Full Text
LOK SABHA
————
The following Bills were introduced in Lok Sabha on 11th August, 2023:—
BILL NO. 119 OF 2023
A Bill further to amend the Central Goods and Services Tax Act, 2017.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Central Goods and Services Tax (Amendment)
Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act
and any reference in any such provision to the commencement of this Act shall be construedas a reference to the coming into force of that provision.Short title andcommencement.vlk/kkj.k
EXTRAORDINARY
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PART II — Section 2
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PUBLISHED BY AUTHORITY
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No. 23] NEW DELHI, FRIDAY, AUGUST 11, 2023/SRAV ANA 20, 1945 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx
jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —23 REGISTERED NO. DL—(N)04/0007/2003—23
CG-DL-E-26082023-248354
2. In section 2 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to
as the principal Act),—
(a) after clause ( 80), the following clauses shall be inserted, namely:—
'(80A) "online gaming" means offering of a game on the internet or an
electronic network and includes online money gaming;
(80B) "online money gaming" means online gaming in which players pay
or deposit money or money's worth, including virtual digital assets, in theexpectation of winning money or money's worth, including virtual digital assets,in any event including game, scheme, competition or any other activity orprocess, whether or not its outcome or performance is based on skill, chance orboth and whether the same is permissible or otherwise under any other law forthe time being in force;’;
(b) after clause ( 102), the following clause shall be inserted, namely:—
'(102A ) "specified actionable claim" means the actionable claim involved
in or by way of—
(i) betting;
(ii) casinos;
(iii) gambling;
(iv) horse racing;
(v) lottery; or
(vi) online money gaming;’;
(c) in clause ( 105), the following proviso shall be inserted at the end, namely:—
"Provided that a person who organises or arranges, directly or indirectly,
supply of specified actionable claims, including a person who owns, operatesor manages digital or electronic platform for such supply, shall be deemed to bea supplier of such actionable claims, whether such actionable claims are suppliedby him or through him and whether consideration in money or money's worth,including virtual digital assets, for supply of such actionable claims is paid orconveyed to him or through him or placed at his disposal in any manner, and allthe provisions of this Act shall apply to such supplier of specified actionableclaims, as if he is the supplier liable to pay the tax in relation to the supply ofsuch actionable claims;";
(d) after clause ( 117), the following clause shall be inserted, namely:—
‘(117A ) "virtual digital asset" shall have the same meaning as assigned to
it in clause ( 47A) of section 2 of the Income-tax Act, 1961;’.
3. In section 24 of the principal Act,—
(a) in clause ( xi), the word "and" ocurring at the end, shall be omitted;
(b) after clause ( xi), the following clause shall be inserted, namely:—
"(xia) every person supplying online money gaming from a place outside
India to a person in India; and".
4. In the principal Act, in Schedule III, in paragraph 6, for the words "lottery, betting
and gambling" the words "specified actionable claims" shall be substituted.
5. The amendments made under this Act shall be without prejudice to provisions of
any other law for the time being in force, providing for prohibiting, restricting or regulatingbetting, casino, gambling, horse racing, lottery or online gaming.Amendmentof section 2.12 of 2017.
Amendment
of section 24.43 of 1961.
Amendment
of ScheduleIII.
Transitory
provision.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
STATEMENT OF OBJECTS AND REASONS
The Goods and Services Tax Council (GST Council) in its 50th and 51st meetings
considered representation from various associations on the issues regarding taxability ofCasinos, Horse Racing and Online Gaming and recommended to make certain amendments inthe Central Goods and Services Tax Act, 2017 (the Act) to provide clarity regarding taxabilityof Casinos, Horse Racing and Online Gaming.
2. The proposed Central Goods and Services Tax (Amendment) Bill, 2023, inter alia,
provides to—
(i) define the expressions "online gaming", "online money gaming", "specified
actionable claim" and "virtual digital asset";
(ii) insert a proviso in the definition of "supplier" to provide clarity regarding
"supplier" in case of supply of "specified actionable claim";
(iii) substitute "specified actionable claim" in paragraph 6 of Schedule III of the
Act, for the present entries "lottery, betting and gambling", so as to provide clarityregarding taxability of actionable claims involved in or by way of casinos, horse racingand online gaming; and
(iv) insert a new clause in section 24 of the Act, to provide for mandatory
registration of the person for supplying online money gaming, from a place outsideIndia to a person in India.
3. The Bill seeks to achieve the above objectives.
N
EW DELHI; NIRMALA SITHARAMAN.
The 9th August, 2023 .
————
PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF
THE CONSTITUTION OF INDIA
————
[Letter No. CBIC-20006/21/2023-GST dated 9 August, 2023 from Smt. Nirmala
Sitharaman, Minister of Finance and Corporate Affairs to the Secretary General,Lok Sabha]
The President, having been informed of the subject matter of the Central Goods
and Services Tax (Amendment) Bill, 2023, recommends the introduction of the Bill underarticle 117( 1) read with article 274( 1) of the Constitution of India to Lok Sabha and also
recommends to Lok Sabha the consideration of the Bill under article 117( 3) of the Constitution
of India.
————
FINANCIAL MEMORANDUM
The proposed Central Goods and Services Tax (Amendment) Bill, 2023 does not involve
any recurring or non-recurring expenditure from and out of the Consolidated Fund of India.
————
BILL NO. 120 OF 2023
A Bill further to amend the Integrated Goods and Services Tax Act, 2017.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Integrated Goods and Services Tax (Amendment)
Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In section 2 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred
to as the principal Act), in clause ( 17), for sub-clause ( vii), the following sub-clause shall be
substituted, namely:—
"(vii) online gaming, excluding the online money gaming as defined in
clause ( 80B) of section 2 of the Central Goods and Services Tax Act, 2017;".
3. In section 5 of the principal Act, in sub-section ( 1), in the proviso, after the words
"integrated tax on goods" the words "other than the goods as may be notified by theGovernment on the recommendations of the Council" shall be inserted.Short title andcommencement.
Amendment
of section 2.
12 of 2017.
Amendment
of section 5.13 of 2017.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
4.In section 10 of the principal Act, in sub-section ( 1), after clause ( c), the following
clause shall be inserted, namely:—
"(ca) where the supply of goods is made to a person other than a registered
person, the place of supply shall, notwithstanding anything contrary contained inclause ( a) or clause ( c), be the location as per the address of the said person recorded
in the invoice issued in respect of the said supply and the location of the supplierwhere the address of the said person is not recorded in the invoice.
Explanation. —For the purposes of this clause, recording of the name of the
State of the said person in the invoice shall be deemed to be the recording of theaddress of the said person;".
5. After section 14 of the principal Act, the following section shall be inserted, namely:—
"14A. ( 1) A supplier of online money gaming as defined in clause ( 80B) of
section 2 of the Central Goods and Services Tax Act, 2017, not located in the taxableterritory, shall in respect of the supply of online money gaming by him to a person inthe taxable territory, be liable to pay integrated tax on such supply.
(2) For the purposes of complying with provisions of sub section ( 1), the supplier
of online money gaming shall obtain a single registration under the SimplifiedRegistration Scheme referred to in sub-section ( 2) of section 14 of this Act:
Provided that any person located in the taxable territory representing such supplier
for any purpose in the taxable territory shall get registered and pay the integrated taxon behalf of the supplier:
Provided further that if such supplier does not have a physical presence or does
not have a representative for any purpose in the taxable territory, he shall appoint aperson in the taxable territory for the purpose of paying integrated tax and such personshall be liable for payment of such tax.
(3) In case of failure to comply with provisions of sub section ( 1) or sub section ( 2)
by the supplier of the online money gaming or a person appointed by such supplier orboth, notwithstanding anything contained in section 69A of the Information TechnologyAct, 2000, any information generated, transmitted, received or hosted in any computerresource used for supply of online money gaming by such supplier shall be liable to beblocked for access by the public in such manner as specified in the said Act.".Amendmentof section 10.
Insertion of
new section14A.
Special
provision forspecifiedactionableclaimssupplied by aperson locatedoutside taxableterritory.12 of 2017.
21 of 2000.
STATEMENT OF OBJECTS AND REASONS
The Goods and Services Tax Council (GST Council) in its 50th and 51st meetings
considered representation from various associations on the issues regarding taxability ofCasinos, Horse Racing and Online Gaming and recommended to make certain amendmentsin the Integrated Goods and Services Tax Act, 2017 (the Act) to provide clarity regardingtaxability of Casinos, Horse Racing and Online Gaming.
2. The proposed Integrated Goods and Services Tax (Amendment) Bill, 2023,
inter alia, provides to—
(i) amend clause ( 17) of section 2 of the Act to exclude online money gaming
from the definition of Online Information and Data Access or Retrieval (OIDAR) services;
(ii) amend the proviso to sub-section ( 1) of section 5 of the Act, to provide that
in case of import of such goods, that may be notified by the Government on therecommendations of the GST Council, the levy of Integrated Goods and Services Tax(IGST) may not be required to be done in accordance with the provisions of section 3of the Customs Tariff Act, 1975 read with section 12 of the Customs Act, 1962 andinstead, the same shall be levied and collected as inter-State supply as per the provisionsof sub-section ( 1) of section 5 of the Act;
(iii) amend section 10 of the Act, to provide that where the supply of goods is
made to a person other than a registered person, the place of supply shall be thelocation as per the address of the said person recorded in the invoice issued and be thelocation of the supplier where the address of the said person is not recorded in theinvoice; and
(iv) insert a new section, section 14A in the Act, to provide for special provision
for online money gaming supplied by a person located outside the taxable territory toa person located in India, including requirement of taking a single registration under
the Simplified Registration Scheme; payment of Integrated Tax on such supplies and
provision for blocking of access by the public to any information generated, transmitted,received or hosted in any computer resource used for supply of online money gamingby such supplier in case of failure to comply with provisions of registration andpayment of tax in such manner as specified in the Information Technology Act, 2000.
3. The Bill seeks to achieve the above objectives.
N
EW DELHI; NIRMALA SITHARAMAN.
The 9th August, 2023.
————
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF
THE CONSTITUTION OF INDIA
————
[Letter No. CBIC-20006/21/2023-GST dated 9 August, 2023 from
Smt. Nirmala Sitharaman, Minister of Finance and Corporate Affairs to the SecretaryGeneral, Lok Sabha]
The President, having been informed of the subject matter of the Integrated Goods and
Services Tax (Amendment) Bill, 2023, recommends the introduction of the Bill under article117(1) read with article 274(1) of the Constitution of India to Lok Sabha and also recommendsto Lok Sabha the consideration of the Bill under article 117(3) of the Constitution of India.
————
FINANCIAL MEMORANDUM
The proposed Integrated Goods and Services Tax (Amendment) Bill, 2023 does not
involve any recurring or non-recurring expenditure from and out of the Consolidated Fund ofIndia.
————
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
BILL NO. 121 OF 2023
A Bill to consolidate and amend the provisions relating to offences and for matters
connected therewith or incidental thereto.
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 Nyaya Sanhita, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint, and different dates may be appointed for different provisionsof the Sanhita.Short title,commencementandapplication.
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for
every act or omission contrary to the provisions thereof, of which he shall be guilty withinIndia.
(4) Any person liable, by any law for the time being in force in India, to be tried for an
offence committed beyond India shall be dealt with according to the provisions of thisSanhita for any act committed beyond India in the same manner as if such act had beencommitted within India.
(5) The provisions of this Sanhita apply also to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting
a computer resource located in India.
Explanation.— In this section the word “offence” includes every act committed outside
India which, if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India,
he can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service of the Government of Indiaor the provisions of any special or local law.
2. In this Sanhita unless the context otherwise requires,––
(1) “act” as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “counterfeit”.––A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that resemblance to practice deception,or knowing it to be likely that deception will thereby be proctised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until thecontrary is proved, that the person so causing the one thing to resemble the other thingintended by means of that resemblance to practise deception or knew it to be likely thatdeception would thereby be practised;
(4) “Court” means a Judge who is empowered by law to act judicially alone, or a
body of Judges, which is empowered by law to act judicially as a body, when suchJudge or body of Judges is acting judicially;
(5) “death” means the death of a human being unless the contrary appears from
the context;
(6) “dishonestly” means doing of an act with the intention of causing wrongful
gain to one person or wrongful loss to another person;
(7) “document” means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, intended tobe used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters,
figures or marks are formed, or whether the evidence is intended for, or may be used in aCourt or not.Definitions.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
Illustrations.
(a) A writing expressing the terms of a contract, which may be used as evidence
of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A Map or plan which is intended to be used or which may be used as
evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by suchletters, figures or marks within the meaning of this section, although the same may notbe actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill is to bepaid to the holder. The endorsement is a document, and shall be construed in the samemanner as if the words “pay to the holder” or words to that effect had been writtenover the signature.
(8) “fraudulently”.—A person is said to do a thing fraudulently if he does that
thing with intent to defraud but not otherwise.
(9) “gender”.—the pronoun “he” and its derivatives are used of any person,
whether male, female or transgender.
Explanation .–– “transgender” shall have the meaning assigned to it in clause
(k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(10) “good faith”.—Nothing is said to be done or believed in “good faith”
which is done or believed without due care and attention;
(11) “Government” means the Central Government or a State Government;
(12) “harbour”.—except as otherwise provided in this Sanhita, includes the
supplying a person with shelter, food, drink, money, clothes, arms, ammunition ormeans of conveyance, or the assisting a person by any means, whether of the samekind as those enumerated in this section or not, to evade apprehension;
(13) “injury” means any harm whatever illegally caused to any person, in body,
mind, reputation or property;
(14) “illegal”- “legally bound to do”. —The word “illegal” is applicable to
everything which is an offence or which is prohibited by law, or which furnishesground for a civil action; and a person is said to be “legally bound to do” whatever itis illegal in him to omit;
(15) “Judge” means a person who is officially designated as a Judge and includes
a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or
criminal, a definitive judgment, or a judgment which, if not appealed against,would be definitive, or a judgment which, if confirmed by some other authority,would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered
by law to give such a judgment.40 of 2019.
llustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has
power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(16) “life” means the life of a human being, unless the contrary appears from the
context;
(17) “local law” means a law applicable only to a particular part of India;
(18) “man” means male human being of any age;
(19) “mental illness” shall have the meaning assigned to it in clause ( a) of
section 2 of the Mental Healthcare Act, 2017;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is
used, it is to be understood that the month or the year is to be reckoned according tothe Gregorian calendar;
(21) “movable property” includes property of every description, except land
and things attached to the earth or permanently fastened to anything which is attachedto the earth;
(22) “number”. —Unless the contrary appears from the context, words importing
the singular number include the plural number, and words importing the plural numberinclude the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and
any declaration required or authorised by law to be made before a public servant or tobe used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses
(a) and ( b) the word “offence” means an act made punishable by this Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections ( 2),
(3), (4) and ( 5) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113,
114, 117, sub-sections ( 7) and ( 8) of section 125, 217, 224, 225, 234, 242, 244,
245, 253, 254, 255, 256, 257, sub-sections ( 6) and ( 7) of section 306 and clause
(b) of section 324, the word “offence” means a thing punishable under this
Sanhita, or under any special law or local law; and
(b) in sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence”
shall have the same meaning when the act punishable under the special law orlocal law is punishable under such law with imprisonment for a term of six monthsor more, whether with or without fine;
(25) “omission” means sigle ommission as well as a series of omissions;
(26) “person” includes any company or association or body of persons, whether
incorporated or not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions,
namely: —
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge,
whether by himself or as a member of any body of persons, any adjudicatoryfunctions;
(c) every officer including a liquidator, receiver or commissioner whose
duty it is, as such officer, to investigate or report on any matter of law or fact, orto make, authenticate, or keep any document, or to take charge or dispose of any10 of 2017.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order in the Court, and every person specially authorisedto perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public
servant;
(e) every arbitrator or other person to whom any cause or matter has been
referred for decision or report by any Court, or by any other competent publicauthority;
(f) every person who holds any office by virtue of which he is empowered
to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to justice,or to protect the public health, safety or convenience;
(h) every officer whose duty it is as such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey,assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniaryinterests of the Government, or to make, authenticate or keep any documentrelating to the pecuniary interests of the Government, or to prevent the infractionof any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or
expend any property, to make any survey or assessment or to levy any rate or taxfor any secular common purpose of any village, town or district, or to make,authenticate or keep any document for the ascertaining of the rights of thepeople of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered
to prepare, publish, maintain or revise an electoral roll or to conduct an electionor part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or
commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause ( 31)
of section 3 of the General Clauses Act, 1897, a corporation established byor under a Central or State Act or a Government company as defined inclause ( 45) of section 2 of the Companies Act, 2013.
Explanation.—
(a) persons falling under any of the descriptions made in this clause
are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a
public servant, whatever legal defect there may be in his right to hold thatsituation is a public servant;
(c) “election” means an election for the purpose of selecting members
of any legislative, municipal or other public authority, of whatever character,the method of election to which is by, or under any law for the time beingin force.
Illustration .
A Municipal Commissioner is a public servant;10 of 1897.
18 of 2013.
(29) “reason to believe”.—A person is said to have “reason to believe” a thing,
if he has sufficient cause to believe that thing but not otherwise;
(30) “special law” means a law applicable to a particular subject;
(31) “valuable security” means a document which is, or purports to be, a
document where by any legal right is created, extended, transferred, restricted,extinguished or released, or where by any person acknowledges that he lies underlegal liability, or has not a certain legal right.
Illustration.
A writes his name on the back of a bill of exchange. As the effect of this
endorsement is to transfer the right to the bill to any person who may become thelawful holder of it, the endorsement is a “valuable security”;
(32) “vessel” means anything made for the conveyance by water of human
beings or of property;
(33) “voluntarily”A person is said to cause an effect “voluntarily” when he
causes it by means whereby he intended to cause it, or by means which, at the time ofemploying those means, he knew or had reason to believe to be likely to cause it.
Illustration .
A sets fire, by night, to an inhabited house in a large town, for the purpose of
facilitating a robbery and thus causes the death of a person. Here, A may not haveintended to cause death; and may even be sorry that death has been caused by his act;yet, if he knew that he was likely to cause death, he has caused death voluntarily;
(34) “will” means any testamentary document;
(35) “woman” means a female human being of any age;
(36) “wrongful gain” means gain by unlawful means of property to which the
person gaining is not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the
person losing it is legally entitled;
(38) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain
wrongfully when such person retains wrongfully, as well as when such person acquireswrongfully. A person is said to lose wrongfully when such person is wrongfully kept outof any property, as well as when such person is wrongfully deprived of property; and
(39) words and expressions used but not defined in this Sanhita but defined in
the Information Technology Act, 2000 and the Bhartiya Nagarik Suraksha Sanhita,2023 and shall have the meanings respectively assigned to them in that Act Sanhita.
3. (1) Throughout this Sanhita every definition of an offence, every penal provision,
and every Illustration of every such definition or penal provision, shall be understoodsubject to the exceptions contained in the Chapter entitled “General Exceptions”, thoughthose exceptions are not repeated in such definition, penal provision, or Illustration.
Illustration s.
(a) The sections, in this Sanhita which contain definitions of offences, do not
express that a child under seven years of age cannot commit such offences; but thedefinitions are to be understood subject to the general exception which provides thatnothing shall be an offence which is done by a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z, who has committed murder.
Here A is not guilty of the offence of wrongful confinement; for he was bound by lawto apprehend Z, and therefore the case falls within the general exception which providesthat “nothing is an offence which is done by a person who is bound by law to do it”. GeneralExplanationsandexpressions.21 of 2000.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
(2) Every expression which is explained in any Part of this Sanhita, is used in every Part
of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk or servant, on
account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation.— A person employed temporarily or on a particular occasion in the capacity
of a clerk or servant, is a clerk or servant within the meaning of this sub-section.
(4) In every Part of this Sanhita, except where a contrary intention appears from the
context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as if it were doneby him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons who joins in theact with such knowledge or intention is liable for the act in the same manner as if the act weredone by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an
act or by an omission, is an offence, it is to be understood that the causing of that effectpartly by an act and partly by an omission is the same offence.
Illustration .
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly
by beating Z. A has committed murder.
(8) When an offence is committed by means of several acts, whoever intentionally
co-operates in the commission of that offence by doing any one of those acts, either singlyor jointly with any other person, commits that offence.
Illustration s.
(a) A and B agree to murder Z by severally and at different times giving him small doses
of poison. A and B administer the poison according to the agreement with intent to murder Z.Z dies from the effects the several doses of poison so administered to him. Here A and Bintentionally cooperate in the commission of murder and as each of them does an act bywhich the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively
for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate incausing that effect by illegally omitting, each during the time of his attendance, to furnish Zwith food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of themurder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally
omits to supply Z with food; in consequence of which Z is much reduced in strength, but thestarvation is not sufficient to cause his death. A is dismissed from his office, and B succeedshim. B, without collusion or co-operation with A, illegally omits to supply Z with food,knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
(9) Where severalpersons are engaged or concerned in the commission of a criminal
act, they may be guilty of different offences by means of that act.
Illustration .
A attacks Z under such circumstances of grave provocation that his killing of Z would
be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending
to kill him, and not having been subject to the provocation, assists A in killing Z. Here,
though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guiltyonly of culpable homicide.
CHAPTER II
O
F PUNISHMENTS
4. The punishments to which offenders are liable under the provisions of this Sanhita
are—
(a) Death;
(b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s
natural life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community Service.
5. In every case in which sentence of,––
(a) death has been passed, the appropriate Government may, without the consent
of the offender, commute the punishment for any other punishment provided by thisSanhita;
(b) imprisonment for life has been passed, the appropriate Government may,
without the consent of the offender, commute the punishment for imprisonment ofeither description for a term not exceeding fourteen years.
Explanation.–– For the purposes of this section expression“ appropriate Government”
means,––
(a) in cases where the sentence is a sentence of death or is for an offence against
any law relating to a matter to which the executive power of the Union extends, theCentral Government; and
(b) in cases where the sentence (whether of death or not) is for an offence
against any law relating to a matter to which the executive power of the State extends,the Government of the State within which the offender is sentenced.
6. In calculating fractions of terms of punishment, imprisonment for life shall be reckoned
as equivalent to imprisonment for twenty years unless otherwise provided.
7. In every case in which an offender is punishable with imprisonment which may be of
either description, it shall be competent to the Court which sentences such offender to directin the sentence that such imprisonment shall be wholly rigorous, or that such imprisonmentshall be wholly simple, or that any part of such imprisonment shall be rigorous and the restsimple.
8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to
which the offender is liable is unlimited, but shall not be excessive.
(2) In every case of an offence––
(a) punishable with imprisonment as well as fine, in which the offender is
sentenced to a fine, whether with or without imprisonment;Punishments.
Commutation
of sentence ofdeath orimprisonmentfor life.
Fractions of
terms ofpunishment.
Sentence may
be (in certaincases ofimprisonment)wholly orpartly rigorousor simple.
Amount of
fine, liabilityin default ofpayment offine, etc.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
(b) punishable with imprisonment or fine, or with fine only, in which the offender
is sentenced to a fine, it shall be competent to the Court which sentences such offenderto direct by the sentence that, in default of payment of the fine, the offender shallsuffer imprisonment for a certain term, in which imprisonment shall be in excess of anyother imprisonment to which he may have been sentenced or to which he may be liableunder a commutation of a sentence.
(3)The term for which the Court directs the offender to be imprisoned in default of
payment of a fine shall not exceed one-fourth of the term of imprisonment which is themaximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
(4) The imprisonment which the Court imposes in default of payment of a fine or in
default of community service may be of any description to which the offender might havebeen sentenced for the offence.
(5) If the offence is punishable with fine or community service, the imprisonment
which the Court imposes in default of payment of the fine or in default of community serviceshall be simple, and the term for which the Court directs the offender to be imprisoned, indefault of payment of fine or in default of community service, shall not exceed for any termnot exceeding,—
(a) two months when the amount of the fine shall not exceed five thousand
rupees; and
(b) four months when the amount of the fine shall not exceed ten thousand
rupees, and for any term not exceeding one year in any other case.
(6) (a)The imprisonment which is imposed in default of payment of a fine shall terminate
whenever that fine is either paid or levied by process of law;
(b) If, before the expiration of the term of imprisonment fixed in default of payment,
such a proportion of the fine be paid or levied that the term of imprisonment suffered indefault of payment is not less than proportional to the part of the fine still unpaid, theimprisonment shall terminate.
Illustration .
A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in
default of payment. Here, if seven hundred and fifty rupees of the fine be paid or leviedbefore the expiration of one month of the imprisonment, A will be discharged as soon as thefirst month has expired. If seven hundred and fifty rupees be paid or levied at the time of theexpiration of the first month, or at any later time while A continues in imprisonment, A will beimmediately discharged. If five hundred rupees of the fine be paid or levied before theexpiration of two months of the imprisonment. A will be discharged as soon as the twomonths are completed. If five hundred rupees be paid or levied at the time of the expiration ofthose two months, or at any later time while A continues in imprisonment, A will be immediatelydischarged.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within
six years after the passing of the sentence, and if, under the sentence, the offender be liableto imprisonment for a longer period than six years, then at any time previous to the expirationof that period; and the death of the offender does not discharge from the liability anyproperty which would, after his death, be legally liable for his debts.
9. (1) Where anything which is an offence is made up of parts, any of which parts is
itself an offence, the offender shall not be punished with the punishment of more than one ofsuch his offences, unless it be so expressly provided.
(2) (a) Where anything is 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; or
(b) Where several acts, of which one or more than one would by itself or themselves
Limit of
punishment ofoffence madeup of severaloffences.
constitute an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries
him could award for any one of such offences.
Illustration s.
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the blows whichmake up the whole beating. If A were liable to punishment for every blow, he might beimprisoned for fifty years, one for each blow. But he is liable only to one punishment for thewhole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y , here, as the
blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to onepunishment for voluntarily causing hurt to Z, and to another for the blow given to Y .
10. In all cases in which judgment is given that a person is guilty of one of several
offences specified in the judgment, but that it is doubtful of which of these offences he isguilty, the offender shall be punished for the offence for which the lowest punishment isprovided if the same punishment is not provided for all.
11. Whenever any person is convicted of an offence for which under this Sanhita the
Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,order that the offender shall be kept in solitary confinement for any portion or portions of theimprisonment to which he is sentenced, not exceeding three months in the whole, accordingto the following scale, namely: —
(a) a time not exceeding one month if the term of imprisonment shall not exceed
six months;
(b) a time not exceeding two months if the term of imprisonment shall exceed six
months and shall not exceed one year;
(c) a time not exceeding three months if the term of imprisonment shall exceed
one year.
12. In executing a sentence of solitary confinement, such confinement shall in no case
exceed fourteen days at a time, with intervals between the periods of solitary confinement ofnot less duration than such periods; and when the imprisonment awarded shall exceed threemonths, the solitary confinement shall not exceed seven days in any one month of the wholeimprisonment awarded, with intervals between the periods of solitary confinement of notless duration than such periods.
13. Whoever, having been convicted by a Court in India, of an offence punishable
under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description fora term of three years or upwards, shall be guilty of any offence punishable under either ofthose Chapters with like imprisonment for the like term, shall be subject for every suchsubsequent offence to imprisonment for life, or to imprisonment of either description for aterm which may extend to ten years.
