(a) in cases where the sentence is for an offence against, or the order referred to
in sub-section ( 6) is passed under, any law relating to a matter to which the executive
power of the Union extends, the Central Government;Power to
suspend or
remit
sentences.
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(b) in other cases, the Government of the State within which the offender is
sentenced or the said order is passed.
474. The appropriate Government may, without the consent of the person sentenced,
commute—
(a) a sentence of death, for imprisonment for life;
(b) a sentence of imprisonment for life, for imprisonment for a term not less than
seven years;
(c) a sentence of imprisonment for seven years or more, for imprisonment for a
term not less than three years;
(d) a sentence of imprisonment for less than seven years, for fine;
(e) a sentence of rigorous imprisonment, for simple imprisonment for any term
to which that person might have been sentenced.475. Notwithstanding anything contained in section 473, where a sentence of
imprisonment for life is imposed on conviction of a person for an offence for which death is
one of the punishments provided by law, or where a sentence of death imposed on a person
has been commuted under section 474 into one of imprisonment for life, such person shall
not be released from prison unless he had served at least fourteen years of imprisonment.
476. The powers conferred by sections 473 and 474 upon the State Government may,
in the case of sentences of death, also be exercised by the Central Government.
477. (1) The powers conferred by sections 473 and 474 upon the State Government to
remit or commute a sentence, in any case where the sentence is for an offence—
(a) which was investigated by any agency empowered to make investigation
into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any
property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government
while acting or purporting to act in the discharge of his official duty,
shall not be exercised by the State Government except after concurrence with the Central
Government.
(2) No order of suspe nsion, remission or commutation of sentences passed by the State
Government in relation to a person, who has been convicted of offences, some of which relate to
matters to which the executive power of the Union extends, and who has been sentenced to
separate terms of imprisonment which are to run concurrently, shall have effect unless an order
for the suspension, remission or commutation, as the case may be, of such sentences has also
been made by the Central Government in relation to the offences committed by such person
with regard to matters to which the executive power of the Union extends.
CHAPTER XXXV
P
ROVISIONS AS TO BAIL AND BONDS
478. (1) When any person other than a person accused of a non-bailable offence is
arrested or detained without warrant by an officer in charge of a police station, or appearsPower to
commute
sentence.
Restriction on
powers of
remission orcommutation
in certain
cases.
Concurrent
power ofCentral
Government
in case ofdeath
sentences.
State
Government
to act after
concurrencewith Central
Government
in certaincases.
In what cases
bail to be
taken.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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or is brought before a Court, and is prepared at any time while in the custody of such officer
or at any stage of the proceeding before such Court to give bail, such person shall bereleased on bail:
Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person
is indigent and is unable to furnish surety, instead of taking bail bond from such person,discharge him on his executing a bond for his appearance as hereinafter provided.
Explanation .—Where a person is unable to give bail bond within a week of the date
of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he isan indigent person for the purposes of this proviso:
Provided further that nothing in this section shall be deemed to affect the provisions
of sub-section ( 3) of section 135 or section 492.
(2) Notwithstanding anything in sub-section ( 1), where a person has failed to comply
with the conditions of the bond or bail bond as regards the time and place of attendance, theCourt may refuse to release him on bail, when on a subsequent occasion in the same case heappears before the Court or is brought in custody and any such refusal shall be withoutprejudice to the powers of the Court to call upon any person bound by such bond or bailbond to pay the penalty thereof under section 491.
479. (1) Where a person has, during the period of investigation, inquiry or trial under
this Sanhita of an offence under any law (not being an offence for which the punishment ofdeath or life imprisonment has been specified as one of the punishments under that law)undergone detention for a period extending up to one-half of the maximum period ofimprisonment specified for that offence under that law, he shall be released by the Court onbail:
Provided that where such person is a first-time offender (who has never been convicted
of any offence in the past) he shall be released on bond by the Court, if he has undergonedetention for the period extending up to one-third of the maximum period of imprisonmentspecified for such offence under that law:
Provided further that the Court may, after hearing the Public Prosecutor and for
reasons to be recorded by it in writing, order the continued detention of such person for aperiod longer than one-half of the said period or release him on bail bond instead of hisbond:
Provided also that no such person shall in any case be detained during the period of
investigation, inquiry or trial for more than the maximum period of imprisonment providedfor the said offence under that law.
Explanation .—In computing the period of detention under this section for granting
bail, the period of detention passed due to delay in proceeding caused by the accused shallbe excluded.
(2) Notwithstanding anything in sub-section ( 1), and subject to the third proviso
thereof, where an investigation, inquiry or trial in more than one offence or in multiple casesare pending against a person, he shall not be released on bail by the Court.
(3) The Superintendent of jail, where the accused person is detained, on completion
of one-half or one-third of the period mentioned in sub-section ( 1), as the case may be, shall
forthwith make an application in writing to the Court to proceed under sub-section ( 1) for
the release of such person on bail.
480. (1) When any person accused of, or suspected of, the commission of any
non-bailable offence is arrested or detained without warrant by an officer in charge of apolice station or appears or is brought before a Court other than the High Court or Court ofSession, he may be released on bail, but—
(i) such person shall not be so released if there appear reasonable grounds forMaximum
period forwhich
undertrial
prisoner canbe detained.
When bail
may be takenin case of
non-bailable
offence.
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believing that he has been guilty of an offence punishable with death or imprisonment
for life;
(ii) such person shall not be so released if such offence is a cognizable offence
and he had been previously convicted of an offence punishable with death,imprisonment for life or imprisonment for seven years or more, or he had beenpreviously convicted on two or more occasions of a cognizable offence punishablewith imprisonment for three years or more but less than seven years:
Provided that the Court may direct that a person referred to in clause ( i) or clause ( ii)
be released on bail if such person is a child or is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause ( ii)
be released on bail if it is satisfied that it is just and proper so to do for any other special
reason:
Provided also that the mere fact that an accused person may be required for being
identified by witnesses during investigation or for police custody beyond the first fifteendays shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to bereleased on bail and gives an undertaking that he shall comply with such directions as maybe given by the Court:
Provided also that no person shall, if the offence alleged to have been committed by
him is punishable with death, imprisonment for life, or imprisonment for seven years ormore, be released on bail by the Court under this sub-section without giving an opportunityof hearing to the Public Prosecutor.
the execution by him of a bond for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable
with imprisonment which may extend to seven years or more or of an offence under
Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetmentof, or conspiracy or attempt to commit, any such offence, is released on bail undersub-section ( 1), the Court shall impose the conditions,—
(a) that such person shall attend in accordance with the conditions of the bond
executed under this Chapter;
(b) that such person shall not commit an offence similar to the offence of which
he is accused, or suspected, of the commission of which he is suspected; and
(c) that such person shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence,
and may also impose, in the interests of justice, such other conditions as it considersnecessary.
(4) An officer or a Court releasing any person on bail under sub-section ( 1) or
sub-section ( 2), shall record in writing his or its reasons or special reasons for so doing.
(5) Any Court which has released a person on bail under sub-section ( 1) or
sub-section ( 2), may, if it considers it necessary so to do, direct that such person be
arrested and commit him to custody.(2)
If it appears to such officer or Court at any stage of the investigation, inquiry or
trial, as the case may be, that there are not reasonable grounds for believing that the
accused has committed a non-bailable offence, but that there are sufficient grounds for
further inquiry into his guilt, the accused shall, subject to the provisions of section 49 2 and
pending such inquiry, be released on bail, or, at the discretion of such officer or Court, o
n
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(6) If, in any case triable by a Magistrate, the trial of a person accused of any
non-bailable offence is not concluded within a period of sixty days from the first date fixed
for taking evidence in the case, such person shall, if he is in custody during the whole of the
said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to
be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time, after the conclusion of the trial of a person accused of a
non-bailable offence and before judgment is delivered, the Court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it shall
release the accused, if he is in custody, on the execution by him of a bond for his appearanceto hear judgment delivered.
481. (1) Before conclusion of the trial and before disposal of the appeal, the Court
trying the offence or the Appellate Court, as the case may be, shall require the accused toexecute a bond or bail bond, to appear before the higher Court as and when such Court
issues notice in respect of any appeal or petition filed against the judgment of the respective
Court and such bond shall be in force for six months.
(2) If such accused fails to appear, the bond stand forfeited and the procedure under
section 491 shall apply.
482. (1) When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to the High Court orthe Court of Session for a direction under this section; and that Court may, if it thinks fit,
direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under
sub-section ( 1), it may include such conditions in such directions in the light of the facts of
the particular case, as it may think fit, including—
(i) a condition that the person shall make himself available for interrogation by
a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous
permission of the Court;
(iv) such other condition as may be imposed under sub-section ( 3) of
section 480, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a
police station on such accusation, and is prepared either at the time of arrest or at any time
while in the custody of such officer to give bail, he shall be released on bail; and if a
Magistrate taking cognizance of such offence decides that a warrant should be issued inthe first instance against that person, he shall issue a bailable warrant in conformity with the
direction of the Court under sub-section ( 1).
(4) Nothing in this section shall apply to any case involving the arrest of any person
on accusation of having committed an offence under section 65 and sub-section ( 2) of
section 70 of the Bharatiya Nyaya Sanhita, 2023.
483. (1) A High Court or Court of Session may direct,—
(a) that any person accused of an offence and in custody be released on bail,
and if the offence is of the nature specified in sub-section ( 3) of section 480, may
impose any condition which it considers necessary for the purposes mentioned inthat sub-section;Bail to require
accused toappear beforenext AppellateCourt.
Direction for
grant of bailto personapprehendingarrest.
Special powers
of High Courtor Court ofSessionregarding bail.
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(b) that any condition imposed by a Magistrate when releasing any person on
bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a
person who is accused of an offence which is triable exclusively by the Court of Session or
which, though not so triable, is punishable with imprisonment for life, give notice of the
application for bail to the Public Prosecutor unless it is, for reasons to be recorded in
writing, of opinion that it is not practicable to give such notice:
Provided further that the High Court or the Court of Session shall, before granting
bail to a person who is accused of an offence triable under section 65 or sub-section ( 2) of
section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to thePublic Prosecutor within a period of fifteen days from the date of receipt of the notice of
such application.
(2) The presence of the informant or any person authorised by him shall be obligatory
at the time of hearing of the application for bail to the person under section 65 orsub-section ( 2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
(3) A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.
484. (1) The amount of every bond executed under this Chapter shall be fixed with
due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or the Court of Session may direct that the bail required by a police
officer or Magistrate be reduced.
485. (1) Before any person is released on bond or bail bond, a bond for such sum of
money as the police officer or Court, as the case may be, thinks sufficient shall be executed
by such person, and, when he is released on bond or bail bond, by one or more sufficient
sureties conditioned that such person shall attend at the time and place mentioned in the
bond, and shall continue so to attend until otherwise directed by the police officer or Court,as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or
bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released
on bail to appear when called upon at the High Court, Court of Session or other Court to
answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court
may accept affidavits in proof of the facts contained therein relating to the sufficiency orfitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause
an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or
fitness.
486. Every person standing surety to an accused person for his release on bail, shall
make a declaration before the Court as to the number of persons to whom he has stood
surety including the accused, giving therein all the relevant particulars.
487. (1) As soon as the bond or bail bond has been executed, the person for whose
appearance it has been executed shall be released; and, when he is in jail, the court admittinghim to bail shall issue an order of release to the officer in charge of the jail, and such officer
on receipt of the orders shall release him.
(2) Nothing in this section, section 478 or section 480, shall be deemed to require the
release of any person liable to be detained for some matter other than that in respect of
which the bond or bail bond was executed.Amount of
bond and
reductionthereof.
Bond of
accused and
sureties.
Declaration by
sureties.
Discharge
from custody.
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488. If, through mistake, fraud or otherwise, insufficient sureties have been accepted,
or if they afterwards become insufficient, the Court may issue a warrant of arrest directing
that the person released on bail be brought before it and may order him to find sufficientsureties, and, on his failing so to do, may commit him to jail.
489. (1) All or any sureties for the attendance and appearance of a person released on
bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far asrelates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest
directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary
surrender, the Magistrate shall direct the bond to be discharged either wholly or so far asrelates to the applicants, and shall call upon such person to find other sufficient sureties,and, if he fails to do so, may commit him to jail.
490. When any person is required by any Court or officer to execute a bond or bail
bond, such Court or officer may, except in the case of a bond for good behaviour, permit himto deposit a sum of money or Government promissory notes to such amount as the Court or
officer may fix in lieu of executing such bond.
491. (1) Where,—
(a) a bond under this Sanhita is for appearance, or for production of property,
before a Court and it is proved to the satisfaction of that Court, or of any Court to
which the case has subsequently been transferred, that the bond has been forfeited; or
(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction
of the Court by which the bond was taken, or of any Court to which the case has
subsequently been transferred, or of the Court of any Magistrate of the first class,
that the bond has been forfeited,
the Court shall record the grounds of such proof, and may call upon any person bound by
such bond to pay the penalty thereof or to show cause why it should not be paid.
Explanation .—A condition in a bond for appearance, or for production of property,
before a Court shall be construed as including a condition for appearance, or as the case
may be, for production of property, before any Court to which the case may subsequentlybe transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed
to recover the same as if such penalty were a fine imposed by it under this Sanhita:
Provided that where such penalty is not paid and cannot be recovered in the manner
aforesaid, the person so bound as surety shall be liable, by order of the Court ordering therecovery of the penalty, to imprisonment in civil jail for a term which may extend to six
months.
(3) The Court may, after recording its reasons for doing so, remit any portion of the
penalty mentioned and enforce payment in part only.
(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be
discharged from all liability in respect of the bond.
(5) Where any person who has furnished security under section 125 or section 136 or
section 401 is convicted of an offence the commission of which constitutes a breach of the
conditions of his bond, or of a bond executed in lieu of his bond under section 494, a
certified copy of the judgment of the Court by which he was convicted of such offence maybe used as evidence in proceedings under this section against his surety or sureties, and,if such certified copy is so used, the Court shall presume that such offence was committed
by him unless the contrary is proved.Power to
order
sufficient bailwhen that first
taken is
insufficient.
Discharge of
sureties.
Deposit
instead ofrecognizance.
Procedure
when bond hasbeen forfeited.
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492. Without prejudice to the provisions of section 491, where a bond or bail bond
under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a
condition,—
(a) the bond executed by such person as well as the bond, if any, executed by
one or more of his sureties in that case shall stand cancelled; and
(b) thereafter no such person shall be released only on his own bond in that
case, if the police officer or the Court, as the case may be, for appearance beforewhom the bond was executed, is satisfied that there was no sufficient cause for thefailure of the person bound by the bond to comply with its condition:
Provided that subject to any other provisions of this Sanhita he may be released in
that case upon the execution of a fresh personal bond for such sum of money and bond by
one or more of such sureties as the police officer or the Court, as the case may be, thinkssufficient.
493. When any surety to a bail bond under this Sanhita becomes insolvent or dies,
or when any bond is forfeited under the provisions of section 491, the Court by whose ordersuch bond was taken, or a Magistrate of the first class may order the person from whomsuch security was demanded to furnish fresh security in accordance with the directions of
the original order, and if such security is not furnished, such Court or Magistrate may
proceed as if there had been a default in complying with such original order.
494. When the person required by any Court, or officer to execute a bond is a child,
such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties
only.
495. All orders passed under section 491 shall be appealable,—
(i) in the case of an order made by a Magistrate, to the Sessions Judge;
(ii) in the case of an order made by a Court of Session, to the Court to which an
appeal lies from an order made by such Court.
496. The High Court or Court of Session may direct any Magistrate to levy the
amount due on a bond for appearance or attendance at such High Court or Court of Session.
CHAPTER XXXVI
D
ISPOSAL OF PROPERTY
497. (1) When any property is produced before any Criminal Court or the Magistrate
empowered to take cognizance or commit the case for trial during any investigation, inquiry
or trial, the Court or the Magistrate may make such order as it thinks fit for the propercustody of such property pending the conclusion of the investigation, inquiry or trial, and,if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do,the Court or the Magistrate may, after recording such evidence as it thinks necessary, orderit to be sold or otherwise disposed of.
Explanation .—For the purposes of this section, "property" includes—
(a) property of any kind or document which is produced before the Court or
which is in its custody;
(b) any property regarding which an offence appears to have been committed
or which appears to have been used for the commission of any offence.
(2) The Court or the Magistrate shall, within a period of fourteen days from the
production of the property referred to in sub-section ( 1) before it, prepare a statement of
such property containing its description in such form and manner as the State Government
may, by rules, provide.
(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary,Cancellation
of bond and
bail bond.
Procedure in
case ofinsolvency or
death of
surety or whena bond is
forfeited.
Bond required
from child.
Appeal fromorders undersection 491.
Power to
direct levy of
amount due oncertain
recognizances.
Order for
custody and
disposal of
propertypending trial
in certain
cases.
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videograph on mobile phone or any electronic media, of the property referred to in
sub-section ( 1).
(4) The statement prepared under sub-section ( 2) and the photograph or the
videography taken under sub-section ( 3) shall be used as evidence in any inquiry, trial or
other proceeding under the Sanhita.
(5) The Court or the Magistrate shall, within a period of thirty days after the statement
has been prepared under sub-section ( 2) and the photograph or the videography has been
taken under sub-section ( 3), order the disposal, destruction, confiscation or delivery of the
property in the manner specified hereinafter.
498. (1) When an investigation, inquiry or trial in any criminal case is concluded, the
Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction,
confiscation or delivery to any person claiming to be entitled to possession thereof or
otherwise, of any property or document produced before it or in its custody, or regardingwhich any offence appears to have been committed, or which has been used for the
commission of any offence.
(2) An order may be made under sub-section ( 1) for the delivery of any property to
any person claiming to be entitled to the possession thereof, without any condition or oncondition that he executes a bond, with or without securities, to the satisfaction of the
Court or the Magistrate, engaging to restore such property to the Court if the order madeunder sub-section ( 1) is modified or set aside on appeal or revision.
(3) A Court of Session may, instead of itself making an order under sub-section ( 1),
direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupondeal with it in the manner provided in sections 503, 504 and 505.
(4) Except where the property is livestock or is subject to speedy and natural decay,
or where a bond has been executed in pursuance of sub-section ( 2), an order made under
sub-section ( 1) shall not be carried out for two months, or when an appeal is presented,
until such appeal has been disposed of.
(5) In this section, the term "property" includes, in the case of property regarding
which an offence appears to have been committed, not only such property as has been
originally in the possession or under the control of any party, but also any property into or
for which the same may have been converted or exchanged, and anything acquired by suchconversion or exchange, whether immediately or otherwise.
499. When any person is convicted of any offence which includes, or amounts to,
theft or receiving stolen property, and it is proved that any other person bought the stolenproperty from him without knowing or having reason to believe that the same was stolen,
and that any money has on his arrest been taken out of the possession of the convicted
person, the Court may, on the application of such purchaser and on the restitution of thestolen property to the person entitled to the possession thereof, order that out of such
money a sum not exceeding the price paid by such purchaser be delivered to him within six
months from the date of such order.
500. (1) Any person aggrieved by an order made by a Court or Magistrate under
section 498 or section 499, may appeal against it to the Court to which appeals ordinarily liefrom convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayed pending
disposal of the appeal, or may modify, alter or annul the order and make any further ordersthat may be just.
(3) The powers referred to in sub-section ( 2) may also be exercised by a Court of
appeal, confirmation or revision while dealing with the case in which the order referred to insub-section ( 1) was made.
501. (1) On a conviction under section 294, section 295, or sub-sections ( 3) and ( 4) of
section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of allthe copies of the thing in respect of which the conviction was had, and which are in the
custody of the Court or remain in the possession or power of the person convicted.Order for
disposal ofproperty atconclusion oftrial.
Payment to
innocentpurchaser ofmoney foundon accused.
Appeal against
orders undersection 498 orsection 499.
Destruction of
libellous andother matter.
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(2) The Court may, in like manner, on a conviction under section 274, section 275,
section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug
or medical preparation in respect of which the conviction was had, to be destroyed.
502. (1) When a person is convicted of an offence by use of criminal force or show of
force or by criminal intimidation, and it appears to the Court that, by such use of force orshow of force or intimidation, any person has been dispossessed of any immovable property,the Court may, if it thinks fit, order that possession of the same be restored to that personafter evicting by force, if necessary, any other person who may be in possession of theproperty:
Provided that no such order shall be made by the Court more than one month after the
date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section ( 1),
the Court of appeal, confirmation or revision may, if it thinks fit, make such order whiledisposing of the appeal, reference or revision, as the case may be.