CHAPTER III
G
ENERAL EXCEPTIONS
14. Nothing is an offence which is done by a person who is, or who by reason of a
mistake of fact and not by reason of a mistake of law in good faith believes himself to be,bound by law to do it.
Illustration s.
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the
commands of the law. A has committed no offence.Punishment ofperson guiltyof one ofseveraloffences,judgmentstating that itis doubtful ofwhich.
Limit of
solitaryconfinement.
Enhanced
punishmentfor certainoffences afterpreviousconviction.
Act done by a
person bound,or by mistakeof factbelievinghimself bound,by law.Solitary
confinement.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
(b) A, an officer of a Court, being ordered by that Court to arrest Y , and after due
enquiry, believing Z to be Y , arrests Z. A has committed no offence.
15. Nothing is an offence which is done by a Judge when acting judicially in the
exercise of any power which is, or which in good faith he believes to be, given to him by law.
16. Nothing which is done in pursuance of, or which is warranted by the judgment or
order of, a Court; if done whilst such judgment or order remains in force, is an offence,notwithstanding the Court may have had no jurisdiction to pass such judgment or order,provided the person doing the act in good faith believes that the Court had such jurisdiction.
17. Nothing is an offence which is done by any person who is justified by law, or who
by reason of a mistake of fact and not by reason of a mistake of law in good faith, believeshimself to be justified by law, in doing it.
Illustration .
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his
judgment exerted in good faith, of the power which the law gives to all persons of apprehendingmurderers in the fact, seizes Z, in order to bring Z before the proper authorities. A hascommitted no offence, though it may turn out that Z was acting in self-defence.
18. Nothing is an offence which is done by accident or misfortune, and without any
criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawfulmeans and with proper care and caution.
Illustration .
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here,
if there was no want of proper caution on the part of A, his act is excusable and not anoffence.
19. Nothing is an offence merely by reason of its being done with the knowledge that
it is likely to cause harm, if it be done without any criminal intention to cause harm, and ingood faith for the purpose of preventing or avoiding other harm to person or property.
Explanation. — It is a question of fact in such a case whether the harm to be prevented
or avoided was of such a nature and so imminent as to justify or excuse the risk of doing theact with the knowledge that it was likely to cause harm.
Illustration s.
(a) A, the captain of a vessel, suddenly, and without any fault or negligence on his
part, finds himself in such a position that, before he can stop his vessel, he must inevitablyrun down a boat B, with twenty or thirty passengers on board, unless he changes the courseof his vessel, and that, by changing his course, he must incur risk of running down a boat Cwith only two passengers on board, which he may possibly clear. Here, if A alters his coursewithout any intention to run down the boat C and in good faith for the purpose of avoidingthe danger to the passengers in the boat B, he is not guilty of an offence, though he may rundown the boat C by doing an act which he knew was likely to cause that effect, if it be foundas a matter of fact that the danger which he intended to avoid was such as to excuse him inincurring the risk of running down the boat C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading. He does this with the intention in good faith of saving human life or property.Here, if it be found that the harm to be prevented was of such a nature and so imminent as toexcuse A’s act, A is not guilty of the offence.Act of Judgewhen actingjudicially.
Act done
pursuant tojudgment ororder ofCourt.
Act done by a
person justified,or by mistake offact believinghimself,justified, by law.
Accident in
doing a lawfulact.
Act likely to
cause harm,but donewithoutcriminalintent, and toprevent otherharm.
20. Nothing is an offence which is done by a child under seven years of age.
21. Nothing is an offence which is done by a child above seven years of age and under
twelve, who has not attained sufficient maturity of understanding to judge of the nature andconsequences of his conduct on that occasion.
22. Nothing is an offence which is done by a person who, at the time of doing it, by
reason of mental illness, is incapable of knowing the nature of the act, or that he is doingwhat is either wrong or contrary to law.
23. Nothing is an offence which is done by a person who, at the time of doing it, is, by
reason of intoxication, incapable of knowing the nature of the act, or that he is doing what iseither wrong, or contrary to law; unless that the thing which intoxicated him was administeredto him without his knowledge or against his will.
24. In cases where an act done is not an offence unless done with a particular knowledge
or intent, a person who does the act in a state of intoxication shall be liable to be dealt withas if he had the same knowledge as he would have had if he had not been intoxicated, unlessthe thing which intoxicated him was administered to him without his knowledge or againsthis will.
25. Nothing which is not intended to cause death, or grievous hurt, and which is not
known by the doer to be likely to cause death or grievous hurt, is an offence by reason of anyharm which it may cause, or be intended by the doer to cause, to any person, above eighteenyears of age, who has given consent, whether express or implied, to suffer that harm; or byreason of any harm which it may be known by the doer to be likely to cause to any suchperson who has consented to take the risk of that harm.
Illustration .
A and Z agree to fence with each other for amusement. This agreement implies the
consent of each to suffer any harm which, in the course of such fencing, may be causedwithout foul play; and if A, while playing fairly, hurts Z, A commits no offence.
26. Nothing, which is not intended to cause death, is an offence by reason of any harm
which it may cause, or be intended by the doer to cause, or be known by the doer to be likelyto cause, to any person for whose benefit it is done in good faith, and who has given aconsent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration .
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who
suffers under the painful complaint, but not intending to cause Z’s death, and intending, ingood faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed nooffence.
27. Nothing which is done in good faith for the benefit of a person under twelve years
of age, or of person with mental illness, by or by consent, either express or implied, of theguardian or other person having lawful charge of that person, is an offence by reason of anyharm which it may cause, or be intended by the doer to cause or be known by the doer to belikely to cause to that person:
Provided that this exception shall not extend to––
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to causeAct of a child
above sevenand undertwelve ofimmatureunderstanding.
Act of a
person ofmental illness.
Act of a person
incapable ofjudgment byreason ofintoxicationcaused againsthis will.
Offence
requiring aparticularintent orknowledgecommitted byone who isintoxicated.
Act not
intended andnot known tobe likely tocause death orgrievous hurt,done byconsent.
Act not
intended tocause death,done byconsent ingood faith forperson'sbenefit.
Act done in
good faith forbenefit ofchild orperson withmental illness,by or byconsent ofguardian.Act of a child
under sevenyears of age.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
death, for any purpose other than the preventing of death or grievous hurt, or the
curing of any grievous disease or infirmity;
(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous
hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing ofany grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not
extend.
Illustration .
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for
the stone by a surgeon knowing it to be likely that the operation will cause the child’s death,but not intending to cause the child’s death. A is within the exception, in as much as hisobject was the cure of the child.
28. A consent is not such a consent as is intended by any section of this Sanhita,––
(a) if the consent is given by a person under fear of injury, or under a misconception
of fact, and if the person doing the act knows, or has reason to believe, that theconsent was given in consequence of such fear or misconception; or
(b) if the consent is given by a person who, from mental illness, or intoxication,
is unable to understand the nature and consequence of that to which he gives hisconsent; or
(c) unless the contrary appears from the context, if the consent is given by a
person who is under twelve years of age.
29. The exceptions in sections 21, 22 and 23 do not extend to acts which are offences
independently of any harm which they may cause, or be intended to cause, or be known tobe likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration .
Causing miscarriage (unless caused in good faith for the purpose of saving the life of
the woman) is offence independently of any harm which it may cause or be intended to causeto the woman. Therefore, it is not an offence “by reason of such harm”; and the consent ofthe woman or of her guardian to the causing of such miscarriage does not justify the act.
30. Nothing is an offence by reason of any harm which it may cause to a person for
whose benefit it is done in good faith, even without that person’s consent, if the circumstancesare such that it is impossible for that person to signify consent, or if that person is incapableof giving consent, and has no guardian or other person in lawful charge of him from whom itis possible to obtain consent in time for the thing to be done with benefit:
Provided that exception shall not extend to––
(a) the intentional causing of death, or the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause
death, for any purpose other than the preventing of death or grievous hurt, or thecuring of any grievous disease or infirmity;
(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any
purpose other than the preventing of death or hurt;
(d) the abetment of any offence, to the committing of which offence it would not
extend.
Illustration s.
(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires toConsent
known to begiven underfear ormisconception.
Exclusion of
acts which areoffencesindependentlyof harmcaused.
Act done in
good faith forbenefit of apersonwithoutconsent.
be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the
trepan before Z recovers his power of judging for himself. A has committed no offence.
(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may
kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z amortal wound. A has committed no offence.
(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child’s guardian. Aperforms the operation in spite of the entreaties of the child, intending, in good faith, thechild’s benefit. A has committed no offence.
(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A
drops the child from the house top, knowing it to be likely that the fall may kill the child, butnot intending to kill the child, and intending, in good faith, the child’s benefit. Here, even ifthe child is killed by the fall, A has committed no offence.
Explanation.— Mere pecuniary benefit is not benefit within the meaning of sections
21, 22 and 23.
31. No communication made in good faith is an offence by reason of any harm to the
person to whom it is made, if it is made for the benefit of that person.
Illustration .
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live.
The patient dies in consequence of the shock. A has committed no offence, though he knewit to be likely that the communication might cause the patient’s death.
32. Except murder, and offences against the State punishable with death, nothing is an
offence which is done by a person who is compelled to do it by threats, which, at the time ofdoing it, reasonably cause the apprehension that instant death to that person will otherwisebe the consequence:
Provided the person doing the act did not of his own accord, or from a reasonable
apprehension of harm to himself short of instant death, place himself in the situation bywhich he became subject to such constraint.
Explanation 1.—A person who, of his own accord, or by reason of a threat of being
beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of thisexception, on the ground of his having been compelled by his associates to do anything thatis an offence by law.
Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant
death, to do a thing which is an offence by law; for example, a smith compelled to take histools and to force the door of a house for the dacoits to enter and plunder it, is entitled to thebenefit of this exception.
33. Nothing is an offence by reason that it causes, or that it is intended to cause, or
that it is known to be likely to cause, any harm, if that harm is so slight that no person ofordinary sense and temper would complain of such harm.
Of the right of private defence
34. Nothing is an offence which is done in the exercise of the right of private defence.
35. Every person has a right, subject to the restrictions contained in section 37, to
defend—
(a) his own body, and the body of any other person, against any offence affecting
the human body;
(b) the property, whether movable or immovable, of himself or of any otherCommunication
made in goodfaith.
Act to which a
personcompelled bythreats.
Act causing
slight harm.
Things done
in privatedefence.
Right of
privatedefence ofbody and ofproperty.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
person, against any act which is an offence falling under the definition of theft, robbery,
mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischiefor criminal trespass.
36. When an act, which would otherwise be a certain offence, is not that offence, by
reason of the youth, the want of maturity of understanding, the mental illness or the intoxicationof the person doing that act, or by reason of any misconception on the part of that person,every person has the same right of private defence against that act which he would have ifthe act were that offence.
Illustration s.
(a) Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence.
But A has the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith,
taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception,commits no offence. But A has the same right of private defence against Z, which he wouldhave if Z were not acting under that misconception.
37. (1) There is no right of private defence,––
(a) against an act which does not reasonably cause the apprehension of death
or of grievous hurt, if done, or attempted to be done, by a public servant acting in goodfaith under colour of his office, though that act, may not be strictly justifiable by law;
(b) against an act which does not reasonably cause the apprehension of death
or of grievous hurt, if done, or attempted to be done, by the direction of a publicservant acting in good faith under colour of his office, though that direction may notbe strictly justifiable by law;
(c) in cases in which there is time to have recourse to the protection of the public
authorities.
(2) The right of private defence in no case extends to the inflicting of more harm than
it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act
done, or attempted to be done, by a public servant, as such, unless he knows or has reasonto believe, that the person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act
done, or attempted to be done, by the direction of a public servant, unless he knows, or hasreason to believe, that the person doing the act is acting by such direction, or unless suchperson states the authority under which he acts, or if he has authority in writing, unless heproduces such authority, if demanded.
38. The right of private defence of the body extends, under the restrictions specified in
section 37, to the voluntary causing of death or of any other harm to the assailant, if theoffence which occasions the exercise of the right be of any of the descriptions hereinafterenumerated, namely:—
(a) such an assault as may reasonably cause the apprehension that death will
otherwise be the consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous
hurt will otherwise be the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
(e) an assault with the intention of kidnapping or abducting;Right of
privatedefenceagainst act ofa person withmental illness,etc.
Acts against
which there isno right ofprivatedefence.
When the
right ofprivatedefence ofbody extendsto causingdeath.
(f) an assault with the intention of wrongfully confining a person, under
circumstances which may reasonably cause him to apprehend that he will be unable tohave recourse to the public authorities for his release;
(g) an act of throwing or administering acid or an attempt to throw or administer
acid which may reasonably cause the apprehension that grievous hurt will otherwisebe the consequence of such act.
39. If the offence be not of any of the descriptions specfied in section 38, the right of
private defence of the body does not extend to the voluntary causing of death to theassailant, but does extend, under the restrictions specified in section 37, to the voluntarycausing to the assailant of any harm other than death.
40. The right of private defence of the body commences as soon as a reasonable
apprehension of danger to the body arises from an attempt or threat to commit the offencethough the offence may not have been committed; and it continues as long as suchapprehension of danger to the body continues.
41. The right of private defence of property extends, under the restrictions specified in
section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if theoffence, the committing of which, or the attempting to commit which, occasions the exerciseof the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
(a) robbery;
(b) house-breaking after sun set and before sun rise;
(c) mischief by fire or any explosive substance committed on any building, tent
or vessel, which building, tent or vessel is used as a human dwelling, or as a place forthe custody of property;
(d) theft, mischief, or house-trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the consequence,if such right of private defence is not exercised.
42. If the offence, the committing of which, or the attempting to commit which occasions
the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of anyof the descriptions specified in section 41, that right does not extend to the voluntarycausing of death, but does extend, subject to the restrictions specified in section 37, to thevoluntary causing to the wrong-doer of any harm other than death.
43. The right of private defence of property,––
(a) commences when a reasonable apprehension of danger to the property
commences;
(b) against theft continues till the offender has effected his retreat with the
property or either the assistance of the public authorities is obtained, or the propertyhas been recovered;
(c) against robbery continues as long as the offender causes or attempts to
cause to any person death or hurt or wrongful restraint or as long as the fear of instantdeath or of instant hurt or of instant personal restraint continues;
(d) against criminal trespass or mischief continues as long as the offender
continues in the commission of criminal trespass or mischief;
(e) against house-breaking after sunset and before sun rise continues as long as
the house-trespass which has been begun by such house-breaking continues.
44. If in the exercise of the right of private defence against an assault which reasonably
causes the apprehension of death, the defender be so situated that he cannot effectuallyWhen suchright extendsto causing anyharm otherthan death.
Commencement
andcontinuance ofright of privatedefence of thebody.
When right of
privatedefence ofpropertyextends tocausing death.
When such
right extendsto causing anyharm otherthan death.
Commencement
andcontinuanceof right ofprivatedefence ofproperty.
Right of private
defence againstdeadly assaultwhen there isrisk of harm toinnocent person.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
exercise that right without risk of harm to an innocent person, his right of private defence
extends to the running of that risk.
Illustration .
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his
right of private defence without firing on the mob, and he cannot fire without risk of harming
young children who are mingled with the mob. A commits no offence if by so firing he harmsany of the children.
CHAPTER IV
O
F ABETMENT , CRIMINAL CONSPIRACY AND ATTEMPT
Of Abetment
45. A person abets the doing of a thing, who—
(a) instigates any person to do that thing; or
(b) engages with one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment
of a material fact which he is bound to disclose, voluntarily causes or procures, or attemptsto cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration .
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing
that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally
causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. —Whoever, either prior to or at the time of the commission of an act,
does anything in order to facilitate the commission of that act, and thereby facilitates the
commission thereof, is said to aid the doing of that act.
46. A person abets an offence, who abets either the commission of an offence, or the
commission of an act which would be an offence, if committed by a person capable by law of
committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1. —The abetment of the illegal omission of an act may amount to an
offence although the abettor may not himself be bound to do that act.
Explanation 2. —To constitute the offence of abetment it is not necessary that the act
abetted should be committed, or that the effect requisite to constitute the offence should becaused.
Illustration s.
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit
murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers
from the wound. A is guilty of instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law
of committing an offence, or that he should have the same guilty intention or knowledge as
that of the abettor, or any guilty intention or knowledge.Abetment of
thing.
Abettor.
Illustration s.
(a) A, with a guilty intention, abets a child or a person with mental illness to commit an
act which would be an offence, if committed by a person capable by law of committing an
offence, and having the same intention as A. Here A, whether the act be committed or not, isguilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age,
to do an act which causes Z’s death. B, in consequence of the abetment, does the act in theabsence of A and thereby causes Z’s death. Here, though B was not capable by law ofcommitting an offence, A is liable to be punished in the same manner as if B had been capableby law of committing an offence, and had committed murder, and he is therefore subject tothe punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of his mental
illness, being incapable of knowing the nature of the act, or that he is doing what is wrong orcontrary to law, sets fire to the house in consequence of A’s instigation. B has committed nooffence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liableto the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging
to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes theproperty out of Z’s possession, in good faith, believing it to be A’s property. B, acting underthis misconception, does not take dishonestly, and therefore does not commit theft. But A isguilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4. —The abetment of an offence being an offence, the abetment of such
an abetment is also an offence.
Illustration .
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and
C commits that offence in consequence of B’s instigation. B is liable to be punished for hisoffence with the punishment for murder; and, as A instigated B to commit the offence, A isalso liable to the same punishment.
Explanation 5. —It is not necessary to the commission of the offence of abetment by
conspiracy that the abettor should concert the offence with the person who commits it. It issufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration .
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison.
B then explains the plan to C mentioning that a third person is to administer the poison, butwithout mentioning A’s name. C agrees to procure the poison, and procures and delivers it toB for the purpose of its being used in the manner explained. A administers the poison; Z diesin consequence. Here, though A and C have not conspired together, yet C has been engagedin the conspiracy in pursuance of which Z has been murdered. C has therefore committed theoffence defined in this section and is liable to the punishment for murder.
47. A person abets an offence within the meaning of this Sanhita who, in India, abets
the commission of any act without and beyond India which would constitute an offence ifcommitted in India.
Illustration .
A, in India, instigates B, a foreigner in country X, to commit a murder in that country,
A is guilty of abetting murder.
48. A person abets an offence within the meaning of this Sanhita who, without and
beyond India, abets the commission of any act in India which would constitute an offence ifcommitted in India.
Abetment inIndia ofoffencesoutside India.
Abetment
outside Indiafor offence inIndia.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
Illustration .
A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.49. Whoever abets any offence shall, if the act abetted is committed in consequence of
the abetment, and no express provision is made by this Sanhita for the punishment of suchabetment, be punished with the punishment provided for the offence.
Explanation. — An act or offence is said to be committed in consequence of abetment,
when it is committed in consequence of the instigation, or in pursuance of the conspiracy, orwith the aid which constitutes the abetment.
Illustration s.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits
that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the
poison and delivers it to B in order that he may administer it to Z. B, in pursuance of theconspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. HereB is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to thepunishment for murder.
50. Whoever abets the commission of an offence shall, if the person abetted does the
act with a different intention or knowledge from that of the abettor, be punished with thepunishment provided for the offence which would have been committed if the act had beendone with the intention or knowledge of the abettor and with no other.
51.When an act is abetted and a different act is done, the abettor is liable for the act
done, in the same manner and to the same extent as if he had directly abetted it:
Provided that the act done was a probable consequence of the abetment, and was
committed under the influence of the instigation, or with the aid or in pursuance of theconspiracy which constituted the abetment.
Illustration s.
(a) A instigates a child to put poison into the food of Z, and gives him poison for that
purpose. The child, in consequence of the instigation, by mistake puts the poison into thefood of Y , which is by the side of that of Z. Here, if the child was acting under the influenceof A’s instigation, and the act done was under the circumstances a probable consequence ofthe abetment, A is liable in the same manner and to the same extent as if he had instigated thechild to put the poison into the food of Y .
(b) A instigates B to burn Z’s house, B sets fire to the house and at the same time
commits theft of property there. A, though guilty of abetting the burning of the house, is notguilty of abetting the theft; for the theft was a distinct act, and not a probable consequenceof the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of
robbery, and provides them with arms for that purpose. B and C break into the house, andbeing resisted by Z, one of the inmates, murder Z. Here, if that murder was the probableconsequence of the abetment, A is liable to the punishment provided for murder.
52. If the act for which the abettor is liable under section 51 is committed in addition to
the act abetted, and constitute a distinct offence, the abettor is liable to punishment for eachof the offences.Punishment ofabetment ifact abetted iscommitted inconsequenceand where noexpressprovision ismade for itspunishment.
Punishment of
abetment ifperson abetteddoes act withdifferentintentionfrom that ofabettor.
Liability of
abettor whenone actabetted anddifferent actdone.
Abettor when
liable tocumulativepunishmentfor act abettedand for actdone.
Illustration .
A instigates B to resist by force a distress made by a public servant. B, in consequence,
resists that distress. In offering the resistance, B voluntarily causes grievous hurt to theofficer executing the distress. As B has committed both the offence of resisting the distress,and the offence of voluntarily causing grievous hurt, B is liable to punishment for both theseoffences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting thedistress, A will also be liable to punishment for each of the offences.
53. When an act is abetted with the intention on the part of the abettor of causing a
particular effect, and an act for which the abettor is liable in consequence of the abetment,causes a different effect from that intended by the abettor, the abettor is liable for the effectcaused, in the same manner and to the same extent as if he had abetted the act with theintention of causing that effect, provided he knew that the act abetted was likely to causethat effect.
Illustration .
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation,
causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurtabetted was likely to cause death, A is liable to be punished with the punishment providedfor murder.
54.Whenever any person, who is absent would be liable to be punished as an abettor,
is present when the act or offence for which he would be punishable in consequence of theabetment is committed, he shall be deemed to have committed such act or offence.
55. (1)Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the abetment,and no express provision is made under this Sanhita for the punishment of such abetment, bepunished with imprisonment of either description for a term which may extend to sevenyears, and shall also be liable to fine.
(2) If any act for which the abettor is liable in consequence of the abetment, and which
causes hurt to any person, is done, the abettor shall be liable to imprisonment of eitherdescription for a term which may extend to fourteen years, and shall also be liable to fine.
Illustration .
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he
would have been subject to the punishment of death or imprisonment for life. Therefore A isliable to imprisonment for a term which may extend to seven years and also to a fine; and ifany hurt be done to Z in consequence of the abetment, he will be liable to imprisonment fora term which may extend to fourteen years, and to fine.
56. (1)Whoever abets an offence punishable with imprisonment shall, if that offence
be not committed in consequence of the abetment, and no express provision is made by thisSanhita for the punishment of such abetment, be punished with imprisonment of anydescription provided for that offence for a term which may extend to one-fourth part of thelongest term provided for that offence; or with such fine as is provided for that offence, orwith both.
(2) If the abettor or the person abetted is a public servant, whose duty it is to prevent
the commission of such offence, the abettor shall be punished with imprisonment of anydescription provided for that offence, for a term which may extend to one-half of the longestterm provided for that offence, or with such fine as is provided for the offence, or with both.
Illustration s.
(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has
nevertheless committed the offence defined in this section, and is punishable accordingly.Liability ofabettor foreffect causedby act abetteddifferent fromthat intendedby abettor.
Abettor
present whenoffence iscommitted.
Abetment of
offencepunishablewith death orimprisonmentfor life.
Abetment of
offencepunishablewithimprisonment.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27
(b) A, a police-officer, whose duty it is to prevent robbery, abets the commission of
robbery. Here, though the robbery be not committed, A is liable to one-half of the longestterm of imprisonment provided for that offence, and also to fine.
(c) B abets the commission of a robbery by A, a police-officer, whose duty it is to
prevent that offence. Here, though the robbery be not committed, B is liable to one-half of thelongest term of imprisonment provided for the offence of robbery, and also to fine.
57. Whoever abets the commission of an offence by the public generally or by any
number or class of persons exceeding ten, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years and with fine.
Illustration .
A affixes in a public place a placard instigating a sect consisting of more than ten
members to meet at a certain time and place, for the purpose of attacking the members of anadverse sect, while engaged in a procession. A has committed the offence defined in thissection.
58. Whoever intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence punishable with death or imprisonment for life,voluntarily conceals by any act or illegal omission, or by the use of encryption or any otherinformation hiding tool, the existence of a design to commit such offence or makes anyrepresentation which he knows to be false respecting such design shall,––
(a) if that offence be committed, be punished with imprisonment of either
description for a term which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for
a term which may extend to three years,
and shall also be liable to fine.
Illustration .
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate
that a dacoity is about to be committed at C, a place in an opposite direction, and therebymisleads the Magistrate with intent to facilitate the commission of the offence. The dacoityis committed at B in pursuance of the design. A is punishable under this section.
59. Whoever, being a public servant, intending to facilitate or knowing it to be likely
that he will thereby facilitate the commission of an offence which it is his duty as such publicservant to prevent, voluntarily conceals, by any act or illegal omission or by the use ofencryption or any other information hiding tool, the existence of a design to commit suchoffence, or makes any representation which he knows to be false respecting such designshall,––
(a) if the offence be committed, be punished with imprisonment of any description
provided for the offence, for a term which may extend to one-half of the longest term ofsuch imprisonment, or with such fine as is provided for that offence, or with both; or
(b) if the offence be punishable with death or imprisonment for life, with
imprisonment of either description for a term which may extend to ten years; or
(c) if the offence be not committed, shall be punished with imprisonment of any
description provided for the offence for a term which may extend to one-fourth part ofthe longest term of such imprisonment or with such fine as is provided for the offence,or with both.
Illustration .
A, an officer of police, being legally bound to give information of all designs to commit
robbery which may come to his knowledge, and knowing that B designs to commit robbery,omits to give such information, with intent to so facilitate the commission of that offence.Abettingcommission ofoffence bypublic or bymore than tenpersons.
Concealing
design tocommitoffencepunishablewith death orimprisonmentfor life.
Public servant
concealingdesign tocommitoffence whichit is his dutyto prevent.
Here A has by an illegal omission concealed the existence of B’s design, and is liable to
punishment according to the provision of this section.
60. Whoever, intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence punishable with imprisonment, voluntarily conceals,by any act or illegal omission, the existence of a design to commit such offence, or makes anyrepresentation which he knows to be false respecting such design shall,––
(a) if the offence be committed, be punished with imprisonment of the description
provided for the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth, of the longest term of such
imprisonment, or with such fine as is provided for the offence, or with both.
Of Criminal conspiracy
61. (1)When two or more persons agree to do, or cause to be done––
(a) an illegal act; or
(b) an act which is not illegal by illegal means, such an agreement is designated
a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to
a criminal conspiracy unless some act besides the agreement is done by one or more partiesto such agreement in pursuance thereof.
Explanation.— It is immaterial whether the illegal act is the ultimate object of such
agreement, or is merely incidental to that object.
(2) Whoever is a party to a criminal conspiracy,––
(a) to commit an offence punishable with death, imprisonment for life or rigorous
imprisonment for a term of two years or upwards, shall, where no express provision ismade in this Sanhita for the punishment of such a conspiracy, be punished in the samemanner as if he had abetted such offence;
(b) other than a criminal conspiracy to commit an offence punishable as aforesaid
shall be punished with imprisonment of either description for a term not exceeding sixmonths, or with fine or with both.
Of attempt
62. Whoever attempts to commit an offence punishable by this Sanhita with
imprisonment for life or imprisonment, or to cause such an offence to be committed, and insuch attempt does any act towards the commission of the offence, shall, where no expressprovision is made by this Sanhita for the punishment of such attempt, be punished withimprisonment of any description provided for the offence, for a term which may extend toone-half of the imprisonment for life or, as the case may be, one-half of the longest term ofimprisonment provided for that offence, or with such fine as is provided for the offence, orwith both.
Illustration .
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so
opening the box, that there is no jewel in it. He has done an act towards the commission oftheft, and therefore is guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A
fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under thissection.Concealingdesign tocommitoffencepunishablewithimprisonment.
Criminal
conspiracy.
Punishment for
attempting tocommitoffencespunishable withimprisonmentfor life orotherimprisonment.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILDREN
Of Sexual offences
63. A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of
a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis,
into the vagina, the urethra or anus of a woman or makes her to do so with him or anyother person; or
(c) manipulates any part of the body of a woman so as to cause penetration into
the vagina, urethra, anus or any part of body of such woman or makes her to do so withhim or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do
so with him or any other person,
under the circumstances falling under any of the following seven descriptions: —
(i) against her will.
(ii) without her consent.
(iii) with her consent, when her consent has been obtained by putting her or
any person in whom she is interested, in fear of death or of hurt.
(iv) with her consent, when the man knows that he is not her husband and that
her consent is given because she believes that he is another man to whom she is orbelieves herself to be lawfully married.
(v) with her consent when, at the time of giving such consent, by reason of
mental illness or intoxication or the administration by him personally or through anotherof any stupefying or unwholesome substance, she is unable to understand the natureand consequences of that to which she gives consent.
(vi) with or without her consent, when she is under eighteen years of age.
(vii) when she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia
majora.
Explanation 2. —Consent means an unequivocal voluntary agreement when the woman
by words, gestures or any form of verbal or non-verbal communication, communicateswillingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall
not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception. 1––A medical procedure or intervention shall not constitute rape.
Exception. 2––Sexual intercourse or sexual acts by a man with his own wife, the wife
not being under eighteen years of age, is not rape.
64. (1)Whoever, except in the cases provided for in sub-section ( 2), commits rape,
shall be punished with rigorous imprisonment of either description for a term which shall notbe less than ten years, but which may extend to imprisonment for life, and shall also be liableto fine.
(2) Whoever,—
(a) being a police officer, commits rape,—Rape.
Punishment
for rape.
(i) within the limits of the police station to which such police officer is
appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a
police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s
custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central
Government or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place
of custody established by or under any law for the time being in force or of a women’sor children’s institution, commits rape on any inmate of such jail, remand home, placeor institution; or
(e) being on the management or on the staff of a hospital, commits rape on a
woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or
authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on
such woman; or
(k) commits rape on a woman suffering from mental illness or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or
endangers the life of a woman; or
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten
years, but which may extend to imprisonment for life, which shall mean imprisonment for theremainder of that person’s natural life, and shall also be liable to fine.
Explanation. —For the purposes of this sub-section,—
(a) “armed forces” means the naval, army and air forces and includes any member
of the Armed Forces constituted under any law for the time being in force, includingthe paramilitary forces and any auxiliary forces that are under the control of the CentralGovernment or the State Government;
(b) “hospital” means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence or ofpersons requiring medical attention or rehabilitation;
(c) “police officer” shall have the same meaning as assigned to the expression
“police” under the Police Act, 1861;
(d) “women’s or children’s institution” means an institution, whether called an
orphanage or a home for neglected women or children or a widow’s home or aninstitution called by any other name, which is established and maintained for thereception and care of women or children.
5 of 1861.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31
65. (1) Whoever, commits rape on a woman under sixteen years of age shall be
punished with rigorous imprisonment for a term which shall not be less than twenty years,but which may extend to imprisonment for life, which shall mean imprisonment for theremainder of that person’s natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the
victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished
with rigorous imprisonment for a term which shall not be less than twenty years, but whichmay extend to imprisonment for life, which shall mean imprisonment for the remainder of thatperson’s natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.66. Whoever, commits an offence punishable under sub-section ( 1) or sub-section ( 2)
of section 64 and in the course of such commission inflicts an injury which causes the deathof the woman or causes the woman to be in a persistent vegetative state, shall be punishedwith rigorous imprisonment for a term which shall not be less than twenty years, but whichmay extend to imprisonment for life, which shall mean imprisonment for the remainder of thatperson’s natural life, or with death.
67. Whoever has sexual intercourse with his own wife, who is living separately, whether
under a decree of separation or otherwise, without her consent, shall be punished withimprisonment of either description for a term which shall not be less than two years butwhich may extend to seven years, and shall also be liable to fine.
Explanation.— In this section, “sexual intercourse” shall mean any of the acts mentioned
in clauses ( a) to ( d) of section 63.
68. Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of custody
established by or under any law for the time being in force, or a women’s or children’sinstitution; or
(d) on the management of a hospital or being on the staff of a hospital, abuses
such position or fiduciary relationship to induce or seduce any woman either in hiscustody or under his charge or present in the premises to have sexual intercourse withhim, such sexual intercourse not amounting to the offence of rape,
shall be punished with rigorous imprisonment of either description for a term which shall not
be less than five years, but which may extend to ten years, and shall also be liable to fine.
Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts
mentioned in clauses ( a) to ( d) of section 63.
Explanation 2.—For the purposes of this section, Explanation 1 to section 63 shall
also be applicable.
Explanation 3. —“Superintendent”, in relation to a jail, remand home or other place of
custody or a women’s or children’s institution, includes a person holding any other office insuch jail, remand home, place or institution by virtue of which such person can exercise anyauthority or control over its inmates.Punishmentfor rape incertain cases.
Punishment
for causingdeath orresulting inpersistentvegetativestate ofvictim.
Sexual
intercourse byhusband uponhis wife duringseparation orby person inauthority.
Sexual
intercourse byperson inauthority.
Explanation 4.—The expressions “hospital” and “women’s or children’s institution”
shall respectively have the same meaning as in Explanation to sub-section ( 2) of section 64.
69. Whoever, by deceitful means or making by promise to marry to a woman without
any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercoursenot amounting to the offence of rape, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years and shall also be liable to fine.
Explanation.––– “deceitful means” shall include the false promise of employment or
promotion, inducement or marring after suppressing identity.
70. (1)Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committedthe offence of rape and shall be punished with rigorous imprisonment for a term which shallnot be less than twenty years, but which may extend to life which shall mean imprisonmentfor the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the
victim.
(2) Where a woman under eighteen years of age is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each of those personsshall be deemed to have committed the offence of rape and shall be punished withimprisonment for life, which shall mean imprisonment for the remainder of that person’snatural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the
victim.
71. Whoever has been previously convicted of an offence punishable under
section 63 or section 64 or section 65 or section 66 or section 67 and is subsequentlyconvicted of an offence punishable under any of the said sections shall be punished withimprisonment for life which shall mean imprisonment for the remainder of that person’snatural life, or with death.
72. (1) Whoever prints or publishes the name or any matter which may make known
the identity of any person against whom an offence under section 63 or section 64 or section65 or section 66 or section 67 or section 68 is alleged or found to have been committed(hereafter in this section referred to as the victim) shall be punished with imprisonment ofeither description for a term which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section ( 1) extends to any printing or publication of the name or
any matter which may make known the identity of the victim if such printing or publicationis—
(a) by or under the order in writing of the officer-in-charge of the police station
or the police officer making the investigation into such offence acting in good faith forthe purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or minor or person with mental illness, by, or with the
authorisation in writing of, the next of kin of the victim:
Provided that no such authorisation shall be given by the next of kin to anybody
other than the chairman or the secretary, by whatever name called, of any recognisedwelfare institution or organisation.Sexualintercourseby employingdeceitfulmeans, etc.
Gang rape.
Punishment
for repeatoffenders.
Disclosure of
identity ofvictim ofcertainoffences, etc.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
Explanation.— For the purposes of this sub-section, “recognised welfare institution
or organisation” means a social welfare institution or organisation recognised in this behalfby the Central Government or State Government.
(3) Whoever prints or publishes any matter in relation to any proceeding before a
court with respect to an offence referred to in sub-section ( 1) without the previous permission
of such court shall be punished with imprisonment of either description for a term which mayextend to two years and shall also be liable to fine.
Explanation.— The printing or publication of the judgment of any High Court or the
Supreme Court does not amount to an offence within the meaning of this section.
Of criminal force and assult against women
73. Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will there by outrage her modesty, shall be punished withimprisonment of either description for a term which shall not be less than one year but whichmay extend to five years, and shall also be liable to fine.
74. (1) A man committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual
overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause ( i) or clause ( ii) or clause ( iii)
of sub-section ( 1) shall be punished with rigorous imprisonment for a term which may extend
to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause ( iv) of sub-section ( 1) shall
be punished with imprisonment of either description for a term which may extend to one year,or with fine, or with both.
75. Whoever assaults or uses criminal force to any woman or abets such act with the
intention of disrobing or compelling her to be naked, shall be punished with imprisonment ofeither description for a term which shall not be less than three years but which may extend toseven years, and shall also be liable to fine.
76. Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being observed eitherby the perpetrator or by any other person at the behest of the perpetrator or disseminatessuch image shall be punished on first conviction with imprisonment of either description fora term which shall not be less than one year, but which may extend to three years, and shallalso be liable to fine, and be punished on a second or subsequent conviction, with imprisonmentof either description for a term which shall not be less than three years, but which may extendto seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be expected toprovide privacy and where the victim’s genitals, posterior or breasts are exposed or coveredonly in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that isnot of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act,
but not to their dissemination to third persons and where such image or act is disseminated,such dissemination shall be considered an offence under this section.Assault orcriminal forceto womanwith intent tooutrage hermodesty.
Sexual
harassmentandpunishmentfor sexualharassment.
Assault or use
of criminalforce towoman withintent todisrobe.
Voyeurism.
77. (1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster
personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of
electronic communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it
proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man
accused of stalking had been entrusted with the responsibility of prevention anddetection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with
imprisonment of either description for a term which may extend to three years, and shall alsobe liable to fine; and be punished on a second or subsequent conviction, with imprisonmentof either description for a term which may extend to five years, and shall also be liable to fine.
78. Whoever, intending to insult the modesty of any woman, utters any words, makes
any sound or gesture, or exhibits any object in any form, intending that such word or soundshall be heard, or that such gesture or object shall be seen, by such woman, or intrudes uponthe privacy of such woman, shall be punished with simple imprisonment for a term which mayextend to three years, and also with fine.
Of offences relating to marriage
79. (1) Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and it isshown that soon before her death she was subjected to cruelty or harassment by her husbandor any relative of her husband for, or in connection with, any demand for dowry, such deathshall be called “dowry death”, and such husband or relative shall be deemed to have causedher death.
Explanation.— For the purposes of this sub-section, “dowry” shall have the same
meaning as in section 2 of the Dowry Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment for life.
80. Every man who by deceit causes any woman who is not lawfully married to him to
believe that she is lawfully married to him and to cohabit or have sexual intercourse with him
in that belief, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
81. (1) Whoever, having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such husband or wife, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Exception.— This sub-section does not extend to any person whose marriage with
such husband or wife has been declared void by a Court of competent jurisdiction, nor to
any person who contracts a marriage during the life of a former husband or wife, if such
husband or wife, at the time of the subsequent marriage, shall have been continually absentStalking.
Word, gesture
or actintended toinsult modestyof woman.
Dowry death.
Cohabitation
caused by mandeceitfullyinducingbelief of lawfulmarriage.
Marrying
again duringlifetime ofhusband orwife.28 of 1961.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35
from such person for the space of seven years, and shall not have been heard of by such
person as being alive within that time provided the person contracting such subsequentmarriage shall, before such marriage takes place, inform the person with whom such marriageis contracted of the real state of facts so far as the same are within his or her knowledge.
(2) Whoever commits the offence under sub-section ( 1) having concealed from the
person with whom the subsequent marriage is contracted, the fact of the former marriage,shall be punished with imprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine.
82. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony
of being married, knowing that he is not thereby lawfully married, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
83. Whoever takes or entices away any woman who is and whom he knows or has
reason to believe to be the wife of any other man,with intent that she may have illicit intercoursewith any person, or conceals or detains with that intent any such woman, shall be punishedwith imprisonment of either description for a term which may extend to two years, or withfine, or with both.
84. Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which may extend tothree years and shall also be liable to fine.
Explanation.— For the purposes of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to life, limb or health (whethermental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand for any property orvaluable security or is on account of failure by her or any person related to her to meetsuch demand.
85. Whoever kidnaps or abducts any woman with intent that she may be compelled, or
knowing it to be likely that she will be compelled, to marry any person against her will, or inorder that she may be forced or seduced to illicit intercourse, or knowing it to be likely thatshe will be forced or seduced to illicit intercourse, shall be punished with imprisonment ofeither description for a term which may extend to ten years, and shall also be liable to fine;and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse ofauthority or any other method of compulsion, induces any woman to go from any place withintent that she may be, or knowing that it is likely that she will be, forced or seduced to illicitintercourse with another person shall also be punishable as aforesaid.
Of the causing of miscarriage, etc.
86. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage
be not caused in good faith for the purpose of saving the life of the woman, be punished withimprisonment of either description for a term which may extend to three years, or with fine, orwith both; and, if the woman be quick with child, shall be punished with imprisonment ofeither description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.— A woman who causes herself to miscarry, is within the meaning of this section.
87. Whoever commits the offence under section 86 without the consent of the woman,
whether the woman is quick with child or not, shall be punished with imprisonment for life, orwith imprisonment of either description for a term which may extend to ten years, and shallalso be liable to fine.Marriageceremonyfraudulentlygone throughwithout lawfulmarriage.
Enticing or
taking away ordetaining withcriminalintent marriedwoman.
Husband or
relative ofhusband ofwomansubjecting herto cruelty.
Kidnapping,
abducting orinducingwoman tocompel hermarriage, etc.
Causing
miscarriage.
Causing
miscarriagewithout woman'sconsent.
88. (1) Whoever, with intent to cause the miscarriage of a woman with child, does any
act which causes the death of such woman, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
(2) Where the act referred to in sub-section ( 1) is done without the consent of the
woman, shall be punishable either with imprisonment for life, or with the punishment specifiedin said sub-section.
Explanation.— It is not essential to this offence that the offender should know that
the act is likely to cause death.
89. Whoever before the birth of any child does any act with the intention of thereby
preventing that child from being born alive or causing it to die after its birth, and does bysuch act prevent that child from being born alive, or causes it to die after its birth, shall, ifsuch act be not caused in good faith for the purpose of saving the life of the mother, bepunished with imprisonment of either description for a term which may extend to ten years,or with fine, or with both.
90. Whoever does any act under such circumstances, that if he thereby caused death
he would be guilty of culpable homicide, and does by such act cause the death of a quickunborn child, shall be punished with imprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.
Illustration .
A, knowing that he is likely to cause the death of a pregnant woman, does an act
which, if it caused the death of the woman, would amount to culpable homicide. The womanis injured, but does not die; but the death of an unborn quick child with which she ispregnant is thereby caused. A is guilty of the offence defined in this section.
Of offences against children
91. Whoever being the father or mother of a child under the age of twelve years, or
having the care of such child, shall expose or leave such child in any place with the intentionof wholly abandoning such child, shall be punished with imprisonment of either descriptionfor a term which may extend to seven years, or with fine, or with both.
Explanation.— This section is not intended to prevent the trial of the offender for
murder or culpable homicide, as the case may be, if the child die in consequence of theexposure.
92. Whoever, by secretly burying or otherwise disposing of the dead body of a child
whether such child die before or after or during its birth, intentionally conceals or endeavoursto conceal the birth of such child, shall be punished with imprisonment of either descriptionfor a term which may extend to two years, or with fine, or with both.
93. Whoever hires, employs or engages any person below the age of eighteen years
to commit an offence shall be punished with imprisonment of either description or fineprovided for that offence as if the offence has been committed by such person himself.
Explanation.— Hiring, employing, engaging or using a child for sexual exploitation or
pornography is covered within the meaning of this section.
94. Whoever, by any means whatsoever, induces any child below the age of eighteen
years to go from any place or to do any act with intent that such child below the age ofeighteen years may be, or knowing that it is likely that such child will be, forced or seducedto illicit intercourse with another person shall be punishable with imprisonment which mayextend to ten years, and shall also be liable to fine.
95. Whoever kidnaps or abducts any child under the age of ten years with the intention
of taking dishonestly any movable property from the person of such child, shall be punishedwith imprisonment of either description for a term which may extend to seven years, and shallalso be liable to fine.Death causedby act donewith intent tocausemiscarriage.
Act done with
intent toprevent childbeing bornalive or tocause it to dieafter birth.
Causing death
of quickunborn childby actamounting toculpablehomicide.
Exposure and
abandonmentof child undertwelve years,by parent orperson havingcare of it.
Concealment
of birth bysecret disposalof dead body.
Hiring,
employing orengaging achild tocommit anoffence.
Procuration of
child.
Kidnapping or
abducting child
under ten years
with intent tosteal from itsperson.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37
96. Whoever sells, lets to hire, or otherwise disposes of child below eighteen years of
age with intent that such child shall at any age be employed or used for the purpose ofprostitution or illicit intercourse with any person or for any unlawful and immoral purpose, orknowing it to be likely that such person will at any age be employed or used for any suchpurpose, shall be punished with imprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.
Explanation 1.—When a female under the age of eighteen years is sold, let for hire, or
otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, theperson so disposing of such female shall, until the contrary is proved, be presumed to havedisposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2.—For the purposes of this section “illicit intercourse” means sexual
intercourse between persons not united by marriage or by any union or tie which, thoughnot amounting to a marriage, is recognised by the personal law or custom of the communityto which they belong or, where they belong to different communities, of both suchcommunities, as constituting between them a quasi -marital relation.
97. Whoever buys, hires or otherwise obtains possession of any child below the age
of eighteen years with intent that such person shall at any age be employed or used for thepurpose of prostitution or illicit intercourse with any person or for any unlawful and immoralpurpose, or knowing it to be likely that such child will at any age be employed or used for anysuch purpose, shall be punished with imprisonment of either description for a term whichshall not be less than seven years but which may extend to fourteen years, and shall also beliable to fine.
Explanation 1.—Any prostitute or any person keeping or managing a brothel, who
buys, hires or otherwise obtains possession of a female under the age of eighteen yearsshall, until the contrary is proved, be presumed to have obtained possession of such femalewith the intent that she shall be used for the purpose of prostitution.
Explanation 2.—“Illicit intercourse” has the same meaning as in section 96.
CHAPTER VI
O
F OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
98. Whoever causes death by doing an act with the intention of causing death,
or with the intention of causing such bodily injury as is likely to cause death, or with theknowledge that he is likely by such act to cause death, commits the offence of culpablehomicide.
Illustration s.
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with
the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm,treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or
knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z.Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush;
A not knowing that he was there. Here, although A was doing an unlawful act, he was notguilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an actthat he knew was likely to cause death.
Explanation 1.—A person who causes bodily injury to another who is labouring
under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other,shall be deemed to have caused his death.Selling childfor purposesofprostitution,etc.
Buying child
for purposes ofprostitution,etc.
Culpable
homicide.
Explanation 2.—Where death is caused by bodily injury, the person who causes such
bodily injury shall be deemed to have caused the death, although by resorting to properremedies and skilful treatment the death might have been prevented.
Explanation 3.—The causing of the death of a child in the mother’s womb is not
homicide. But it may amount to culpable homicide to cause the death of a living child, if anypart of that child has been brought forth, though the child may not have breathed or beencompletely born.
99. Except in the cases hereinafter excepted, culpable homicide is murder,––
(a) if the act by which the death is caused is done with the intention of causing
death; or
(b) if the act by which the death is caused is done with the intention of causing
such bodily injury as the offender knows to be likely to cause the death of the personto whom the harm is caused; or
(c) if the act by which the death is caused is done with the intention of causing
bodily injury to any person and the bodily injury intended to be inflicted is sufficientin the ordinary course of nature to cause death; or
(d) if the person committing the act by which the death is caused, knows that it
is so imminently dangerous that it must, in all probability, cause death, or such bodilyinjury as is likely to cause death, and commits such act without any excuse for incurring
the risk of causing death or such injury as aforesaid.
Illustration s.
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits
murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause
his death, strikes him with the intention of causing bodily injury. Z dies in consequence of
the blow. A is guilty of murder, although the blow might not have been sufficient in the
ordinary course of nature to cause the death of a person in a sound state of health. But if A,not knowing that Z is labouring under any disease, gives him such a blow as would not in the
ordinary course of nature kill a person in a sound state of health, here A, although he may
intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, orsuch bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of
a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder,although he may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one
of them. A is guilty of murder, although he may not have had a premeditated design to kill anyparticular individual.
Exception 1.—Culpable homicide is not murder if the offender, whilst deprived of the
power of self-control by grave and sudden provocation, causes the death of the person whogave the provocation or causes the death of any other person by mistake or accident:
Provided that the provocation is not,––
(a) sought or voluntarily provoked by the offender as an excuse for killing or
doing harm to any person;
(b) given by anything done in obedience to the law, or by a public servant in the
lawful exercise of the powers of such public servant;
(c) given by anything done in the lawful exercise of the right of private defence.
Explanation.— Whether the provocation was grave and sudden enough to prevent
the offence from amounting to murder is a question of fact.Murder.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39
Illustration s.
(a) A, under the influence of passion excited by a provocation given by Z, intentionally
kills Y , Z’s child. This is murder, in as much as the provocation was not given by the child, andthe death of the child was not caused by accident or misfortune in doing an act caused by theprovocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at
Y , neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight.A kills Z. Here A has not committed murder, but merely culpable homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by
the arrest, and kills Z. This is murder, in as much as the provocation was given by a thingdone by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a
word of A’s deposition, and that A has perjured himself. A is moved to sudden passion bythese words, and kills Z. This is murder.
(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays
hold of A to prevent him from doing so. A is moved to sudden and violent passion inconsequence, and kills Z. This is murder, in as much as the provocation was giving by a thing
done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending
to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for thatpurpose. B kills Z with the knife. Here B may have committed only culpable homicide, but Ais guilty of murder.
Exception 2.— Culpable homicide is not murder if the offender in the exercise in good
faith of the right of private defence of person or property, exceeds the power given to him by
law and causes the death of the person against whom he is exercising such right of defencewithout premeditation, and without any intention of doing more harm than is necessary forthe purpose of such defence.
Illustration .
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A
draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other
means prevent himself from being horsewhipped, shoots Z dead. A has not committedmurder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant
or aiding a public servant acting for the advancement of public justice, exceeds the powersgiven to him by law, and causes death by doing an act which he, in good faith, believes to be
lawful and necessary for the due discharge of his duty as such public servant and without
ill-will towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation
in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’shaving taken undue advantage or acted in a cruel or unusual manner.
Explanation.— It is immaterial in such cases which party offers the provocation or
commits the first assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused,
being above the age of eighteen years, suffers death or takes the risk of death with his ownconsent.
Illustration .
A, by instigation, voluntarily causes Z, a person under eighteen years of age to
commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to hisown death; A has therefore abetted murder.
100. If a person, by doing anything which he intends or knows to be likely to cause
death, commits culpable homicide by causing the death of any person, whose death heneither intends nor knows himself to be likely to cause, the culpable homicide committed bythe offender is of the description of which it would have been if he had caused the death ofthe person whose death he intended or knew himself to be likely to cause.
101. (1) Whoever commits murder shall be punished with death or imprisonment for
life, and shall also be liable to fine.
(2) When a group of five or more persons acting in concert commits murder on the
ground of race, caste or community, sex, place of birth, language, personal belief or any otherground each member of such group shall be punished with death or with imprisonment forlife or imprisonment for a term which shall not be less than seven years, and shall also beliable to fine.
102. Whoever, being under sentence of imprisonment for life, commits murder, shall be
punished with death or with imprisonment for life, which shall mean the remainder of thatperson’s natural life.
103. Whoever commits culpable homicide not amounting to murder, shall be punished
with imprisonment for life, or imprisonment of either description for a term which shall not beless than five years but which may extend to ten years, and shall also be liable to fine, if theact by which the death is caused is done with the intention of causing death, or of causingsuch bodily injury as is likely to cause death; or with imprisonment of either description fora term which may extend to ten years and with fine, if the act is done with the knowledge thatit is likely to cause death, but without any intention to cause death, or to cause such bodilyinjury as is likely to cause death.
104. (1) Whoever causes the death of any person by doing any rash or negligent act
not amounting to culpable homicide, shall be punished with imprisonment of either descriptionfor a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever causes death of any person by doing any rash or negligent act not
amounting to culpable homicide and escapes from the scene of incident or fails to report theincident to a Police officer or Magistrate soon after the incident, shall be punished withimprisonment of either description of a term which may extend to ten years, and shall also beliable to fine.
105. If any person under eighteen years of age, any person with mental illness, any
delirious person or any person in a state of intoxication, commits suicide, whoever abets thecommission of such suicide, shall be punished with death or imprisonment for life, orimprisonment for a term not exceeding ten years, and shall also be liable to fine.
106. If any person commits suicide, whoever abets the commission of such suicide,
shall be punished with imprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine.
107. (1) Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder, shall bepunished with imprisonment of either description for a term which may extend to ten years,and shall also be liable to fine; and if hurt is caused to any person by such act, the offendershall be liable either to imprisonment for life, or to such punishment as is hereinbeforementioned.
(2) When any person offending under sub-section ( 1) is under sentence of imprisonment
for life, he may, if hurt is caused, be punished with death or with imprisonment for life, whichshall mean the remainder of that person’s natural life.Culpablehomicide bycausing deathof personother thanperson whosedeath wasintended.
Punishment
for murder.
Punishment
for murder bylife-convict.
Punishment
for culpablehomicide notamounting tomurder.
Causing death
by negligence.
Abetment of
suicide of childor person withmental illness.
Abetment of
suicide.
Attempt to
murder.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41
Illustration s.
(a) A shoots at Z with intention to kill him, under such circumstances that, if death
ensued A would be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a
desert place. A has committed the offence defined by this section, though the death of thechild does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the
offence. A fires the gun at Z. He has committed the offence defined in this section, and, if bysuch firing he wounds Z, he is liable to the punishment provided by the latter part of the firstparagraph of this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with
food which remains in A’s keeping; A has not yet committed the offence defined in thissection. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. Ahas committed the offence defined in this section.
108. Whoever does any act with such intention or knowledge and under such
circumstances that, if he by that act caused death, he would be guilty of culpable homicidenot amounting to murder, shall be punished with imprisonment of either description for aterm which may extend to three years, or with fine, or with both; and, if hurt is caused to anyperson by such act, shall be punished with imprisonment of either description for a termwhich may extend to seven years, or with fine, or with both.
Illustration .
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that
if he thereby caused death he would be guilty of culpable homicide not amounting to murder.A has committed the offence defined in this section.