(3) Where an order has been made under sub-section ( 1), the provisions of
section 500 shall apply in relation thereto as they apply in relation to an order under section 499.
(4) No order made under this section shall prejudice any right or interest to or in such
immovable property which any person may be able to establish in a civil suit.
503. (1) Whenever the seizure of property by any police officer is reported to a
Magistrate under the provisions of this Sanhita, and such property is not produced before
a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinksfit respecting the disposal of such property or the delivery of such property to the person
entitled to the possession thereof, or if such person cannot be ascertained, respecting the
custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be
delivered to him on such conditions (if any) as the Magistrate thinks fit and if such personis unknown, the Magistrate may detain it and shall, in such case, issue a proclamationspecifying the articles of which such property consists, and requiring any person who mayhave a claim thereto, to appear before him and establish his claim within six months from the
date of such proclamation.
504. (1) If no person within such period establishes his claim to such property, and if
the person in whose possession such property was found is unable to show that it was
legally acquired by him, the Magistrate may by order direct that such property shall be at
the disposal of the State Government and may be sold by that Government and the proceeds
of such sale shall be dealt with in such manner as the State Government may, by rules,provide.
(2) An appeal shall lie against any such order to the Court to which appeals ordinarily
lie from convictions by the Magistrate.
505. If the person entitled to the possession of such property is unknown or absent
and the property is subject to speedy and natural decay, or if the Magistrate to whom itsseizure is reported is of opinion that its sale would be for the benefit of the owner, or that the
value of such property is less than ten thousand rupees, the Magistrate may at any time
direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may bepracticable, apply to the net proceeds of such sale.
CHAPTER XXXVII
I
RREGULAR PROCEEDINGS
506. If any Magistrate not empowered by law to do any of the following things,
namely:—
(a) to issue a search-warrant under section 97;
(b) to order, under section 174, the police to investigate an offence;Power to
restore
possession of
immovableproperty.
Procedure by
police upon
seizure ofproperty.
Procedure
where no
claimantappears within
six months.
Power to sell
perishable
property.
Irregularities
which do not
vitiateproceedings.
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(c) to hold an inquest under section 196;
(d) to issue process under section 207, for the apprehension of a person within
his local jurisdiction who has committed an offence outside the limits of such
jurisdiction;
(e) to take cognizance of an offence under clause ( a) or clause ( b) of
sub-section ( 1) of section 210;
(f) to make over a case under sub-section ( 2) of section 212;
(g) to tender a pardon under section 343;
(h) to recall a case and try it himself under section 450; or
(i) to sell property under section 504 or section 505,
erroneously in good faith does that thing, his proceedings shall not be set aside merely onthe ground of his not being so empowered.
507. If any Magistrate, not being empowered by law in this behalf, does any of the
following things, namely:—
(a) attaches and sells property under section 85;
(b) issues a search-warrant for a document, parcel or other things in the custody
of a postal authority;
(c) demands security to keep the peace;
(d) demands security for good behaviour;
(e) discharges a person lawfully bound to be of good behaviour;
(f) cancels a bond to keep the peace;
(g) makes an order for maintenance;
(h) makes an order under section 152 as to a local nuisance;
(i) prohibits, under section 162, the repetition or continuance of a public
nuisance;
(j) makes an order under Part C or Part D of Chapter XI;
(k) takes cognizance of an offence under clause ( c) of sub-section ( 1) of
section 210;
(l) tries an offender;
(m) tries an offender summarily;
(n) passes a sentence, under section 364, on proceedings recorded by another
Magistrate;
(o) decides an appeal;
(p) calls, under section 438, for proceedings; or
(q) revises an order passed under section 491,
his proceedings shall be void.
508. No finding, sentence or order of any Criminal Court shall be set aside merely on
the ground that the inquiry, trial or other proceedings in the course of which it was arrivedat or passed, took place in a wrong sessions division, district, sub-division or other localarea, unless it appears that such error has in fact occasioned a failure of justice.Irregularities
which vitiate
proceedings.
Proceedings inwrong place.
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__________________________________________________________
509. (1) If any Court before which a confession or other statement of an accused
person recorded, or purporting to be recorded under section 183 or section 316, is tendered,
or has been received, in evidence finds that any of the provisions of either of such sectionshave not been complied with by the Magistrate recording the statement, it may,notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam,2023, take evidence in regard to such non-compliance, and may, if satisfied that suchnon-compliance has not injured the accused in his defence on the merits and that he dulymade the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.
510. (1) No finding, sentence or order by a Court of competent jurisdiction shall be
deemed invalid merely on the ground that no charge was framed or on the ground of anyerror, omission or irregularity in the charge including any misjoinder of charges, unless, inthe opinion of the Court of appeal, confirmation or revision, a failure of justice has in factbeen occasioned thereby.
(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of
justice has in fact been occasioned, it may,—
(a) in the case of an omission to frame a charge, order that a charge be framed,
and that the trial be recommenced from the point immediately after the framing of thecharge;
(b) in the case of an error, omission or irregularity in the charge, direct a new trial
to be had upon a charge framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such that no valid
charge could be preferred against the accused in respect of the facts proved, it shall quash
the conviction.
511. (1) Subject to the provisions hereinbefore contained, no finding, sentence or
order passed by a Court of competent jurisdiction shall be reversed or altered by a Court ofappeal, confirmation of revision on account of any error, omission or irregularity in thecomplaint, summons, warrant, proclamation, order, judgment or other proceedings before orduring trial or in any inquiry or other proceedings under this Sanhita, or any error, orirregularity in any sanction for the prosecution, unless in the opinion of that Court, a failureof justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any proceeding under
this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioneda failure of justice, the Court shall have regard to the fact whether the objection could andshould have been raised at an earlier stage in the proceedings.
512. No attachment made under this Sanhita shall be deemed unlawful, nor shall any
person making the same be deemed a trespasser, on account of any defect or want of formin the summons, conviction, writ of attachment or other proceedings relating thereto.
CHAPTER XXXVIII
L
IMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
513. For the purposes of this Chapter, unless the context otherwise requires, "period
of limitation" means the period specified in section 514 for taking cognizance of an offence.
514. (1) Except as otherwise provided in this Sanhita, no Court shall take cognizance
of an offence of the category specified in sub-section ( 2), after the expiry of the period of
limitation.
(2) The period of limitation shall be—
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not
exceeding one year;Non-
compliance
with provisionsof section 183
or section 316.
Effect ofomission to
frame, orabsence of, or
error in,
charge.
Finding orsentence whenreversible by
reason of
error,omission or
irregularity.
Defect or
error not to
make
attachmentunlawful.
Definitions.
Bar to taking
cognizanceafter lapse of
period of
limitation.
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(c) three years, if the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to offences
which may be tried together, shall be determined with reference to the offence which is
punishable with the more severe punishment or, as the case may be, the most severepunishment.
Explanation. —For the purpose of computing the period of limitation, the relevant
date shall be the date of filing complaint under section 223 or the date of recording ofinformation under section 173.
515. (1) The period of limitation, in relation to an offender, shall commence,—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved
by the offence or to any police officer, the first day on which such offence comes tothe knowledge of such person or to any police officer, whichever is earlier; or
(c) where it is not known by whom the offence was committed, the first day on
which the identity of the offender is known to the person aggrieved by the offence orto the police officer making investigation into the offence, whichever is earlier.
(2) In computing the said period, the day from which such period is to be computed
shall be excluded.
516. (1) In computing the period of limitation, the time during which any person has
been prosecuting with due diligence another prosecution, whether in a Court of first instance
or in a Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the
same facts and is prosecuted in good faith in a Court which from defect of jurisdiction orother cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed
by an injunction or order, then, in computing the period of limitation, the period of thecontinuance of the injunction or order, the day on which it was issued or made, and the dayon which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence has been given, or where, under any
law for the time being in force, the previous consent or sanction of the Government or anyother authority is required for the institution of any prosecution for an offence, then, incomputing the period of limitation, the period of such notice or, as the case may be, the timerequired for obtaining such consent or sanction shall be excluded.
Explanation .—In computing the time required for obtaining the consent or sanction
of the Government or any other authority, the date on which the application was made forobtaining the consent or sanction and the date of receipt of the order of the Government orother authority shall both be excluded.
(4) In computing the period of limitation, the time during which the offender—
(a) has been absent from India or from any territory outside India which is
under the administration of the Central Government; or
(b) has avoided arrest by absconding or concealing himself,
shall be excluded.
517. Where the period of limitation expires on a day when the Court is closed, the
Court may take cognizance on the day on which the Court reopens.
Explanation .—A Court shall be deemed to be closed on any day within the meaning
of this section, if, during its normal working hours, it remains closed on that day.Commencement
of period oflimitation.
Exclusion of
time in
certain cases.
Exclusion of
date on which
Court is closed.
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518. In the case of a continuing offence, a fresh period of limitation shall begin to run
at every moment of the time during which the offence continues.
519. Notwithstanding anything contained in the foregoing provisions of this Chapter,
any Court may take cognizance of an offence after the expiry of the period of limitation, if it
is satisfied on the facts and in the circumstances of the case that the delay has beenproperly explained or that it is necessary so to do in the interests of justice.
CHAPTER XXXIX
M
ISCELLANEOUS
520. When an offence is tried by the High Court otherwise than under section 447, it
shall, in the trial of the offence, observe the same procedure as a Court of Sessions wouldobserve if it were trying the case.
521. (1) The Central Government may make rules consistent with this Sanhita and the
Air Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, and any other law, relating tothe Armed Forces of the Union, for the time being in force, as to cases in which personssubject to army, naval or air-force law, or such other law, shall be tried by a Court to whichthis Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrateand charged with an offence for which he is liable to be tried either by a Court to which thisSanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, andshall in proper cases deliver him, together with a statement of the offence of which he isaccused, to the commanding officer of the unit to which he belongs, or to the commandingofficer of the nearest army, naval or air-force station, as the case may be, for the purpose ofbeing tried by a Court-martial.
Explanation .—In this section—
(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or
company;
(b) "Court-martial" includes any Tribunal with the powers similar to those of a
Court-martial constituted under the relevant law applicable to the Armed Forces ofthe Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the
commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed
at any such place, use his utmost endeavours to apprehend and secure any person accusedof such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate
within the State be brought before a Court-martial for trial or to be examined touching anymatter pending before the Court-martial.
522. Subject to the power conferred by article 227 of the Constitution, the forms set
forth in the Second Schedule, with such variations as the circumstances of each caserequire, may be used for the respective purposes therein mentioned, and if used shall besufficient.
523. (1) Every High Court may, with the previous approval of the State Government,
make rules—
(a) as to the persons who may be permitted to act as petition-writers in the
Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by
them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so made and
determining the authority by which such contravention may be investigated and thepenalties imposed;
(d) any other matter which is required to be, or may be, provided by rules made
by the State Government.Continuing
offence.
Extension of
period of
limitation incertain cases.
Trials before
High Courts.
Delivery to
commanding
officers ofpersons liable
to be tried by
Court-martial.
Forms.
Power of High
Court to makerules.45 of 1950.
46 of 1950.62 of 1957.
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(2) All rules made under this section shall be published in the Official Gazette.
524. If the Legislative Assembly of a State by a resolution so permits, the State
Government may, after consultation with the High Court, by notification, direct that references
in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as
references to a Judicial Magistrate of the first class.
525. No Judge or Magistrate shall, except with the permission of the Court to which
an appeal lies from his Court, try or commit for trial any case to or in which he is a party, orpersonally interested, and no Judge or Magistrate shall hear an appeal from any judgmentor order passed or made by himself.
Explanation .—A Judge or Magistrate shall not be deemed to be a party to, or
personally interested in, any case by reason only that he is concerned therein in a publiccapacity, or by reason only that he has viewed the place in which an offence is alleged tohave been committed, or any other place in which any other transaction material to the caseis alleged to have occurred, and made an inquiry in connection with the case.
526. No advocate who practices in the Court of any Magistrate shall sit as a Magistrate
in that Court or in any Court within the local jurisdiction of that Court.
527. A public servant having any duty to perform in connection with the sale of any
property under this Sanhita shall not purchase or bid for the property.
528. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of
the High Court to make such orders as may be necessary to give effect to any order underthis Sanhita, or to prevent abuse of the process of any Court or otherwise to secure theends of justice.
529. Every High Court shall so exercise its superintendence over the Courts of Session
and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditiousand proper disposal of cases by the Judges and Magistrates.
530. All trials, inquires and proceedings under this Sanhita, including—
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of audio-videoelectronic means.
531. (1) The Code of Criminal Procedure, 1973 is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there
is any appeal, application, trial, inquiry or investigation pending, then, such appeal,application, trial, inquiry or investigation shall be disposed of, continued, held ormade, as the case may be, in accordance with the provisions of the Code of CriminalPower to alter
functions
allocated toExecutive
Magistrate in
certain cases.
Cases in which
Judge or
Magistrate ispersonally
interested.
Practising
advocate not
to sit as
Magistrate incertain Courts.
Public servantconcerned in
sale not to
purchase orbid for
property.
Saving of
inherentpowers of
High Court.
Duty of High
Court to
exercise
continuoussuperintendence
over Courts.
Trial and
proceedings tobe held in
electronic
mode.
Repeal and
savings.2 of 1974.
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Procedure, 1973, as in force immediately before such commencement (hereinafter
referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms
provided by rules, local jurisdictions defined, sentences passed and orders, rules andappointments, not being appointments as Special Magistrates, made under the saidCode and which are in force immediately before the commencement of this Sanhita,shall be deemed, respectively, to have been published, issued, conferred, specified,defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance
of which no proceeding was commenced under that Code, shall be deemed to havebeen accorded or given under the corresponding provisions of this Sanhita andproceedings may be commenced under this Sanhita in pursuance of such sanction orconsent.
(3) Where the period specified for an application or other proceeding under the said
Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita
shall be construed as enabling any such application to be made or proceeding to becommenced under this Sanhita by reason only of the fact that a longer period therefor isspecified by this Sanhita or provisions are made in this Sanhita for the extension of time.2 of 1974.
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THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: ( 1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and
third columns against a section the number of which is given in the first column are not
intended as the definition of, and the punishment prescribed for, the offence in the BharatiyaNyaya Sanhita, but merely as indication of the substance of the section.
(2) In this Schedule, (i ) the expression "Magistrate of the first class" and "any Magistrate"
does not include Executive Magistrates; ( ii) the word "cognizable" stands for "a police officer
may arrest without warrant"; and ( iii) the word "non-cognizable" stands for "a police officer
shall not arrest without warrant".
I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA
Section Offence Punishment Cognizable or Non- Bailable or Non- By what Court
cognizable bailable triable
12 3 4 5 6
49 Abetment of any offence, Same as for offence According as offence According as offence Court by which offence
if the act abetted is abetted. abetted is cognizable abetted is bailable or abetted is triable.
committed in consequence, or non-c ognizable. non-bailable.
and where no express
provision is made for itspunishment.
50 Abetment of any offence, Same as for offence According as offence According as offence Court by which offence
if the person abetted does abetted. abetted is cognizable abetted is bailable or abetted is triable.
act with different intention or non-cognizable. non-bailable.from that of abettor.
51 Abetment of any offence, Same as for offence According as offence According as offence Court by which offence
when one act is abetted and intended to be abetted. abetted is cognizable abetted is bailable or abetted is triable.
a different act is done; or non-cognizable. non-bailable.
subject to the proviso.
52 Abettor when liable to Same as for offence According as offence According as offence Court by which offence
cumulative punishment abetted. abetted is cognizable abetted is bailable or abetted is triable.
for act abetted and for or non-cognizable. non-bailable.
act done.
53 Abetment of any offence, Same as for offence According as offence According as offence Court by which offence
when an effect is caused by com mitted. abetted is cognizable abetted is bailable or abetted is triable.
the act abetted different or non-cognizable. non-bailable.
from that intended by theabettor.
54 Abetment of any offence, Same as for offence According as offence According as offence Court by which offence
if abettor present when com mitted. abetted is cognizable abetted is bailable or abetted is triable.
offence is committed. or non-cognizable. non-bailable.
55 Abetment of an offence, Imprisonment for 7 years According as offence Non-bailable. Court by which offence
punishable with death or and fine. abetted is cognizable abetted is triable.
imprisonment for life, or non-cognizable.
if the offence be notcommitted in consequenceof the abetment.
If an act which causes harm Imprisonmen t for 14 years According as offence Non-bailable. Court by which offence
to be done in consequence and fine. abetted is cognizable abetted is triable.
of the abetment. or non-cognizable.
56 Abetment of an offence, Imprisonment extending According as offence According as offence Court by which offence
punishable with imprisonment, to one-fourth of the abetted is cognizable abetted is bailable or abetted is triable.
if the offence be not longest term provided for or non-cogni zable. non-bailable.
committed in consequence the offence, or fine,
of the abetment. or both.
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If the abettor or the person Imprisonment extending According as offence According as offence Court by which offence
abetted be a public servant to one-half of the longest abetted is cognizable abetted is bailable or abetted is triable.
whose duty it is to prevent term provided for the or non-cognizable. non-bailable.
the offence. offence, or fine, or both.
57 Abetting commission of an Imprisonment which may According as offence According as offence Court by which offence
offence by the public or by extend to 7 years and abetted is cognizable abetted is bailable or abetted is triable.
more than ten persons. fine. or non-cognizable. non-bailable.
58 (a) Concealing design to Imprisonment for 7 years According as offence Non-bailable. Court by which offence
commit offence punishable and fine. abetted is cognizable abetted is triable.
with death or imprisonment or non-cognizable.
for life, if the offence be
committed.
58(b) If offence be not committed. Imprisonment for 3 years According as offence Bailable. Court by which offence
and fine. abetted is cognizable abetted is triable.
or non-cognizable.
59(a) A public servant concealing Imprisonment extending According as offence According as offence Court by which offence
a design to commit an to one-half of the longest abetted is cognizable abetted is bailable or abetted is triable.
offence which it is his duty term provided for the or non-cognizable. non-bailable.
to prevent, if the offence offence, or fine, or both.
be committed.
59(b) If the offence be punishable Imprisonment for 10 years. According as offence Non-bailable. Court by which offence
with death or imprisonment abetted is cognizable abetted is triable.
for life. or non-cognizable.
59(c) If the offence be not Imprisonment extending According as offence Bailable. Court by which offence
committed. to one-fourth of the abetted is cognizable abetted is triable.
longest term provided or non-cognizable.for the offence, or fine,or both.
60(a) Concealing a design to Imprisonment extending According as offence According as offence Court by which offence
commit an offence to one-fourth of the abetted is cognizable abetted is bailable or abetted is triable.
punishable with longest term provided or non-cognizable. non-bailable.
imprisonment, if offence for the offence, or fine,
be committed. or both.
60(b) If the offence be not Imprisonment extending According as offence Bailable. Court by which offence
committed. to one-eighth part of the abetted is cognizable abetted is triable.
longest term provided for or non-cognizable.
the offence, or fine,or both.
61(2)(a)
Criminal conspiracy to Same as for abetment of According as the offence According as offence Court by which abetment
commit an offence the offence which is the which is the object of which is object of of the offence which is
punishable with death, object of the conspiracy. conspiracy is cognizable conspiracy is bailable the object of conspiracy
imprisonment for life or or non-cognizable. or non-bailable. is triable.
rigorous imprisonment fora term of 2 years orupwards.
61(2)(b) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the first
conspiracy. months, or fine, or both. class.
62 Attempting to commit One half of the imprison- According as the According as the The court by which the
offence punishable with ment for life, or imprison- offence is cognizable offence attempted by offence attempted is
imprisonment for life, ment not exceeding one- or non-cognizable. the offender is bailable triable.
or imprisonment, and in half of the longest term, or non-bailable.
such attempt doing any act provided for the offence,towards the commission of or fine, or both.the offence.
64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 10 yearsbut which may extend toimprisonment for life,and fine.159
12 3 4 5 6
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12 3 4 5 6
64(2) Rape by a police officer or Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
a public servant or member for not less than 10 years
of armed forces or a person but which may extend to
being on the management imprisonment for life
or on the staff of a jail, which shall mean the
remand home or other remainder of that person's
place of custody or natural life and fine.women's or children'sinstitution or by a person
on the management or on
the staff of a hospital, andrape committed by a personin a position of trust or
authority towards the person
raped or by a near relativeof the person raped.
65(1) Persons committing offence Rigorous imprisonment for Cognizable. Non-bailable. Court of Session.
of rape on a woman under not less than 20 years butsixteen years of age. which may extend toimprisonment for life,which shall mean
imprisonment for the
remainder of that person'snatural life and fine.