109. (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft,
extortion, land grabbing, contract killing, economic offences, cyber-crimes having severeconsequences, trafficking in people, drugs, illicit goods or services and weapons, humantrafficking racket for prostitution or ransom by the effort of groups of individuals acting inconcert, singly or jointly, either as a member of an organised crime syndicate or on behalf ofsuch syndicate, by use of violence, threat of violence, intimidation, coercion, corruption orrelated activities or other unlawful means to obtain direct or indirect, material benefit includinga financial benefit, shall constitute organised crime.
Explanation.— For the purposes of this sub-section,––
(i) ‘‘benefit’’ includes property, advantage, service, entertainment, the use of or
access to property or facilities, and anything of benefit to a person whether or not ithas any inherent or tangible value, purpose or attribute;
(ii) “organised crime syndicate” means a criminal organisation or group of three
or more persons who, acting either singly or collectively in concert, as a syndicate,gang, mafia, or (crime) ring indulging in commission of one or more serious offences orinvolved in gang criminality, racketeering, and syndicated organised crime;
(iii) “continuing unlawful activity” means an activity prohibited by law, which is
a cognizable offence undertaken either singly or jointly, as a member of an organisedcrime syndicate or on behalf of such syndicate in respect of which more than onecharge-sheets have been filed before a competent court within the preceding period often years and that court has taken cognizance of such offence;
(iv) “economic offences” include criminal breach of trust; for gery, counterfeiting
of currency and valuable securities, financial scams, running Ponzi schemes,mass-marketing fraud or multi-level marketing schemes with a view to defraud thepeople at large for obtaining the monetary benefits or large scale organised betting inany form, offences of money laundering and hawala transactions.Attempt to
commitculpablehomicide.
Organised
crime.
(2) Whoever, attempts to commit or commits an offence of organised crime shall,—
(i) if such offence has resulted in the death of any person, be punishable with
death or imprisonment for life and shall also be liable to fine which shall not be lessthan rupees ten lakhs;
(ii) in any other case, be punishable with imprisonment for a term which shall not
be less than five years but which may extend to imprisonment for life and shall also beliable to fine which shall not be less than rupees five lakhs.
(3) Whoever, conspires or organises the commission of an organised crime, or assists,
facilitates or otherwise engages in any act preparatory to an organised crime, shall bepunishable with imprisonment for a term which shall not be less than five years but whichmay extend to imprisonment for life and shall also be liable to fine which shall not be less thanrupees five lakhs.
(4) Any person who is a member of an organised crime syndicate shall be punishable
with imprisonment for a term which shall not be less than five years but which may extend toimprisonment for life and shall also be liable to fine which shall not be less than rupeesfive lakhs.
(5) Whoever, intentionally harbours or conceals or attempts to harbour or conceal any
person who has committed the offence of an organised crime or any member of an organisedcrime syndicate or believes that his act will encourage or assist the doing of such crime shallbe punishable with imprisonment for a term which shall not be less than three years butwhich may extend to imprisonment for life and shall also be liable to fine which shall not beless than rupees five lakhs:
Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the spouse of the offender.
(6) Whoever, holds any property derived, or obtained from the commission of an
organised crime or proceeds of any organised crime or which has been acquired through theorganised crime syndicate funds shall be punishable with imprisonment for a term whichshall not be less than three years but which may extend to imprisonment for life and shall alsobe liable to fine which shall not be less than rupees two lakhs.
(7) If any person on behalf of a member of an organised crime syndicate is, or at any
time has been in possession of movable or immovable property which he cannot satisfactorilyaccount for, shall be punishable with imprisonment for a term which shall not be less thanthree years but which may extend to imprisonment for ten years and shall also be liable to finewhich shall not be less than rupees one lakh and such property shall also be liable forattachment and forfeiture.
Explanation.–– For the purposes of this section, “proceeds of any organised crime”
means all kind of properties which have been derived or obtained from commission of anyorganised crime or have acquired through funds traceable to any organised crime and shallinclude cash, irrespective of person in whose name such proceeds are standing or in whosepossession they are found.
110. (1) Any crime that causes general feelings of insecurity among citizens relating to
theft of vehicle or theft from vehicle, domestic and business theft, trick theft, cargo crime,theft (attempt to theft, theft of personal property), organised pick pocketing, snatching, theftthrough shoplifting or card skimming and Automated Teller Machine thefts or procuringmoney in unlawful manner in public transport system or illegal selling of tickets and sellingof public examination question papers and such other common forms of organised crimecommitted by organised criminal groups or gangs, shall constitute petty organised crimesand shall include the said crimes when committed by mobile organised crime groups organgs that create network of contacts, anchor points, and logistical support among themselvesto carry out number of offences in region over a period before moving on.
(2) Whoever commits or attempts to commit any petty organised crime, under
sub-section ( 1) shall be punished with imprisonment for a term which shall not be less than
one year but which may extend to seven years, and shall also be liable to fine.
Pettyorganisedcrime ororganisedcrime ingeneral.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43
111. (1) A person is said to have committed a terrorist act if he commits any act in India
or in any foreign country with the intention to threaten the unity, integrity and security ofIndia, to intimidate the general public or a segment thereof, or to disturb public order by
doing an act,––
(i) using bombs, dynamite or any other explosive substance or inflammable
material or firearms or other lethal weapons or poison or noxious gases or other chemicals
or any other substance (whether biological or otherwise) hazardous in nature in sucha manner so as to create an atmosphere or spread a message of fear, to cause death or
serious bodily harm to any person, or endangers a person’s life;
(ii) to cause damage or loss due to damage or destruction of property or disruption
of any supplies or services essential to the life of the community, destruction of a
Government or public facility, public place or private property;
(iii) to cause extensive interference with, damage or destruction to critical
infrastructure;
(iv) to provoke or influence by intimidation the Government or its organisation,
in such a manner so as to cause or likely to cause death or injury to any public
functionary or any person or an act of detaining any person and threatening to kill or
injure such person in order to compel the Government to do or abstain from doing any
act, or destabilise or destroy the political, economic, or social structures of the country,or create a public emergency or undermine public safety;
(v) included within the scope of any of the Treaties listed in the Second Schedule
to the Unlawful Activities (Prevention) Act, 1967.
(2) Whoever, attempts to commit or commits an offence of terrorist act shall,––
(i) if such offence has resulted in the death of any person, be punishable with
death or imprisonment for life without the benefit of parole, and shall also be liable to
fine which shall not be less than rupees ten lakhs;
(ii) in any other case, be punishable with imprisonment for a term which shall not
be less than five years but which may extend to imprisonment for life, and shall also be
liable to fine which shall not be less than rupees five lakhs.
(3) Whoever, conspires, organises or causes to be organised any organisation,
association or a group of persons for terrorist acts, or assists, facilitates or otherwise conspiresto engage in any act preparatory to any terrorist act, shall be punishable with imprisonment
for a term which shall not be less than five years but which may extend to imprisonment for
life, and shall also be liable to fine which shall not be less than rupees five lakhs.
(4) Any person, who is a member of terrorist organisation, which is involved in terrorist
act, shall be punishable with imprisonment for a term which may extend to imprisonment for
life, and shall also be liable to fine which shall not be less than rupees five lakhs.
(5) Whoever, intentionally harbours or conceals or attempts to harbour or conceal any
person who has committed an offence of any terrorist act shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend to
imprisonment for life, and shall also be liable to fine which shall not be less than rupees five
lakh:
Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the spouse of the offender.
(6) Whoever, holds any property directly or indirectly, derived or obtained from
commission of terrorist act or proceeds of terrorism, or acquired through the terrorist fund, or
possesses, provides, collects or uses property or funds or makes available property, funds
or financial service or other related services, by any means, to be used, in full or in part toOffence ifterrorist act.
37 of 1967.
carry out or facilitate the commission of any terrorist act, shall be punishable with imprisonment
for a term which may extend to imprisonment for life and shall also be liable to fine which shallnot be less than rupees five lakhs and such property shall also be liable for attachment andforfeiture.
Explanation .— For the purposes of this section,––
(a) “terrorist” refers to any person who—
(i) develops, manufactures, possesses, acquires, transports, supplies or
uses weapons, explosives, or releases nuclear, radiological or other dangeroussubstance, or cause fire, floods or explosions;
(ii) commits, or attempts, or conspires to commit terrorist acts by any
means, directly or indirectly;
(iii) participates, as a principal or as an accomplice, in terrorist acts;
(b) the expression “proceeds of terrorism” shall have the same meaning as assigned
to it in clause ( g) of section 2 of the Unlawful Activities (Prevention) Act, 1967;
(c) “terrorist organisation, association or a group of persons” refers to any
entity owned or controlled by any terrorist or group of terrorists that—
(i) commits, or attempts to commit, terrorist acts by any means, directly or
indirectly;—
(ii) participates in acts of terrorism;—
(iii) prepares for terrorism;—
(iv) promotes terrorism;—(v) organises or directs others to commit terrorism;—
(vi) contributes to the commission of terrorist acts by a group of persons
acting with common purpose of furthering the terrorist act where the contributionis made intentionally and with the aim of furthering the terrorist act or with theknowledge of the intention of the group to commit a terrorist act; or
(vii) is otherwise involved in terrorism; or
(viii) any organisation listed in the First Schedule to the Unlawful Activities
(Prevention) Act, 1967 or an organisation operating under the same name as anorganisation so listed.
Of hurt
112. Whoever causes bodily pain, disease or infirmity to any person is said to cause
hurt.
113. (1) Whoever does any act with the intention of thereby causing hurt to any
person, or with the knowledge that he is likely thereby to cause hurt to any person, and doesthereby cause hurt to any person, is said “voluntarily to cause hurt”.
(2) Whoever, except in the case provided for by sub- section ( 1) of section 120 voluntarily
causes hurt, shall be punished with imprisonment of either description for a term which mayextend to one year, or with fine which may extend to ten thousand rupees, or with both.
114. The following kinds of hurt only are designated as “grievous”, namely:––
(a) Emasculation.
(b) Permanent privation of the sight of either eye.
(c) Permanent privation of the hearing of either ear.
(d) Privation of any member or joint.
(e)
Destruction or permanent impairing of the powers of any member or joint.
(f) Permanent disfiguration of the head or face.
(g) Fracture or dislocation of a bone or tooth.
(h) Any hurt which endangers life or which causes the sufferer to be during the
space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
115. (1)Whoever voluntarily causes hurt, if the hurt which he intends to cause or
knows himself to be likely to cause is grievous hurt, and if the hurt which he causes isgrievous hurt, is said “voluntarily to cause grievous hurt”.Hurt.
Voluntarily.
causing hurt.
Grievous hurt.
V oluntarily
causinggrievous hurt.37 of 1967.
37 of 1967.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45
(2) Whoever, except in the case provided for by sub-section ( 3), voluntarily causes
grievous hurt, shall be punished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine.
Explanation. —A person is not said voluntarily to cause grievous hurt except when he
both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt.But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likelyto cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustration.
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives
Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severebodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.
(3) Whoever commits an offence under sub-section ( 1) and in the course of such
commission causes any hurt to a person which causes that person to be in permanentdisability or in persistent vegetative state, shall be punished with rigorous imprisonment fora term which shall not be less than ten years but which may extend to imprisonment for life,which shall mean imprisonment for the remainder of that person’s natural life.
(4) When grievous hurt of a person is caused by a group of five or more persons on the
ground of his, race, caste, sex, place of birth, language, personal belief or any other ground,each member of such group shall be guilty of the offence of causing grievous hurt, and shallbe punished with imprisonment of either description for a term which may extend to sevenyears, and shall also be liable to fine.
116. (1) Whoever, except in the case provided for by sub-section ( 1) of section 120,
voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or anyinstrument which, used as a weapon of offence, is likely to cause death, or by means of fire
or any heated substance, or by means of any poison or any corrosive substance, or by
means of any explosive substance or by means of any substance which it is deleterious tothe human body to inhale, to swallow, or to receive into the blood, or by means of any animal,shall be punished with imprisonment of either description for a term which may extend tothree years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section ( 2) of section 120, voluntarily
causes grievous hurt by any means referred to in sub–section ( 1), shall be punished with
imprisonment for life, or with imprisonment of either description for a term which shall not beless than one year but which may extend to ten years, and shall also be liable to fine.
117. (1) Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer,
or from any person interested in the sufferer, any property or valuable security, or of
constraining the sufferer or any person interested in such sufferer to do anything which isillegal or which may facilitate the commission of an offence, shall be punished withimprisonment of either description for a term which may extend to ten years, and shall also beliable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-
section ( 1), shall be punished with imprisonment for life, or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.
118. (1) Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer
or from any person interested in the sufferer, any confession or any information which maylead to the detection of an offence or misconduct, or for the purpose of constraining thesufferer or any person interested in the sufferer to restore or to cause the restoration of anyproperty or valuable security or to satisfy any claim or demand, or to give information whichmay lead to the restoration of any property or valuable security, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
Voluntarilycausing hurt orgrievous hurtto extortconfession, orto compelrestoration ofproperty.Voluntarily
causing hurt orgrievous hurtby dangerousweapons ormeans.
Voluntarily
causing hurt orgrievous hurtto extortconfession, onto compelrestoration ofproperty.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in
sub–section ( 1), shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a
crime. A is guilty of an offence under this section.
(b) A, a police-officer, tortures B to induce him to point out where certain stolen
property is deposited. A is guilty of an offence under this section.
(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of
revenue due from Z. A is guilty of an offence under this section.
119. (1) Whoever voluntarily causes hurt to any person being a public servant in the
discharge of his duty as such public servant, or with intent to prevent or deter that person orany other public servant from discharging his duty as such public servant or in consequenceof anything done or attempted to be done by that person in the lawful discharge of his dutyas such public servant, shall be punished with imprisonment of either description for a termwhich may extend to five years, or with fine, or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in
the discharge of his duty as such public servant, or with intent to prevent or deter thatperson or any other public servant from discharging his duty as such public servant or inconsequence of anything done or attempted to be done by that person in the lawful dischargeof his duty as such public servant, shall be punished with imprisonment of either descriptionfor a term which shall not be less than one year but which may extend to ten years, and shallalso be liable to fine.
120. (1) Whoever voluntarily causes hurt on grave and sudden provocation, if he
neither intends nor knows himself to be likely to cause hurt to any person other than theperson who gave the provocation, shall be punished with imprisonment of either descriptionfor a term which may extend to one month, or with fine which may extend to five thousandrupees, or with both.
(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he
neither intends nor knows himself to be likely to cause hurt to any person other than theperson who gave the provocation, shall be punished with imprisonment of either descriptionfor a term which may extend to five years, or with fine which may extend to ten thousandrupees, or with both.
Explanation. —This section is subject to the same provision as Exception 1,
section 99.
121. Whoever administers to or causes to be taken by any person any poison or any
stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt tosuch person, or with intent to commit or to facilitate the commission of an offence or knowingit to be likely that he will thereby cause hurt, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
122. (1) Whoever causes permanent or partial damage or deformity to, or burns or
maims or disfigures or disables, any part or parts of the body of a person or causes grievoushurt by throwing acid on or by administering acid to that person, or by using any othermeans with the intention of causing or with the knowledge that he is likely to cause suchinjury or hurt or causes a person to be in a permanent vegetative state shall be punished withimprisonment of either description for a term which shall not be less than ten years but whichmay extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of
the treatment of the victim:Voluntarilycausing hurt orgrievous hurtto deter publicservant fromhis duty.
Voluntarily
causing hurt orgrievous hurtonprovocation.
Causing hurt
by means ofpoison, etc.,with intent tocommit anoffence.
Voluntarily
causing hurt orgrievous hurtby use of acid,etc.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47
Provided further that any fine imposed under this section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer
acid to any person, or attempts to use any other means, with the intention of causingpermanent or partial damage or deformity or burns or maiming or disfigurement or disabilityor grievous hurt to that person, shall be punished with imprisonment of either description fora term which shall not be less than five years but which may extend to seven years, and shallalso be liable to fine.
Explanation 1.—For the purposes of this section, “acid” includes any substance
which has acidic or corrosive character or burning nature, that is capable of causing bodilyinjury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of this section, permanent or partial damage or
deformity or permanent vegetative state, shall not be required to be irreversible.
123.Whoever does any act so rashly or negligently as to endanger human life or the
personal safety of others, shall be punished with imprisonment of either description for aterm which may extend to three months or with fine which may extend to two thousand fivehundred rupees, or with both, but—
(a) where the hurt is caused, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extendto five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine which mayextend to ten thousand rupees
, or with both.
Of wrongful restraint and wrongful confinement
124. (1) Whoever voluntarily obstructs any person so as to prevent that person from
proceeding in any direction in which that person has a right to proceed, is said wrongfully torestrain that person.
Exception. —The obstruction of a private way over land or water which a person in
good faith believes himself to have a lawful right to obstruct, is not an offence within themeaning of this section.
Illustration.
A obstructs a path along which Z has a right to pass, A not believing in good faith that
he has a right to stop the path. Z is thereby prevented from passing. A wrongfullyrestrains Z.
(2)Whoever wrongfully restrains any person shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend tofive thousand rupees, or with both.
125. (1)Whoever wrongfully restrains any person in such a manner as to prevent that
person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine”that person.
Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from
proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire
at Z if Z attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any person shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine which may extend tofive thousand rupees
, or with both.Actendangeringlife or personalsafety ofothers.
Wrongful
restraint.
Wrongful
Confinment.
(3) Whoever wrongfully confines any person for three days, or more, shall be punished
with imprisonment of either description for a term which may extend to three years, or withfine which may extend to ten thousand rupees, or with both
.
(4) Whoever wrongfully confines any person for ten days or more , shall be punished
with imprisonment of either description for a term which may extend to five years, and shallalso be liable to fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the
liberation of that person has been duly issued, shall be punished with imprisonment of eitherdescription for a term which may extend to two years in addition to any term of imprisonmentto which he may be liable under any other section of this Chapter and shall also be liable tofine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention
that the confinement of such person may not be known to any person interested in theperson so confined, or to any public servant, or that the place of such confinement may notbe known to or discovered by any such person or public servant as hereinbefore mentioned,shall be punished with imprisonment of either description for a term which may extend tothreeyears in addition to any other punishment to which he may be liable for such wrongfulconfinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the
person confined, or from any person interested in the person confined, any property orvaluable security or of constraining the person confined or any person interested in suchperson to do anything illegal or to give any information which may facilitate the commissionof an offence, shall be punished with imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the
person confined or any person interested in the person confined any confession or anyinformation which may lead to the detection of an offence or misconduct, or for the purposeof constraining the person confined or any person interested in the person confined torestore or to cause the restoration of any property or valuable security or to satisfy any claimor demand, or to give information which may lead to the restoration of any property orvaluable security, shall be punished with imprisonment of either description for a term whichmay extend to three years, and shall also be liable to fine.
Of criminal force and assault
126. A person is said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such motion, or change ofmotion, or cessation of motion as brings that substance into contact with any part of thatother’s body, or with anything which that other is wearing or carrying, or with anything sosituated that such contact affects that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, or cessation of
motion, causes that motion, change of motion, or cessation of motion in one of the followingthree ways,namely:––
(a) by his own bodily power;
(b) by disposing any substance in such a manner that the motion or change or
cessation of motion takes place without any further act on his part, or on the part ofany other person;
(c) by inducing any animal to move, to change its motion, or to cease to move.
Force.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49
127. Whoever intentionally uses force to any person, without that person’s consent,
in order to the committing of any offence, or intending by the use of such force to cause, orknowing it to be likely that by the use of such force he will cause injury, fear or annoyance tothe person to whom the force is used, is said to use criminal force to that other.
Illustrations.
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus
intentionally causes the boat to drift down the stream. Here A intentionally causesmotion to Z, and he does this by disposing substances in such a manner that themotion is produced without any other action on any person’s part. A has thereforeintentionally used force to Z; and if he has done so without Z’s consent, in order to thecommitting of any offence, or intending or knowing it to be likely that this use of forcewill cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to
quicken their pace. Here A has caused change of motion to Z by inducing the animalsto change their motion. A has therefore used force to Z; and if A has done this withoutZ’s consent, intending or knowing it to be likely that he may thereby injure, frighten orannoy Z, A has used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the
palanquin. Here A has caused cessation of motion to Z, and he has done this by hisown bodily power. A has therefore used force to Z; and as A has acted thus intentionally,without Z’s consent, in order to the commission of an offence. A has used criminalforce to Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily
power moved his own person so as to bring it into contact with Z. He has thereforeintentionally used force to Z; and if he has done so without Z’s consent, intending orknowing it to be likely that he may thereby injure, frighten or annoy Z, he has usedcriminal force to Z.
(e) A throw a stone, intending or knowing it to be likely that the stone will be thus
brought into contact with Z, or with Z’s clothes, or with something carried by Z, or thatit will strike water and dash up the water against Z’s clothes or something carried by Z.Here, if the throwing of the stone produce the effect of causing any substance to comeinto contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’sconsent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
(f) Aintentionally pulls up a Woman’s veil. Here A intentionally uses force to her,
and if he does so without her consent intending or knowing it to be likely that he maythereby injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here
A intentionally by his own bodily power causes such motion in the boiling water asbrings that water into contact with Z, or with other water so situated that such contactmust affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if hehas done this without Z’s consent intending or knowing it to be likely that he maythereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to
cause injury, fear or annoyance to Z, he uses criminal force to Z.
128. Whoever makes any gesture, or any preparation intending or knowing it to be
likely that such gesture or preparation will cause any person present to apprehend that hewho makes that gesture or preparation is about to use criminal force to that person, is said tocommit an assault.Criminal force.
Assault.
Explanation. —Mere words do not amount to an assault. But the words which a
person uses may give to his gestures or preparation such a meaning as may make thosegestures or preparations amount to an assault.
Illustrations.
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby
cause Z to believe that A is about to strike Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to
be likely that he may thereby cause Z to believe that he is about to cause the dog toattack Z. A has committed an assault upon Z.
(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the
words used by A could in no case amount to an assault, and though the mere gesture,unaccompanied by any other circumstances, might not amount to an assault, thegesture explained by the words may amount to an assault.
129. Whoever assaults or uses criminal force to any person otherwise than on grave
and sudden provocation given by that person, shall be punished with imprisonment of eitherdescription for a term which may extend to three months, or with fine which may extend toone thousand rupees, or with both.
Explanation. —Grave and sudden provocation will not mitigate the punishment for an
offence under this section, if the provocation is sought or voluntarily provoked by theoffender as an excuse for the offence, or
if the provocation is given by anything done in obedience to the law, or by a public
servant, in the lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of
private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.
130. Whoever assaults or uses criminal force to any person being a public servant in
the execution of his duty as such public servant, or with intent to prevent or deter thatperson from discharging his duty as such public servant, or in consequence of anythingdone or attempted to be done by such person in the lawful discharge of his duty as suchpublic servant, shall be punished with imprisonment of either description for a term whichmay extend to two years, or with fine, or with both.
131. Whoever assaults or uses criminal force to any person, intending thereby to
dishonour that person, otherwise than on grave and sudden provocation given by thatperson, shall be punished with imprisonment of either description for a term which mayextend to two years, or with fine, or with both.
132. Whoever assaults or uses criminal force to any person, in attempting to commit
theft on any property which that person is then wearing or carrying, shall be punished withimprisonment of either description for a term which may extend to two years, or with fine, orwith both.
133. Whoever assaults or uses criminal force to any person, in attempting wrongfully
to confine that person, shall be punished with imprisonment of either description for a termwhich may extend to one year, or with fine which may extend to five thousand rupees, or withboth.Punishment
for assault or
criminal force
otherwise than
on grave
provocation.
Assault or
criminal forceto deter publicservant fromdischarge ofhis duty.
Assault or
criminal forcewith intent todishonorperson,otherwise thanon graveprovocation.
Assault or
criminal forcein attempt tocommit theftof propertycarried by aperson.
Assault or
criminal forcein attemptwronglfully toconfine aperson.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51
134. Whoever assaults or uses criminal force to any person on grave and sudden
provocation given by that person, shall be punished with simple imprisonment for a termwhich may extend to one month, or with fine which may extend to one thousand rupees, orwith both.
Explanation.— This section is subject to the same Explanation as section 129.
Of Kidnapping, Abduction, Slavery and Forced Labour
135. (1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from
lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent
of that person, or of some person legally authorised to consent on behalf of thatperson, is said to kidnap that person from India;
(b) whoever takes or entices any child below the age of eighteen years or any
person with mental illness, out of the keeping of the lawful guardian of such child or
person with mental illness, without the consent of such guardian, is said to kidnap
such child or person from lawful guardianship.
Explanation. ––The words “lawful guardian” in this clause include any person
lawfully entrusted with the care or custody of such child or other person.
Exception. —This clause does not extend to the act of any person who in good
faith believes himself to be the father of an illegitimate child below the age of eighteenyears, or who in good faith believes himself to be entitled to the lawful custody of suchchild, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be
punished with imprisonment of either description for a term which may extend to sevenyears, and shall also be liable to fine.
136. Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
137. (1) Whoever kidnaps any child below the age of eighteen years or, not being the
lawful guardian of such child, obtains the custody of the child, in order that such child may
be employed or used for the purposes of begging shall be punishable with rigorousimprisonment for a term which shall not be less than ten years but which may extend toimprisonment for life, and shall also be liable to fine.
(2) Whoever maims any child below the age of eighteen years in order that such child
may be employed or used for the purposes of begging shall be punishable with imprisonmentwhich shall not be less than twenty years, but which may extend to life which shall meanimprisonment for the remainder of that person’s natural life, and with fine.
(3) Where any person, not being the lawful guardian of a child below the age of
eighteen years employs or uses such child for the purposes of begging, it shall be presumed,unless the contrary is proved, that he kidnapped or otherwise obtained the custody of suchchild in order that such child might be employed or used for the purposes of begging.
(4) In this section “begging” means—
(i) soliciting or receiving alms in a public place, whether under the pretence of
singing, dancing, forture-telling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving
alms;Assault or
criminal forceon graveprovocation.
Kidnapping.
Abduction.
Kidnapping or
maiming achild forpurposes ofbegging.
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any
sore, wound, injury, deformity or disease, whether of himself or of any other person orof an animal;
(iv) using such childas an exhibit for the purpose of soliciting or receiving alms.
138. (1) Whoever kidnaps or abducts any person in order that such person may be
murdered or may be so disposed of as to be put in danger of being murdered, shall bepunished with imprisonment for life or rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed
to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered.
A has committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such
kidnapping or abduction, and threatens to cause death or hurt to such person, or by his
conduct gives rise to a reasonable apprehension that such person may be put to death or
hurt, or causes hurt or death to such person in order to compel the Government or anyforeign State or international inter-governmental organisation or any other person to do orabstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment
for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be
secretly and wrongfully confined, shall be punished with imprisonment of either descriptionfor a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected,
or may be so disposed of as to be put in danger of being subjected to grievous hurt, orslavery, or to the unnatural lust of any person, or knowing it to be likely that such person willbe so subjected or disposed of, shall be punished with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
139. Whoever imports into India from any country outside India any girl under the age
of twenty-one years or any boy under the age of eighteen years with intent that girl or boymay be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse
with another person, shall be punishable with imprisonment which may extend to ten years
and shall also be liable to fine.
140. Whoever, knowing that any person has been kidnapped or has been abducted,
wrongfully conceals or confines such person, shall be punished in the same manner as if he
had kidnapped or abducted such person with the same intention or knowledge, or for the
same purpose as that with or for which he conceals or detains such person in confinement.
141. (1) Whoever, for the purpose of exploitation, recruits, transports, harbours,
transfers, or receives, a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practicing fraud, or deception; or
(e) by abuse of power; orKidnapping or
abducting inorder tomurder or forransom etc.
Importation of
girl or boyfrom foreigncountry.
Wrongfully
concealing orkeeping inconfinement,kidnapped orabductedperson.
Trafficking of
person.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53
(f) by inducement, including the giving or receiving of payments or benefits, in
order to achieve the consent of any person having control over the person recruited,transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of physical
exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude,beggary or forced removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence
of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous
imprisonment for a term which shall not be less than seven years, but which may extend toten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years butwhich may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child below the age of eighteen
years,it shall be punishable with rigorous imprisonment for a term which shall not be lessthan ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child below the age of
eighteen years, it shall be punishable with rigorous imprisonment for a term which shall notbe less than fourteen years, but which may extend to imprisonment for life, and shall also beliable to fine.
(6) If a person is convicted of the offence of trafficking of child below the age of
eighteen years on more than one occasion, then such person shall be punished withimprisonment for life, which shall mean imprisonment for the remainder of that person’snatural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person
then, such public servant or police officer shall be punished with imprisonment for life, which
shall mean imprisonment for the remainder of that person’s natural life, and shall also beliable to fine.
142. (1) Whoever, knowingly or having reason to believe that a child below the age of
eighteen years has been trafficked, engages such child for sexual exploitation in any manner,shall be punished with rigorous imprisonment for a term which shall not be less than five
years, but which may extend to ten years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been
trafficked, engages such person for sexual exploitation in any manner, shall be punished withrigorous imprisonment for a term which shall not be less than three years, but which mayextend to seven years, and shall also be liable to fine.
143. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in
slaves, shall be punished with imprisonment for life, or with imprisonment of either descriptionfor a term not exceeding ten years, and shall also be liable to fine.
144. Whoever unlawfully compels any person to labour against the will of that person,
shall be punished with imprisonment of either description for a term which may extend to oneyear, or with fine, or with both.Exploitation
of a traffickedperson.
Habitual
dealing inslaves.
Unlawful
compulsorylabour.
CHAPTER VII
OF OFFENCES AGAINST THE STATE
145. Whoever wages war against the Government of India, or attempts to wage such
war, or abets the waging of such war, shall be punished with death, or imprisonment for lifeand shall also be liable to fine.
Illustration.
A joins an insurrection against the Government of India. A has committed the offence
defined in this section.
146. Whoever within or without and beyond India conspires to commit any of the
offences punishable by section 145, or conspires to overawe, by means of criminal force orthe show of criminal force, the Central Government or any State Government, shall be punishedwith imprisonment for life, or with imprisonment of either description which may extend toten years, and shall also be liable to fine.
Explanation .—To constitute a conspiracy under this section, it is not necessary that
any act or illegal omission shall take place in pursuance thereof.
147. Whoever collects men, arms or ammunition or otherwise prepares to wage war
with the intention of either waging or being prepared to wage war against the Government ofIndia, shall be punished with imprisonment for life or imprisonment of either description fora term not exceeding ten years, and shall also be liable to fine.
148. Whoever by any act, or by any illegal omission, conceals the existence of a
design to wage war against the Government of India, intending by such concealment tofacilitate, or knowing it to be likely that such concealment will facilitate, the waging of suchwar, shall be punished with imprisonment of either description for a term which may extend toten years, and shall also be liable to fine.
149.Whoever, with the intention of inducing or compelling the President of India, or
Governor of any State, to exercise or refrain from exercising in any manner any of the lawfulpowers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfullyto restrain, or overawes, by means of criminal force or the show of criminal force, or attemptsso to overawe, such President or Governor, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years, and shall also be liable to fine.
150. Whoever, purposely or knowingly, by words, either spoken or written, or by
signs, or by visible representation, or by electronic communication or by use of financialmean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversiveactivities, or encourages feelings of separatist activities or endangers sovereignty or unityand integrity of India; or indulges in or commits any such act shall be punished withimprisonment for life or with imprisonment which may extend to seven years and shall also beliable to fine.
Explanation.–– Comments expressing disapprobation of the measures, or administrative
or other action of the Government with a view to obtain their alteration by lawful meanswithout exciting or attempting to excite the activities referred to in this section.
151. Whoever wages war against the Government of any foreign State at peace with
the Government of India or attempts to wage such war, or abets the waging of such war, shallbe punished with imprisonment for life, to which fine may be added, or with imprisonment ofeither description for a term which may extend to seven years, to which fine may be added, orwith fine.Waging, orattempting towage war, orabettingwaging of war,againstGovernmentof India.
Conspiracy to
commitoffencespunishable bysection 145.
Collecting
arms, etc.,with intentionof waging waragainstGovernmentof India.
Concealing
with intent tofacilitatedesign to wagewar.
Assaulting
PresidentGovernor, etc.,with intent tocompel orrestrainexercise of anylawful power.
Acts
endangeringsovereigntyunity andintegrity ofIndia.
Waging war
agaisnt
Government
of any foreignState at peace
with
Government
of India.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55
152. Whoever commits depredation, or makes preparations to commit depredation, on
the territories of any foreign State at peace with the Government of India, shall be punishedwith imprisonment of either description for a term which may extend to seven years, and shallalso be liable to fine and to forfeiture of any property used or intended to be used incommitting such depredation, or acquired by such depredation.
153. Whoever receives any property knowing the same to have been taken in the
commission of any of the offences mentioned in sections 151 and 152, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine and to forfeiture of the property so received.
154. Whoever, being a public servant and having the custody of any State prisoner or
prisoner of war, voluntarily allows such prisoner to escape from any place in which suchprisoner is confined, shall be punished with imprisonment for life, or imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
155. Whoever, being a public servant and having the custody of any State prisoner or
prisoner of war, negligently suffers such prisoner to escape from any place of confinement inwhich such prisoner is confined, shall be punished with simple imprisonment for a termwhich may extend to three years, and shall also be liable to fine.
156. Whoever knowingly aids or assists any State prisoner or prisoner of war in
escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harboursor conceals any such prisoner who has escaped from lawful custody, or offers or attempts tooffer any resistance to the recapture of such prisoner, shall be punished with imprisonmentfor life, or with imprisonment of either description for a term which may extend to ten years,and shall also be liable to fine.
Explanation . —A State prisoner or prisoner of war, who is permitted to be at large on
his parole within certain limits in India, is said to escape from lawful custody if he goesbeyond the limits within which he is allowed to be at large.
CHAPTER VIII
O
F OFFENCES RELATING TO THE ARMY, NAV Y AND AIR FORCE
157. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
the Army, Navy or Air Force subject to the Acts referred to in section 165 of the Governmentof India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance orhis duty, shall be punished with imprisonment for life, or with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
158. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed inconsequence of that abetment, be punished with death or with imprisonment for life, orimprisonment of either description for a term which may extend to ten years, and shall also beliable to fine.
159. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army,
Navy or Air Force of the Government of India, on any superior officer being in the executionof his office, shall be punished with imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.Committingdepredation onterritories offoreign Stateat peace withGovernemntof India.
Receiving
property takenby war ordepredationmentioned insections 151and 152.
Public servant
voluntarilyallowingprisoner ofsate or war toescape.
Public servant
negligentlysuffering suchprisoner toescape.
Aiding escape
of rescuing orharbouringsuch prisoner.
Abetting
mutiny, or
attempting to
seduce a
soldier, sailor
or airmanfrom his duty.
Abetment of
mutiny, ifmutiny iscommitted inconsequencethereof.
Abetment of
assault bysoldier, sailoror airman onhis superioroffice, when inexecution ofhis office.
160.Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy
or Air Force of the Government of India, on any superior officer being in the execution of hisoffice, shall, if such assault be committed in consequence of that abetment be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
161. Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army,
Navy or Air Force of the Government of India, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or with fine, or with both.
162. Whoever, except as hereinafter excepted, knowing or having reason to believe
that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government ofIndia, has deserted, harbours such officer, soldier, sailor or airman, shall be punished withimprisonment of either description for a term which may extend to two years, or with fine orwith both.
Exception .—This provision does not extend to the case in which the harbour is given
by the spouse of the deserter.
163. The master or person in charge of a merchant vessel, on board of which any
deserter from the Army, Navy or Air Force of the Government of India is concealed, shall,though ignorant of such concealment, be liable to a penalty not exceeding three thousandrupees, if he might have known of such concealment but for some neglect of his duty as suchmaster or person in charge, or but for some want of discipline on board of the vessel.
164. Whoever abets what he knows to be an act of insubordination by an officer,
soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, ifsuch act of insubordination be committed in consequence of that abetment, be punishedwith imprisonment of either description for a term which may extend to two years, or withfine, or with both.
165. No person subject to the Army Act, 1950 the Indian Navy (Discipline) Act, 1934,
or the Air Force Act , 1950 shall be subject to punishment under this Sanhita for any of theoffences defined in this Chapter.
166. Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of
the Government of India, wears any garb or carries any token resembling any garb or tokenused by such a soldier, sailor or airman with the intention that it may be believed that he issuch a soldier, sailor or airman, shall be punished with imprisonment of either description fora term which may extend to three months, or with fine which may extend to two thousandrupees, or with both.
CHAPTER IX
O
F OFFENCES RELATING TO ELECTIONS
167. For the purposes of this Chapter—
(a) “candidate” means a person who has been nominated as a candidate at any
election;
(b) “electoral right” means the right of a person to stand, or not to stand as, or to
withdraw from being, a candidate or to vote or refrain from voting at an election.
168. (1) Whoever—
(i) gives a gratification to any person with the object of inducing him or any
other person to exercise any electoral right or of rewarding any person for havingexercised any such right; orAbetment ofsuch assault, ifassaultcommitted.
Abetment of
desertion ofsoldier, sailoror airman.
Harbouring
deserter.
Deserter
concealed onboardmerchantvessel throughnegligence ofmaster.
Abetment of
act ofinsubordinationby soldier,
sailor or
airman.
Persons subject
to certainActs.
Wearing garb
or carryingtoken used bysoldier, sailoror airman.
Candidate,
Electoral rightdefined.
Bribery.46 of 1950.
45 of 1950.
34 of 1934.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57
(ii) accepts either for himself or for any other person any gratification as a
reward for exercising any such right or for inducing or attempting to induce any otherperson to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not
be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification
shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall
be deemed to accept a gratification, and a person who accepts a gratification as a motive fordoing what he does not intend to do, or as a reward for doing what he has not done, shall bedeemed to have accepted the gratification as a reward.
169. (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of
any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section ( 1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter
is interested, with injury of any kind; or
(b) induces or attempts to induce a candidate or voter to believe that he or any
person in whom he is interested will become or will be rendered an object of Divinedispleasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or
voter, within the meaning of sub-section ( 1).
(3) A declaration of public policy or a promise of public action or the mere exercise or
a legal right without intent to interfere with an electoral right, shall not be deemed to beinterference within the meaning of this section.
170. Whoever at an election applies for a voting paper on votes in the name of any
other person, whether living or dead, or in a fictitious name, or who having voted once atsuch election applies at the same election for a voting paper in his own name, and whoever
abets, procures or attempts to procure the voting by any person in any such way, commits
the offence of personation at an election:
Provided that nothing in this section shall apply to a person who has been authorised
to vote as proxy for an elector under any law for the time being in force in so far as he votes
as a proxy for such elector.
171. Whoever commits the offence of bribery shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.Explanation. — “Treating” means that form of bribery where the gratification consists
in food, drink, entertainment, or provision.
172. Whoever commits the offence of undue influence or personation at an election
shall be punished with imprisonment of either description for a term which may extend to
one year or with fine, or with both.
173. Whoever with intent to affect the result of an election makes or publishes any
statement purporting to be a statement of fact which is false and which he either knows or
believes to be false or does not believe to be true, in relation to the personal character or
conduct of any candidate shall be punished with fine.Undue
influence atelections.
Personation at
elections.
Punishment
for bribery.
Punishment
for undueinfluence or
personation at
an election.
False
statement inconnectionwith anelection.
174. Whoever without the general or special authority in writing of a candidate incurs
or authorises expenses on account of the holding of any public meeting, or upon anyadvertisement, circular or publication, or in any other way whatsoever for the purpose of
promoting or procuring the election of such candidate, shall be punished with fine which
may extend to ten thousand rupees:
Provided that if any person having incurred any such expenses not exceeding the
amount of ten rupees without authority obtains within ten days from the date on which suchexpenses were incurred the approval in writing of the candidate, he shall be deemed to have
incurred such expenses with the authority of the candidate.
175. Whoever being required by any law for the time being in force or any rule having
the force of law to keep accounts of expenses incurred at or in connection with an election
fails to keep such accounts shall be punished with fine which may extend to five thousandrupees.
CHAPTER X
O
F OFFENCES RELATING TO COIN, CURRENCY NOTES , BANK NOTES , AND GOVERNMENT STAMPS
176. Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting, any coin, stamp issued by Government for the purpose of revenue, currency-
note or bank-note, shall be punished with imprisonment for life, or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation .—For the purposes of this Chapter,—
(1) the expression “bank-note” means a promissory note or engagement for the
payment of money to bearer on demand issued by any person carrying on the business
of banking in any part of the world, or issued by or under the authority of any State or
Sovereign Power, and intended to be used as equivalent to, or as a substitute for
money;
(2) “coin” shall have the same meaning assigned to it in section 2 of the Coinage
Act, 2011 and includes metal used for the time being as money and is stamped and
issued by or under the authority of any State or Sovereign Power intended to be so
used;
(3) a person commits the offence of “counterfeiting Government stamp” who
counterfeits by causing a genuine stamp of one denomination to appear like a genuine
stamp of a different denomination;
(4) a person commits the offence of counterfeiting coin who intending to practice
deception, or knowing it to be likely that deception will thereby be practiced, causes a
genuine coin to appear like a different coin; and
(5) the offence of “counterfeiting coin” includes diminishing the weight or
alteration of the composition, or alteration of the appearance of the coin.
177. Whoever sells or delivers to, or buys or receives from, any other person, or
otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, knowing or having
reason to believe the same to be forged or counterfeit, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
178. Whoever has in his possession any forged or counterfeit coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, knowing or having
reason to believe the same to be forged or counterfeit and intending to use the same as
genuine or that it may be used as genuine, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with both.Illegal
payments inconnectionwith anelection.
Failure to keep
electionaccounts.
Counterfeiting
coin,Governmentstamps,currency-notesor bank-notes.
Using as
genuine, forged
or counterfeit
coin,Government
stamp,
currency-notes
or bank-notes.
Possession of
forged or
counterfeit
coin,
Government
stamp,currency-notes
or bank-notes.11 of 2011.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59
179. Whoever makes or mends, or performs any part of the process of making or
mending, or buys or sells or disposes of, or has in his possession, any machinery, die,
instrument or material for the purpose of being used, or knowing or having reason to believe
that it is intended to be used, for forging or counterfeiting any coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
180. (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever,
or delivers to any person, any document purporting to be, or in any way resembling, or so
nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be
punished with fine which may extend to three hundred rupees.
(2) If any person, whose name appears on a document the making of which is an
offence under sub-section ( 1), refuses, without lawful excuse, to disclose to a police-officer
on being so required the name and address of the person by whom it was printed or otherwise
made, he shall be punished with fine which may extend to six hundred rupees.
(3) Where the name of any person appears on any document in respect of which any
person is charged with an offence under sub-section ( 1) or on any other document used or
distributed in connection with that document it may, until the contrary is proved, be presumed
that the person caused the document to be made.
181. Whoever, fraudulently or with intent to cause loss to the Government, removes or
effaces from any substance, bearing any stamp issued by Government for the purpose ofrevenue, any writing or document for which such stamp has been used, or removes from any
writing or document a stamp which has been used for such writing or document, in order that
such stamp may be used for a different writing or document, shall be punished withimprisonment of either description for a term which may extend to three years, or with fine, or
with both.
182. Whoever, fraudulently or with intent to cause loss to the Government, uses for
any purpose a stamp issued by Government for the purpose of revenue, which he knows to
have been before used, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
183. Whoever, fraudulently or with intent to cause loss to Government, erases or
removes from a stamp issued by Government for the purpose of revenue, any mark, put orimpressed upon such stamp for the purpose of denoting that the same has been used, or
knowingly has in his possession or sells or disposes of any such stamp from which such
mark has been erased or removed, or sells or disposes of any such stamp which he knows tohave been used, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
184. (1) Whoever—
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly
uses for any postal purpose any fictitious stamp; or
(b) has in his possession, without lawful excuse, any fictitious stamp; or
(c) makes or, without lawful excuse, has in his possession any die, plate,
instrument or materials for making any fictitious stamp,Makinhg or
possessing
instruments or
materials for
forging orcounterfeiting
coin,
Government
stamp,
currency-notesor bank-notes.
Making or
using
documents
resembling
currency-notesor bank-notes..
Effacing
writing from
substancebearing
Government
stamp, or
removing
document a
stamp used for
it,with intentto cause loss to
Government.
Using
Government
stamp known
to have been
before used.
Erasure of
mark denoting
that stamp has
been used.
Prohibition of
fictitious
stamps.
shall be punished with fine which may extend to two hundred rupees.
(2) Any such stamp, die, plate, instrument or materials in the possession of any person
for making any fictitious stamp may be seized and, if seized shall be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued
by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or
representation, whether on paper or otherwise, of any stamp issued by Government for thatpurpose.
(4) In this section and also in sections 176 to 179, and sections 181 to 183 both
inclusive, the word “Government”, when used in connection with, or in reference to any
stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything
in clause ( 11) of section 2, be deemed to include the person or persons authorised by law to
administer executive Government in any part of India or in any foreign country.
185. Whoever, being employed in any mint lawfully established in India, does any act,
or omits what he is legally bound to do, with the intention of causing any coin issued from
that mint to be of a different weight or composition from the weight or composition fixed by
law, shall be punished with imprisonment of either description for a term which may extend toseven years, and shall also be liable to fine.
186. Whoever, without lawful authority, takes out of any mint, lawfully established in
India, any coining tool or instrument, shall be punished with imprisonment of either descriptionfor a term which may extend to seven years, and shall also be liable to fine.
C
HAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
187. (1) An assembly of five or more persons is designated an “unlawful assembly”, if
the common object of the persons composing that assembly is —
(a) to overawe by criminal force, or show of criminal force, the Central Government
or any State Government or Parliament or the Legislature of any State, or any public
servant in the exercise of the lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of criminal force, to any person, to take or
obtain possession of any property, or to deprive any person of the enjoyment of aright of way, or of the use of water or other incorporeal right of which he is in possession
or enjoyment, or to enforce any right or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to
do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation .—An assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
(2) Whoever, being aware of facts which render any assembly an unlawful assembly,
intentionally joins that assembly, or continues in it, is said to be a member of an unlawful
assembly and such member shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine, or with both.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful
assembly has been commanded in the manner prescribed by law to disperse, shall be punished
with imprisonment of either description for a term which may extend to two years, or with
fine, or with both.Person
employed inmint causing
coin to be of
different
weight or
composition
from that
fixed by law.
Unlawfully
taking coining
instrumentfrom mints.
Unlawful
assembly.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61
(4) Whoever, being armed with any deadly weapon, or with anything which, used as a
weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall bepunished with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
(5) Whoever knowingly joins or continues in any assembly of five or more persons
likely to cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
Explanation .—If the assembly is an unlawful assembly within the meaning of
sub-section ( 1), the offender shall be punishable under sub-section ( 3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring,
engagement or employment of any person to join or become a member of any unlawful
assembly, shall be punishable as a member of such unlawful assembly, and for any offence
which may be committed by any such person as a member of such unlawful assembly inpursuance of such hiring, engagement or employment, in the same manner as if he had been
a member of such unlawful assembly, or himself had committed such offence.
(7) Whoever harbours, receives or assembles, in any house or premises in his
occupation or charge, or under his control any persons knowing that such persons have
been hired, engaged or employed, or are about to be hired, engaged or employed, to join or
become members of an unlawful assembly, shall be punished with imprisonment of eitherdescription for a term which may extend to six months, or with fine, or with both.
(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or
assist in doing any of the acts specified in sub-section ( 1), shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section ( 8), goes armed,
or engages or offers to go armed, with any deadly weapon or with anything which used as aweapon of offence is likely to cause death, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or with fine, or with both.
188. If an offence is committed by any member of an unlawful assembly in prosecution
of the common object of that assembly, or such as the members of that assembly knew to belikely to be committed in prosecution of that object, every person who, at the time of thecommitting of that offence, is a member of the same assembly, is guilty of that offence
.
189. (1) Whenever force or violence is used by an unlawful assembly, or by any
member thereof, in prosecution of the common object of such assembly, every member ofsuch assembly is guilty of the offence of rioting.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything
which, used as a weapon of offence, is likely to cause death, shall be punished withimprisonment of either description for a term which may extend to five years, or with fine, orwith both.
190.Whoever malignantly, or wantonly by doing anything which is illegal, gives
provocation to any person intending or knowing it to be likely that such provocation willcause the offence of rioting to be committed, shall, if the offence of rioting be committed inconsequence of such provocation, be punished with imprisonment of either description fora term which may extend to one year, or with fine, or with both; and if the offence of riotingbe not committed, with imprisonment of either description for a term which may extend to sixmonths, or with fine, or with both.Every member
of unlawful
assembly guilty
of offence
committed inpersecution of
common
object.
Rioting.
Wantonly
giving
provocationwith intent to
cause riot-if
rioting be
committed; if
not
committed.
191. (1) Whenever any unlawful assembly or riot takes place, the owner or occupier of
the land upon which such unlawful assembly is held, or such riot is committed, and anyperson having or claiming an interest in such land, shall be punishable with fine not exceedingone thousand rupees, if he or his agent or manager, knowing that such offence is being orhas been committed, or having reason to believe it is likely to be committed, do not give theearliest notice thereof in his or their power to the officer in charge at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to becommitted, use all lawful means in his or their power to prevent it and, in the event of itstaking place, do not use all lawful means in his or their power to disperse or suppress the riotor unlawful assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the
owner or occupier of any land respecting which such riot takes place or who claims anyinterest in such land, or in the subject of any dispute which gave rise to the riot, or who hasaccepted or derived any benefit therefrom, such person shall be punishable with fine, if he orhis agent or manager, having reason to believe that such riot was likely to be committed orthat the unlawful assembly by which such riot was committed was likely to be held, shall notrespectively use all lawful means in his or their power to prevent such assembly or riot fromtaking place, and for suppressing and dispersing the same.
(3) Whenever a riot is committed for the benefit or on behalf of any person who is the
owner or occupier of any land respecting which such riot takes place, or who claims anyinterest in such land, or in the subject of any dispute which gave rise to the riot, or who hasaccepted or derived any benefit therefrom, the agent or manager of such person shall bepunishable with fine, if such agent or manager, having reason to believe that such riot was
likely to be committed, or that the unlawful assembly by which such riot was committed was
likely to be held, shall not use all lawful means in his power to prevent such riot or assemblyfrom taking place and for suppressing and dispersing the same.
192. (1) When two or more persons, by fighting in a public place, disturb the public
peace, they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description
for a term which may extend to one month, or with fine which may extend to one thousandrupees, or with both.
193. (1) Whoever assaults or obstructs any public servant or uses criminal force on
any public servant in the discharge of his duty in endeavouring to disperse an unlawful
assembly, or to suppress a riot or affray, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or with fine which shall not be less
than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threaten
or attempts to use criminal force to any public servant in the discharge of his duty inendeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
194. (1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations
or through electronic communication or otherwise, promotes or attempts to promote,
on grounds of religion, race, place of birth, residence, language, caste or community orany other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will
between different religious, racials, language or regional groups or castes or
communities; orLiability of
owner,occupier, etc.,
of land on
which an
unlawful
assembly orriot takes
place.
Affray.
Assaulting or
obstructing
public servant
when
supperssing
riot, etc.
Promoting
enmity
between
different
groups on
ground of
religion, race,
place of birth,residence,
language, etc.,
and doing acts
prejudicial to
maintenanceof harmony.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63
(b) commits any act which is prejudicial to the maintenance of harmony between
different religious, racial, language or regional groups or castes or communities, andwhich disturbs or is likely to disturb the public tranquility; or
(c) organises any exercise, movement, drill or other similar activity intending that
the participants in such activity shall use or be trained to use criminal force or violence
or knowing it to be likely that the participants in such activity will use or be trained to
use criminal force or violence, or participates in such activity intending to use or betrained to use criminal force or violence or knowing it to be likely that the participants
in such activity will use or be trained to use criminal force or violence, against any
religious, racial, language or regional group or caste or community and such activityfor any reason whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional group or
caste or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with
both.
(2) Whoever commits an offence specified in sub-section ( 1) in any place of worship
or in any assembly engaged in the performance of religious worship or religious ceremonies,shall be punished with imprisonment which may extend to five years and shall also be liable
to fine.
195. (1) Whoever, by words either spoken or written or by signs or by visible
representations or through electronic communication or otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by
reason of their being members of any religious, racial, language or regional group or
caste or community, bear true faith and allegiance to the Constitution of India as by law
established or uphold the sovereignty and integrity of India; or
(b) asserts, counsels, advises, propagates or publishes that any class of persons
shall, by reason of their being members of any religious, racial, language or regional
group or caste or community, be denied, or deprived of their rights as citizens of India; or
(c) makes or publishes any assertion, counsel, plea or appeal concerning the
obligation of any class of persons, by reason of their being members of any religious,
racial, language or regional group or caste or community, and such assertion, counsel,
plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or
ill-will between such members and other persons; or
(d) makes or publishes false or misleading information jeopardising the
sovereignty unity and integrity or security of India,
shall be punished with imprisonment which may extend to three years, or with fine, or with
both.
(2) Whoever commits an offence specified in sub-section ( 1) in any place of worship
or in any assembly engaged in the performance of religious worship or religious ceremonies,
shall be punished with imprisonment which may extend to five years and shall also be liable
to fine.
CHAPTER XII
O
F OFFENCES BY OR RELATING TO PUBLIC SERV ANTS
196. Whoever, being a public servant, knowingly disobeys any direction of the law as
to the way in which he is to conduct himself as such public servant, intending to cause, or
knowing it to be likely that he will by such disobedience, cause injury to any person, shall be
punished with simple imprisonment for a term which may extend to one year, or with fine, or
with both.Imputations,
assertions
prejudicial tonational
integration.
Public servant
disobeying law,with intent to
cause injury to
any person.
Illustration.
A, being an officer directed by law to take property in execution, in order to satisfy a
decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with
the knowledge that he is likely thereby to cause injury to Z. A has committed the offence
defined in this section.
197. Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring
the attendance at any place of any person for the purpose of investigation into an
offence or any other matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of
the law regulating the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub-section ( 1) of
section 174 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable
offence punishable under section 64, section 65 section 66, section 67, section 68,
section 71, section 73, section 76, section 122 or section 141 or section 142,
shall be punished with rigorous imprisonment for a term which shall not be less than
six months but which may extend to two years, and shall also be liable to fine.