65(2) Persons committing offence Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
of rape on a woman under for not less than 20 years
twelve years of age. but which may extend to
imprisonment for lifewhich shall mean
imprisonment for the
remainder of that person'snatural life and withfine or death.
66 Person committing an Rigorous imprisonment for Cognizable. Non-bailable. Court of Session.
offence of rape and not less than 20 years but
inflicting injury which which may extend to
causes death or causes imprisonment for life
the woman to be in a which shall meanpersistent vegetative state. imprisonment for theremainder of that person'snatural life or death.
67 Sexual intercourse by Imprisonment for not Cognizable (only Bailable. Court of Session.
husband upon his wife less than 2 years but on the complaint
during separation. which may extend to of the victim).
7 years and fine.
68 Sexual intercourse by a Rigorous imprisonment for Cognizable. Non-bailable. Court of Session.
person in authority, etc. not less than 5 years,but which may extend to10 years and fine.
69 Sexual intercourse by Imprisonment which may Cognizable. Non-bailable. Court of Session.
employing deceitful extend to 10 years and
means, etc. fine.
70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 20 yearsbut which may extend toimprisonment for lifewhich shall mean
imprisonment for theremainder of that person's
natural life and fine.
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70(2) Gang rape on a woman Impri sonment for life which Cognizable. Non-bailable. Court of Session.
under eighteen years of age. shall mean imprisonment
for the remainder of that
person's natural life and
with fine or with death.
71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session.
which shall mean
imprisonment for the
remainder of that person's
natural life or with death.
72(1) Disclosure of identity of Imprisonment for 2 years Cognizable. Bailable. Any Magistrate.
the victim of certain and fine.
offences, etc.
73 Printing or publication of Imprisonment for 2 years Cognizable. Bailable. Any Magistrate.
a proceeding without prior and fine.permission of court.
74 Assault or use of criminal Imp risonment for 1 year Cognizable. Non-bailable. Any Magistrate.
force to woman with intent which may extend to
to outrage her modesty. 5 years and fine.
75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
punishment for sexual with 3 years, or fine,
harassment specified in or both.
clause ( i) or clause ( ii) or
clause ( iii) of sub-section ( 1).
75(3) Sexual harassment and Imprisonment for 1 year, Cognizable. Non-bailable. Court of Session.
punishment for sexual or fine, or both.harassment specified in
clause ( iv) of sub-section ( 1).
76 Assault or use of criminal Imprisonment for not less Cognizable. Non-bailable. Court of Session.
force to woman with intent than 3 years but which
to disrobe. may extend to 7 years
and fine.
77 Voyeurism. Imprisonment for not less Cognizable. Bailable. Court of Session.
than 1 year but which may
extend to 3 years and fine.
Second or subsequent Imprisonment for not less Cognizable. Non-bailable. Court of Session.
conviction. than 3 years but which may
extend to 7 years and fine.
78(2) Stalking. Imprisonment up to Cognizable. Bailable. Any Magistrate.
3 years and fine.
Second or subsequent Imprisonment up to Cognizable. Non-bailable. Any Magistrate.
conviction. 5
years and fine.
79 Uttering any word or Simple imprisonment for Cognizable. Bailable. Any Magistrate.
making any gesture 3 years and fine.
intended to insult themodesty of a woman, etc.
80(2) Dowry death. Impriso nment for not less Cognizable. Non-bailable. Court of Session.
than 7 years but which
may extend to imprisonment
for life.
81 A man by deceit causing Imprisonment for 10 years Non-cognizable. Non-bailable. Magistrate of the
a woman not lawfully and fine. first class.
married to him to believe,that she is lawfully married
to him and to cohabit with
him in that belief.
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12 3 4 5 6
82(1) Marrying again during the Imprisonment for 7 years Non-cognizable. Bailable. Magistrate of the first
life time of a husband or and fine. class.
wife.
82(2) Same offence with Imprisonmen t for 10 years Non-cognizable. Bailable. Magistrate of the first
concealment of the former and fine. class.
marriage from the person
with whom subsequent
marriage is contracted.
83 A person with fraudulent Imprisonment up to 7 years Non-cognizable. Non -bailable. Magistrate of the first
intention going through and fine. class.
the ceremony of beingmarried, knowing that he
is not thereby lawfully
married.
84 Enticing or taking away or Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
detaining with a criminal or fine, or both.
intent a married woman.
85 Punishment for subjecting Imprisonment for 3 years Cognizable if information Non-b ailable. Magistrate of the first
a married woman to cruelty. and fine. relating to the class.
commission of theoffence is given to an
officer in charge of a
police station by theperson aggrieved by the
offence or by any
person related to her byblood, marriage or
adoption or if there is
no such relative, by anypublic servant belonging
to such class or category
as may be notified bythe State Government
in this behalf.
87 Kidnapping, abducting or Imprisonment for 10 years Cognizable. Non-bailable. Court of Session.
inducing woman to compel and fine.her marriage, etc.
88 Causing miscarriage. Imprisonment for 3 years, Non-cognizable. Bailable. Magistrate of the first
or fine, or both. class.
If the woman be quick Imprisonment for 7 years Non-cognizable. Bailable. Magistrate of the first
with child. and fine. class.
89 Causing miscarriage without Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
women's consent. imprisonment for 10 years
and fine.
90(1) Death caused by an act done Imprisonment for 10 years Cognizable. Non-b ailable. Court of Session.
with intent to cause and fine.miscarriage.
90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session.
women's consent. or as above.
91 Act done with intent to
Impr isonment for 10 ye ars, Cognizable. Non-bailable. Court of Session.
prevent a child being born or fine, or both.
alive, or to cause it to dieafter its birth.
92 Causing death of a quick Imprisonment for 10 years Cognizable. Non-b ailable. Court of Session.
unborn child by an act and fine.
amounting to culpablehomicide.
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93 Exposure of a child under Imprisonment for 7 years, Cognizable. Bailable. Magistrate of the
12 years of age by parent or fine, or both. first class.
or person having care of it
with intention of whollyabandoning it.
94 Concealment of birth by Imprisonment for 2 years, Cognizable. Bailable. Magistrate of the
secret disposal of dead or fine, or both. first class.
body.
95 Hiring, employing or Imprisonment for not less Cognizable. Non-bailable. Magistrate of the
engaging a child to commit than 3 years but which may first class.
an offence. extend to 10 yearsand fine.
If offence be committed. Same as for the offence Cognizable. Non-bailable. Court by which offence
committed. committed is triable.
96 Procuration of child. Imprisonment for 10 years Cognizable. Non-bailable. Court of Session.
and fine.
97 Kidnapping or abducting a Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
child under ten years with and fine. class.
intent to steal fromits person.
98 Selling child for purposes Imp risonment for 10 years Cognizable. Non-bailable. Court of Session.
of prostitution, etc. and fine.
99 Buying child for purposes Imprisonment for not less Cognizable. Non-bailable. Court of Session.
of prostitution, etc. than 7 years but which mayextend to 14 years and fine.
103( 1) Murder. Death or imprisonment for Cognizable. Non-bailable. Court of Session.
life and fine.
103( 2) Murder by group of five Death or with imprisonment Cognizable. Non-bailable. Court of Session.
or more persons. for life and fine.
104 Murder by life-convict. Death or imprisonment for Cognizable. Non-bailable. Court of Session.
life, which shall mean theremainder of that person'snatural life.
105 Culpable homicide not Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
amounting to murder, if act Imprisonment for not less
by which the death is than 5 years but whichcaused is done with may extend to 10 years
intention of causing death, and fine.etc.
If act be done with Imprisonment for 10 years Cognizable. Non-bailable. Court of Session.
knowledge that it is and with fine.
likely to cause death, but
without any intention tocause death, etc.
106( 1) Causing death by Imprisonment for 5 years Cognizable. Bailable. Magistrate of the first
negligence. and fine. class.
Causing death by negligence Imprisonment for 2 years Cognizable. Bailable. Magistrate of the first
by registered medical and fine class.
practitioner
.
106( 2) Causing death by rash and Imp risonment for 10 years Cognizable. Non-bailable. Magistrate of the first
negligent driving of and fine. class.
vehicle and escaping.
107 Abetment of suicide of Death, or imprisonment Cognizable. Non-bailable. Court of Session.
child or person of unsound for life, or imprisonment
mind, etc. for 10 years and fine.
108 Abetment of suicide. Imp risonment for 10 years Cognizable. Non-bailable. Court of Session.
and fine.
109( 1) Attempt to murder. Imp risonment for 10 years Cognizable. Non-bailable. Court of Session.
and fine.
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If such act causes hurt to Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
any person. as above.
109( 2) Attempt by life-convict to Death, or imprisonment Cognizable. Non-bailable. Court of Session.
murder, if hurt is caused. for life which shall mean
the remainder of thatperson's natural life.
110 Attempt to commit culpable Imprisonment for 3 years, Cognizable. Non-bailable. Court of Session.
homicide. or fine, or both.
If such act causes hurt to Imprisonment for 7 years, Cognizable. Non-bailable. Court of Session.
any person. or fine, or both.
111( 2)(a) Organised crime resulting Death or imprisonment for Cognizable. Non-bailable. Court of Session.
in death of any person. life and fine of not lessthan 10 lakh rupees.
111( 2)(b) In any other case. Imprisonment for not less Cognizable. Non-bailable. Court of Session.
than 5 years but which mayextend to imprisonmentfor life and fine of not lessthan 5 lakh rupees.
111( 3) Abetting, attempting, Imprisonment for not less Cognizable. Non-bailable. Court of Session.
conspiring or knowingly than 5 years but which may
facilitating the commission extend to imprisonment
of organised crime. for life and fine of not lessthan 5 lakh rupees.
111( 4) Being a member of an Imprisonment for not less Cognizable. Non-bailable. Court of Session.
organised crime syndicate. than 5 years but which mayextend to imprisonmentfor life and fine of not lessthan 5 lakh rupees.
111( 5) Intentionally harbouring or Imprisonment for not less Cognizable. Non-bailable. Court of Session.
concealing any person who than 3 years but which may
committed offence of extend to imprisonmentorganised crime. for life and fine of not lessthan 5 lakh rupees.
111( 6) Possessing property derived, Imprisonment for not less Cognizable. Non-b ailable. Court of Session.
or obtained from the than 3 years but which may
commission of organised extend to imprisonment
crime. for life and fine ofnot less than 2 lakh rupees.
111( 7) Possessing property on Imprisonment for not less Cognizable. Non-bailable. Court of Session.
behalf of a member of an than 3 years but which may
organised crime syndicate. extend to imprisonmentfor 10 years and fine ofnot less than 1 lakhrupees.
2 Petty Organised crime. Imprisonment for not less Cognizable. Non-bailable. Magistrate of the first
than 1 year but which may class.
extend to 7 years and fine.
113( 2)(a) Terrorist act resulting in Death or imprisonment Cognizable. Non-bailable. Court of Session.
the death of any person. for life and fine.
113( 2)(b) In any other case. Imprisonment for not less Cognizable. Non-bailable. Court of Session.
than 5 years but which mayextend to imprisonmentfor life and fine.
113( 3) Conspiring, attempting, Imprisonment for not less Cognizable. Non-bailable. Court of Session.
abetting, etc., or knowingly than 5 years but which may
facilitating the commission extend to imprisonment
of terrorist act. for life and fine.
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113( 4) Organising camps, training, Imprisonment for not less Cognizable. Non-bailable. Court of Session.
etc., for commission of than 5 years but which may
terrorist act. extend to imprisonment
for life and fine.
113( 5) Being a member of an Imprisonment for life and Cognizable. Non-bailable. Court of Session.
organisation involved in fine.
terrorist act.
113( 6) Harbouring, concealing, Imprisonment for not less Cognizable. Non-bailable. Court of Session.
etc., of any person who than 3 years but which may
committed a terrorist act. extend to imprisonment
for life and fine.
113( 7) Possessing property derived Imprisonment for life Cognizable. Non-bailable. Court of Session.
or obtained from commission and fine.
of terrorist act.
115( 2) V oluntarily causing hurt. Imp risonment for 1 year Non-cognizable. Bailable. Any Magistrate.
or fine of 10,000 rupees,
or both.
117( 2) Voluntarily causing grievous Imprisonment for 7 years Cognizable. Bailable. Any Magistrate.
hurt. and fine.
117( 3) If hurt to results in Rigorous imprisonment for Cognizable. Non-bailable. Court of Session.
permanent disability or not less than 10 years but
persistent vegetative state. which may extend to
imprisonment for lifewhich shall mean the
remainder of that person's
natural life.
117( 4) Grievous hurt caused by a Imprisonment for 7 years Cognizable. Non-bailable. Court of Session.
group of 5 or more persons. and fine.
118( 1) V oluntarily causing hurt by Imprisonment for 3 years, Cognizable. Non-bailable. Any Magistrate.
dangerous weapons or or fine of 20,000 rupees,
means. or both.
118( 2) V oluntarily causing grievous Imprisonment for life or Cognizable. Non-bailable. Magistrate of the first
hurt by dangerous weapons imprisonment of not less class.
or means [except as than 1 year but which may
provided in section 122( 2)].
extend to 10 years and fine.
119( 1) V oluntarily causing hurt to Imprisonment for 10 years Cognizable. Non-baila ble. Magistrate of the first
extort property, or to and fine. class.
constrain to an illegal act.
119( 2) Voluntarily causing grievous Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
hurt for any purpose imprisonment for 10 years
referred to in sub-section ( 1). and fine.
120( 1) V oluntarily causing hurt to Imprisonment for 7 years Cognizable. Bailable. Magistrate of the first
extort confession or and fine. class.
information, or to compelrestoration of property, etc.
120( 2) Voluntarily causing grievous Imp risonment for 10 years Cognizable. Non-bailable. Court of Session.
hurt to extort confession or and fine.information, or to compelrestoration of property, etc.
121( 1) V oluntarily causing hurt to Imprisonment for 5 years, Cognizable. Non-bailable. Magistrate of the first
deter public servant from or fine, or both. class.
his duty.
121( 2) Voluntarily causing grievous Imprisonment not less than Cognizable. Non-bailable. Court of Session.
hurt to deter public servant 1 year, or imprisonmentfrom his duty. for 10 years and fine.
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122( 1) V oluntarily causing hurt on Imprisonment for 1 month, Non-cognizable. Bailable. Any Magistrate.
grave and sudden provocation, or fine of 5,000 rupees, or
not intending to hurt any both.
other than the person who
gave the provocation.
122( 2) Causing grievous hurt on Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
grave and sudden or fine of 10,000 rupees, class.
provocation, not intending or both.to hurt any other than theperson who gave theprovocation.
123 Causing hurt by means of Imprisonment for 10 years Cognizable. Non-bailable. Court of Session.
poison, etc., with intent to and fine.
commit an offence.
124( 1) V oluntarily causing grievous Imprisonment for not less Cognizable. Non-bailable. Court of Session.
hurt by use of acid, etc. tha n 10 years but which may
extend to imprisonmentfor life and fine.
124( 2) V oluntarily throwing or Imprisonment for 5 years Cognizable. Non-bailable. Court of Session.
attempting to throw acid. but which may extend to7 years and fine.
125 Doing any act endangering Imprisonment for 3 months, Cognizable. Bailable. Any Magistrate.
human life or personal or fine of 2,500 rupees,safety of others. or both.
125( a) Where hurt is caused. Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
or fine of 5,000 rupees,or both.
125( b) Where grievous hurt is Imprisonment for 3 years, Cognizable. Bailable. Any Magistrate.
caused. or fine of 10,000 rupees,
or both.
126( 2) Wrongfully restraining any Simple imprisonment for Cognizable. Bailable. Any Magistrate.
person. 1 month, or fine of 5,000
rupees, or both.
127( 2) Wrongfully confining any Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
person. or fine of 5,000 rupees,
or both.
127( 3) Wrongfully confining for Imprisonment for 3 years, Cognizable. Bailable. Any Magistrate.
three or more days. or fine of 10,000 rupees,
or both.
127( 4) Wrongfully confining for Imprisonment for 5 years Cognizable. Non-bai
lable. Magistrate of the first
10 or more days. and fine of 10,000 rupees. class.
127( 5) Keeping any person in Imprisonment for 2 years Cognizable. Bailable. Magistrate of
wrongful confinement, in addition to any term of the first class.
knowing that a writ has imprisonment to under
been issued for his liberation. any other section and fine.
127( 6) Wrongful confinement in Imprisonment for 3 years Cognizable. Bailable. Magistrate of the first
secret. in addition to other class.
punishment which he isliable to and fine.
127( 7) Wrongful confinement for Imprisonment for 3 years Cognizable. Bailable. Any Magistrate.
the purpose of extorting and fine.
property, or constraining toan illegal act, etc.
127( 8) Wrongful confinement for Imprisonment for 3 years Cognizable. Bailable. Any Magistrate.
the purpose of extorting and fine.
confession or information,or for compelling restorationof property, etc.
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131 Assault or criminal force Imprisonment for 3 months, Non-cognizable. Bailable. Any Magistrate.
otherwise than on grave or fine of 1,000 rupees,
provocation. or both.
132 Assault or use of criminal Imprisonment for 2 years, Cognizable. Non-bailable. Any Magistrate.
force to deter public servant or fine, or both.
from discharge of his duty.
133 Assault or criminal force Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
with intent to dishonour a or fine, or both.person, otherwise than ongrave and suddenprovocation.
134 Assault or criminal force Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
in attempt to commit theft or fine, or both.
of property worn or carriedby a person.
135 Assault or use of criminal Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
force in attempt wrongfully or fine of 5,000 rupees,
to confine a person. or both.
136 Assault or use of criminal Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
force on grave and sudden one month, or fine of
provocation. 1,000 rupees, or both.
137( 2) Kidnapping. Imprisonment for 7 years Cognizable. Bailable. Magistrate of the first
and fine. class.
139( 1) Kidnapping a child for Rigorous i mprisonment not Cognizable. Non-bailable. Magistrate of the first
purposes of begging. be less than 10 years but class.
which may extend toimprisonment for life, and
fine.
139( 2) Maiming a child for purposes Imprisonment not be less Cognizable. Non-bailable. Court of Session.
of begging. than 20 years which mayextend to remainder of
that person's natural life,
and fine.
140( 1) Kidnapping or abducting in Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
order to murder. rigorous imprisonment for10 years and fine.
140( 2) Kidnapping for ransom, Death, or imprisonment for Cognizable. Non-bailable. Court of Session.
etc. life and fine.
140( 3) Kidnapping or abducting Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
with intent secretly and and fine. class.
wrongfully to confine aperson.
140( 4) Kidnapping or abducting in Imprisonment for 10 years Cognizable. Non-b
ailable. Court of Session.
order to subject a person to and fine.grievous hurt, slavery, etc.
141 Importation of a girl or boy Imprisonment for 10 years Cognizable. Non-bailable. Court of Session.
from foreign country. and fine.
142 Wrongfully concealing or Punishment for kidnapping Cognizable. Non-bailable. Court by which the
keeping in confinement, or abduction. kidnapping or abduction
kidnapped or abducted is triable.
person.
143( 2) Trafficking of person. Rigorous imprisonment for Cognizable. Non-bailable. Court of Session.
not less than 7 years butwhich may extend to
10 years and fine.
143( 3) Trafficking of more than Rigorous i mprisonment for Cognizable. Non-bailable. Court of Session.
one person. not less than 10 years but
which may extend toimprisonment for life and
fine.
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143( 4) Trafficking of a child. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 10 years
but which may extend to
imprisonment for life and
fine.
143( 5) Trafficking of more than Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
one child. for not less than 14 years
but which may extend to
imprisonment for life and
fine.
143( 6) Person convicted of offence Imprisonment for life Cognizable. Non-bailable. Court of Session.
of trafficking of child on which shall mean the
more than one occasion. remainder of that person's
natural life and fine.
143( 7) Public servant or a police Imprisonment for life Cognizable. Non-bailable. Court of Session.
officer involved in which shall mean the
trafficking of child. remainder of that person's
natural life and fine.
144( 1) Exploitation of a trafficked Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
child. for not less than 5 years
but which may extend to10 years and fine.
144( 2) Exploitation of a trafficked Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
person. for not less than 3 years
but which may extend to
7 years and fine.
145 Habitual dealing in slaves. Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
imprisonment for 10 yearsand fine.
146 Unlawful compulsory Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
labour. or fine, or both.
147 Waging or attempting to Death, or imprisonment Cognizable. Non-bailable. Court of Session.
wage war, or abetting the for life and fine.waging of war, against theGovernment of India.