198. Whoever, being in charge of a hospital, public or private, whether run by the
Central Government, the State Government, local bodies or any other person, contravenes
the provisions of section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be
punished with imprisonment for a term which may extend to one year or with fine or with
both.
199. Whoever, being a public servant, and being, as such public servant, charged with
the preparation or translation of any document or electronic record, frames, prepares or
translates that document or electronic record in a manner which he knows or believes to beincorrect, intending thereby to cause or knowing it to be likely that he may thereby cause
injury to any person, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
200. Whoever, being a public servant, and being legally bound as such public servant
not to engage in trade, engages in trade, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both or with community service.
201. Whoever, being a public servant, and being legally bound as such public servant,
not to purchase or bid for certain property, purchases or bids for that property, either in his
own name or in the name of another, or jointly, or in shares with others, shall be punishedwith simple imprisonment for a term which may extend to two years, or with fine, or with both;
and the property, if purchased, shall be confiscated.
202. Whoever pretends to hold any particular office as a public servant, knowing that
he does not hold such office or falsely personates any other person holding such office, and
in such assumed character does or attempts to do any act under colour of such office, shall
be punished with imprisonment of either description for a term which shall not be less thansix months but which may extend to three years and with fine.
203. Whoever, not belonging to a certain class of public servants, wears any garb or
carries any token resembling any garb or token used by that class of public servants, withthe intention that it may be believed, or with the knowledge that it is likely to be believed, that
he belongs to that class of public servants, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend tofive thousand rupees, or with both.Public servant
disobeying
direction under
law.
Punishment
for non-
treatment of
victim.
Public servant
framing an
incorrect
document with
intent to cause
injury.
Public servant
unlawfully
engaging in
trade.
Public servant
unlawfully
buying or
bidding for
property.
Personating a
public servant.
Wearing garb
or carrying
token used by
public servantwith fraudulent
intent.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERV ANTS
204. Whoever absconds in order to avoid being served with a summons, notice or
order proceeding from any public servant legally competent, as such public servant, to issue
such summons, notice or order,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five thousand rupees, or with both;
(b) where such summons or notice or order is to attend in person or by agent, or
to produce a document or an electronic record in a Court shall punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend
to ten thousand rupees, or with both.
205. Whoever in any manner intentionally prevents the serving on himself, or on any
other person, of any summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order, or intentionallyprevents the lawful affixing to any place of any such summons, notice or orderor intentionally
removes any such summons, notice or order from any place to which it is lawfully affixed or
intentionally prevents the lawful making of any proclamation, under the authority of anypublic servant legally competent, as such public servant, to direct such proclamation to be
made,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month or with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by
agent, or to produce a document or electronic record in a Court with simple imprisonmentfor a term which may extend to six months, or with fine which may extend to tenthousand rupees
, or with both.
206. Whoever, being legally bound to attend in person or by an agent at a certain place
and time in obedience to a summons, notice, order, or proclamation proceeding from anypublic servant legally competent, as such public servant, to issue the same, intentionallyomits to attend at that place or time or departs from the place where he is bound to attendbefore the time at which it is lawful for him to depart,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by
agent in a Court with simple imprisonment for a term which may extend to six months,or with fine which may extend to ten thousand rupees
,or with both.
Illustrations.
(a) A, being legally bound to appear before a High Court, in obedience to a
subpoena issuing from that Court, intentionally omits to appear. A has committed theoffence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in
obedience to a summons issued by that District Judge intentionally omits to appear. Ahas committed the offence defined in this section.
207. Whoever fails to appear at the specified place and the specified time as required
by a proclamation published under sub-section ( 1) of section 84 of the Bhartiya Nagarik
Suraksha Sanhita, 2023
shall be punished with imprisonment for a term which may extend to
three years or with fine or with both or with community service, and where a declaration hasbeen made under sub-section ( 4) of that section pronouncing him as a proclaimed offender,
he shall be punished with imprisonment for a term which may extend to seven years and shallalso be liable to fine.Absconding to
avoid service
of summons or
other
proceeding.
Preventing
service of
summons or
other
proceeding, or
preventingpublication
thereof.
Non-
attendance in
obedience to
an order from
public servant.
Non-
appearance in
response to a
proclamation
under section82 of Bhartiya
Nagarik
Suraksha
Sunhita, 2023.
208. Whoever, being legally bound to produce or deliver up any document or electronic
record to any public servant, as such, intentionally omits so to produce or deliver up thesame,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered
up to a Court with simple imprisonment for a term which may extend to six months, orwith fine which may extend to ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally
omits to produce the same. A has committed the offence defined in this section.
209. Whoever, being legally bound to give any notice or to furnish information on any
subject to any public servant, as such, intentionally omits to give such notice or to furnishsuch information in the manner and at the time required by law,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five thousand rupees, or with both;
(b) where the notice or information required to be given respects the commission
of an offence, or is required for the purpose of preventing the commission of anoffence, or in order to the apprehension of an offender, with simple imprisonment for aterm which may extend to six months, or with fine which may extend to ten thousandrupees, or with both;
(c) where the notice or information required to be given is required by an order
passed under section 447 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with
imprisonment of either description for a term which may extend to six months, or withfine which may extend to one thousand rupees, or with both.
210. Whoever, being legally bound to furnish information on any subject to any
public servant, as such, furnishes, as true, information on the subject which he knows or hasreason to believe to be false,––
(a) shall be punished with simple imprisonment for a term which may extend to
six months, or with fine which may extend to five thousand rupees
, or with both;
(b) where the information which he is legally bound to give respects the
commission of an offence, or is required for the purpose of preventing the commissionof an offence, or in order to the apprehension of an offender, with imprisonment ofeither description for a term which may extend to two years, or with fine, or with both.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of
his estate, wilfully misinforms the Magistrate of the district that the death has occurredby accident in consequence of the bite of a snake. A is guilty of the offence defined inthis section.
(b) A, a village watchman, knowing that a considerable body of strangers has
passed through his village in order to commit a dacoity in the house of Z, residing in aneighbouring place, and being section 28 of the
Bhartiya Nagarik Suraksha Sanhita,
2023 to give early and punctual information of the above fact to the officer of thenearest police-station, wilfully misinforms the police officer that a body of suspiciouscharacters passed through the village with a view to commit dacoity in a certain distantplace in a different direction. Here A is guilty of the offence defined in the latter part ofthis section.Omission to
produce
document to
public servant
by person
legally bound
to produce it.
Omission to
give notice or
information to
public servant
by person
legally bound
to give it.
Furnishing
false
information.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67
Explanation .—In section 209 and in this section the word “offence” include any act
committed at any place out of India, which, if committed in India, would be punishableunder any of the following sections, namely, 97, 99, 172, 173, 174, 175, 301, clauses ( b) to
(d) of section 303, sections 304, 305, 306, 320, 325 and 326 and the word “offender”
includes any person who is alleged to have been guilty of any such act.
211. Whoever refuses to bind himself by an oath or affirmation to state the truth,
when required so to bind himself by a public servant legally competent to require that heshall so bind himself, shall be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to five thousand rupees, or with both.
212. Whoever, being legally bound to state the truth on any subject to any public
servant, refuses to answer any question demanded of him touching that subject by suchpublic servant in the exercise of the legal powers of such public servant, shall be punished
with simple imprisonment for a term which may extend to six months, or with fine which
may extend to five thousand rupees, or with both.
213. Whoever refuses to sign any statement made by him, when required to sign
that statement by a public servant legally competent to require that he shall sign thatstatement, shall be punished with simple imprisonment for a term which may extend to
three months, or with fine which may extend to three thousand rupees, or with both.
214. Whoever, being legally bound by an oath or affirmation to state the truth on
any subject to any public servant or other person authorised by law to administer suchoath or affirmation, makes, to such public servant or other person as aforesaid, touching
that subject, any statement which is false, and which he either knows or believes to be
false or does not believe to be true, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, and shall also be liable to fine.
215. Whoever gives to any public servant any information which he knows or
believes to be false, intending thereby to cause, or knowing it to be likely that he willthereby cause, such public servant—
(a) to do or omit anything which such public servant ought not to do or omit
if the true state of facts respecting which such information is given were known byhim; or
(b) to use the lawful power of such public servant to the injury or annoyance
of any person,
shall be punished with imprisonment of either description for a term which may extend to
one year, or with fine which may extend to ten thousand rupees, or with both.
Illustrations.
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate,
has been guilty of neglect of duty or misconduct, knowing such information to be false,
and knowing it to be likely that the information will cause the Magistrate to dismiss Z. Ahas committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place,
knowing such information to be false, and knowing that it is likely that the consequence
of the information will be a search of Z’s premises, attended with annoyance to Z. A has
committed the offence defined in this section.Refusing oath
or affirmation
when duly
required by
public servant
to make it.
Refusing to
answer public
servantauthorised to
question.
Refusing to
sign statement.
False
statement on
oath or
affirmation topublic sevant
or person
authorised to
administer an
oath oraffirmation.
False
information,with intent tocause publicservant to usehis lawfulpower to theinjury ofanotherperson.
(c) A falsely informs a policeman that he has been assaulted and robbed in the
neighbourhood of a particular village. He does not mention the name of any person as oneof his assailants, but knows it to be likely that in consequence of this information the
police will make enquiries and institute searches in the village to the annoyance of the
villagers or some of them. A has committed an offence under this section.
216. Whoever offers any resistance to the taking of any property by the lawful
authority of any public servant, knowing or having reason to believe that he is suchpublic servant, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to ten thousand rupees, or with
both.
217. Whoever intentionally obstructs any sale of property offered for sale by the
lawful authority of any public servant, as such, shall be punished with imprisonment of
either description for a term which may extend to one month, or with fine which may
extend to five thousand rupees, or with both.
218. Whoever, at any sale of property held by the lawful authority of a public
servant, as such, purchases or bids for any property on account of any person, whether
himself or any other, whom he knows to be under a legal incapacity to purchase thatproperty at that sale, or bids for such property not intending to perform the obligations
under which he lays himself by such bidding, shall be punished with imprisonment of
either description for a term which may extend to one month, or with fine which mayextend to two hundred rupees, or with both.
219. Whoever voluntarily obstructs any public servant in the discharge of his
public functions, shall be punished with imprisonment of either description for a term
which may extend to three months, or with fine which may extend to two thousand five
hundred rupees, or with both.
220. Whoever, being bound by law to render or furnish assistance to any public
servant in the execution of his public duty, intentionally omits to give such assistance,––
(a) shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to two thousand five hundred rupees,or with both;
(b) and where such assistance be demanded of him by a public servant legally
competent to make such demand for the purposes of executing any process lawfullyissued by a Court or of preventing the commission of an offence, or suppressing a
riot, or affray, or of apprehending a person charged with or guilty of an offence, or
of having escaped from lawful custody, shall be punished with simple imprisonmentfor a term which may extend to six months, or with fine which may extend to five
thousand rupees, or with both.
221. Whoever, knowing that, by an order promulgated by a public servant lawfully
empowered to promulgate such order, he is directed to abstain from a certain act, or to take
certain order with certain property in his possession or under his management, disobeys
such direction,––
(a) shall, if such disobedience causes or tends to cause obstruction, annoyance
or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed,
be punished with simple imprisonment for a term which may extend to six months orwith fine which may extend to two thousand five hundred rupees, or with both;Resistance to
the taking ofproperty bythe lawfulauthority of apublic servant.
Obstructing
sale ofpropertyoffered for saleby authority ofpublic servant.
Illegal purchase
or bid forpropertyoffered for saleby authority ofpublic servant.
Obstructing
public servantin discharge ofpublicfunctions.
Omission to
assist publicservant whenbound by lawto giveassistance.
Disobedience
to order dulypromulgatedby publicservant.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69
(b) and where such disobedience causes or tends to cause danger to human
life, health or safety, or causes or tends to cause a riot or affray, shall be punishedwith imprisonment of either description for a term which may extend to one year, or
with fine which may extend to five thousand rupees, or with both.
Explanation. —It is not necessary that the offender should intend to produce harm,
or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of
the order which he disobeys, and that his disobedience produces, or is likely to produce,
harm.
Illustration.
An order is promulgated by a public servant lawfully empowered to promulgate
such order, directing that a religious procession shall not pass down a certain street. A
knowingly disobeys the order, and thereby causes danger of riot. A has committed the
offence defined in this section.
222. Whoever holds out any threat of injury to any public servant, or to any person
in whom he believes that public servant to be interested, for the purpose of inducing thatpublic servant to do any act, or to forbear or delay to do any act, connected with the
exercise of the public functions of such public servant, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or with both.
223. Whoever holds out any threat of injury to any person for the purpose of
inducing that person to refrain or desist from making a legal application for protection
against any injury to any public servant legally empowered as such to give such protection,or to cause such protection to be given, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
224. Whoever attempts to commit suicide with the intent to compel or restrain any
public servant from discharging his official duty shall be punished with simple imprisonment
for a term which may extend to one year or with fine or with both or with community
service.
CHAPTER XIV
O
F FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
225. Whoever, being legally bound by an oath or by an express provision of law to
state the truth, or being bound by law to make a declaration upon any subject, makes anystatement which is false, and which he either knows or believes to be false or does not
believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it is
made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within
the meaning of this section, and a person may be guilty of giving false evidence by
stating that he believes a thing which he does not believe, as well as by stating that he
knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees,
falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false
evidence.Threat of
injury topublic servant.
Threat of
injury toinduce personto refrainfrom applyingfor protectionto publicservant.
Attempt to
commit suicideto compel orrestraintexercise oflawful power.
Giving false
evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain
signature to be the handwriting of Z, when he does not believe it to be the handwriting ofZ. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a
certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’sstatement is merely as to his belief, and is true as to his belief, and therefore, although the
signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at
a particular place on a particular day, not knowing anything upon the subject. A gives
false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or
translation of a statement or document which he is bound by oath to interpret or translate
truly, that which is not and which he does not believe to be a true interpretation or
translation. A has given false evidence.
226. Whoever causes any circumstance to exist or makes any false entry in any
book or record, or electronic record or makes any document or electronic record containing
a false statement, intending that such circumstance, false entry or false statement mayappear in evidence in a judicial proceeding, or in a proceeding taken by law before a public
servant as such, or before an arbitrator, and that such circumstance, false entry or false
statement, so appearing in evidence, may cause any person who in such proceeding is toform an opinion upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be
found in that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes
a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in
such criminal conspiracy, and puts the letter in a place which he knows that the officers of
the police are likely to search. A has fabricated false evidence.
227. (1) Whoever intentionally gives false evidence in any of a judicial proceeding,
or fabricates false evidence for the purpose of being used in any stage of a judicial
proceeding, shall be punished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine which may extend to ten
thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than
that referred to in sub-section ( 1), shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine which may
extend to five thousand rupees.Fabricating
false evidence.
Punishment
for falseevidence.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before
a Court is a stage of a judicial proceeding, though that investigation may not take place
before a Court.
Illustration.
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z
ought to be committed for trial, makes on oath a statement which he knows to be false. As
this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law, and
conducted under the authority of a Court is a stage of a judicial proceeding, though that
investigation may not take place before a Court.
Illustration.
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the
boundaries of land, makes on oath a statement which he knows to be false. As this
enquiry is a stage of a judicial proceeding, A has given false evidence.
228. (1) Whoever gives or fabricates false evidence, intending thereby to cause, or
knowing it to be likely that he will thereby cause, any person to be convicted of anoffence which is capital by the law for the time being in force in India shall be punished
with imprisonment for life, or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence
referred in sub-section ( 1), the person who gives such false evidence shall be punished
either with death or the punishment hereinbefore described.
229. Whoever gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any person to be convicted of anoffence which by the law for the time being in force in India is not capital, but punishable
with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be
punished as a person convicted of that offence would be liable to be punished.
Illustration.
A gives false evidence before a Court intending thereby to cause Z to be convicted
of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment
for a term which may extend to ten years, with or without fine. A, therefore, is liable toimprisonment for life or imprisonment, with or without fine.
230. (1) Whoever threatens another with any injury to his person, reputation or
property or to the person or reputation of any one in whom that person is interested, with
intent to cause that person to give false evidence shall be punished with imprisonment ofeither description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and sentenced in consequence of false evidence
referred to in sub-section ( 1), with death or imprisonment for more than seven years, the
person who threatens shall be punished with the same punishment and sentence in the
same manner and to the same extent such innocent person is punished and sentenced.Giving or
fabricatingfalse evidencewith intent toprocureconviction ofcapitaloffence.
Giving or
fabricatingfalse evidencewith intent toprocureconviction ofoffencepunishable withimprisonmentfor life orimprisonment.
Threatening
any person togive falseevidence.
231. Whoever corruptly uses or attempts to use as true or genuine evidence any
evidence which he knows to be false or fabricated, shall be punished in the same manneras if he gave or fabricated false evidence.
232. Whoever issues or signs any certificate required by law to be given or signed,
or relating to any fact of which such certificate is by law admissible in evidence, knowing
or believing that such certificate is false in any material point, shall be punished in the
same manner as if he gave false evidence.
233. Whoever corruptly uses or attempts to use any such certificate as a true
certificate, knowing the same to be false in any material point, shall be punished in the
same manner as if he gave false evidence.
234. Whoever, in any declaration made or subscribed by him, which declaration any
Court or any public servant or other person, is bound or authorised by law to receive as
evidence of any fact, makes any statement which is false, and which he either knows orbelieves to be false or does not believe to be true, touching any point material to the
object for which the declaration is made or used, shall be punished in the same manner as
if he gave false evidence.
235. Whoever corruptly uses or attempts to use as true any such declaration,
knowing the same to be false in any material point, shall be punished in the same manner
as if he gave false evidence.
Explanation.— A declaration which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of section 234 and this section.
236.Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear, with theintention of screening the offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be false shall,—
(a) if the offence which he knows or believes to have been committed is
punishable with death be punished with imprisonment of either description for aterm which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment
which may extend to ten years, be punished with imprisonment of either descriptionfor a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment for any term not extending
to ten years, be punished with imprisonment of the description provided for the
offence, for a term which may extend to one-fourth part of the longest term of theimprisonment provided for the offence, or with fine, or with both.
Illustration.
A, knowing that B has murdered Z, assists B to hide the body with the intention of
screening B from punishment. A is liable to imprisonment of either description for seven
years, and also to fine.
237. Whoever, knowing or having reason to believe that an offence has been
committed, intentionally omits to give any information respecting that offence which he islegally bound to give, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five thousand rupees,
or with both.Using evidence
known to befalse.
Issuing or
signing falsecertificate.
Using as true a
certificateknown to befalse.
False
statementmade indeclarationwhich is bylaw receivableas evidence.
Using as true
suchdeclarationknowing it tobe false.
Causing
disappearanceof evidence ofoffence, orgiving falseinformationto screenoffender.
Intentional
omission togiveinformationof offence byperson boundto inform.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73
238.Whoever, knowing or having reason to believe that an offence has been
committed, gives any information respecting that offence which he knows or believes to
be false, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Explanation. —In sections 236 and 237 and in this section the word “offence”
includes any act committed at any place out of India, which, if committed in India, wouldbe punishable under any of the following sections, namely, 97, 99, 172, 173, 174, 175,301,303, 304, 305, 306, 320, 325 and 326.
239. Whoever secretes or destroys any document or electronic record which he
may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfullyheld before a public servant, as such, or obliterates or renders illegible the whole or anypart of such document or electronic record with the intention of preventing the same frombeing produced or used as evidence before such Court or public servant as aforesaid, orafter he shall have been lawfully summoned or required to produce the same for that
purpose, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine which may extend to five thousand rupees, or with both.
240. Whoever falsely personates another, and in such assumed character makes
any admission or statement, or confesses judgment, or causes any process to be issued orbecomes bail or security, or does any other act in any suit or criminal prosecution, shall bepunished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
241. Whoever fraudulently removes, conceals, transfers or delivers to any person
any property or any interest therein, intending thereby to prevent that property or interesttherein from being taken as a forfeiture or in satisfaction of a fine, under a sentence whichhas been pronounced, or which he knows to be likely to be pronounced, by a Court orother competent authority, or from being taken in execution of a decree or order which has
been made, or which he knows to be likely to be made by a Court in a civil suit, shall be
punished with imprisonment of either description for a term which may extend to threeyears or with fine which may extend to five thousand rupees, or with both.
242. Whoever fraudulently accepts, receives or claims any property or any interest
therein, knowing that he has no right or rightful claim to such property or interest, orpractices any deception touching any right to any property or any interest therein,
intending thereby to prevent that property or interest therein from being taken as a forfeiture
or in satisfaction of a fine, under a sentence which has been pronounced, or which heknows to be likely to be pronounced by a Court or other competent authority, or frombeing taken in execution of a decree or order which has been made, or which he knows tobe likely to be made by a Court in a civil suit, shall be punished with imprisonment ofeither description for a term which may extend to two years, or with fine, or with both.
243. Whoever fraudulently causes or suffers a decree or order to be passed against
him at the suit of any person for a sum not due or for a larger sum than is due to suchperson or for any property or interest in property to which such person is not entitled, orfraudulently causes or suffers a decree or order to be executed against him after it hasbeen satisfied, or for anything in respect of which it has been satisfied, shall be punishedwith imprisonment of either description for a term which may extend to two years, or with
fine, or with both.Giving false
informationrespecting anoffencecommitted.
Destruction of
document toprevent itsproduction asevidence.
False
personationfor purpose ofact orproceeding insuit orprosecution.
Fraudulent
removal orconcealmentof property toprevent itsseizure asforfeited or inexecution.
Fraudulent
claim toproperty toprevent itsseizure asforfeited or inexecution.
Fraudulently
sufferingdecree for sumnot due.
Illustration.
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against
him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of
B, who has no just claim against him, in order that B, either on his own account or for thebenefit of Z, may share in the proceeds of any sale of Z’s property which may be made
under A’s decree. Z has committed an offence under this section.
244. Whoever fraudulently or dishonestly, or with intent to injure or annoy any
person, makes in a Court any claim which he knows to be false, shall be punished withimprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
245. Whoever fraudulently obtains a decree or order against any person for a sum
not due, or for a larger sum than is due or for any property or interest in property to which
he is not entitled, or fraudulently causes a decree or order to be executed against anyperson after it has been satisfied or for anything in respect of which it has been satisfied,
or fraudulently suffers or permits any such act to be done in his name, shall be punished
with imprisonment of either description for a term which may extend to two years, or withfine, or with both.
246. Whoever, with intent to cause injury to any person, institutes or causes to be
instituted any criminal proceeding against that person, or falsely charges any person with
having committed an offence, knowing that there is no just or lawful ground for suchproceeding or charge against that person,—
(a) shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine which may extend to two lakh rupees, or with
both;
(b) if such criminal proceeding be instituted on a false charge of an offence
punishable with death, imprisonment for life, or imprisonment for ten years or upwards,shall be punishable with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
247. Whenever an offence has been committed, whoever harbours or conceals a
person whom he knows or has reason to believe to be the offender, with the intention of
screening him from legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to five years, and shall also be liable
to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment
which may extend to ten years, be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend to one
year, and not to ten years, be punished with imprisonment of the description provided
for the offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
Explanation.–– “Offence” in this section includes any act committed at any place
out of India, which, if committed in India, would be punishable under any of the followingsections, namely 97, 99, 172, 173, 174, 175, 301,303, 304, 305, 306, 320, 325 and 326 andDishonestly
making falseclaim inCourt.
Fraudulently
obtainingdecree for sumnot due.
False charge
of offencemade withintent toinjure.
Harbouring
offender.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75
every such act shall, for the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in India.
Exception .—This section shall not extend to any case in which the harbour or
concealment is by the spouse of the offender.
Illustration.
A, knowing that B has committed dacoity, knowingly conceals B in order to screen
him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to
imprisonment of either description for a term not exceeding three years, and is also liableto fine.
248. Whoever accepts or attempts to obtain, or agrees to accept, any gratification
for himself or any other person, or any restitution of property to himself or any other
person, in consideration of his concealing an offence or of his screening any person from
legal punishment for any offence, or of his not proceeding against any person for thepurpose of bringing him to legal punishment shall,––
(a) if the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be
liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment
which may extend to ten years, be punished with imprisonment of either descriptionfor a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years,
be punished with imprisonment of the description provided for the offence for a
term which may extend to one-fourth part of the longest term of imprisonmentprovided for the offence, or with fine, or with both.
249. Whoever gives or causes, or offers or agrees to give or cause, any gratification
to any person, or restores or causes the restoration of any property to any person, in
consideration of that person’s concealing an offence, or of his screening any person from
legal punishment for any offence, or of his not proceeding against any person for thepurpose of bringing him to legal punishment shall,––
(a) if the offence is punishable with death, be punished with imprisonment of
either description for a term which may extend to seven years, and also be liable to
fine;
(b) if the offence is punishable with imprisonment for life or with imprisonment
which may extend to ten years, be punished with imprisonment of either descriptionfor a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years,
be punished with imprisonment of the description provided for the offence for a
term which may extend to one-fourth part of the longest term of imprisonmentprovided for the offence, or with fine, or with both.
250. Whoever takes or agrees or consents to take any gratification under pretence
or on account of helping any person to recover any movable property of which he shall
have been deprived by any offence punishable under this Sanhita , shall, unless he uses
all means in his power to cause the offender to be apprehended and convicted of theTaking gift,
etc., to screenan offenderfrompunishment.
Offering gift
or restorationof property inconsiderationof screeningoffender.
Taking gift to
help torecover stolenproperty, etc.
offence, be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
251. Whenever any person convicted of or charged with an offence, being in lawful
custody for that offence, escapes from such custody, or whenever a public servant, in theexercise of the lawful powers of such public servant, orders a certain person to be
apprehended for an offence, whoever, knowing of such escape or order for apprehension,
harbours or conceals that person with the intention of preventing him from beingapprehended, shall be punished in the manner following, namely:––
(a) if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also beliable to fine;
(b) if the offence is punishable with imprisonment for life or imprisonment for
ten years, he shall be punished with imprisonment of either description for a term
which may extend to three years, with or without fine;
(c) if the offence is punishable with imprisonment which may extend to one
year and not to ten years, he shall be punished with imprisonment of the descriptionprovided for the offence for a term which may extend to one-fourth part of the
longest term of the imprisonment provided for such offence, or with fine, or with
both.
Explanation.–– “Offence” in this section includes also any act or omission of which
a person is alleged to have been guilty out of India, which, if he had been guilty of it inIndia, would have been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained in custody in
India, and every such act or omission shall, for the purposes of this section, be deemed tobe punishable as if the accused person had been guilty of it in India.
Exception .—The provision does not extend to the case in which the harbour or
concealment is by the spouse of the person to be apprehended.
252. Whoever, knowing or having reason to believe that any persons are about to
commit or have recently committed robbery or dacoity, harbours them or any of them, with
the intention of facilitating the commission of such robbery or dacoity, or of screeningthem or any of them from punishment, shall be punished with rigorous imprisonment for a
term which may extend to seven years, and shall also be liable to fine.
Explanation. —For the purposes of this section it is immaterial whether the robbery
or dacoity is intended to be committed, or has been committed, within or without India.
Exception.— This section does not extend to the case in which the harbour is by the
spouse of the offender.
253. Whoever, being a public servant, knowingly disobeys any direction of the law
as to the way in which he is to conduct himself as such public servant, intending thereby
to save, or knowing it to be likely that he will thereby save, any person from legal
punishment, or subject him to a less punishment than that to which he is liable, or withintent to save, or knowing that he is likely thereby to save, any property from forfeiture or
any charge to which it is liable by law, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.Harbouring
offender whohas escapedfrom custodyor whoseapprehensionhas beenordered.
Penalty for
harbouringrobbers ordacoits.
Public servant
disobeyingdirection oflaw withintent to saveperson frompunishment orproperty fromforfeiture.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77
254. Whoever, being a public servant, and being as such public servant, charged
with the preparation of any record or other writing, frames that record or writing in amanner which he knows to be incorrect, with intent to cause, or knowing it to be likely that
he will thereby cause, loss or injury to the public or to any person, or with intent thereby
to save, or knowing it to be likely that he will thereby save, any person from legalpunishment, or with intent to save, or knowing that he is likely thereby to save, any
property from forfeiture or other charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine,or with both.
255. Whoever, being a public servant, corruptly or maliciously makes or pronounces
in any stage of a judicial proceeding, any report, order, verdict, or decision which he
knows to be contrary to law, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine, or with both.
256. Whoever, being in any office which gives him legal authority to commit persons
for trial or to confinement, or to keep persons in confinement, corruptly or maliciouslycommits any person for trial or to confinement, or keeps any person in confinement, in the
exercise of that authority knowing that in so doing he is acting contrary to law, shall be
punished with imprisonment of either description for a term which may extend to sevenyears, or with fine, or with both.
257. Whoever, being a public servant, legally bound as such public servant to
apprehend or to keep in confinement any person charged with or liable to be apprehended
for an offence, intentionally omits to apprehend such person, or intentionally suffers suchperson to escape, or intentionally aids such person in escaping or attempting to escape
from such confinement, shall be punished,––
(a) with imprisonment of either description for a term which may extend to
seven years, with or without fine, if the person in confinement, or who ought to
have been apprehended, was charged with, or liable to be apprehended for, an
offence punishable with death; or
(b) with imprisonment of either description for a term which may extend to
three years, with or without fine, if the person in confinement, or who ought to have
been apprehended, was charged with, or liable to be apprehended for, an offencepunishable with imprisonment for life or imprisonment for a term which may extend
to ten years; or
(c) with imprisonment of either description for a term which may extend to two
years, with or without fine, if the person in confinement, or who ought to have been
apprehended, was charged with, or liable to be apprehended for, an offence
punishable with imprisonment for a term less than ten years.
258. Whoever, being a public servant, legally bound as such public servant to
apprehend or to keep in confinement any person under sentence of a Court for any
offence or lawfully committed to custody, intentionally omits to apprehend such person,or intentionally suffers such person to escape or intentionally aids such person in escaping
or attempting to escape from such confinement, shall be punished,—
(a) with imprisonment for life or with imprisonment of either description for a
term which may extend to fourteen years, with or without fine, if the person in
confinement, or who ought to have been apprehended, is under sentence of
death; orPublic servant
framingincorrectrecord orwriting withintent to saveperson frompunishment orproperty fromforfeiture.
Public servant
in judicialproceedingcorruptlymaking report,etc., contraryto law.
Commitment
for trial orconfinement byperson havingauthority whoknows that he isacting contraryto law.
Intentional
omission toapprehend onthe part ofpublic servantbound toapprehend.
Intentional
omission toapprehend onthe part ofpublic servantbound toapprehendperson undersentence orlawfullycommitted.
(b) with imprisonment of either description for a term which may extend to
seven years, with or without fine, if the person in confinement or who ought to havebeen apprehended, is subject, by a sentence of a Court or by virtue of a commutation
of such sentence, to imprisonment for life or imprisonment for a term of ten years, or
upwards; or
(c) with imprisonment of either description for a term which may extend to
three years, or with fine, or with both, if the person in confinement or who ought tohave been apprehended is subject by a sentence of a Court to imprisonment for a
term not extending to ten years or if the person was lawfully committed to custody.
259. Whoever, being a public servant legally bound as such public servant to keep
in confinement any person charged with or convicted of any offence or lawfully committed
to custody, negligently suffers such person to escape from confinement, shall be punishedwith simple imprisonment for a term which may extend to two years, or with fine, or with
both.
260. Whoever intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself for any offence with which he is charged or of which he has been
convicted, or escapes or attempts to escape from any custody in which he is lawfullydetained for any such offence, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Explanation. —The punishment in this section is in addition to the punishment for
which the person to be apprehended or detained in custody was liable for the offence with
which he was charged, or of which he was convicted.
261. Whoever intentionally offers any resistance or illegal obstruction to the lawful
apprehension of any other person for an offence, or rescues or attempts to rescue anyother person from any custody in which that person is lawfully detained for an offence,—
(a) shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both;
(b) if the person to be apprehended, or the person rescued or attempted to be
rescued, is charged with or liable to be apprehended for an offence punishable with
imprisonment for life or imprisonment for a term which may extend to ten years, shall
be punished with imprisonment of either description for a term which may extend tothree years, and shall also be liable to fine;
(c) if the person to be apprehended, or rescued, or attempted to be rescued,
is charged with or liable to be apprehended for an offence punishable with death,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine;
(d) if the person to be apprehended or rescued, or attempted to be rescued, is
liable under the sentence of a Court or by virtue of a commutation of such a sentence,to imprisonment for life, or imprisonment, for a term of ten years, or upwards, shall
be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
(e) if the person to be apprehended or rescued, or attempted to be rescued, is
under sentence of death, shall be punished with imprisonment for life or imprisonmentof either description for a term not exceeding ten years, and shall also be liable to
fine.Resistance or
obstruction bya person to hislawfulapprehension.Escape from
confinementor custodynegligentlysuffered bypublic servant.
Resistance or
obstruction tolawfulapprehensionof anotherperson.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79
262. Whoever, being a public servant legally bound as such public servant to
apprehend, or to keep in confinement, any person in any case not provided for in section 257,section 258 or section 259, or in any other law for the time being in force, omits to apprehendthat person or suffers him to escape from confinement, shall be punished—
(a) if he does so intentionally, with imprisonment of either description for a term
which may extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
263. Whoever, in any case not provided for in section 260 or section 261 or in any
other law for the time being in force, intentionally offers any resistance or illegal obstructionto the lawful apprehension of himself or of any other person, or escapes or attempts toescape from any custody in which he is lawfully detained, or rescues or attempts to rescueany other person from any custody in which that person is lawfully detained, shall bepunished with imprisonment of either description for a term which may extend to six months,or with fine, or with both.
264. Whoever, having accepted any conditional remission of punishment, knowingly
violates any condition on which such remission was granted, shall be punished with thepunishment to which he was originally sentenced, if he has already suffered no part of thatpunishment, and if he has suffered any part of that punishment, then with so much of thatpunishment as he has not already suffered.
265. Whoever intentionally offers any insult, or causes any interruption to any public
servant, while such public servant is sitting in any stage of a judicial proceeding, shall bepunished with simple imprisonment for a term which may extend to six months, or with finewhich may extend to five thousand rupees, or with both.
266. Whoever, by personation or otherwise, shall intentionally cause, or knowingly
suffer himself to be returned, empanelled or sworn as an assessor in any case in which heknows that he is not entitled by law to be so returned, empanelled or sworn, or knowinghimself to have been so returned, empanelled or sworn contrary to law, shall voluntarilyserve on such assessor, shall be punished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.
267. Whoever, having been charged with an offence and released on bail or on bond
without sureties, fails without sufficient cause (the burden of proving which shall lie uponhim), to appear in court in accordance with the terms of the bail or bond, shall be punishedwith imprisonment of either description for a term which may extend to one year, or with fine,or with both.
Explanation.— The punishment under this section is—
(a) in addition to the punishment to which the offender would be liable on a
conviction for the offence with which he has been charged; and
(b) without prejudice to the power of the court to order forfeiture of the bond.
CHAPTER XV
O
F OFFENCES AFFECTING THE PUBLIC HEALTH , SAFETY , CONVENIENCE , DECENCY AND
MORALS
268. A person is guilty of a public nuisance who does any act or is guilty of an illegal
omission which causes any common injury, danger or annoyance to the public or to thepeople in general who dwell or occupy property in the vicinity, or which must necessarilycause injury, obstruction, danger or annoyance to persons who may have occasion to useany public right but a common nuisance is not excused on the ground that it causes someconvenience or advantage.Omission to
apprehend, orsufferance of
escape, on
part of public
servant, in
cases not
otherwise,
provided for.
Resistance or
obstruction to
lawful
apprehension
or escape or
rescue in cases
not otherwise
provided for.
Violation of
condition of
remission of
punishment.
Intentional
insult or
interruption
to public
servant sitting
in judicial
proceeding.
Personation
of an assessor.
Failure by
person
released on
bail or bond to
appear in
court.
Public
nuisance.
269. Whoever unlawfully or negligently does any act which is, and which he knows or
has reason to believe to be, likely to spread the infection of any disease dangerous to life,shall be punished with imprisonment of either description for a term which may extend to sixmonths, or with fine, or with both.
270. Whoever malignantly does any act which is, and which he knows or has reason
the believe to be, likely to spread the infection of any disease dangerous to life, shall bepunished with imprisonment of either description for a term which may extend to two years,or with fine, or with both.
271. Whoever knowingly disobeys any rule made by the Government for putting any
mode of transport into a state of quarantine, or for regulating the intercourse of any suchtransport in a state of quarantine or for regulating the intercourse between places where aninfectious disease prevails and other places, shall be punished with imprisonment of eitherdescription for a term which may extend to six months, or with fine, or with both.
272. Whoever adulterates any article of food or drink, so as to make such article
noxious as food or drink, intending to sell such article as food or drink, or knowing it to belikely that the same will be sold as food or drink, shall be punished with imprisonment ofeither description for a term which may extend to six months, or with fine which may extendto five thousand rupees, or with both.
273. Whoever sells, or offers or exposes for sale, as food or drink, any article which
has been rendered or has become noxious, or is in a state unfit for food or drink, knowing orhaving reason to believe that the same is noxious as food or drink, shall be punished withimprisonment of either description for a term which may extend to six months, or with finewhich may extend to five thousand rupees, or with both.
274. Whoever adulterates any drug or medical preparation in such a manner as to
lessen the efficacy or change the operation of such drug or medical preparation, or to makeit noxious, intending that it shall be sold or used for, or knowing it to be likely that it will besold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall bepunished with imprisonment of either description for a term which may extend to one year, orwith fine which may extend to five thousand rupees, or with both.
275. Whoever, knowing any drug or medical preparation to have been adulterated in
such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sellsthe same, or offers or exposes it for sale, or issues it from any dispensary for medicinalpurposes as unadulterated, or causes it to be used for medicinal purposes by any person notknowing of the adulteration, shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which may extend to five thousand rupees ,
or with both.
276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary
for medicinal purposes, any drug or medical preparation, as a different drug or medicalpreparation, shall be punished with imprisonment of either description for a term which mayextend to six months, or with fine which may extend to five thousand rupees, or with both.
277. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir,
so as to render it less fit for the purpose for which it is ordinarily used, shall be punished withimprisonment of either description for a term which may extend to six months, or with finewhich may extend to five thousand rupees
, or with both.
278. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious
to the health of persons in general dwelling or carrying on business in the neighbourhood orpassing along a public way, shall be punished with fine which may extend to one thousandrupees.
279. Whoever drives any vehicle, or rides, on any public way in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or injury to any otherNegligent act
likely to spread
infection of
disease
dangerous tolife.
M
alignant act
likely to spread
infection of
disease dangerous
to life.
Disobedience
to quarantine
rule.
Adulteration
of food or
drink intended
for sale.
Sale of noxious
food or drink.
Adulteration
of drugs.
Sale of
adulterated
drugs.
Sale of drug as
a different
drug or
preparation.
Fouling water
of public
spring or
reservoir.
Making
atmosphere
noxious to
health.
Rash driving
or riding on a
public way.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81
person, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
280. Whoever navigates any vessel in a manner so rash or negligent as to endanger
human life, or to be likely to cause hurt or injury to any other person, shall be punished withimprisonment of either description for a term which may extend to six months, or with finewhich may extend to ten thousand rupees, or with both.
281. Whoever exhibits any false light, mark or buoy, intending or knowing it to be
likely that such exhibition will mislead any navigator, shall be punished with imprisonment ofeither description for a term which may extend to seven years, and with fine which shall notbe less than ten thousand rupees.
282. Whoever knowingly or negligently conveys, or causes to be conveyed for hire,
any person by water in any vessel, when that vessel is in such a state or so loaded as toendanger the life of that person, shall be punished with imprisonment of either descriptionfor a term which may extend to six months, or with fine which may extend to five thousandrupees, or with both.
283. Whoever, by doing any act, or by omitting to take order with any property in his
possession or under his charge, causes danger, obstruction or injury to any person in anypublic way or public line of navigation, shall be punished, with fine which may extend to fivethousand rupees.
284. Whoever does, with any poisonous substance, any act in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or injury to any person orknowingly or negligently omits to take such order with any poisonous substance in hispossession as is sufficient to guard against any probable danger to human life from suchpoisonous substance, shall be punished with imprisonment of either description for a termwhich may extend to six months, or with fine which may extend to five thousand rupees, orwith both.
285. Whoever does, with fire or any combustible matter, any act so rashly or negligently
as to endanger human life, or to be likely to cause hurt or injury to any other person orknowingly or negligently omits to take such order with any fire or any combustible matter inhis possession as is sufficient to guard against any probable danger to human life from suchfire or combustible matter, shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which may extend to two thousand rupees,or with both.
286. Whoever does, with any explosive substance, any act so rashly or negligently as
to endanger human life, or to be likely to cause hurt or injury to any other person, orknowingly or negligently omits to take such order with any explosive substance in hispossession as is sufficient to guard against any probable danger to human life from thatsubstance, shall be punished with imprisonment of either description for a term which mayextend to six months, or with fine which may extend to five thousand rupees, or with both.
287. Whoever does, with any machinery, any act so rashly or negligently as to endanger
human life or to be likely to cause hurt or injury to any other personor knowingly or negligentlyomits to take such order with any machinery in his possession or under his care as issufficient to guard against any probable danger to human life from such machinery, shall bepunished with imprisonment of either description for a term which may extend to six months,or with fine which may extend to five thousand rupees, or with both.
288. Whoever, in pulling down, repairing or constructingany building, knowingly or
negligently omits to take such measures with that building as is sufficient to guard againstany probable danger to human life from the fall of that building, or of any part thereof, shallbe punished with imprisonment of either description for a term which may extend to sixmonths, or with fine which may extend to five thousand rupees, or with both.Rash naviga-
tion of vessel.
Exhibition of
false light,
mark or buoy.
Conveying
person bywater for hirein unsafe oroverloadedvessel.
Danger or
obstruction inpublic way orline ofnavigation.
Negligent
conduct withrespect topoisonoussubstance.
Negligent
conduct withrespect to fireor combustiblematter.
Negligent
conduct withrespect toexplosivesubstance.
Negligent
conduct withrespect tomachinery.
Negligent
conduct withrespect topulling down,repairing orconstructingbuildings etc.
289. Whoever knowingly or negligently omits to take such measures with any animal
in his possession as is sufficient to guard against any probable danger to human life, or anyprobable danger of grievous hurt from such animal, shall be punished with imprisonment ofeither description for a term which may extend to six months, or with fine which may extendto five thousand rupees, or with both.
290. Whoever commits a public nuisance in any case not otherwise punishable by this
Sanhita shall be punished with fine which may extend to one thousand rupees.
291. Whoever repeats or continues a public nuisance, having been enjoined by any
public servant who has lawful authority to issue such injunction not to repeat or continuesuch nuisance, shall be punished with simple imprisonment for a term which may extend tosix months, or with fine which may extend to five thousand rupees
, or with both.
292. (1) For the purposes of sub-section ( 2), a book, pamphlet, paper, writing, drawing,
painting, representation, figure or any other object, including display of any content inelectronic form shall be deemed to be obscene if it is lascivious or appeals to the prurientinterest or if its effect, or (where it comprises two or more distinct items) the effect of any oneof its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who arelikely, having regard to all relevant circumstances, to read, see or hear the matter contained orembodied in it.
(2) Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or circulation,makes, produces or has in his possession any obscene book, pamphlet, paper, drawing,painting, representation or figure or any other obscene object whatsoever in whatevermanner; or
(b) imports, exports or conveys any obscene object for any of the purposes
aforesaid, or knowing or having reason to believe that such object will be sold, let tohire, distributed or publicly exhibited or in any manner put into circulation; or
(c) takes part in or receives profits from any business in the course of which he
knows or has reason to believe that any such obscene objects are, for any of thepurposes aforesaid, made produced, purchased, kept, imported, exported, conveyed,publicly exhibited or in any manner put into circulation; or
(d) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage in any act which is an offence under this section, or thatany such obscene object can be procured from or through any person; or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished on first conviction with imprisonment of either description for a term
which may extend to two years, and with fine which may extend to five thousandrupees, and, in the event of a second or subsequent conviction, with imprisonment ofeither description for a term which may extend to five years, and also with fine whichmay extend to ten thousand rupees.
Exception. —This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or
figure—
(i) the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, writing, drawing, painting,representation or figure is in the interest of science, literature, art or learning orother objects of general concern; orNegligentconduct withrespect toanimal.
Punishment for
public nuisancein cases nototherwiseprovided for.
Continuance of
nuisance afterinjunction todiscontinue.
Sale, etc., of
obscene books,etc.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented
on or in—
(i) any ancient monument within the meaning of the Ancient Monuments
and Archaeological Sites and Remains Act, 1958; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or
used for any religious purpose.
293. Whoever sells, lets to hire, distributes, exhibits or circulates to any child below
the age of eighteen years such obscene object as is referred to in section 292, or offers orattempts so to do, shall be punished on first conviction with imprisonment of either descriptionfor a term which may extend to three years, and with fine which may extend to two thousandrupees, and, in the event of a second or subsequent conviction, with imprisonment of eitherdescription for a term which may extend to seven years, and also with fine which may extendto five thousand rupees.
294. Whoever, to the annoyance of others,—
(a) does any obscene act in any public place; or
(b) sings, recites or utters any obscene song, ballad or words, in or near any
public place,
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with both.
295. (1) Whoever keeps any office or place for the purpose of drawing any lottery not
being a State lottery or a lottery authorised by the State Government, shall be punished withimprisonment of either description for a term which may extend to six months, or with fine, orwith both.
(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to
do or forbear from doing anything for the benefit of any person, on any event or contingencyrelative or applicable to the drawing of any ticket, lot, number or figure in any such lottery,shall be punished with fine which may extend to five thousand rupees.
CHAPTER XVI
O
F OFFENCES RELATING TO RELIGION
296. Whoever destroys, damages or defiles any place of worship, or any object held
sacred by any class of persons with the intention of thereby insulting the religion of anyclass of persons or with the knowledge that any class of persons is likely to consider suchdestruction, damage or defilement as an insult to their religion, shall be punished withimprisonment of either description for a term which may extend to two years, or with fine, orwith both.
297. Whoever, with deliberate and malicious intention of outraging the religious feelings
of any class of citizens of India, by words, either spoken or written, or by signs or by visiblerepresentations or through electronic means or otherwise, insults or attempts to insult thereligion or the religious beliefs of that class, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or with fine, or with both.
298. Whoever voluntarily causes disturbance to any assembly lawfully engaged in
the performance of religious worship, or religious ceremonies, shall be punished withimprisonment of either description for a term which may extend to one year, or with fine, orwith both.Sale, etc., ofobsceneobjects tochild.
Obscene acts
and songs.
Keeping
lottery office.
Injuring or
defiling placeof worship,with intent toinsult thereligion of anyclass.
Deliberate and
malicious acts,intended tooutragereligiousfeelings of anyclass byinsulting itsreligion orreligiousbeliefs.
Disturbing
religiousassembly.24 of 1958.
299. Whoever, with the intention of wounding the feelings of any person, or of insulting
the religion of any person or with the knowledge that the feelings of any person are likely tobe wounded, or that the religion of any person is likely to be insulted thereby, commits anytrespass in any place of worship or on any place of sepulture, or any place set apart for theperformance of funeral rites or as a depository for the remains of the dead, or offers anyindignity to any human corpse, or causes disturbance to any persons assembled for theperformance of funeral ceremonies, shall be punished with imprisonment of either descriptionfor a term which may extend to one year, or with fine, or with both.
300. Whoever, with the deliberate intention of wounding the religious feelings of any
person, utters any word or makes any sound in the hearing of that person or makes anygesture in the sight of that persons or places any object in the sight of that person, shall bepunished with imprisonment of either description for a term which may extend to one year, orwith fine, or with both.
CHAPTER XVII
O
F OFFENCES AGAINST PROPERTY
301. (1) Whoever, intending to take dishonestly any movable property out of the
possession of any person without that person’s consent, moves that property in order tosuch taking, is said to commit theft.
Explanation 1.—A thing so long as it is attached to the earth, not being movable
property, is not the subject of theft; but it becomes capable of being the subject of theft assoon as it is severed from the earth.
Explanation 2.—A moving effected by the same act which effects the severance may
be a theft.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle
which prevented it from moving or by separating it from any other thing, as well as byactually moving it.
Explanation 4.—A person, who by any means causes an animal to move, is said to
move that animal, and to move everything which, in consequence of the motion so caused,is moved by that animal.
Explanation 5.—The consent mentioned in this sectionmay be express or implied, and
may be given either by the person in possession, or by any person having for that purposeauthority either express or implied.
Illustrations.
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree
out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in orderto such taking, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if
A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, Ahas committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain
direction, in order that he may dishonestly take the treasure. As soon as the bullock beginsto move, A has committed theft of the treasure.
(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs
away with the plate, without Z’s consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall
return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession.It could not therefore be taken out of Z’s possession, and A has not committed theft, thoughhe may have committed criminal breach of trust.Trespassing onburial places,etc.
Uttering words,
etc., withdeliberateintent towound religiousfeelings.
Theft.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring
is in Z’s possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A, by
taking it, commits no theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to
misappropriate the ring immediately for fear of search and detection, A hides the ring in aplace where it is highly improbable that it will ever be found by Z, with the intention of takingthe ring from the hiding place and selling it when the loss is forgotten. Here A, at the time offirst moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not
owing to the jeweler any debt for which the jeweler might lawfully detain the watch as asecurity, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away.
Here A, though he may have committed criminal trespass and assault, has not committed
theft, inasmuch as what he did was not done dishonestly.
(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as
a security for the debt, and A takes the watch out of Z’s possession, with the intention of
depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takesit dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without
Z’s consent, not having paid what he borrowed on the watch, he commits theft, though thewatch is his own property inasmuch as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with
the intention of keeping it until he obtains money from Z as a reward for its restoration. HereA takes dishonestly; A has therefor committed theft.
(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes
away a book without Z’s express consent for the purpose merely of reading it, and with theintention of returning it. Here, it is probable that A may have conceived that he had Z’simplied consent to use Z’s book. If this was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows
to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorisedto give away alms. If this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to
belong to her husband Z, and to be such property as she has no authority from Z to give. IfA takes the property dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A’s own property, takes
that property out of Z’s possession. Here, as A does not take dishonestly, he does notcommit theft.
(2) Whoever commits theft shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both and in case of secondor subsequent conviction of any person under this section, he shall be punished withrigorous imprisonment for a term which shall not be less than one year but which may extendto five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five
thousand rupees, and a person is convicted for the first time, shall upon return of the valueof property or restoration of the stolen property, shall be punished with community service.
302. (1) Theft is “snatching” if, in order to commit theft, the offender suddenly or
quickly or forcibly seizes or secures or grabs or takes away from any person or from hispossession any moveable property.
(2) Whoever commits snatching, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine.
303. Whoever commits theft—
(a) in any building, tent or vessel used as a human dwelling or used for the
custody of property; or
(b) of any means of transport used for the transport of goods or passengers; or
(c) of any article or goods from any means of transport used for the transport of
goods or passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority,
shall be punished with imprisonment of either description for a term which may extend to
seven years and shall also be liable to fine.
304. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or
servant, commits theft in respect of any property in the possession of his master or employer,shall be punished with imprisonment of either description for a term which may extend toseven years, and shall also be liable to fine.
305. Whoever commits theft, having made preparation for causing death, or hurt, or
restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committingof such theft, or in order to the effecting of his escape after the committing of such theft, orin order to the retaining of property taken by such theft, shall be punished with rigorousimprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A commits theft on property in Z’s possession; and while committing this theft, he
has a loaded pistol under his garment, having provided this pistol for the purpose of hurtingZ in case Z should resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that
they may restrain Z, if Z should perceive what is passing and should resist, or should attemptto apprehend A. A has committed the offence defined in this section.
Of Extortion
306. (1) Whoever intentionally puts any person in fear of any injury to that person, or
to any other, and thereby dishonestly induces the person so put in fear to deliver to anyperson any property, or valuable security or anything signed or sealed which may be convertedinto a valuable security, commits “extortion”.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money.
He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign
and deliver to A a promissory note binding Z to pay certain monies to A. Z sings and deliversthe note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver
to B a bond binding Z under a penalty to deliver certain produce to B, and thereby inducesZ to signs and deliver the bond. A has committed extortion.Snatching.
Theft in a
dwelling house,or means oftransportationor place ofworship, etc.
Theft by clerk
or servant ofproperty inpossession ofmaster.
Theft after
preparationmade forcausing death,hurt or re-straint in orderto the commit-ting of theft.
Extortion.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or
affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A.Here, as the paper so signed may be converted into a valuable security. A has committedextortion.
(e) A threatens Z by sending a message through an electronic device that “Your child
is in my possession, and will be put to death unless you send me one lakh rupees.” A thusinduces Z to give him money. A has committed “extortion”.
(2) Whoever commits extortion shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with both.
(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts
to put any person in fear, of any injury, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or with fine, or with both.
(4) Whoever, in order to the committing of extortion, puts or attempts to put any
person in fear of death or of grievous hurt to that person or to any other, shall be punishedwith imprisonment of either description for a term which may extend to seven years, and shallalso be liable to fine.
(5) Whoever commits extortion by putting any person in fear of death or of grievous
hurt to that person or to any other, shall be punished with imprisonment of either descriptionfor a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever, in order to the committing of extortion, puts or attempts to put any
person in fear of an accusation, against that person or any other, of having committed, orattempted to commit, an offence punishable with death or with imprisonment for life, or withimprisonment for a term which may extend to ten years, shall be punished with imprisonmentof either description for a term which may extend to ten years, and shall also be liable to fine.
(7) Whoever commits extortion by putting any person in fear of an accusation against
that person or any other, of having committed or attempted to commit any offence punishablewith death, or with imprisonment for life, or with imprisonment for a term which may extend toten years, or of having attempted to induce any other person to commit such offence, shallbe punished with imprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine.
Of Robbery and Dacoity
307. (1) In all robbery there is either theft or extortion.