148 Conspiring to commit Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
certain offences against the imprisonment for 10 years
State. and fine.
149 Collecting arms, etc., with Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
the intention of waging war imprisonment for 10 years
against the Government of and fine.
India.
150 Concealing with intent to Imprisonm ent for 10 years Cognizable. Non-bailable. Court of Session.
facilitate a design to wage and fine.
war.
51 Assaulting President, Imprisonment for 7 years Cognizable. Non-bailable. Court of Session.
Governor, etc., with intent and fine.
to compel or restrain theexercise of any lawful power.
152 Act endangering sovereignty, Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
unity and integrity of imprisonment for 7 years
India. and fine.
153 Waging war against Imprisonment for life and Cognizable. Non-bailable. Court of Session.
Government of any fine, or imprisonment forforeign State at peace with 7 years and fine, or fine.
the Government of India.
154 Committing depredation on Imprisonment for 7 years Cognizable. Non-bailable. Court of Session.
the territories of any foreign and fine, and forfeiture of
state at peace with the certain property.
Government of India.
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155 Receiving property taken Imprisonment for 7 years Cognizable. Non-bailable. Court of Session.
by war or depredation and fine, and forfeiture of
mentioned in sections 153 certain property.
and 154.
156 Public servant voluntarily Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
allowing prisoner of state imprisonment for 10 years
or war in his custody to and fine.
escape.
157 Public servant negligently Simple imprisonment for Cognizable. Bailable. Magistrate of the first
suffering prisoner of State 3 years and fine. class.
or war in his custody to
escape.
158 Aiding escape of, rescuing Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
or harbouring such prisoner. imprisonment for 10 yearsand fine.
159 Abetting mutiny, or Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
attempting to seduce an imprisonment for 10 years
officer, soldier, sailor or and fine.airman from his allegianceor duty.
160 Abetment of mutiny, if Death, or imprisonment Cognizable. Non-bailable. Court of Session.
mutiny is committed in for life, or imprisonment
consequence thereof. for 10 years and fine.
161 Abetment of assault by an Imprisonment for 3 years Cognizable. Non-bailable. Magistrate of the first
officer, soldier, sailor or and fine. class.
airman on his superiorofficer, when in execution
of his office.
162 Abetment of such assault, Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
if the assault committed. and fine. class.
163 Abetment of the desertion Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
of an officer, soldier, sailor or fine, or both.
or airman.
164 Harbouring deserter. Imprisonment for 2 years, Cognizable Bailable. Any Magistrate.
or fine, or both.
165 Deserter concealed on Fine of 3,000 rupees. Non-cognizable. Bailable. Any Magistrate.
board merchant vessel
through negligence ofmaster or person in charge
thereof.
166 Abetment of act of Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
insubordination by an or fine, or both.
officer, soldier, sailor or
airman if the offence be
committed in consequence.
168 Wearing garb or carrying Imprisonment for 3 months, Cognizable. Bailable. Any Magistrate.
token used by soldier, sailor or fine of 2,000 rupees, or
or airman. both.
3 Bribery. Imprisonment for 1 year Non-cognizable. Bailable. Magistrate of the first
or fine, or both, or if class.
treating only, fine only.
174 Undue influence or Imprisonment for 1 year, Non-cognizable. Bailable. Magistrate of the first
personation at an election. or fine, or both. class.
175 False statement in connection Fine. Non-cognizable. Bailable. Magistrate of the first
with an election. class.
176 Illegal payments in Fine of 10,000 rupees. Non-cognizable. Bailable. Magistrate of the first
connection with elections. class.
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177 Failure to keep election Fine of 5,000 rupees. Non-cognizable. Bailable. Magistrate of the first
accounts. class.
178 Counterfeiting coins, Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
government stamps, imprisonment for 10 years
currency-notes or and fine.
bank-notes.
179 Using as genuine forged or Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
counterfeit coin, Government imprisonment for 10 years
stamp currency-notes or and fine.
bank-notes.
180 Possession of forged or Imprisonment for 7 years, Cognizable. Non-bailable. Court of Session.
counterfeit coin, Government or fine, or both.
stamp, currency-notes or
bank-notes.
181 Making, buying, selling or Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
possessing machinery, imprisonment for 10 years
instrument or material for and fine.
forging or counterfeitingcoins, Government stamp,currency-notes orbank-notes.
182( 1) Making or using documents Fine of 300 rupees. Non-cognizable. Bailable. Any Magistrate.
resembling currency-notesor bank-notes.
182( 2) On refusal to disclose the Fine of 600 rupees. Non-cognizable. Bailable. Any Magistrate.
name and address of theprinter.
183 Effacing any writing from a Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
substance bearing a or fine, or both. class.
Government stamp, removingfrom a document a stampused for it, with intent tocause a loss to Government.
184 Using a Government stamp Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
known to have been before or fine, or both.used.
185 Erasure of mark denoting Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
that stamps have been used. or fine, or both. class.
186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate.
187 Person employed in a Mint Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
causing coin to be of a and fine. class.
different weight orcomposition from thatfixed by law.
188 Unlawfully taking from a Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
Mint any coining and fine. class.
instrument.
189( 2) Being member of an Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
unlawful assembly.
or fine, or both.
189( 3) Joining or continuing in an Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
unlawful assembly, knowing or fine, or both.
that it has been commandedto disperse.
189( 4) Joining an unlawful assembly Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
armed with any deadly or fine, or both.
weapon.
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189( 5) Knowingly joining or Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
continuing in any assembly or fine, or both.
of five or more personsafter it has been commandedto disperse.
189( 6) Hiring, engaging or The same as for a member Cognizable. According as The Court by which the
employing persons to take of such assembly, and for offence is bailable offence is triable.
part in an unlawful assembly. any offence committed by or non-bailable.
any member of suchassembly.
189( 7) Harbouring persons hired Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
for an unlawful assembly. or fine, or both.
189( 8) Being hired to take part in Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
an unlawful assembly or or fine, or both.
riot.
189(9) Or to go armed. Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
or fine, or both.
190 Every member of unlawful The same as for the According as offence According as The Court by which the
assembly guilty of offence offence. is cognizable or non- offence is bailable offence is triable.
committed in prosecution cognizable. or non-bailable.
of common object.
191( 2) Rioting. Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
or fine, or both.
191( 3) Rioting, armed with a Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
deadly weapon. or fine, or both. class.
192 Wantonly giving Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
provocation with or fine, or both.
intent to cause riot, ifrioting be committed.
If not committed. Imprisonment for 6 months, Cognizable. Bailable. Any Magistrate.
or fine, or both.
193( 1) Owner or occupier of land Fine of 1,000 rupees. Non-cognizable. Bailable. Any Magistrate.
not giving information of
riot, etc.
193( 2) Person for whose benefit Fine. Non-cognizable. Bailable. Any Magistrate.
or on whose behalf a riottakes place not using alllawful means to prevent it.
193( 3) Agent of owner or occupier Fine. Non-cognizable. Bailable. Any Magistrate.
for whose benefit a riot iscommitted not using alllawful means to prevent it.
194( 2)
Committing affray. Imprisonment for one Cognizable. Bailable. Any Magistrate.
month, or fine of1,000 rupees, or both.
195( 1) Assaulting or obstructing Imprisonment for 3 years, Cognizable. Bailable. Magistrate of
public servant when or fine not less than the first class.
suppressing riot, etc. 25,000 rupees, or both.
195( 2) Threatening to assault or Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
attempting to obstruct or fine, or both.
public servant whensuppressing riot, etc.
196( 1) Promoting enmity between Imprisonment for 3 years, Cognizable. Non-bailable. Magistrate of the first
different groups on ground or fine, or both. class.
of religion, race, place ofbirth, residence, language,etc., and doing actsprejudicial to maintenanceof harmony.
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196( 2) Promoting enmity between Imprisonment for 5 years Cognizable. Non-bailable. Magistrate of the first
classes in place of worship, and fine. class.
etc.
197( 1) Imputations, assertions Imprisonment for 3 years, Cognizable. Non-bailable. Magistrate of the first
prejudicial to national or fine, or both. class.
integration.
197( 2) If committed in a place of Imprisonment for 5 years Cognizable. Non-bailable. Magistrate of the first
public worship, etc. and fine. class.
198 Public servant disobeying Simple imprisonment for Non-cognizable. Bailable. Magistrate of the first
direction of the law with 1 year, or fine, or both. class.
intent to cause injury to
any person.
199 Public servant disobeying Rigorous imprisonment Cognizable. Bailable. Magistrate of the first
direction under law. for not less than 6 months class.
which may extend to2 years and fine.
200 Non-treatment of victim Imprisonment for 1 year, Non-cognizable. Bailable. Magistrate of the first
by hospital. or fine, or both. class.
201 Public servant framing an Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
incorrect document with or fine, or both. class.
intent to cause injury.
202 Public servant unlawfully Simple imprisonment for Non-cognizable. Bailable. Magistrate of the first
engaging in trade. 1 year, or fine, or both, class.
or community service.
203 Public servant unlawfully Simple imprisonment for Non-cognizable. Bailable. Magistrate of the first
buying or bidding for 2 years, or fine, or both class.
property. and confiscation ofproperty, if purchased.
204 Personating a public servant. Imprisonment for not less Cognizable. Non-bailable. Any Magistrate.
than 6 months but whichmay extend to 3 yearsand fine.
205 Wearing garb or carrying Imprisonment for 3 months, Cognizable. Bailable. Any Magistrate.
token used by public or fine of 5,000 rupees, or
servant with fraudulent both.
intent.
206( a) Absconding to avoid service Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
of summons or other 1 month, or fine ofproceeding from a public 5,000 rupees, or both.
servant.
206( b) If summons or notice Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
require attendance in person,
6 months, or fine of
etc., in a Court. 10,000 rupees, or both.
207( a) Preventing service of Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
summons or other 1 month, or fine ofproceeding, or preventing 5,000 rupees, or both.publication thereof.
207( b) If summons, etc., require Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
attendance in person, etc., 6 months, or fine of
in a Court. 10,000 rupees, or both.
208( a) Non-attendance in obedience Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
to an order from public 1 month, or fine of
servant. 5,000 rupees, or both.
208( b) If the order requires personal Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
attendance, etc., in a Court. 6 months, or fine of
10,000 rupees, or both.
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209 Non-appearance in response Imprisonment for 3 years, Cognizable. Non-bailable. Magistrate of the first
to a proclamation under or fine, or both, class.
section 84 of this Sanhita. or community service.
In a case where declaration Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
has been made under and fine. class.
sub-section ( 4) of
section 84 of this Sanhita
pronouncing a person asproclaimed offender.
210( a) Omission to produce Simple imprisonment for Non-cognizable. Bailable. The Court in which the
document to public 1 month, or fine of offence is committed,
servant by person legally 5,000 rupees, or both. subject to the provisions
bound to produce or deliver of Chapter XXVIII; or,
it. if not committed, in aCourt, any Magistrate.
210( b) If the document is required Simple imprisonment for Non-cognizable. Bailable. The Court in which the
to be produced in or 6 months, or fine of offence is committed,
delivered to a Court. 10,000 rupees, or both. subject to the provisionsof Chapter XXVIII; or,if not committed, in aCourt, any Magistrate.
211( a) Intentional omission to Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
give notice or information 1 month, or fine of
to public servant by person 5,000 rupees, or both.
legally bound to give it.
211( b) If the notice or information Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
required respects the 6 months, or fine of
commission of an offence, 10,000 rupees, or both.etc.
211( c) If the notice or information Imprisonment for 6 months, Non-cognizable. Bailable. Any Magistrate.
is required by an order or fine of 1,000 rupees,
passed under sub-section ( 1) or both.
of section 394 of thisSanhita.
212( a) Knowingly furnishing false Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
information to public 6 months, or fine of
servant. 5,000 rupees, or both.
212( b) If the information required Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
respects the commission or fine, or both.
of an offence, etc.
Refusing oath when duly Simple imprisonment for Non-cognizable. Bailable. The Court in which the
required to take oath by a 6 months, or fine of offence is committed,
public servant. 5,000 rupees, or both. subject to the provisionsof Chapter XXVIII; or,if not committed, in aCourt, any Magistrate.
214 Being legally bound to state Simple imprisonment for Non-cognizable. Bailable. The Court in which the
truth, and refusing to 6 months, or fine of offence is committed,
answer public servant 5,000 rupees, or both. subject to the provisions
authorised to question. of Chapter XXVIII; or,if not committed, in aCourt, any Magistrate.
215 Refusing to sign a statement Simple imprisonment for Non-cognizable. Bailable. The Court in which the
made to a public servant 3 months, or fine of offence is committed,
when legally required to 3,000 rupees, or both. subject to the provisions
do so. of Chapter XXVIII; or,if not committed, in aCourt, any Magistrate.
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216 Knowingly stating to a Imprisonment for 3 years Non-cognizable. Bailable. Magistrate of the first
public servant on oath as and fine. class.
true that which is false.
217 Giving false information to Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
a public servant in order to or with fine ofcause him to use his lawful 10,000 rupees, or both.
power to the injury orannoyance of any person.
218 Resistance to the taking of Imprisonment for Non-cognizable. Bailable. Any Magistrate.
property by the lawful 6 months, or fine ofauthority of a public servant. 10,000 rupees, or both.
219 Obstructing sale of property Imprisonment for 1 month, Non-cognizable. Bailable. Any Magistrate.
offered for sale by authority or fine of 5,000 rupees,
of a public servant. or both.
220 Illegal purchase or bid for Imprisonment for 1 month, Non-cognizable. Bailable. Any Magistrate.
property offered for sale by or fine of 200 rupees,
authority of public servant. or both.
221 Obstructing public servant Imprisonment for 3 months, Non-cognizable. Bailable. Any Magistrate.
in discharge of his public or fine of 2,500 rupees,
functions. or both.
222( a) Omission to assist public Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
servant when bound by law 1 month, or fine of
to give such assistance. 2,500 rupees, or both.
222( b) Wilfully neglecting to aid a Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
public servant who demands 6 months, or fine of
aid in the execution of 5,000 rupees, or both.
process, the prevention ofoffences, etc.
223( a) Disobedience to an order Simple imprisonment for Cognizable. Bailable. Any Magistrate.
lawfully promulgated by a 6 months, or fine of
public servant, if such 2,500 rupees, or both.
disobedience causesobstruction, annoyance orinjury to persons lawfullyemployed.
223( b) If such disobedience causes Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
danger to human life, health or fine of 5,000 rupees,
or safety, or causes or tends or both.
to cause a riot or affray.
224 Threat of injury to public Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
servant, etc. or fine, or both.
225 Threat of injury to induce Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
person to refrain from or fine, or both.
applying for protection topublic servant.
Attempt to commit suicide Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
to compel or restraint or fine, or both, or
exercise of lawful power. community service.
229( 1) Intentionally giving or Imprisonment for 7 years Non-cognizable. Bailable. Magistrate of the first
fabricating false evidence and 10,000 rupees. class.
in a judicial proceeding.
229( 2) Giving or fabricating false Imprisonment for 3 years Non-cognizable. Bailable. Any Magistrate.
evidence in any other case. and 5,000 rupees.
230( 1) Giving or fabricating false Imprisonment for life, or Non-cognizable. Non-bailable. Court of Session.
evidence with intent to rigorous imprisonment
cause any person to be for 10 years andconvicted of capital offence. 50,000 rupees.
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230( 2) If innocent person be Death, or as above. Non-cognizable. Non-bailable. Court of Session.
thereby convicted and
executed.
231 Giving or fabricating false The same as for the offence. Non-cognizable. Non-bailable. Court of Session.
evidence with intent to
procure conviction of an
offence punishable with
imprisonment for life or
with imprisonment for7 years, or upwards.
232( 1) Threatening any person to Imprisonment for 7 years, Cognizable. Non-bailable. Court by which offence
give false evidence. or fine, or both. of giving false evidence
is triable.
232( 2) If innocent person is The same as for the Cognizable. Non-bailable. Court by which offence
convicted and sentenced in offence. of giving false evidence
consequence of false is triable.
evidence with death, orimprisonment for more
than 7 years.
233 Using in a judicial The same as for giving or Non-cognizable. According as offence Court by which offence
proceeding evidence known fabricating false evidence. of giving such of giving or fabricating
to be false or fabricated. evidence is bailable false evidence is triable.
or non-bailable.
234 Knowingly issuing or signing The same as for giving Non-cognizable. Bailable. Court by which offence
a false certificate relating false evidence. of giving false evidence
to any fact of which such is triable.
certificate is by lawadmissible in evidence.
235 Using as a true certificate The same as for giving Non-cognizable. Bailable. Court by which offence
one known to be false in a false evidence. of giving false evidence
material point. is triable.
236 False statement made in any The same as for giving Non-cognizable. Bailable. Court by which offence
declaration which is by law false evidence. of giving false evidence
receivable as evidence. is triable.
237 Using as true any such The same as for giving Non-cognizable. Bailable. Court by which offence
declaration known to be false evidence. of giving false evidence
false. is triable.
238( a) Causing disappearance of Imprisonment for 7 years According as the Bailable. Court of Session.
evidence of an offence and fine. offence in
relation to
committed, or giving false which disappearance
information touching it to of evidence is caused
screen the offender, if a is cognizable or non-
capital offence. cognizable.
238( b) If punishable with Imprisonment for 3 years Non-cognizable. Bailable. Magistrate of the first
imprisonment for life or and fine. class.
imprisonment for 10 years.
238( c) If punishable with less than Imprisonment for one- Non-cognizable. Bailable. Court by which the
10 years' imprisonment. fourth of the longest term offence is triable.
provided for the offence,or fine, or both.
239 Intentional omission to Imprisonment for Non-cognizable. Bailable. Any Magistrate.
give information of an 6 months, or fine of
offence by a person legally 5,000 rupees, or both.
bound to inform.
240 Giving false information Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
respecting an offence or fine, or both.
committed.
241 Secreting or destroying any Imprisonment for 3 years, Non-cognizable. Bailable. Magistrate of the first
document to prevent its or fine of 5,000 rupees, class.
production as evidence. or both.
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242 False personation for the Imprisonment for 3 years, Non-cognizable. Bailable. Magistrate of the first
purpose of any act or or fine, or both. class.
proceeding in a suit or
criminal prosecution, or
for becoming bail or
security.
243 Fraudulent removal or Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
concealment, etc., of or fine, of 5,000 rupees,
property to prevent its or both.seizure as a forfeiture or
in satisfaction of a fine
under sentence, or inexecution of a decree.
244 Claiming property without Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
right, or practising deception or fine, or both.
touching any right to it, to
prevent its being taken as a
forfeiture, or in satisfactionof a fine under sentence, or
in execution of a decree.
245 Fraudulently suffering a Imprisonment for 2 years, Non-cognizable. Bailable. Magistrate of the first
decree to pass for a sum or fine, or both. class.
not due, or suffering decree
to be executed after it hasbeen satisfied.
246 False claim in a Court. Imprisonment for 2 years Non-cognizable. Bailable. Magistrate of the first
and fine. class.
247 Fraudulently obtaining a Imprisonment for 2 years, Non-cognizable. Bailable. Magistrate of the first
decree for a sum not due, or fine, or both. class.
or causing a decree to beexecuted after it has been
satisfied.
248( a) False charge of offence Imprisonment for 5 years, Non-cognizable. Bailable. Magistrate of the first
made with intent to injure. or fine of 2 lakh rupees, class.
or both.
248( b) Criminal proceeding Imprisonment for 10 years Non-cognizable. Bailable. Court of Session.
instituted on a false charge and fine.of an offence punishable
with death, imprisonmentfor life, or imprisonment
for ten years or upwards.
249( a) Harbouring an offender, if Imprisonment for 5 years Cognizable. Bailable. Magistrate of the first
the offence is punishable and fine. class.with death.
249( b) If punishable with Imprisonment for 3 years Cognizable. Bailable. Magistrate of the first
imprisonment for life or and fine. class.
with imprisonment for
10 years.
249( c) If punishable with Imprisonment for one- Cognizable. Bailable. Magistrate of the first
imprisonment for 1 year fourth of the longest term, class.
and not for 10 years. and of the descriptions,
provided for the offence,
or fine, or both.
250( a) T
aking gift, etc., to screen Imprisonment for 7 years Cognizable. Bailable. Magistrate of the first
an offender from and fine. class.
punishment if the offenceis punishable with death.
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250( b) If punishable with Imprisonment for 3 years Cognizable. Bailable. Magistrate of the first
imprisonment for life or and fine. class.
with imprisonment for
10 years.
250( c) If punishable with Imprisonment for one- Cognizable. Bailable. Magistrate of the first
imprisonment for less than fourth of the longest term class.
10 years. provided for the offence,
or fine, or both.
251( a) Offering gift or restoration Imprisonment for 7 years Non-cognizable. Bailable. Magistrate of the first
of property in consideration and fine. class.
of screening offender if theoffence is punishable withdeath.
251( b) If punishable with Imprisonment for 3 years Non-cognizable. Bailable. Magistrate of the first
imprisonment for life or and fine. class.
with imprisonment for10 years.
251( c) If punishable with Imprisonment for one- Non-cognizable. Bailable. Magistrate of the first
imprisonment for less fourth of the longest term, class.
than 10 years. provided for the offence,
or fine, or both.
252 Taking gift to help to Imprisonment for 2 years, Cognizable. Bailable. Magistrate of the first
recover movable property or fine, or both. class.
of which a person has beendeprived by an offencewithout causing apprehensionof offender.
253( a) Harbouring an offender who Imprisonment for 7 years Cognizable. Bailable. Magistrate of the first
has escaped from custody, and fine. class.
or whose apprehension has
been ordered, if the offenceis punishable with death.
253( b) If punishable with Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
imprisonment for life or with or without fine. class.
with imprisonment for10 years.
253( c) If punishable with Imprisonment for one- Cognizable. Bailable. Magistrate of the first
imprisonment for 1 year fourth of the longest term class.
and not for 10 years. provided for the offence,or fine, or both.
254 Harbouring robbers or Rigorous imprisonment Cognizable. Bailable. Magistrate of the first
dacoits. for 7 years and fine. class.
5 Public servant disobeying a Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
direction of law with intent or fine, or both.to save person frompunishment, or propertyfrom forfeiture.
256 Public servant framing an Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
incorrect record or writing or fine, or both. class.
with intent to save personfrom punishment, orproperty from forfeiture.
257 Public servant in a judicial Imprisonment for 7 years, Non-cognizable. Bailable. Magistrate of the first
proceeding corruptly making or fine, or both. class.
and pronouncing an order,
report, etc. contrary to law.
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258 Commitment for trial or Imprisonment for 7 years, Non-cognizable. Bailable. Magistrate of the first
confinement by a person or fine, or both. class.
having authority, who
knows that he is actingcontrary to law.
259( a) Intentional omission to Imprisonment for 7 years, According as the Bailable. Magistrate of the first
apprehend on the part of with or without fine. offence in relation to class.
a public servant bound by which such omission
law to apprehend an has been made is
offender, if the offence cognizable or non-
is punishable with death. cognizable.
259( b) If punishable with Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
imprisonment for life or with or without fine. class.
imprisonment for 10 years.
259( c) If punishable with Imprisonment for 2 years, Cognizable. Bailable. Magistrate of the first
imprisonment for less with or without fine. class.
than 10 years.
260( a) Intentional omission to Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
apprehend on the part of a imprisonment for 14 years,
public servant bound by with or without fine.
law to apprehend personunder sentence of a Courtif under sentence of death.
260( b) If under sentence of Imprisonment for 7 years, Cognizable. Non-bailable. Magistrate of the first
imprisonment for life or with or without fine. class.
imprisonment for 10 years,or upwards.
260( c) If under sentence of Imprisonment for 3 years, Cognizable. Bailable. Magistrate of the first
imprisonment for less than or fine, or both. class.
10 years or lawfullycommitted to custody.
261 Escape from confinement Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
negligently suffered by a 2 years, or fine, or both.
public servant.
262 Resistance or obstruction Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
by a person to his lawful or fine, or both.
apprehension.
263( a) Resistance or obstruction Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
to the lawful apprehension or fine, or both.of any person, or rescuinghim from lawful custody.
263( b)
If charged with an offence Imprisonment for 3 years Cognizable. Non-bailable. Magistrate of the first
punishable with imprison- and fine. class.
ment for life or imprison-ment for 10 years.
263( c) If charged with offence Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
punishable with death. and fine. class.
263( d) If the person is sentenced Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
to imprisonment for life, and fine. class.
or imprisonment for10 years, or upwards.
263( e) If under sentence of death. Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
imprisonment for 10 yearsand fine.
264 Omission to apprehend, or
sufferance of escape on partof public servant, in casesnot otherwise provided for:—
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(a) in case of intentional Imprisonment for 3 years, Non-cognizable. Bailable. Magistrate of the first
omission or sufferance; or fine, or both. class.
(b) in case of negligent Simple imprisonment for Non-cognizable. Bailable. Any Magistrate.
omission or sufferance. 2 years, or fine, or both.
265 Resistance or obstruction to Imprisonment for Cognizable. Bailable. Any Magistrate.
lawful apprehension, or 6 months, or fine, or both.
escape or rescue in cases
not otherwise provided for.
266 Violation of condition of Punishment of original Cognizable. Non-bailable. The Court by which the
remission of punishment. sentence, or if part of the original offence was
punishment has been triable.
undergone, the residue.
267 Intentional insult or Simple imprisonment for Non-cognizable. Bailable. The Court in which the
interruption to a public 6 months, or fine of offence is committed,
servant sitting in any stage 5,000 rupees, or both. subject to the
of a judicial proceeding. provisions of ChapterXXVIII; or, if not
committed, in a Court,
any Magistrate.
268 Personation of an assessor. Imprisonment for 2 years, Non-cognizable. Bailable. Magistrate of the first
or fine, or both. class.
269 Failure by person released Imprisonment for 1 year, Cognizable. Non-bailable. Any Magistrate.
on bond or bail bond to or fine, or both.
appear in Court.
271 Negligently doing any act Imprisonment for Cognizable. Bailable. Any Magistrate.
known to be likely to spread 6 months, or fine, or both.
infection of any disease
dangerous to life.
272 Malignantly doing any act Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
known to be likely to spread or fine, or both.
infection of any disease
dangerous to life.
273 Knowingly disobeying any Imprisonment for Non-cognizable. Bailable. Any Magistrate.
quarantine rule. 6 months, or fine, or both.
274 Adulterating food or drink Imprisonment for Non-cognizable. Bailable. Any Magistrate.
intended for sale, so as to 6 months, or fine of
make the same noxious. 5,000 rupees, or both.
275 Selling any food or drink as Imprisonment for Non-cognizable. Bailable. Any Magistrate.
food and drink, knowing 6 months, or fine of
the same to be noxious. 5,000 rupees, or both.
276 Adulterating any drug or Imprisonment for 1 year, Non-cognizable. Non-bailable. Any Magistrate.
medical preparation intended or fine of 5,000 rupees,
for sale so as to lessen its or both.
efficacy, or to change its
operation, or to make itnoxious.
277 Sale of adulterated drugs. Imprisonment for Non-cognizable. Bailable. Any Magistrate.
6 months, or fine of
5,000 rupees, or both.
278 Knowingly selling of drug Imprisonment for Non-cognizable. Bailable. Any Magistrate.
as a different drug or 6 months, or fine of
preparation. 5,000 rupees, or both.
279 Fouling water of public Imprisonment for Cognizable. Bailable. Any Magistrate.
spring or reservoir. 6 months, or fine of
5,000 rupees, or both.
280 Making atmosphere Fine of 1,000 rupees. Non-cognizable. Bailable. Any Magistrate.
noxious to health.
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281 Rash driving or riding on Imprisonment for Cognizable. Bailable. Any Magistrate.
a public way. 6 months, or fine of
1,000 rupees, or both.
282 Rash navigation of vessel. Imprisonment for Cognizable. Bailable. Any Magistrate.
6 months, or fine of
10,000 rupees, or both.
283 Exhibition of a false light, Imprisonment for 7 years, Cognizable. Bailable. Magistrate of the first
mark or buoy. and fine which shall not class.
be less than 10,000 rupees.
284 Conveying person by water Imprisonment for Cognizable. Bailable. Any Magistrate.
for hire in unsafe or 6 months, or fine of
overloaded vessel. 5,000 rupees, or both.
285 Causing danger or Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate.
obstruction in public way
or line of navigation.
286 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate.
respect to poisonous 6 months, or fine of
substance. 5,000 rupees, or both.
287 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate.
respect to fire or 6 months, or fine of
combustible matter. 2,000 rupees, or both.
288 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate.
respect to explosive 6 months, or fine of
substance. 5,000 rupees, or both.
289 Negligent conduct with Imprisonment for Non-cognizable. Bailable. Any Magistrate.
respect to machinery. 6 months, or fine of
5,000 rupees, or both.
290 Negligent conduct with Imprisonment for Non-cognizable. Bailable. Any Magistrate.
respect to pulling down, 6 months, or fine of
repairing or constructing 5,000 rupees, or both.
buildings, etc.
291 Negligent conduct with Imprisonment for 6 Cognizable. Bailable. Any Magistrate.
respect to animal. months, or fine of 5,000
rupees, or both.
292 Committing public nuisance Fine of 1,000 rupees. Non-cognizable. Bailable. Any Magistrate.
in cases not otherwise
provided for.
293 Continuance of nuisance Simple imprisonment for Cognizable. Bailable. Any Magistrate.
after injunction to 6 months, or fine of
discontinue. 5,000 rupees, or both.
294( 2) Sale, etc., of obscene On first conviction, with Cognizable. Bailable. Any Magistrate.
books, etc. imprisonment for 2 years,
and with fine of
5,000 rupees, and, in the
event of second or
subsequent conviction,
with imprisonment for
5 years, and with fine
of 10,000 rupees.
95 Sale, etc., of obscene On first conviction, with Cognizable. Bailable. Any Magistrate.
objects to child. imprisonment for 3 years,and with fine of
2,000 rupees, and in the
event of second or
subsequent conviction,with imprisonment for
7 years, and with fine of
5,000 rupees.
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296 Obscene acts and songs. Imprisonment for Cognizable. Bailable. Any Magistrate.
3 months, or fine of
1,000 rupees, or both.
297( 1) Keeping a lottery office. Imprisonment for Non-cognizable. Bailable. Any Magistrate.
6 months, or fine, orboth.
297( 2) Publishing proposals Fine of 5,000 rupees. Non-cognizable. Bailable. Any Magistrate.
relating to lotteries.
298 Defiling, etc., place of Imprisonment for Cognizable. Non-bailable. Any Magistrate.
worship, with intent to 2 years, or fine, or both.
insult the religion of anyclass.
299 Deliberate and malicious Imprisonment for Cognizable. Non-bailable. Magistrate of the first
acts, intended to outrage 3 years, or fine, or both. class.
religious feelings of anyclass by insulting its religion
or religious beliefs.
300 Disturbing religious Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
assembly. or fine, or both.
301 Trespassing on burial Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
places, etc. or fine, or both.
302 Uttering words, etc., with Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
deliberate intent to wound or fine, or both.
religious feelings.
303( 2) Theft. Cognizable. Non-bailable. Any Magistrate.
Rigorous imprisonment
for not be less than
1 year but which may
extend to 5 years and fine.
Where value of property Upon return of the value Non-cognizable. Bailable. Any Magistrate.
is less than 5,000 rupees. of property or restoration
of the stolen property,
shall be punished with
community service.
304( 2) Snatching. Imprisonment for Cognizable. Non-bailable. Any Magistrate.
3 years and fine.
305 Theft in a dwelling house, Imprisonment for Cognizable. Non-bailable. Any Magistrate.
or means of transportation 7 years and fine.
or place of worship, etc.
306 Theft by clerk or servant Imprisonment for Cognizable. Non-bailable. Any Magistrate.
of property in possession 7 years and fine.
of master or employer.
307 Theft after preparation Rigorous imprisonment Cognizable. Non-bailable. Magistrate of the first
made for causing death, for 10 years and fine. class.
hurt or restraint in orderto the committing of theft.
308( 2) Extortion. Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the first
years, or fine, or both. class.
308( 3) Putting or attempting to Imprisonment for 2 years, Cognizable. Bailable. Any Magistrate.
put in fear of injury, in or fine, or both.
order to commit extortion.
308( 4) Putting or attempting to Imprisonment for Cognizable. Non-bailable. Magistrate of the first
put a person in fear of 7 years and fine. class.
death or grievous hurt inorder to commit extortion.
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308( 5) Extortion by putting a Imprisonment for Cognizable. Non-bailable. Magistrate of the first
person in fear of death or 10 years and fine. class.
grievous hurt.
308( 6) Putting a person in fear Imprisonment for Cognizable. Bailable. Magistrate of the first
of accusation of an offence 10 years and fine. class.
punishable with death,
imprisonment for life, or
imprisonment for 10 years
in order to commitextortion.
308( 7) Extortion by threat of Imprisonment for Cognizable. Bailable. Magistrate of the first
accusation of an offence 10 years and fine. class.
punishable with death,imprisonment for life, or
imprisonment for 10 years.
309( 4) Robbery. Rigorous imprisonment Cognizable. Non-bailable. Magistrate of the first
for 10 years and fine. class.
If robbery committed on Rigorous imprisonment Cognizable. Non-bailable. Magistrate of the first
highway between sunset for 14 years. class.
and sunrise.
309( 5) Attempt to commit Rigorous imprisonment Cognizable. Non-bailable. Magistrate of the first
robbery. for 7 years and fine. class.
309( 6) Causing hurt. Imprisonment for life, or Cognizable. Non-bailable. Magistrate of the first
rigorous imprisonment class.
for 10 years and fine.
310( 2) Dacoity. Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
rigorous imprisonmentfor 10 years and fine.
310( 3) Murder in dacoity. Death, imprisonment for Cognizable. Non-bailable. Court of Session.
life, or rigorous
imprisonment for not less
than 10 years and fine.
310( 4) Making preparation to Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
commit dacoity. for 10 years and fine.
310( 5) Being one of five or more Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
persons assembled for the for 7 years and fine.
purpose of committing
dacoity.
310( 6) Belonging to a gang of Imprisonment for life, Cognizable. Non-bailable. Court of Session.
persons associated for the or rigorous imprisonment
purpose of habitually for 10 years and fine.
committing dacoity.
311 Robbery or dacoity, with Imprisonment for not Cognizable. Non-bailable. Court of Session.
attempt to cause death or less than 7 years.
grievous hurt.
312 Attempt to commit robbery Imprisonment for not Cognizable. Non- bailable. Court of Session.
or dacoity when armed less than 7 years.
with deadly weapon.
313 Belonging to a wandering Rigorous imprisonment Cognizable. Non-bailable. Magistrate of the first
gang of persons associated for 7 years and fine. class.
for the purpose of habituallycommitting thefts.
314 Dishonest misappropriation Imprisonment of not less Non-cognizable. Bailable. Any Magistrate.
of movable property, or than 6 months but which
converting it to one's may extend to 2 years
own use. and fine.
315 Dishonest misappropriation Imprisonment for Non-cognizable. Bailable. Magistrate of the first
of property possessed by 3 years and fine. class.
deceased person at the timeof his death.
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If by clerk or person Imprisonment for 7 years. Non-cognizable. Bailable. Magistrate of the first
employed by deceased. class.
316( 2) Criminal breach of trust. Imprisonment for 5 years, Cognizable. Non-bailable. Magistrate of the first
or fine, or both. class.
316( 3) Criminal breach of trust by Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
a carrier, wharfinger, etc. and fine. class.
316( 4) Criminal breach of trust by Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
a clerk or servant. and fine. class.
316( 5) Criminal breach of trust by Imprisonment for life, or Cognizable. Non-bailable. Magistrate of the first
public servant or by banker, imprisonment for 10 years class.
merchant or agent, etc. and fine.
317( 2) Dishonestly receiving Imprisonment for 3 years, Cognizable. Non-bailable. Any Magistrate.
stolen property knowing or fine, or both.
it to be stolen.
317( 3) Dishonestly receiving Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
stolen property, knowing rigorous imprisonment
that it was obtained by for 10 years and fine.
dacoity.
317( 4) Habitually dealing in stolen Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
property. imprisonment for 10 years
and fine.
317( 5) Assisting in concealment or Imprisonment for 3 years, Cognizable. Non-bailable. Any Magistrate.
disposal of stolen property, or fine, or both.
knowing it to be stolen.
318( 2) Cheating. Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
or fine, or both.
318( 3) Cheating a person whose Imprisonment for 5 years, Non-cognizable. Bailable. Any Magistrate.
interest the offender was or fine, or both.
bound, either by law or by
legal contract, to protect.
318( 4) Cheating and dishonestly Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
inducing delivery of and fine. class.
property.
319( 2) Cheating by personation. Imprisonment for 5 years
, Cognizable Bailable. Any Magistrate.
or with fine, or with both.
320 Fraudulent removal or Imprisonment of not be Non-cognizable. Bailable. Any Magistrate.
concealment of property, less than 6 months but
etc., to prevent distribution which may extend to
among creditors. 2 years, or fine, or both.
321 Dishonest or fraudulently Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
preventing from being or fine, or both.
made available for his
creditors a debt or demanddue to the offender.
322 Dishonest or fraudulent Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
execution of deed of or fine, or both.
transfer containing a false
statement of consideration.
323 Fraudulent removal or Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
concealment of property, or fine, or both.
of himself or any other
person or assisting in thedoing thereof, or dishonestly
releasing any demand or
claim to which he is entitled.
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324( 2) Mischief. Imprisonment for Non-cognizable. Bailable. Any Magistrate.
6 months, or fine, or both.
324( 3) Mischief causing loss or Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
damage to any property or fine, or both.
including property of
Government or LocalAuthority.
324( 4) Mischief causing loss or Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
damage to the amount of or fine, or both.twenty thousand rupees butless than 2 lakh rupees.
324( 5) Mischief causing loss or Imprisonment for 5 year s, Cognizable. Bailable. Magistrate of the first
damage to the amount of or fine, or both. class.
one lakh rupees or upwards.
324( 6) Mischief with preparation Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
for causing to any person and fine. class.
death, or hurt, or wrongfulrestraint, or fear of death,or of hurt, or of wrongfulrestraint.
325 Mischief by killing or Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
maiming animal. or fine, or both. class.
326( a) Mischief by causing Imprisonment for 5 years , Cognizable. Bailable. Magistrate of the first
diminution of supply of or fine, or both. class.
water for agriculturalpurposes, etc.
326( b) Mischief by injury to public Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
road, bridge, navigable river, or fine, or both. class.
or navigable channel, andrendering it impassable orless safe for travelling orconveying property.
326( c) Mischief by causing Imprisonment for 5 years, Cognizable. Bailable. Magistrate of the first
inundation or obstruction or with fine, or with both. class.
to public drainage attendedwith damage.
326( d) Mischief by destroying or Imprisonment for 7 years, Cognizable. Bailable. Magistrate of the first
moving or rendering less or fine, or both. class.
useful a lighthouse orseamark, or by exhibitingfalse lights.
326( e) Mischief by destroying or Imprisonment for 1 year,
Non-cognizable. Bailable. Any Magistrate.
moving, etc., a landmark or fine, or both.fixed by public authority.
326( f) Mischief by fire or explosive Imprisonment for 7 years Cognizable. Bailable. Magistrate of the first
substance with intent to and fine. class.
cause damage.
326( g) Mischief by fire or explosive Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
substance with intent to imprisonment for 10 years
destroy a house, etc. and fine.
327( 1) Mischief with intent to Imprisonment for 10 years Cognizable. Non-b ailable. Court of Session.
destroy or make unsafe a and fine.decked vessel or a vesselof 20 tonnes burden.
327( 2) The mischief described in Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
the last section when imprisonment for 10 years
committed by fire or any and fine.explosive substance.
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328 Running vessel with intent Imprisonm ent for 10 years Cognizable. Non-bailable. Court of Session.
to commit theft, etc. and fine.
329( 3) Criminal trespass. Imprisonment for Cognizable. Bailable. Any Magistrate.
3 months, or fine of
5,000 rupees, or both.
329( 4) House-trespass. Imprisonment for 1 year, Cognizable. Bailable. Any Magistrate.
or fine of 5,000 rupees,or both.
331( 1) Lurking house-trespass or Imprisonment for 2 years Cognizable. Non-bailable. Any Magistrate.
house-breaking. and fine.
331( 2) Lurking house-trespass or Imprisonment for 3 years Cognizable. Non-bailable. Any Magistrate.
house-breaking by night. and fine.
331( 3) Lurking house-trespass or Imprisonment for 3 years Cognizable. Non-bailable. Any Magistrate.
house-breaking in order to and fine.the commission of anoffence punishable withimprisonment.
If the offence be theft. Imprison ment for 10 years. Cognizable. Non-bailable. Magistrate of the first
class.
331( 4) Lurking house-trespass or Imprisonment for 5 years Cognizable. Non-bailable. Any Magistrate.
house-breaking by night and fine.
in order to the commissionof an offence punishable
with imprisonment.
If the offence be theft. Imprisonment for Cognizable. Non-bailable. Magistrate of the first
14 years. class.
331( 5) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Magistrate of the first
house-breaking after 10 years and fine. class.
preparation made for
causing hurt, assault, etc.
331( 6) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Magistrate of the first
house-breaking by night, 14 years and fine. class.
after preparation made for
causing hurt, etc.
331( 7) Grievous hurt caused whilst Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
committing lurking house- imprisonment for 10 yearstrespass or house-breaking. and fine.
331( 8) Death or grievous hurt Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
caused by one of several imprisonment for 10 years
persons jointly concerned and fine.
in house-breaking by night,
etc.
332( a)
House-trespass in order to Imprisonment for life, or Cognizable. Non-bailable. Court of Session.
the commission of an rigorous imprisonment for
offence punishable with 10 years and fine.
death.
332( b) House-trespass in order to Imprisonment for Cognizable. Non-bailable. Court of Session.
the commission of an 10 years and fine.
offence punishable with
imprisonment for life.
332( c) House-trespass in order to Imprisonment for 2 years Cognizable. Bailable. Any Magistrate.
the commission of an and fine.offence punishable with
imprisonment.
If the offence is theft. Imprisonment for 7 years. Cognizable. Non-bailable. Any Magistrate.
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333 House-trespass, having Imprisonment for 7 years Cognizable. Non-bailable. Any Magistrate.
made preparation for and fine.
causing hurt, assault, etc.
334( 1) Dishonestly breaking open Imprisonment for 2 years, Cognizable. Non-bailable. Any Magistrate.
or unfastening any closed or fine, or both.
receptacle containing or
supposed to containproperty.
334( 2) Being entrusted with any Imprisonment for 3 years, Cognizable. Bailable. Any Magistrate.
closed receptacle containing or fine, or both.or supposed to contain anyproperty, and fraudulently
opening the same.
336( 2) Forgery. Imprisonment for 2 years, Non-cognizable. Bailable. Magistrate of the first
or fine, or both. class.
336( 3) Forgery for the purpose of Imprisonment for 7 years Cognizable. Non-bailable. Magistrate of the first
cheating. and fine. class.
336( 4) Forgery for the purpose of Imprisonment for 3 years Cognizable. Bailable. Magistrate of the first
harming the reputation of and fine. class.
any person or knowing that
it is likely to be used for
that purpose.
337 Forgery of a record of a Imprisonment for 7 years Non-cognizable. Non-b ailable. Magistrate of the first
Court or of a Registrar of and fine class.
Births, etc., kept by apublic servant.
338 Forgery of a valuable Imprisonment for life, Non-cognizable. Non -bailable. Magistrate of the first
security, will, or authority or imprisonment for class.
to make or transfer any 10 years and fine.
valuable security, or to
receive any money, etc.
When the valuable security Imprisonment for life, Cognizable. Non-bailable. Magistrate of the first
is a promissory note of the or imprisonment for class.
Central Government. 10 years and fine.
339 Having possession of a Imprisonment for Cognizable. Bailable. Magistrate of the first
document, knowing it to be 7 years and fine. class.
forged, with intent to use it
as genuine; if the document
is one of the descriptionmentioned in section 337.
If the document is one of Imprisonment for life, Non-cognizable. Bailable. Magistrate of the first
the description mentioned or imprisonment for class.
in section 338. 7 years and fine.
340( 2)
Using as genuine a forged Punishment for forgery Cognizable. Bailable. Magistrate of the first
document which is known of such document. class.
to be forged.
341( 1) Making or counterfeiting a Imprisonment for life, Cognizable. Bailable. Magistrate of the first
seal, plate, etc., with intent or imprisonment for class.
to commit a forgery 7 years and fine.
punishable under section 338
or possessing with likeintent any such seal, plate,
etc., knowing the same to
be counterfeit.
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341( 2) Making or counterfeiting a Imprisonment for Cognizable. Bailable. Magistrate of the first
seal, plate, etc., with intent 7 years and fine. class.
to commit a forgery
punishable otherwise than
under section 338 orpossessing with like intentany such seal, plate, etc.,knowing the same to becounterfeit.
341( 3) Possesses any seal, plate or Imprisonment for Cognizable. Bailable. Magistrate of the first
other instrument knowing 3 years and fine. class.
the same to be counterfeit.
341( 4) Fraudulently or dishonestly Same as if he had made Cognizable. Bailable. Magistrate of the first
uses as genuine any seal, or counterfeited such class.
plate or other instrument seal, plate or other
knowing or having reason instrument.
to believe the same to becounterfeit.
342( 1) Counterfeiting a device or Imprisonment for life, or Non-cognizable. Bailable. Magistrate of the first
mark used for authenticating imprisonment for class.
documents described in 7 years and fine.
section 338 or possessing
counterfeit marked material.
342( 2) Counterfeiting a device or Imprisonment for Non-cognizable. Non-bailable. Magistrate of the first
mark used for authenticating 7 years and fine. class.
documents other than thosedescribed in section 338 or
possessing counterfeit
marked material.
343 Fraudulently destroying or Imprisonment for life, Non-cognizable. Non-bailable. Magistrate of the first
defacing, or attempting to or imprisonment for class.
destroy or deface, or 7 years and fine.
secreting, a will, etc.
344 Falsification of accounts. Imprisonment for Non-cognizable. Bailable. Magistrate of the first
7 years, or fine, or both. class.
345( 3) Using a false property Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
mark with intent to or fine, or both.
deceive or injure any
person.
346 Removing, destroying or Imprisonment for 1 year, Non-cognizable. Bailable. Any Magistrate.
defacing property mark or fine, or both.
with intent to cause injury.
347( 1) Counterfeiting a property Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
mark used by another, with or fine, or both.
intent to cause damage or
injury.
347( 2) Counterfeiting a property Imprisonment for Non-cognizable. Bailable. Magistrate of the first
mark used by a public 3 years and fine. class.
servant, or any mark usedby him to denote the
manufacture, quality
, etc.,
of any property.
348 Fraudulently making or Imprisonment for Non-cognizable. Bailable. Magistrate of the first
having possession of any 3 years, or fine, or both. class.
die, plate or other
instrument for
counterfeiting any public
or private property mark.
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349 Knowingly selling goods Imprisonment for Non-cognizable. Bailable. Any Magistrate.
marked with a counterfeit 1 year, or fine, or both.
property mark.
350( 1) Fraudulently making a Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
false mark upon any or fine, or both.
package or receptaclecontaining goods, withintent to cause it to bebelieved that it containsgoods, which it does notcontain, etc.
350( 2) Making use of any such Imprisonment for 3 years, Non-cognizable. Bailable. Any Magistrate.
false mark. or fine, or both.
351( 2) Criminal intimidation. Imprisonment for 2 years, Non-cognizable Bailable Any Magistrate.
or fine, or both.
351( 3) If threat be to cause death Imprisonment for 7 years, Non-cognizable Bailable Magistrate of the first
or grievous hurt, etc. or fine, or both. class.
351( 4) Criminal intimidation by Imprisonment for 2 years, Non-cognizable. Bailable. Magistrate of the first
anonymous communication in addition to the class.
or having taken precaution punishment under
to conceal whence the section 351( 1).
threat comes.
352 Insult intended to provoke Imprisonment for 2 years, Non-cognizable. Bailable. Any Magistrate.
breach of the peace. or fine, or both.
353( 1) False statement, rumour, Imprisonment for 3 years, Non-cognizable. Non -bailable . Any Magistrate.
etc., circulated with intent or fine, or both.to cause mutiny or offence
against the public peace.
353( 2) False statement, rumour, Imprisonment for 3 years, Cognizable. Non-b ailable. Any Magistrate.
etc., with intent to create or fine, or both.
enmity, hatred or ill-will
between different classes.
353(3) False statement, rumour,etc., made in place ofworship, etc., with intentto create enmity, hatred orill-will.
354 Act caused by inducing a
person to believe that hewill be rendered an objectof Divine displeasure.
355 Appearing in a public
place, etc., in a state ofintoxication, and causingannoyance to any person.
356(2) Defamation against thePresident or the Vice-President or the Governorof a State or Administratorof a Union territory or aMinister in respect of hisconduct in the discharge ofhis public functions wheninstituted upon acomplaint made by thePublic Prosecutor.
Defamation in any other
case.Imprisonment for 5 years
and fine.
Imprisonment for 1 year,
or fine, or both.
Simple imprisonment for
24 hours, or fine of 1,000
rupees, or both or with
community service.
Simple imprisonment for 2
years, or fine or both, or
commu
nity service.
Simple imprisonment for 2
years, or fine or both, or
community service.Cognizable. Non-bailable. Any Magistrate.
Non-cognizable. Bailable. Any Magistrate.
Non-cognizable. Bailable. Any Magistrate.
Non-cognizable. Bailable. Court of Session.
Non-cognizable. Bailable. Magistrate of the first
class.
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356( 3) Printing or engraving
matter knowing it to be
defamatory against thePresident or the Vice-President or the Governorof a State or Administratorof a Union territory or aMinister in respect of hisconduct in the discharge ofhis public functions wheninstituted upon acomplaint made by thePublic Prosecutor.
Printing or engraving
matter knowing it to bedefamatory, in any othercase.
356( 4) Sale of printed or engraved
substance containingdefamatory matter,knowing it to contain suchmatter against thePresident or the Vice-President or the Governorof a State or Administratorof a Union territory or aMinister in respect of hisconduct in the discharge ofhis public functions wheninstituted upon acomplaint made by thePublic Prosecutor.
Sale of printed or engraved
substance containingdefamatory matter,knowing it to contain suchmatter in any other case.
357 Being bound to attend on
or supply the wants of aperson who is helplessfrom youth, unsoundnessof mind or disease, andvoluntarily omitting to doso.Simple imprisonment for2 years, or fine, or both.
Simple imprisonment for
2 years, or fine, or both.
Simple imprisonment for
2 years, or fine, or both.
Simple imprisonment for
2 years, or fine, or both.
Imprisonment for 3
months, or fine of 5,000rupees, or both.Non-cognizable. Bailable. Court of Session.
Non-cognizable. Bailable. Magistrate of the firstclass.
Non-cognizable. Bailable. Court of Session.
Non-cognizable. Bailable. Magistrate of the firstclass.
Non-cognizable. Bailable. Any Magistrate.
II.—CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS
Offence Cognizable or Bailable or By what court
non-cognizable. non-bailable. triable.
12 3 4
Cognizable. Non-bailable. Court of Session.
Cogn izable. Non-bailable. Magistrate of
the first class.If punishable with death, imprisonment for life, or imprisonment
for more than 7 years.
If punishable with imprisonment for 3 years and upwards but not more
than 7 years.
If punishable with imprisonment for less than 3 years or with fine o
nly. Non-cognizable. Bailable. Any Magistrate.
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THE SECOND SCHEDULE
(See section 522)
FORM No.1
NOTICE FOR APPEARANCE BY THE POLICE
[See section 35(3 )]
Serial No……. Police Station………
To,
.................................[Name of the Accused/Noticee].................................[Last known Address].................................[Phone No./Email ID (if any)]
In pursuance of sub-section ( 3) of section 35 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, I hereby inform you that during the investigation of FIR/
Case No ………………….. dated …………… u/s ………………………………… registered at
Police Station ……………………………………………..., it is revealed that there are reasonablegrounds to question you to ascertain facts and circumstances from you, in relation to the
present investigation. Hence you are directed to appear before me at ………..........…… AM/
PM on……………………... at
Police Station.
Name and Designation of the Officer In charge
(Seal)
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FORM No. 2
SUMMONS TO AN ACCUSED PERSON
(See section 63)
To..............................................( name of accused ) of ..............................................( address )
WHEREAS your attendance is necessary to answer to a charge of..........................................
..............................................( state shortly the offence charged ), you are hereby required to
appear in person ( or by an advocate, before the ( Magistrate ) of..............................................,
on the..............................................day............................................... Herein fail not.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 3
WARRANT OF ARREST
(See section 72)
To .............................................. (name and designation of the person or persons who is or
are to execute the warrant ).
WHEREAS (name of accused ) of ( address ) stands charged with the offence of
...................................................... ( state the offence ), you are hereby directed to arrest the said
......................................................, and to produce him before me. Herein fail not.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
(See section 73)
This warrant may be endorsed as follows:—
If the said.............................................................. shall give bail himself in the sum of
rupees.............................................. with one surety in the sum of rupees...................................... ........
(or two sureties each in the sum of rupees.............................................. ) to attend before me on
the.............................................. day of.............................................. and to continue so to at tend
until otherwise directed by me, he may be released.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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FORM No. 4
BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
(See section 83)
I, ............................................................( name ), of..........................................................., being
brought before the District Magistrate of...........................................................( or as the case
may be ) under a warrant issued to compel my appearance to answer to the charge
of..........................................................., do hereby bind myself to attend in the Court
of.................................................................on the..................................day of...........................................................next, to answer to the said charge, and to continue so toattend until otherwise directed by the Court; and, in case of my making default herein, I bind
myself to forfeit, to Government, the sum of rupees................................................. .
Dated, this.............................................. day of.............................................. , 20 ............... .
(Signature )
I do hereby declare myself surety for the above-named..............................................
of.......................................................... that he shall attend before in the Court ofon the.............................................. day of.............................................. next, to answer to th e
charge on which he has been arrested, and shall continue so to attend until otherwisedirected by the Court; and, in case of his making default therein, I bind myself to forfeit, to
Government, the sum of rupees............................................................. .
Dated, this.............................................. day of.............................................. , 20 ........... .. .
(Signature )
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FORM No. 5
PROCLAMA TION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
(See section 84)
WHEREAS a complaint has been made before me that................................................... ( name,
description and address) has committed ( or is suspected to have committed) the offence of
.............................................. , punishable under section..............................................
of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereuponissued that the said.............................................. ( name ) cannot be found, and whereas it has
been shown to my satisfaction that the said.............................................. ( name ) has absconded
(or is concealing himself to avoid the service of the said warranty);
Proclamation is hereby made that the said..............................................
of.............................................. is required to appear at.............................................. ( place ) before
this Court ( or before me) to answer the said complaint on the.............................................. day
of..............................................
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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FORM No. 6
PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS
(See sections 84, 90 and 93)
WHEREAS complaint has been made before me that..............................................( name,
description and address) has committed ( or is suspected to have committed) the offence of
..............................................( mention the offence concisely ) and a warrant has been
issued to compel the attendance of..............................................( name, description and
address of the witness ) before this Court to be examined touching the
matter of the said complaint; and whereas it has been returned to the said warrant that the
said..............................................( name of witness ) cannot be served, and it has been shown to
my satisfaction that he has absconded ( or is concealing himself to avoid the service of the
said warrant);
Proclamation is hereby made that the said..............................................(name
) is required
to appear at..............................................( place ) before the Court..............................................on
the........................................day of.........................................next at................. ............. ................o'clock
to be examined touching..............................................the offence complained of.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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FORM No. 7
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS
(See section 85)
To the officer in charge of the police station at..............................................
WHEREAS a warrant has been duly issued to compel the attendance
of..............................................( name, description and address ) to testify concerning a complaint
pending before this Court, and it has been returned to the said warrant that it cannot be
served; and whereas it has been shown to my satisfaction that he has absconded ( or is
concealing himself to avoid the service of the said warrant); and thereupon a Proclamationhas been or is being duly issued and published requiring the said..............................................toappear and give evidence at the time and place mentioned therein;
This is to authorise and require you to attach by seizure the movable property belonging
to the said..............................................to the value of rupees..............................................wh ich
you may find within the District..............................................of..............................................a nd
to hold the said property under attachment pending the further order of this Court, and toreturn this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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FORM No. 8
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED
(See section 85)
To..............................................( name and designation of the person or persons who is or are
to execute the warrant ).
WHEREAS complaint has been made before me that..............................................( name,
description and address ) has committed ( or is suspected to have committed) the
offence of..............................................punishable under section..............................................o f
the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon
issued that the said..............................................( name ) cannot be found; and whereas it has
been shown to my satisfaction that the said..............................................( name ) has absconded
(or is concealing himself to avoid the service of the said warrant) and thereupon a
Proclamation has been or is being duly issued and published requiring thesaid..............................................to appear to answer the said chargewithin..............................................days; and whereas the said..............................................ispossessed of the following property, other than land paying revenue to Government, in thevillage ( or town), of.............................................., in the District of ..............................................,
viz.,.............................................., and an order has been made for the attachment thereof;
You are hereby required to attach the said property in the manner specified in
clause ( a), or clause ( c), or both*, of sub-section ( 3) of section 85, and to hold the same under
attachment pending further order of this Court, and to return this warrant with an endorsementcertifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
*Strike out the one which is not applicable, depending on the nature of the property to be attached.
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FORM No. 9
ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE
OR COLLECTOR
(See section 85)
To the District Magistrate/Collector of the District of..............................................
WHEREAS complaint has been made before me that..............................................
(name, description and address ) has committed ( or is suspected to have committed) the
offence of .............................................., punishable under section............................................ ..of
the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon
issued that the said..............................................( name ) cannot be found; and whereas it has
been shown to my satisfaction that the said..............................................( name ) has absconded
(or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation
has been or is being duly issued and published requiring the said .......................................(name ) to appear to answer the said charge within.........................................days; and whereas
the said..............................................is possessed of certain land paying revenue to Governmentin the village ( or town ) of.............................................., in the District of..............................................;
You are hereby authorised and requested to cause the said land to be attached, in the
manner specified in clause ( a), or clause ( c), or both*, of sub-section (4 ) of section 85, and to
be held under attachment pending the further order of this Court, and to certify without delaywhat you may have done in pursuance of this order.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
*Strike out the one which is not desired.
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FORM No. 10
WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
(See section 90)
To..............................................( name and designation of the police officer or other person or
persons who is or are to execute the warrant ).
WHEREAS complaint has been made before me that..............................................( name
and description of accused ) of..............................................( address ) has ( or is suspected to
have) committed the offence of ..............................................( mention the offence concisely ),
and it appears likely that..............................................( name and description of witness ) can
give evidence concerning the said complaint, and whereas I have good and sufficient reason
to believe that he will not attend as a witness on the hearing of the said complaint unlesscompelled to do so;
This is to authorise and require you to arrest the said..............................................( name
of witness ), and on the..............................................day of..............................................to bring
him before this Court.............................................., to be examined touching the offencecomplained of.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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FORM No. 11
WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE
(See section 96)
To..............................................( name and designation of the police officer or other person or
persons who is or are to execute the warrant ).
WHEREAS information has been laid..............................................( or complaint has been
made ) before me of the commission..............................................( or suspected commission) of
the offence of..............................................( mention the offence concisely ), and it has been
made to appear to me that the production of ..............................................(specify the thing
clearly ) is essential to the inquiry now being made ( or about to be made) into the said
offence ( or suspected offence);
This is to authorise and require you to search for the said..............................................( the
thing specified ) in the..............................................( describe the house or place or part thereof
to which the search is to be confined ), and, if found, to produce the same forthwith before
this Court, returning this warrant, with an endorsement certifying what you have done underit, immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 12
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
(See section 97)
To..............................................
(name and designation of the police officer above the rank of a constable ).
WHEREAS information has been laid before me, and on due inquiry thereupon had, I
have been led to believe that the..............................................( describe the house or other
place ) is used as a place for the deposit ( or sale) of stolen property ( or if for either of the
other purposes expressed in the section, state the purpose in the words of the section );
This is to authorise and require you to enter the said house ( or other place ) with such
assistance as shall be required, and to use, if necessary, reasonable force for that purpose,
and to search every part of the said house ( or other place, or if the search is to be confined
to a part, specify the part clearly ), and to seize and take possession of any property (or
documents, or stamps, or seals, or coins, or obscene objects, as the case may be ) (add,
when the case requires it ) and also of any instruments and materials which you may reasonably
believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false
seals, or counterfeit coins or counterfeit currency notes ( as the case may be), and forthwith
to bring before this Court such of the said things as may be taken possession of, returningthis warrant, with an endorsement certifying what you have done under it, immediately uponits execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 13
BOND TO KEEP THE PEACE
(See sections 125 and 126)
WHEREAS I,.................................................................( name ), inhabitant of
..............................................( place ), have been called upon to enter into a bond to keep the
peace for the term of..............................................or until the completion of the inquiry in the
matter of..............................................now pending in the Court of.............................................., Ihereby bind myself not to commit a breach of the peace, or do any act that may probablyoccasion a breach of the peace, during the said term or until the completion of the saidinquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government,the sum of rupees.............................................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Signature )
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FORM No. 14
BOND FOR GOOD BEHA VIOUR
(See sections 127, 128 and 129)
WHEREAS I,......................................................................( name ), inhabitant
of..............................................( place ), have been called upon to enter into a bond to be of
good behaviour to Government and all the citizens of India for the term of
..............................................( state the period ) or until the completion of the inquiry in the
matter of .............................................. now pending in the Court of ......................................... .....,
I hereby bind myself to be of good behaviour to Government and all the citizens of Indiaduring the said term or until the completion of the said inquiry; and, in case of my makingdefault therein, I hereby bind myself to forfeit to Government the sum of rupees...................
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court )( Signature )
(Where a bond with sureties is to be executed, add )
We do hereby declare ourselves sureties for the above-named........................................that
he will be of good behaviour to Government and all the citizens of India during the said termor until the completion of the said inquiry; and, in case of his making default therein, we bindourselves, jointly and severally, to forfeit to Government the sum of rupees.................................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )
(Signature )
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FORM No. 15
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE
(See section 132)
To..............................................of..............................................
WHEREAS it has been made to appear to me by credible information that................................
(state the substance of the information ), and that you are likely to commit a breach of the
peace (or by which act a breach of the peace will probably be occasioned), you are hereby
required to attend in person ( or by a duly authorised agent) at the office of the Magistrate
of..............................................on the ..............................................day of
..............................................20..........., at ten o'clock in the forenoon, to show cause why youshould not be required to enter into a bond for rupees..............................................[ when sureties
are required, add, and also to give security by the bond of one ( or two, as the case may be )
surety ( or sureties ) in the sum of rupees..............................................( each if more than one )],
that you will keep the peace for the term of..............................................
Dated, this.............................................. day of.............................................. , 20 ........... .
(Seal of the Court )( Signature )
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FORM No. 16
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE
(See section 141)
To the Officer in charge of the Jail at..............................................
WHEREAS ..............................................( name and address) appeared before me in person
(or by his authorised agent) on the..............................................day of........................................... ...
in obedience to a summons calling upon him to show cause why he should not enter into a
bond for rupees..............................................with one surety ( or a bond with two sureties each
in rupees..............................................), that he, the said..............................................( name ) would
keep the peace for the period of months; and whereas an order was then made requiring thesaid..............................................( name ) to enter into and find such security.........................................
(state the security ordered when it differs from that mentioned in the summons ), and he has
failed to comply with the said order;
This is to authorise and require you to receive the said..............................................( name )
into your custody, together with this warrant, and him safely to keep in the said Jailfor the said period of..............................................( term of imprisonment ) unless he shall in
the meantime be lawfully ordered to be released, and to return this warrant with an endorsementcertifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... .
(Seal of the Court )( Signature )
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FORM No. 17
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR
(See section 141)
To the Officer in charge of the Jail at..............................................
WHEREAS it has been made to appear to me that ..............................................
(name and description ) has been concealing his presence within the district of
.............................................. and that there is reason to believe that he is doing so with a view
to committing a cognizable offence;
or
WHEREAS evidence of the general character of..............................................( name
and description ) has been adduced before me and recorded, from which it appears that he is
an habitual robber ( or house-breaker, etc., as the case may be );
AND WHEREAS an order has been recorded stating the same and requiring the said
(name ) to furnish security for his good behaviour for the term of (state the period ) by
entering into a bond with one surety ( or two or more sureties, as the case may be ), himself for
rupees.............................................. and the said surety (or each of the said sureties)rupees ..............................................and the said..............................................( name ) has failed to
comply with the said order and for such default has been adjudged imprisonment for (statethe term) unless the said security be sooner furnished;
This is to authorise and require you receive the said..............................................( name )
into your custody, together with this warrant and him safely to keep in the Jail, or if he isalready in prison, be detained therein, for the said period of (term of imprisonment) unless heshall in the meantime be lawfully ordered to be released, and to return this warrant with anendorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... .
(Seal of the Court )( Signature )
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FORM No. 18
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
(See sections 141 and 142)
To the Officer in charge of the Jail at..............................................( or other officer in whose
custody the person is ).
WHEREAS ..............................................( name and description of prisoner ) was committed
to your custody under warrant of the Court, dated the..............................................
day of ..............................................20..............................................; and has since duly give n
security under section .............................................. of the Bharatiya Nagarik SurakshaSanhita, 2023.
or
W
HEREAS ..............................................( name and description of prisoner ) was committed
to your custody under warrant of the Court, dated the.........................................................day of ..............................................20.................; and there have appeared to me sufficientgrounds for the opinion that he can be released without hazard to the community;
This is to authorise and require you forthwith to discharge the said
.............................................. ( name ) from your custody unless he is liable to be detained for
some other cause.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 19
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE
(See section 144)
To the Officer in charge of the Jail at..............................................
WHEREAS ..............................................( name, description and address ) has
been proved before me to be possessed of sufficient means to maintain his wife
..............................................( name ) [or his child..............................................( name ) or his father
or mother..............................................( name ), who is by reason of ( state the reason ) unable to
maintain herself ( or himself )] and to have neglected ( or refused ) to do so, and an order has
been duly made requiring the said......................................................( name ) to allow to his said
..............................................wife ( or child or father or mother) for maintenance the monthly
sum of rupees..............................................; and whereas it has been further proved that thesaid..............................................( name ) in wilful disregard of the said order has failed to pay
rupees.............................................., being the amount of the allowance for the month ( or months)
of..............................................;
And thereupon an order was made adjudging him to undergo imprisonment in the said
Jail for the period of..............................................;
This is to authorise and require you receive the said..............................................( name )
into your custody in the said Jail, together with this warrant, and there carry the said orderinto execution according to law, returning this warrant with an endorsement certifying themanner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 20
WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE
(See section 144)
To............................................................................................................................. ................. ..........
(name and designation of the police officer or other person to execute the warrant ).
WHEREAS an order has been duly made requiring..............................................( name ) to
allow to his said wife ( or child or father or mother) for maintenance the monthly sum of
rupees.............................................., and whereas the said..............................................( name ) in
wilful disregard of the said order has failed to pay rupees.............................................., being
the amount of the allowance for the month (or months) of..............................................
This is to authorise and require you to attach any movable property belonging
to the said..............................................( name ) which may be found within the district
of.............................................., and if within..............................................(s tate the number of days
or hours allowed) next after such attachment the said sum shall not be paid ( or forthwith), to
sell the movable property attached, or so much thereof as shall be sufficient to satisfy thesaid sum, returning this warrant, with an endorsement certifying what you have done underit, immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 21
ORDER FOR THE REMOVAL OF NUISANCES
(See section 152)
To..............................................( name, description and address ).
WHEREAS it has been made to appear to me that you have caused an
obstruction ( or nuisance) to persons using the public roadway (or other public place) which,
etc., ( describe the road or public place ) ........................................................... by, etc.,
..............................................( state what it is that causes the obstruction or nuisance ), and
that such obstruction ( or nuisance) still exists;
or
WHEREAS it has been made to appear to me that you are carrying on, as owner, or
manager, the trade or occupation of ..............................................( state the particular trade or
occupation and the place where it is carried on ), and that the same is injurious to the public
health ( or comfort) by reason..............................................( state briefly in what manner the
injurious effects are caused ), and should be suppressed or removed to different place;
or
WHEREAS it has been made to appear to me that you are the owner ( or are in possession
of or have the control over) a certain tank ( or well or excavation) adjacent to the public way
..............................................(describe the thoroughfare), and that the safety of the public is
endangered by reason of the said tank (or well or excavation) being without a fence
(or insecurely fenced);
or
WHEREAS , etc., etc., ( as the case may be);
I do hereby direct and require you within..............................................( state the time
allowed ) (state what is required to be done to abate the nuisance ) .............................................
or to appear at..............................................in the ............................................. Court
of..............................................on the ..............................................dayof..............................................next, and to show cause why this order should not be enforced;
or
I do hereby direct and require you within..............................................( state the time
allowed) to cease carrying on the said trade or occupation at the said place, and not again tocarry on the same, or to remove the said trade from the place where it is now carried on, or toappear, etc.;
or
I do hereby direct and require you within..............................................( state the time
allowed) to put up a sufficient fence ( state the kind of fence and the part to be fenced); or to
appear, etc.;
or
I do hereby direct and require you, etc., etc. ( as the case may be ).
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 22
MAGISTRATE 'S NOTICE AND PEREMPTORY ORDER
(See section 160)
To..............................................( name, description and address ).
I HEREBY give you notice that it has been found that the order issued on the
..............................................day of..............................................requiring you
..............................................( state substantially the requisition in the order ) is reasonable
and proper. Such order has been made absolute, and I hereby direct and require you to obeythe said order within ( state the time allowed ), on peril of the penalty provided by the
Bharatiya Nyaya Sanhita, 2023 for disobedience thereto.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 23
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY
(See section 161)
To..............................................( name, description and address ).
WHEREAS the inquiry into the conditional order issued by me on
the..............................................day of .............................................., 20..................... .........................,
is pending, and it has been made to appear to me that the nuisance mentioned in the said
order is attended with such imminent danger or injury of a serious kind to the public as torender necessary immediate measures to prevent such danger or injury, I do hereby, underthe provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct andenjoin you forthwith to .............................................. ( state plainly what is required to be done
as a temporary safeguard ), pending the result of the inquiry.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 24
MAGISTRATE 'S ORDER PROHIBITING THE REPETITION , ETC., OF A NUISANCE
(See section 162)
To..............................................( name, description and address ).
WHEREAS it has been made to appear to me that, etc. ..............................................( state
the proper recital, guided by Form No. 21 or Form No. 25, as the case may be );
I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 25
MAGISTRATE 'S ORDER TO PREVENT OBSTRUCTION , RIOT, ETC.
(See section 163)
To..............................................( name, description and address ).
WHEREAS it has been made to appear to me that you are in possession ( or have the
management) of ..............................................( describe clearly the property ), and that, in digging
a drain on the said land, you are about to throw or place a portion of the earth and stones
dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons
using the road;
or
WHEREAS it has been made to appear to me that you and a number of other persons
(mention the class of persons ) are about to meet and proceed in a procession along the
public street, etc., ( as the case may be ) and that such procession is likely to lead to a riot or
an affray;
or
WHEREAS, etc., etc., (as the case may be);
I do hereby order you not to place or permit to be placed any of the earth or stones
dug from land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly
warn and enjoin you not to take any part in such procession (or as the case recited may
require).
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 26
MAGISTRATE 'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND , ETC., IN
DISPUTE
(See section 164)
It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach
of the peace, existed between..............................................( describe the parties by name and
residence or residence only if the dispute be between bodies of villagers ) concerning
certain..............................................( state concisely the subject of dispute ), situate within my
local jurisdiction, all the said parties were called upon to give in a written statement of their
respective claims as to the fact of actual possession of the said..............................................( the
subject of dispute ), and being satisfied by due inquiry had thereupon, without reference to
the merits of the claim of either of the said parties to the legal right of possession, that theclaim of actual possession by the said..............................................( name or names or
description ) is true; I do decide and declare that he is ( or they are) in possession of the
said..............................................( the subject of dispute ) and entitled to retain such possession
until ousted by due course of law, and do strictly forbid any disturbance of his ( or their)
possession in the meantime.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 27
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF
LAND , ETC.
(See section 165)
To the officer in charge of the police station at..............................................
(or, To the Collector of..............................................).
WHEREAS it has been made to appear to me that a dispute likely to induce a breach of
the peace, existed between..............................................( describe the parties concerned by
name and residence, or residence only if the dispute be between bodies of villagers )
concerning certain..............................................( state concisely the subject of dispute )
situate within the limits of my jurisdiction, and the said parties were thereupon duly called
upon to state in writing their respective claims as to the fact of actual possession of the said..............................................(the subject of dispute ), and whereas, upon due inquiry into the
said claims, I have decided that neither of the said parties was in possession of thesaid..............................................( the subject of dispute ) (or I am unable to satisfy myself as to
which of the said parties was in possession as aforesaid);
This is to authorise and require you to attach the said..............................................( the
subject of dispute ) by taking and keeping possession thereof, and to hold the same under
attachment until the decree or order of a competent Court determining the rights of theparties, or the claim to possession, shall have been obtained, and to return this warrant withan endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 28
MAGISTRATE 'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER
(See section 166)
A dispute having arisen concerning the right of use of..............................................( state
concisely the subject of dispute) situate within my local jurisdiction, the possession of which
land ( or water) is claimed exclusively by..............................................( describe the person or
persons ), and it appears to me, on due inquiry into the same, that the said land ( or water) has
been open to the enjoyment of such use by the public ( or if by an individual or a class of
persons, describe him or them) and (if the use can be enjoyed throughout the year ) that the
said use has been enjoyed within three months of the institution of the said inquiry ( or if the
use is enjoyable only at a particular season, say, "during the last of the seasons at which the
same is capable of being enjoyed");
I do order that the said..............................................( the claimant or claimants of
possession) or any one in their interest, shall not take ( or retain) possession of the said land
(or water) to the exclusion of the enjoyment of the right of use aforesaid, until he ( or they)
shall obtain the decree or order of a competent Court adjudging him ( or them) to be entitled
to exclusive possession.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 29
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER
(See section 189)
I,..............................................( name ), of.............................................., being charged with
the offence of.............................................., and after inquiry required to appear before the
Magistrate of..............................................
or
and after inquiry called upon to enter into my own recognizance to appear when
required, do hereby bind myself to appear at.............................................., in the Court
of........................................., on the..............................................day of........................ ......................next
(or on such day as I may hereafter be required to attend) to answer further to the said charge,
and in case of my making default herein. I bind myself to forfeit to Government, the sum ofrupees..............................................;
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
I hereby declare myself ( or we jointly and severally declare ourselves and each of us)
surety ( or sureties ) for the above said .............................................. ( name ) that he shall attend
at..............................................in the Court of.............................................., onthe..............................................day of..............................................next ( or on such day as he
may hereafter be required to attend), further to answer to the charge pending against him,
and, in case of his making default therein, I hereby bind myself ( or we hereby bind ourselves)
to forfeit to Government the sum of rupees.....................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 30
BOND TO PROSECUTE OR GIVE EVIDENCE
(See section 190)
I,..............................................( name ) of ............................................. ( place ), do hereby bind
myself to attend at.................................................in the Court of............................................ ........
at..............................................o'clock on the..............................................day
of..............................................next and then and there to prosecute ( or to prosecute and give
evidence) ( or to give evidence) in the matter of a charge of..............................................against
one A. B., and, in case of making default herein, I bind myself to forfeit to Government thesum of rupees..................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Signature )
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FORM No. 31
SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE
(See section 229)
To, .......................................................................................................
(Name of the accused )
of..............................................( address )
WHEREAS your attendance is necessary to answer a charge of a petty offence
..............................................( state shortly the offence charged ), you are hereby required to
appear in person (or by an advocate) before..............................................( Magistrate )
of..............................................on the..............................................day of..................... .........................
20.............................................., or if you desire to plead guilty to the charge without appearing
before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing andthe sum of ............................ rupees as fine, or if you desire to appear by an advocate and toplead guilty through such an advocate, to authorise such advocate in writing to make sucha plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
(Note. —The amount of fine specified in this summons shall not exceed five thousand rupees.)
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FORM No. 32
NOTICE
OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR
(See section 232)
The Magistrate of..............................................hereby gives notice that he has committed
one..............................................for trial at the next Sessions; and the Magistrate hereby instructs
the Public Prosecutor to conduct the prosecution of the said case.
The charge against the accused is that,.............................................. etc. (state the offence
as in the charge)
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 33
CHARGES
(See sections 234, 235 and 236)
I.
CHARGES WITH ONE-HEAD
(1)(a) I,..............................................(name and office of Magistrate, etc. ), hereby charge
you..............................................( name of accused person ) as follows:—
(b) On section 147.—That you, on or about the..............................................day
of.............................................., at.............................................., waged war against the Gover nment
of India and thereby committed an offence punishable under section 147 of the Bharatiya
Nyaya Sanhita, 2023 and within the cognizance of this Court.
(c) And I hereby direct that you be tried by this Court on the said charge.
(Signature and seal of the Magistrate )
[To be substituted for (b)]:—
(2)On section 151.—That you, on or about the..............................................day
of.............................................., at.............................................., with the intention of inducing thePresident of India [ or, as the case may be , the Governor of ..............................................( name
of State)] to refrain from exercising a lawful power as such President ( or, as the case may be,
the Government) assaulted President ( or, as the case may be, the Governor), and thereby
committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023,and within the cognizance of this Court.
(3)On section 198.—That you, on or about the..............................................day
of.............................................., at.............................................., did ( or omitted to do, as the case
may be ) ............................................. , such conduct being contrary to the provisions
of..............................................Act .............................................., section.................... ..........................,
and known by you to be prejudicial to.............................................., and thereby committed anoffence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within thecognizance of this Court.
(4)On section 229.—That you, on or about the..............................................day
of.............................................., at.............................................., in the course of the trial of
..............................................before.............................................., stated in evidence that“..............................................” which statement you either knew or believed to be false, or didnot believe to be true, and thereby committed an offence punishable under section 229 of theBharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(5)On section 105.—That you, on or about the..............................................day
of.............................................., at.............................................., committed culpable homicide notamounting to murder, causing the death of.............................................., and thereby committedan offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and withinthe cognizance of this Court.
(6)On section 108.—That you, on or about the..............................................day
of......................................................, at.......................................................,abetted the commission of suicide by A.B., a person in a state of intoxication, and therebycommitted an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023,and within the cognizance of this Court.
(7)On section 117( 2).—That you, on or about the..............................................day
of.............................................., at.............................................., voluntarily caused grievous hurt
to..................................., and thereby committed an offence punishable under section 117( 2)
of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
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(8)On section 309( 2).—That you, on or about the..............................................day
of.............................................., at.............................................., robbed..................... .........................
(state the name), and thereby committed an offence punishable under section 309( 2) of the
Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(9)On section 310( 2).—That you, on or about the..............................................day
of.............................................., at.............................................., committed dacoity, an offen ce
punishable under section 310( 2) of the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of this Court.
II. CHARGES WITH TWO OR MORE HEADS
(1)(a) I,..............................................(name and office of Magistrate, etc. ), hereby charge
you..............................................( name of accused person ) as follows:—
(b) On section 179.— First —That you, on or about the..............................................day
of.............................................., at.............................................., knowing a coin to be counte rfeit,
delivered the same to another person, by name, A. B., as genuine, and thereby committed an
offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of the Court of Session.
Secondly—That you, on or about the...............................................................day
of.............................................., at.............................................., knowing a coin to be counte rfeit
attempted to induce another person, by name, A.B., to receive it as genuine, and thereby
committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023and within the cognizance of the Court of Session.
(c) And I hereby direct that you be tried by the said Court on the said charge.
(Signature and seal of the Magistrate )
[To be substituted for (b)]:—
(2)On sections 103 and 105.— First —That you, on or about the.....................................
day of.............................................., at.............................................., committed murder by cau sing
the death of.............................................., and thereby committed an offence punishable undersection 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court ofSession.
Secondly—That you, on or about the......................................day of........................................,
at.............................................., by causing the death of.............................................., commit ted
culpable homicide not amounting to murder, and thereby committed an offence punishableunder section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of theCourt of Session.
(3)On sections 303( 2) and 307.— First—That you, on or about the.....................................
day of................................, at......, committed theft, and thereby committed an offence punishable
under section 303( 2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the
Court of Session.
Secondly—That you, on or about the...............................................................day
of.............................................., at.............................................., committed theft, having ma de
preparation for causing death to a person in order to the committing of such theft, and
thereby committed an offence punishable under section 307 of the Bharatiya Nyaya
Sanhita, 2023 and within the cognizance of the Court of Session.
Thirdly —That you, on or about the........................................................................day
of.............................................., at.............................................., committed theft, having madepreparation for causing restraint to a person in order to the effecting of your escape after the223
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committing of such theft, and thereby committed an offence punishable under section 307 of
the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.
Fourthly —That you, on or about the.................................................................day
of.............................................., at.............................................., committed theft, having madepreparation for causing fear of hurt to a person in order to the restraining of property takenby such theft and thereby committed an offence punishable under section 307 of the BharatiyaNyaya Sanhita, 2023 and within the cognizance of the Court of Session.
(4)Alternative charge on section 229.—That you, on or about the......................................
day of......................................., at......................................., in the course of the inquiryinto.............................................., before.............................................., stated in evidence th at
‘‘..............................................’’, and that you, on or about the..............................................day of.............................................., at.............................................., in the course of the trial of ,
....................................... before, stated in the evidence that ‘‘..............................................’’, one
of which statements you either knew or believed to be false, did not believe to be
true, and thereby committed an offence punishable under section 229 of the Bharatiya
Nyaya Sanhita,
2023 and within the cognizance of the Court of Session.
(In cases tried by Magistrates substitute ‘ ‘within my cognizance ’’ for ‘‘within the cognizance
of the Court of Session’’.)
III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION
I,..................................................( name and office of Magistrate, etc. ) hereby charge you
..............................................(name of accused person) as follows:—
That you, on or about the..............................................day of..............................................,
at.............................................., committed theft, and thereby committed an offence punishableunder section 303( 2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the
Court of Session (or Magistrate, as the case may be ).
And you, the said ................................................................(name of accused ), stand further
charged that you, before the committing of the said offence, that is to say, onthe...................................................... day of.............................................., had been convicted bythe..................................................( state Court by which conviction was had )
at..............................................of an offence punishable under Chapter XVII of the BharatiyaNyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence ofhouse-breaking by night..............................................( describe the offence in the words used
in the section under which the accused was convicted ), which conviction is still in full force
and effect, and that you are thereby liable to enhanced punishment under section 13 of theBharatiya Nyaya Sanhita, 2023.
And I hereby direct that you be tried, etc.
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FORM No. 34
SUMMONS TO WITNESS
(See sections 63 and 267)
To..............................................of..............................................
WHEREAS complaint has been made before me that..............................................( name of
the accused ) of ..............................................(address) has ( or is suspected to have)
committed the offence of..............................................( state the offence concisely with time
and place), and it appears to me that you are likely to give material evidence or to produce
any document or other thing for the prosecution.
You are hereby summoned to appear before this Court on the..............................................
day of..............................................next at ten o'clock in the forenoon, to produce such documentor thing or to testify what you know concerning the matter of the said complaint, and not todepart thence without leave of the Court; and you are hereby warned that, if you shallwithout just excuse neglect or refuse to appear on the said date, a warrant will be issued tocompel your attendance.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 35
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR
FINE IF PASSED BY A COURT
(See sections 258, 271 and 278)
To the Officer in charge of Jail at..............................................
WHEREAS on the..............................................day of ..............................................,
..............................................( name of the prisoner), the (1st, 2nd, 3rd, as the case may be )
prisoner in case No. ..............................................of the Calendar for 20 ........... ,
was convicted before me..............................................(name and official designation ) of the
offence of..............................................( mention the offence or offences concisely ) under section
(or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 ( or
of..............................................Act ...........), and was sentenced to......................................... .....(state
the punishment fully and distinctly ).
This is to authorise and require you to receive the said..............................................
(prisoner's name ) into your custody in the said Jail, together with this warrant, and thereby
carry the aforesaid sentence into execution according to law.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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FORM No. 36
WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION
(See section 273)
To the Officer in charge of Jail at..............................................
WHEREAS ..............................................( name and description ) has brought
against..............................................( name and description of the accused person ) the complaint
that..............................................( mention it concisely ) and the same has been dismissed on
the ground that there was no reasonable ground for making the accusation against the
said..............................................( name ) and the order of dismissal awards payment by the
said..............................................( name of complainant ) of the sum of
rupees..............................................as compensation; and whereas the said sum has not beenpaid and an order has been made for his simple imprisonment in Jail for the periodof..............................................days, unless the aforesaid sum be sooner paid;
This is to authorise and require you to receive the said..............................................( name )
into your custody, together with this warrant, and him safely to keep in the said Jail for thesaid period of .......................................................................( term of imprisonment ), subject to
the provisions of section 8( 6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum
be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning thiswarrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 37
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO
CHARGE OF OFFENCE
(See section 302)
To the Officer in charge of Jail at..............................................
WHEREAS the attendance of..............................................( name of prisoner) at present
confined/detained in the above-mentioned prison, is required in this Court to answer to a
charge of..............................................( state shortly the offence charged ) or for the purpose of
a proceeding..............................................( state shortly the particulars of the proceeding ).
You are hereby required to produce the said..............................................under safe and
sure conduct before this Court at..............................................on the.......................................... ....day
of.............................................., 20......... , by..............................................A. M. there to answer tothe said charge, or for the purpose of the said proceeding, and after this Court has dispensedwith his further attendance, cause him to be conveyed under safe and sure conduct back tothe said prison.
And you are further required to inform the said..............................................of the contents
of this order and deliver to him the attached copy thereof.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
Countersigned.
(Seal)( Signature )
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FORM No. 38
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE
(See section 302)
To the Officer in charge of the Jail at..............................................
WHEREAS complaint has been made before this Court that..............................................
(name of the accused ) of has committed the offence of..............................................( state offence
concisely with time and place ) and it appears that..............................................( name of prisoner )
at present confined/detained in the above-mentioned prison, is likely to give material evidence
for the prosecution/defence.
You are hereby required to produce the said..............................................under safe and
sure conduct before this Court at..............................................on the.......................................... ....day
of.............................................., 20............, by A. M. there to give evidence in the matter nowpending before this Court, and after this Court has dispensed with his further attendance,cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said..............................................of the contents
of this order and deliver to him the attached copy thereof.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
Countersigned.
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FORM No. 39
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED
(See section 384)
To the Officer in charge of the Jail at..............................................
WHEREAS at a Court held before me on this day..............................................( name and
description of the offender ) in the presence ( or view ) of the Court committed wilful contempt.
And whereas for such contempt the said..............................................( name of the offender )
has been adjudged by the Court to pay a fine of rupees.............................................., or in
default to suffer simple imprisonment for the period of..............................................( state the
number of months or days).
This is to authorise and require you to receive the said..............................................( name
of the offender ) into your custody, together with this warrant, and him safely to keep in the
said Jail for the said period of..............................................( term of imprisonment ), unless the
said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returningthis warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
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FORM No. 40
MAGISTRATE 'S OR JUDGE 'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR
TO PRODUCE DOCUMENT
(See section 388)
To..............................................
(name and designation of officer of Court )
WHEREAS ..............................................( name and description ), being summoned (or
brought before this Court) as a witness and this day required to give evidence on an inquiry
into an alleged offence, refused to answer a certain question ( or certain questions) put to him
touching the said alleged offence, and duly recorded, or having been called upon to produceany document has refused to produce such document, without alleging any just excuse forsuch refusal, and for his refusal has been ordered to be detained in custodyfor..............................................(term of detention adjudged );
This is to authorise and require you to take the said..............................................( name )
into custody, and him safely to keep in your custody for the periodof..............................................days, unless in the meantime he shall consent to be examinedand to answer the questions asked of him, or to produce the document called for from him,and on the last of the said days, or forthwith on such consent being known, to bring himbefore this Court to be dealt with according to law, returning this warrant with an endorsementcertifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 41
WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
(See section 407)
To the Officer in charge of the Jail at..............................................
WHEREAS at the session held before me on the..............................................day
of.............................................., 20..............................................,............................ ..................(name
of prisoner ), the (1st, 2nd, 3rd, as the case may be ), prisoner in case No. ................. of the
Calendar for 20.............. at the said Session, was duly convicted of the offence of culpable
homicide amounting to murder under section ..............................................of the BharatiyaNyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentenceby the..............................................Court of................................................................... .....
This is to authorise and require you to receive the said..............................................
(prisoner's name ) into your custody in the said Jail, together with this warrant, and him there
safely to keep until you shall receive the further warrant or order of this Court, carrying intoeffect the order of the said .......................................................................Court.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 42
WARRANT AFTER A COMMUTATION OF A SENTENCE
(See sections 427, 453 and 456)
To the Officer in charge of the Jail at..............................................
WHEREAS at a Session held on the................................................................day
of.............................................., 20.......... , ..............................................( name of the prisoner ), the
(1st, 2nd, 3rd, as the case may be ), prisoner in case No. ............ of the Calendar for 20.......... ,
at the said Session, was convicted of the offence of.............................................. , punishable
under section..............................................of the Bharatiya Nyaya Sanhita, 2023, and wassentenced to..................... and thereupon committed to your custody; and whereas by theorder of the .............................................. Court of ............................................. order ofthe .............................................(a duplicate of which is hereunto annexed) the punishmentadjudged by the said sentence has been commuted to the punishment of imprisonment forlife;
This is to authorise and require you safely to keep the said..............................................
(prisoner's name ) in your custody in the said Jail, as by law is required, until he shall be
delivered over by you to the proper authority and custody for the purpose of his undergoingthe punishment of imprisonment for life under the said order,
or
if the mitigated sentence is one of imprisonment, say, after the words "custody in the said
Jail", "and there to carry into execution the punishment of imprisonment under the said orderaccording to law".
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 43
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
(See sections 453 and 454)
To the Officer in charge of the Jail at..............................................
WHEREAS ..............................................( name of the prisoner), the (1st, 2nd, 3rd, as the
case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held
before me on the..............................................day of .............................................., 20 .............. ,has been by a warrant of the Court, dated the.................... day of .............................................. ,committed to your custody under sentence of death; .............................................. and whereasthe order of the High Court at ..............................................confirming the said sentence hasbeen received by this Court.
This is to authorise and require you to carry the said sentence into execution by
causing the said..............................................to be hanged by the neck until he be dead,at..............................................( time and place of execution), and to return this warrant to the
Court with an endorsement certifying that the sentence has been executed.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 44
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
(See section 461)
To..............................................
(name and designation of the police officer or other person or persons who is or are
to execute the warrant ).
WHEREAS ..............................................( name and description of the offender ) was on
the..............................................day of.............................................., 20......... , convicted before
me of the offence of..............................................( mention the offence concisely ), and sentenced
to pay a fine of rupees..............................................; and whereas the
said..............................................( name ), although required to pay the said fine, has not paid
the same or any part thereof;
This is to authorise and require you to attach any movable property belonging to the
said ..............................................( name ), which may be found within the district
of..............................................; and, if within..............................................( state the number of
days or hours allowed ) next after such attachment the said sum shall not be paid ( or forthwith),
to sell the movable property attached, or so much thereof as shall be sufficient to satisfy thesaid fine, returning this warrant, with an endorsement certifying what you have done underit, immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... .. .
(Seal of the Court )( Signature )
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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 45
WARRANT FOR RECOVERY OF FINE
(See section 461)
To the Collector of the district of..............................................
WHEREAS .............................................. (name, address and description of the offender )
was on the..............................................day of.............................................., 20.......... , co nvicted
before me of the offence of..............................................( mention the offence concisely ), and
sentenced to pay a fine of rupees..............................................; and
WHEREAS the said..............................................( name ), although require to pay the said
fine, has not paid the same or any part of thereof;
You are hereby authorised and requested to realise the amount of the said fine as
arrears of land revenue from the movable or immovable property, or both, of the
said..............................................( name ) and to certify without delay what you have done in
pursuance of this order.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 46
BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE
[See section 464 (1 ) (b)]
WHEREAS I,..............................................( name ) inhabitant of..............................................
(place ), have been sentenced to pay a fine of rupees..............................................and in default
of payment thereof to undergo imprisonment for..............................................; and whereas the
Court has been pleased to order my release on condition of my executing a bond for myappearance on the following date ( or dates), namely:—
I hereby bind myself to appear before the Court of..............................................
at.............................................. o'clock on the following date ( or dates), namely:—
and, in case of making default herein, I bind myself to forfeit to Government the sum ofrupees..............................................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—
We do hereby declare ourselves sureties for the above-named that he will appear
before the Court of ..............................................on the following date ( or dates), namely:—
And, in case of his making default therein, we bind ourselves jointly and severally to
forfeit to Government the sum of rupees...............................................
(Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 47
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STA TION OR
COURT
[See sections 478, 479, 480, 481, 482( 3) and 485]
I,..............................................( name ), of..............................................( place ), having been
arrested or detained without warrant by the Officer in charge of..............................................police
station ( or having been brought before the Court of..............................................), charged
with the offence of.............................................., and required to give security for my attendancebefore such Officer of Court on condition that I shall attend such Officer or Court on everyday on which any investigation or trial is held with regard to such charge, and in case of mymaking default herein, I bind myself to forfeit to Government the sum of rupees.............................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Signature )
I hereby declare myself ( or we jointly and severally declare ourselves and each of us)
surety ( or sureties) for the above said..............................................( name ) that he shall attend
the Officer in charge of..............................................police station or the Courtof..............................................on every day on which any investigation into the charge ismade or any trial on such charge is held, that he shall be, and appear, before such Officer orCourt for the purpose of such investigation or to answer the charge against him ( as the case
may be), and, in case of his making default herein, I hereby bind myself ( or we, hereby bind
ourselves) to forfeit to Government the sum of rupees...............................
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 48
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
(See section 487)
To the Officer in charge of the Jail at..............................................
(or other officer in whose custody the person is )
WHEREAS ..............................................( name and description of prisoner ) was committed
to your custody under warrant of this Court, dated the..............................................day
of.............................................. , and has since with his surety ( or sureties) duly executed a
bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;
This is to authorise and require you forthwith to discharge the said.......................................
(name ) from your custody, unless he is liable to be detained for some other matter.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 49
WARRANT OF ATTACHMENT TO ENFORCE A BOND
(See section 491)
To the Police Officer in charge of the police station at..............................................
WHEREAS ..............................................( name, description and address of person ) has
failed to appear on..............................................( mention the occasion ) pursuant to his
recognizance, and has by default forfeited to Government the sum of
rupees..............................................( the penalty in the bond ); and whereas the
said..............................................( name of person ) has, on due notice to him, failed to pay the
said sum or show any sufficient cause why payment should not be enforced against him;
This is to authorise and require you to attach any movable property of the said
..............................................( name ) that you may find within the district of ............................... ,
by seizure and detention, and, if the said amount be not paid within......................................... ,days to sell the property so attached or so much of it as may be sufficient to realise theamount aforesaid, and to make return of what you have done under this warrant immediatelyupon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 50
NOTICE TO SURETY ON BREACH OF A BOND
(See section 491)
To .............................................. of ..............................................
WHEREAS on the..............................................day of.............................................. ,
20 ........................., you became surety for..............................................( name )
of..............................................( place ) that he should appear before this Court on
the..............................................day of ..............................................and bound yourself in defa ult
thereof to forfeit the sum of rupees..................to Government; and whereas the
said..............................................( name ) has failed to appear before this Court and by reason of
such default you have forfeited the aforesaid sum of rupees.
You are hereby required to pay the said penalty or show cause,
within..............................................days from this date, why payment of the said sum shouldnot be enforced against you.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 51
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 491)
To.............................................. of..............................................
WHEREAS on the..............................................day of ............................ , 20................... , you
became surety by a bond for..............................................(name ) of..............................................
(place ) that he would be of good behaviour for the period of..............................................and
bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and
whereas the said..............................................( name ) has been convicted of the offence
of.............................................. ( mention the offence concisely ) committed since you became
such surety, whereby your security bond has become forfeited;
You are hereby required to pay the said penalty of rupees .................... or to show cause
within .............................................. days why it should not be paid.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 52
WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 491)
To..............................................of..............................................
WHEREAS ..............................................( name, description and address ) has bound himself
as surety for the appearance of .............................................. ( mention the condition of the
bond ) and the said .............................................. ( name ) has made default, and thereby forfeited
to Government the sum of rupees ........................ (the penalty in the bond );
This is to authorise and require you to attach any movable property of the said
..............................................( name ) which you may find within .............................................. the
district of .............................................. , by seizure and detention; and, if the said amount be
not paid within days, to sell the property so attached, or so much of it as may be sufficientto realise the amount aforesaid, and make return of what you have done under this warrantimmediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 53
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
(See section 491)
To the Superintendent ( or Keeper) of the Civil Jail at..............................................
WHEREAS ..............................................( name and description of surety ) has bound himself
as a surety for the appearance of.............................................. ( state the condition of the bond )
and the said..............................................( name ) has therein made default whereby the penalty
mentioned in the said bond has been forfeited to Government; and whereas the
said..............................................( name of surety ) has, on due notice to him, failed to pay the
said sum or show any sufficient cause why payment should not be enforced against him, andthe same cannot be recovered by attachment and sale of his movable property, and an orderhas been made for his imprisonment in the Civil Jail for..................................( Specify the period );
This is to authorise and require you, the said Superintendent ( or Keeper) to receive the
said..............................................( name ) into your custody with the warrant and to keep him
safely in the said Jail for the said..............................................( term of imprisonment ), and to
return this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 54
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE
(See section 491)
To..............................................( name, description and address )
WHEREAS on the..............................................day of.............................................., 20................,
you entered into a bond not to commit, etc., ..............................................( as in the bond ), and
proof of the forfeiture of the same has been given before me and duly recorded;
You are hereby called upon to pay the said penalty of rupees.................... or to show
cause before me within..............................................days why payment of the same should not
be enforced against you.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 55
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP
THE PEACE
(See section 491)
To..............................................
(name and designation of police officer ), at the police station of..............................................
WHEREAS ..............................................( name and description ) did, on
the..............................................day of.............................................., 20........................ , enter into abond for the sum of rupees..............................................binding himself not to commit a breachof the peace, etc., (as in the bond ), and proof of the forfeiture of the said bond has been given
before me and duly recorded; and whereas notice has been given to the said..............................................( name ) calling upon him to show cause why the said sum should
not be paid, and he has failed to do so or to pay the said sum;
This is to authorise and require you to attach by seizure movable property belonging
to the said..............................................( name ) to the value of rupees.............. , which you may
find within the district of.............................................., and, if the said sum be not paidwithin.............................................. , to sell the property so attached, or so much of it as may besufficient to realise the same; and to make return of what you have done under this warrantimmediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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FORM No. 56
WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE
(See section 491)
To the Superintendent ( or Keeper) of the Civil Jail at..............................................
WHEREAS proof has been given before me and duly recorded that................................
(name and description) has committed a breach of the bond entered into by him to keep the
peace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas
the said..............................................(name ) has failed to pay the said sum or to show cause
why the said sum should not be paid, although duly called upon to do so, and paymentthereof cannot be enforced by attachment of his movable property, and an order has beenmade for the imprisonment of the said..............................................( name ) in the Civil Jail of the
period of..............................................( term of imprisonment );
This is to authorise and require you, the said Superintendent ( or Keeper) of the said
Civil Jail to receive the said..............................................( name ) into your custody, together
with this warrant, and to keep his safely in the said Jail for the said period of..............................................( term of imprisonment ), and to return this warrant with an
endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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FORM No. 57
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHA VIOUR
(See section 491)
To the Police Officer in charge of the police station at..............................................
WHEREAS ..............................................( name, description and address ) did, on
the..............................................day of.............................................., 20.................., give security
by bond in the sum of rupees................... for the good behaviourof..............................................( name, etc., of the principal ), and proof has been given before
me and duly recorded of the commission by the said..............................................(name ) of the
offence of ..............................................whereby the said bond has been forfeited; and whereasnotice has been given to the said..............................................( name ) calling upon him to show
cause why the said sum should not be paid, and he has failed to do so to pay the said sum;
This is to authorise and require you to attach by seizure movable property belonging
to the said..............................................( name ) to the value of rupees......................which you
may find within the district of.............................................. , and, if the said sum be not paidwithin.............................................. , to sell the property so attached, or so much of it as may besufficient to realise the same, and to make return of what you have done under this warrantimmediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ........... . .
(Seal of the Court )( Signature )
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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 249
—————
DIWAKAR SINGH ,
Joint Secretary & Legislative Counsel to the Govt. of India.
MGIPMRND—532GI(S3)—25-12-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.FORM No. 58
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHA VIOUR
(See section 491)
To the Superintendent ( or Keeper ) of the Civil Jail at..............................................
WHEREAS ..............................................( name, description and address ) did, on
the .............................................. day of.............................................., 20.................. , give security
by bond in the sum of rupees........................for the good behaviour of...................................( name,
etc., of the principal ), and proof of the breach of the said bond has been given before me and
duly recorded, whereby the said..............................................( name ) has forfeited to Government
the sum of rupees .................. , and whereas he has failed to pay the said sum or to show
cause why the said sum should not be paid although duly called upon to do so, and payment
thereof cannot be enforced by attachment of his movable property, and an order has been
made for the imprisonment of the said..............................................( name ) in the Civil Jail for
the period of..............................................( term of imprisonment );
This is to authorise and require you, the Superintendent ( or Keeper ), to receive the
said..............................................( name ) into your custody , together with this warrant, and to
keep him safely in the said Jail for the said period of..............................................( term of
imprisonment ), returning this warrant with an endorsement certifying the manner of its
execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court ) (Signature )
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