(2) Theft is “robbery” if, in order to the committing of the theft, or in committing the
theft, or in carrying away or attempting to carry away property obtained by the theft, theoffender, for that end voluntarily causes or attempts to cause to any person death or hurt or
wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
(3) Extortion is “robbery” if the offender, at the time of committing the extortion, is in
the presence of the person put in fear, and commits the extortion by putting that person infear of instant death, of instant hurt, or of instant wrongful restraint to that person or to someother person, and, by so putting in fear, induces the person so put in fear then and there todeliver up the thing extorted.
Explanation . —The offender is said to be present if he is sufficiently near to put the
other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes,
without Z’s consent. Here A has committed theft, and, in order to the committing of that theft,has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.Robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in
consequence, surrenders his purse. Here A has extorted the purse from Z by putting him infear of instant hurt, and being at the time of committing the extortion in his presence. A hastherefore committed robbery.
(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it
down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here Ahas extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who isthere present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will
be put to death unless you send us ten thousand rupees”. This is extortion, and punishableas such: but it is not robbery, unless Z is put in fear of the instant death of his child.
(2) Whoever commits robbery shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine; and, if the robbery be committedon the highway between sunset and sunrise, the imprisonment may be extended to fourteenyears.
(3) Whoever attempts to commit robbery shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to fine.
(4) If any person, in committing or in attempting to commit robbery, voluntarily causes
hurt, such person, and any other person jointly concerned in committing or attempting tocommit such robbery, shall be punished with imprisonment for life, or with rigorousimprisonment for a term which may extend to ten years, and shall also be liable to fine.
308. (1) When five or more persons conjointly commit or attempt to commit a robbery,
or where the whole number of persons conjointly committing or attempting to commit arobbery, and persons present and aiding such commission or attempt, amount to five ormore, every person so committing, attempting or aiding, is said to commit “dacoity”.
(2) Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to ten years, and shall also be liable tofine.
(3) If any one of five or more persons, who are conjointly committing dacoity, commits
murder in so committing dacoity, every one of those persons shall be punished with death,or imprisonment for life, or rigorous imprisonment for a term which shall not be less than tenyears, and shall also be liable to fine.
(4) Whoever makes any preparation for committing dacoity, shall be punished with
rigorous imprisonment for a term which may extend to ten years, and shall also be liable tofine.
(5) Whoever is one of five or more persons assembled for the purpose of committing
dacoity, shall be punished with rigorous imprisonment for a term which may extend to sevenyears, and shall also be liable to fine.
(6) Whoever belongs to a gang of persons associated for the purpose of habitually
committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonmentfor a term which may extend to ten years, and shall also be liable to fine.
309. If, at the time of committing robbery or dacoity, the offender uses any deadly
weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurtto any person, the imprisonment with which such offender shall be punished shall not beless than seven years.
310. If, at the time of attempting to commit robbery or dacoity, the offender is armed
with any deadly weapon, the imprisonment with which such offender shall be punished shallnot be less than seven years.Dacoity.
Robbery, or
dacoity, withattempt tocause death orgrievous hurt.
Attempt to
commitrobbery ordacoity whenarmed withdeadly weapon.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89
311. Whoever belongs to any gang of persons associated in habitually committing
theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonmentfor a term which may extend to seven years, and shall also be liable to fine.
Of Criminal misappropriation of property.
312. Whoever dishonestly misappropriates or converts to his own use any movable
property, shall be punished with imprisonment of either description for a term which shall notbe less than six months but which may extend to two years and with fine.
Illustrations.
(a) A takes property belonging to Z out of Z’s possession, in good faith believing at
the time when he takes it, that the property belongs to himself. A is not guilty of theft; but ifA, after discovering his mistake, dishonestly appropriates the property to his own use, he isguilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes
away a book without Z’s express consent. Here, if A was under the impression that he had Z’simplied consent to take the book for the purpose of reading it, A has not committed theft. But,if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession,
intending to use it. Here, as A has a right to use the horse, he does not dishonestlymisappropriate it. But, if A sells the horse and appropriates the whole proceeds to his ownuse, he is guilty of an offence under this section.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation
within the meaning of this section.
Illustration.
A finds a Government promissory note belonging to Z, bearing a blank endorsement.
A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan,intending at a future time to restore it to Z. A has committed an offence under this section.
Explanation 2.—A person who finds property not in the possession of any other
person, and takes such property for the purpose of protecting it for, or of restoring it to, theowner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but heis guilty of the offence above defined, if he appropriates it to his own use, when he knows orhas the means of discovering the owner, or before he has used reasonable means to discoverand give notice to the owner and has kept the property a reasonable time to enable the ownerto claim it.
What are reasonable means or what is a reasonable time in such a case, is a question
of fact.
It is not necessary that the finder should know who is the owner of the property, or that
any particular person is the owner of it; it is sufficient if, at the time of appropriating it, hedoes not believe it to be his own property, or in good faith believe that the real owner cannotbe found.
Illustrations.
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks
up the rupee. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents
of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of anoffence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who
has lost the cheque. But the name of the person, who has drawn the cheque, appears. APunishmentfor belongingto gang ofrobbers,dacoits, etc.
Dishonest
misappropria-tion ofproperty.
knows that this person can direct him to the person in whose favour the cheque was drawn.
A appropriates the cheque without attempting to discover the owner. He is guilty of anoffence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of
restoring it to Z, but afterwards appropriates it to his own use. A has committed an offenceunder this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers
that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under thissection.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately
without attempting to discover the owner. A is guilty of an offence under this section.
313. Whoever dishonestly misappropriates or converts to his own use any property,
knowing that such property was in the possession of a deceased person at the time of thatperson’s decease, and has not since been in the possession of any person legally entitled tosuch possession, shall be punished with imprisonment of either description for a term whichmay extend to three years, and shall also be liable to fine, and if the offender at the time ofsuch person’s decease was employed by him as a clerk or servant, the imprisonment mayextend to seven years.
Illustration.
Z dies in possession of furniture and money. His servant A, before the money comes
into the possession of any person entitled to such possession, dishonestly misappropriatesit. A has committed the offence defined in this section.
Of Criminal breach of trust
314. (1) Whoever, being in any manner entrusted with property, or with any dominion
over property, dishonestly misappropriates or converts to his own use that property, ordishonestly uses or disposes of that property in violation of any direction of law prescribingthe mode in which such trust is to be discharged, or of any legal contract, express or implied,which he has made touching the discharge of such trust, or wilfully suffers any other personso to do, commits “criminal breach of trust”.
Explanation 1.—A person, being an employer of an establishment whether exempted
under section 17 of the Employees’ Provident Funds and Miscellaneous ProvisionsAct, 1952 or not who deducts the employee’s contribution from the wages payable to theemployee for credit to a Provident Fund or Family Pension Fund established by any law forthe time being in force, shall be deemed to have been entrusted with the amount of thecontribution so deducted by him and if he makes default in the payment of such contributionto the said Fund in violation of the said law, shall be deemed to have dishonestly used theamount of the said contribution in violation of a direction of law as aforesaid.
Explanation 2.—A person, being an employer, who deducts the employees’
contribution from the wages payable to the employee for credit to the Employees’ StateInsurance Fund held and administered by the Employees’ State Insurance Corporationestablished under the Employees’ State Insurance Act, 1948 shall be deemed to have beenentrusted with the amount of the contribution so deducted by him and if he makes default inthe payment of such contribution to the said Fund in violation of the said Act, shall bedeemed to have dishonestly used the amount of the said contribution in violation of adirection of law as aforesaid.
Illustrations.
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law
which directs him to divide the effects according to the will, and appropriates them to hisown use. A has committed criminal breach of trust.Dishonestmisappropria-tion ofpropertypossessed bydeceasedperson at thetime of hisdeath.
Criminal
breach oftrust.
19 of 1952.
34 of 1948.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91
(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a
contract that it shall be returned on payment of a stipulated sum for warehouse room. Adishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied
contract between A and Z, that all sums remitted by Z to A shall be invested by A, accordingto Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same inCompany’s paper. A dishonestly disobeys the directions and employs the money in his ownbusiness. A has committed criminal breach of trust.
(d) But if A, in illustration ( c), not dishonestly but in good faith, believing that it will be
more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, andbuys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, thoughZ should suffer loss, and should be entitled to bring a civil action against A, on accountof that loss, yet A, not having acted dishonestly, has not committed criminal breach oftrust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or
bound by a contract, express or implied, with the Government, to pay into a certain treasuryall the public money which he holds. A dishonestly appropriates the money. A has committedcriminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A
dishonestly misappropriates the property. A has committed criminal breach of trust.
(2) Whoever commits criminal breach of trust shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both.
(3) Whoever, being entrusted with property as a carrier, wharfinger or warehouse-
keeper, commits criminal breach of trust in respect of such property, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in
any manner entrusted in such capacity with property, or with any dominion over property,commits criminal breach of trust in respect of that property, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
(5) Whoever, being in any manner entrusted with property, or with any dominion over
property in his capacity of a public servant or in the way of his business as a banker,merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of thatproperty, shall be punished with imprisonment for life, or with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
Of the Receiving of stolen property
315. (1) Property, the possession whereof has been transferred by theft or extortion or
robbery or cheating, and property which has been criminally misappropriated or in respect ofwhich criminal breach of trust has been committed, is designated as “stolen property”,whether the transfer has been made, or the misappropriation or breach of trust has beencommitted, within or without India, but, if such property subsequently comes into thepossession of a person legally entitled to the possession thereof, it then ceases to be stolenproperty.
(2) Whoever dishonestly receives or retains any stolen property, knowing or having
reason to believe the same to be stolen property, shall be punished with imprisonment ofeither description for a term which may extend to three years, or with fine, or with both.
(3) Whoever dishonestly receives or retains any stolen property, the possession
whereof he knows or has reason to believe to have been transferred by the commission of
Stolenproperty.
dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to
belong or to have belonged to a gang of dacoits, property which he knows or has reason to
believe to have been stolen, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(4) Whoever habitually receives or deals in property which he knows or has reason to
believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever voluntarily assists in concealing or disposing of or making away with
property which he knows or has reason to believe to be stolen property, shall be punishedwith imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
Of Cheating
316. (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any person, or to consent that any person
shall retain any property, or intentionally induces the person so deceived to do or omit to do
anything which he would not do or omit if he were not so deceived, and which act oromission causes or is likely to cause damage or harm to that person in body, mind, reputationor property, is said to “cheat”.
Explanation. —A dishonest concealment of facts is a deception within the meaning of
this section.
Illustrations.
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and
thus dishonestly induces Z to let him have on credit goods for which he does not mean to
pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a
belief that this article was made by a certain celebrated manufacturer, and thus dishonestly
induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into
believing that the article corresponds with the sample, and thereby dishonestly induces Z tobuy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no
money, and by which A expects that the bill will be dishonoured, intentionally deceives Z,and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamond articles which he knows are not diamonds, intentionally
deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z
may lend to him and thereby dishonestly induces Z to lend him money, A not intending torepay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain
quantity of indigo plant which he does not intend to deliver, and thereby dishonestly inducesZ to advance money upon the faith of such delivery. A cheats; but if A, at the time ofobtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract
and does not deliver it, he does not cheat, but is liable only to a civil action for breach of
contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract
made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.
A cheats.Cheating.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale
he has no right to the property, sells or mortgages the same to Z, without disclosing the factof the previous sale and conveyance to B, and receives the purchase or mortgage moneyfrom Z. A cheats.
(2) Whoever cheats shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful
loss to a person whose interest in the transaction to which the cheating relates, he wasbound, either by law, or by a legal contract, to protect, shall be punished with imprisonmentof either description for a term which may extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or any part of a valuablesecurity, or anything which is signed or sealed, and which is capable of being converted intoa valuable security, shall be punished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.
317. (1) A person is said to “cheat by personation” if he cheats by pretending to be
some other person, or by knowingly substituting one person for or another, or representingthat he or any other person is a person other than he or such other person really is.
Explanation. —The offence is committed whether the individual personated is a real
or imaginary person.
Illustrations.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by
personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description
for a term which may extend to five years, or with fine, or with both.
Of fraudulent deeds and dispositions of property
318. Whoever dishonestly or fraudulently removes, conceals or delivers to any person,
or transfers or causes to be transferred to any person, without adequate consideration, anyproperty, intending thereby to prevent, or knowing it to be likely that he will thereby prevent,the distribution of that property according to law among his creditors or the creditors of anyother person, shall be punished with imprisonment of either description for a term whichshall not be less than six months but which may extend to two years, or with fine, or withboth.
319. Whoever dishonestly or fraudulently prevents any debt or demand due to himself
or to any other person from being made available according to law for payment of his debt orthe debts of such other person, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
320. Whoever dishonestly or fraudulently signs, executes or becomes a party to any
deed or instrument which purports to transfer or subject to any charge, any property, or any
interest therein, and which contains any false statement relating to the consideration for
such transfer or charge, or relating to the person or persons for whose use or benefit it isreally intended to operate, shall be punished with imprisonment of either description for aterm which may extend to three years, or with fine, or with both.Cheating by
personation.
Dishonest or
fraudulentremoval orconcealmentof property topreventdistributionamongcreditors.
Dishonestly or
fraudulentlypreventingdebt beingavailable forcreditors.
Dishonest or
fraudulentexecution ofdeed of transfercontainingfalse statementofconsideration.
321. Whoever dishonestly or fraudulently conceals or removes any property of himself
or any other person, or dishonestly or fraudulently assists in the concealment or removalthereof, or dishonestly releases any demand or claim to which he is entitled, shall be punishedwith imprisonment of either description for a term which may extend to three years, or withfine, or with both.
Of Mischief
322. (1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful
loss or damage to the public or to any person, causes the destruction of any property, or anysuch change in any property or in the situation thereof as destroys or diminishes its value orutility, or affects it injuriously, commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender should
intend to cause loss or damage to the owner of the property injured or destroyed. It issufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damageto any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging
to the person who commits the act, or to that person and others jointly.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful
loss to Z. A has committed mischief.
(b) A introduces water in to an ice-house belonging to Z and thus causes the ice to
melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby
causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a
debt due from him to Z, destroys those effects, with the intention of thereby preventing Zfrom obtaining satisfaction of the debt, and of thus causing damage to Z. A has committedmischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the
intention of causing damage to the underwriters. A has committed mischief.
(f) A cause a ship to be cast away, intending thereby to cause damage to Z who has lent
money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to
cause wrongful loss to Z. A has committed mischief.
(h) Acausescattle to enter upon a field belonging to Z, intending to cause and knowing
that he is likely to cause damage to Z’s crop. A has committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property
including the property of Government or Local Authority shall be punished with imprisonmentof either description for a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of
twenty thousand rupees and more but less than one lakh rupees shall be punished withimprisonment of either description for a term which may extend to two years, or with fine, orwith both.
(5) Whoever commits mischief and thereby causes loss or damage to the amount of
one lakh rupees or upwards, shall be punished with imprisonment of either description for aterm which may extend to five years, or with fine, or with both.Dishonest orfraudulentremoval orconcealmentof property.
Mischief.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95
(6) Whoever commits mischief, having made preparation for causing to any person
death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall
be punished with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.
323. Whoever commits mischief by killing, poisoning, maiming or rendering useless
any animal shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
324. Whoever commits mischief by,––––
(a) doing any act which causes, or which he knows to be likely to cause, a
diminution of the supply of water for agricultural purposes, or for food or drink for
human beings or for animals which are property, or for cleanliness or for carrying onany manufacture, shall be punished with imprisonment of either description for a termwhich may extend to five years, or with fine, or with both;
(b) doing any act which renders or which he knows to be likely to render any
public road, bridge, navigable river or navigable channel, natural or artificial, impassable
or less safe for travelling or conveying property, shall be punished with imprisonmentof either description for a term which may extend to five years, or with fine, or withboth;
(c) doing any act which causes or which he knows to be likely to cause an
inundation or an obstruction to any public drainage attended with injury or damage,shall be punished with imprisonment of either description for a term which may extendto five years, or with fine, or with both;
(d) destroying or moving any sign or signal used for navigation of rail, aircraft
or ship or other thing placed as a guide for navigators, or by any act which renders any
such sign or signal less useful as a guide for navigators, shall be punished withimprisonment of either description for a term which may extend to seven years, or withfine, or with both;
(e) destroying or moving any land-mark fixed by the authority of a public servant,
or by any act which renders such land-mark less useful as such, shall be punished with
imprisonment of either description for a term which may extend to one year, or withfine, or with both;
(f) fire or any explosive substance intending to cause, or knowing it to be likely
that he will thereby cause, damage to any property including agricultural produce,
shall be punished with imprisonment of either description for a term which may extend
to seven years and shall also be liable to fine;
(g) fire or any explosive substance, intending to cause, or knowing it to be likely
that he will thereby cause, the destruction of any building which is ordinarily used as
a place of worship or as a human dwelling or as a place for the custody of property,
shall be punished with imprisonment for life, or with imprisonment of either descriptionfor a term which may extend to ten years, and shall also be liable to fine.
325. (1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any
vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or
knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or
vessel, shall be punished with imprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such
mischief as is described in sub-section ( 1), shall be punished with imprisonment for life or
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.Mischief by
killing ormaiminganimal.
Mischief by
injury,inundation, fireor explosivesubstance, etc.
Mischief with
intent todestroy ormake unsafe arail, aircraft,decked vesselor one oftwenty tonsburden.
326. Whoever intentionally runs any vessel aground or ashore, intending to commit
theft of any property contained therein or to dishonestly misappropriate any such property,or with intent that such theft or misappropriation of property may be committed, shall bepunished with imprisonment of either description for a term which may extend to ten years,and shall also be liable to fine.
Of criminal trespass
327. (1) Whoever enters into or upon property in the possession of another with
intent to commit an offence or to intimidate, insult or annoy any person in possession ofsuch property or having lawfully entered into or upon such property, unlawfully remainsthere with intent thereby to intimidate, insult or annoy any such person or with intent tocommit an offenceis said to commit “criminal trespass”.
(2) Whoever commits criminal trespass by entering into or remaining in any building,
tent or vessel used as a human dwelling or any building used as a place for worship, or as aplace for the custody of property, is said to commit “house-trespass”.
Explanation. —The introduction of any part of the criminal trespasser’s body is entering
sufficient to constitute house-trespass.
(3) Whoever commits criminal trespass shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend tofive thousand rupees, or with both.
(4) Whoever commits house-trespass shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to fivethousand rupees, or with both.
328. (1) Whoever commits house-trespass having taken precautions to conceal such
house-trespass from some person who has a right to exclude or eject the trespasser from thebuilding, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.
(2) A person is said to commit “house-breaking” who commits house-trespass if he
effects his entrance into the house or any part of it in any of the six ways hereinafterdescribed; or if, being in the house or any part of it for the purpose of committing an offence,or having committed an offence therein, he quits the house or any part of it in any offollowing ways, namely:––
(a) if he enters or quits through a passage made by himself, or by any abettor of
the house-trespass, in order to the committing of the house-trespass;
(b) if he enters or quits through any passage not intended by any person, other
than himself or an abettor of the offence, for human entrance; or through any passageto which he has obtained access by scaling or climbing over any wall or building;
(c) if he enters or quits through any passage which he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by anymeans by which that passage was not intended by the occupier of the house to beopened;
(d) if he enters or quits by opening any lock in order to the committing of the
house-trespass, or in order to the quitting of the house after a house-trespass;
(e) if he effects his entrance or departure by using criminal force or committing
an assault, or by threatening any person with assault;
(f) if he enters or quits by any passage which he knows to have been fastened
against such entrance or departure, and to have been unfastened by himself or by anabettor of the house-trespass.Punishment forintentionallyrunning vesselaground orashore withintent tocommit theft,etc.
Criminal
trespass andhouse-trespass.
House-trespass
and house-breaking.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97
Explanation. —Any out-house or building occupied with a house, and between which
and such house there is an immediate internal communication, is part of the house within themeaning of this section.
Illustrations.
(a) A commits house-trespass by making a hole through the wall of Z’s house, and
putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks.
This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-
breaking.
(d) A commits house-trespass by entering Z’s house through the door, having opened
a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a
latch by putting a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass
by entering Z’s house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and
commits house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by
entering the house, having deterred Z from opposing him by threatening to beat him. This ishouse-breaking.
329. (1) Whoever commits lurking house-trespass or house-breaking, shall be punished
with imprisonment of either description for a term which may extend to two years, and shallalso be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before
sunrise, shall be punished with imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in order to the
committing of any offence punishable with imprisonment, shall be punished with imprisonmentof either description for a term which may extend to three years, and shall also be liable tofine; and if the offence intended to be committed is theft, the term of the imprisonment maybe extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before
sunrise, in order to the committing of any offence punishable with imprisonment, shall bepunished with imprisonment of either description for a term which may extend to five years,and shall also be liable to fine; and, if the offence intended to be committed is theft, the termof the imprisonment may be extended to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking, having made
preparation for causing hurt to any person, or for assaulting any person, or for wrongfullyrestraining any person, or for putting any person in fear of hurt or of assault or of wrongfulrestraint, shall be punished with imprisonment of either description or a term which mayextend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before
sunrise, having made preparation for causing hurt to any person or for assaulting anyperson, or for wrongfully restraining any person, or for putting any person in fear of hurt, orof assault, or of wrongful restraint, shall be punished with imprisonment of either descriptionfor a term which may extend to fourteen years, and shall also be liable to fine.Punishment forhouse-trespassor house-breaking.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes
grievous hurt to any person or attempts to cause death or grievous hurt to any person, shallbe punished with imprisonment for life, or imprisonment of either description for a term whichmay extend to ten years, and shall also be liable to fine.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after
sunset and before sunrise, any person guilty of such offence shall voluntarily cause orattempt to cause death or grievous hurt to any person, every person jointly concerned incommitting such lurking house-trespass or house-breaking after sunset and before sunrise,shall be punished with imprisonment for life, or with imprisonment of either description for aterm which may extend to ten years, and shall also be liable to fine.
330. Whoever commits house-trespass in order to the committing of any offence––
(a) punishable with death, shall be punished with imprisonment for life, or with
rigorous imprisonment for a term not exceeding ten years, and shall also be liable tofine;
(b) punishable with imprisonment for life, shall be punished with imprisonment
of either description for a term not exceeding ten years, and shall also be liable to fine;
(c) punishable with imprisonment, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable to fine:
Provided that if the offence intended to be committed is theft, the term of the
imprisonment may be extended to seven years.
331. Whoever commits house-trespass, having made preparation for causing hurt to
any person or for assaulting any person, or for wrongfully restraining any person, or forputting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punishedwith imprisonment of either description for a term which may extend to seven years, and shallalso be liable to fine.
332. (1) Whoever dishonestly or with intent to commit mischief, breaks open or
unfastens any closed receptacle which contains or which he believes to contain property,shall be punished with imprisonment of either description for a term which may extend to twoyears, or with fine, or with both.
(2) Whoever, being entrusted with any closed receptacle which contains or which he
believes to contain property, without having authority to open the same, dishonestly, or withintent to commit mischief, breaks open or unfastens that receptacle, shall be punished withimprisonment of either description for a term which may extend to three years, or with fine, orwith both.
CHAPTER XVIII
O
F OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
333. A person is said to make a false document or false electronic record—
(A) Who dishonestly or fraudulently—
(i) makes, signs, seals or executes a document or part of a document;
(ii) makes or transmits any electronic record or part of any electronic
record;
(iii) affixes any electronic signature on any electronic record;
(iv)makes any mark denoting the execution of a document or the
authenticity of the electronic signature,
with the intention of causing it to be believed that such document or part of document,
electronic record or electronic signature was made, signed, sealed, executed, transmitted orHouse-trespassin order tocommitoffence.
House-trespass
afterpreparation forhurt, assault orwrongfulrestraint.
Dishonestly
breaking openreceptaclecontainingproperty.
Making a false
document.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99
affixed by or by the authority of a person by whom or by whose authority he knows that it
was not made, signed, sealed, executed or affixed; or
(B) Who without lawful authority, dishonestly or fraudulently, by cancellation
or otherwise, alters a document or an electronic record in any material part thereof,after it has been made, executed or affixed with electronic signature either by himself orby any other person, whether such person be living or dead at the time of suchalteration; or
(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or
alter a document or an electronic record or to affix his electronic signature on anyelectronic record knowing that such person by reason of mental illness or intoxicationcannot, or that by reason of deception practised upon him, he does not know thecontents of the document or electronic record or the nature of the alteration.
Illustrations.
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud
B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed byB that Z so wrote the letter. A has committed forgery.
(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance
of an estate from Z to A, with the intention of selling the estate to B and thereby of obtainingfrom B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any
sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting thesum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the
sum payable and authorises B to fill up the cheque by inserting a sum not exceeding tenthousand rupees for the purpose of making certain payments. B fraudulently fills up thecheque by inserting the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority,
intending to discount it as a genuine bill with a banker and intending to take up the bill on itsmaturity. Here, as A draws the bill with intent to deceive the banker by leading him tosuppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z’s will contains these words—“I direct that all my remaining property be equally
divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may bebelieved that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order
by writing on the bill the words “Pay to Z or his order” and signing the endorsement. Bdishonestly erases the words “Pay to Z or his order”, and thereby converts the specialendorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate,
executes a conveyance of the same estate to B, dated six months earlier than the date of theconveyance to Z, intending it to be believed that he had conveyed the estate to B before heconveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z,
and by representing to Z that he has prepared the will according to his instructions, inducesZ to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is
a man of good character and in distressed circumstances from unforeseen misfortune,intending by means of such letter to obtain alms from Z and other persons. Here, as A madea false document in order to induce Z to part with property, A has committed forgery.
(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s
character, intending thereby to obtain employment under Z. A has committed forgery in asmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enterinto an express or implied contract for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations.
(a) A signs his own name to a bill of exchange, intending that it may be believed that
the bill was drawn by another person of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in
order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty offorgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same
name. A endorses the bill in his own name, intending to cause it to be believed that it wasendorsed by the person to whose order it was payable; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the
seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rentand for a long period and dates the lease six months prior to the seizure, with intent todefraud A, and to cause it to be believed that the lease was granted before the seizure. B,though he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and
with intent to defraud his creditors; and in order to give a colour to the transaction, writes apromissory note binding himself to pay to B a sum for value received, and antedates thenote, intending that it may be believed to have been made before A was on the point ofinsolvency. A has committed forgery under the first head of the definition.
Explanation 2.—The making of a false document in the name of a fictious person,
intending it to be believed that the document was made by a real person, or in the name of adeceased person, intending it to be believed that the document was made by the person inhis lifetime, may amount to forgery.
Illustration.
A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in
the name of such fictitious person with intent to negotiate it. A commits forgery.
Explanation 3.—For the purposes of this section, the expression “affixing electronic
signature” shall have the meaning assigned to it in clause ( d) of sub-section ( 1) of section 2
of the Information Technology Act, 2000.
334. (1) Whoever makes any false document or false electronic record or part of a
document or electronic record, with intent to cause damage or injury, to the public or to anyperson, or to support any claim or title, or to cause any person to part with property, or toenter into any express or implied contract, or with intent to commit fraud or that fraud may becommitted, commits forgery.
(2) Whoever commits forgery shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits forgery, intending that the document or electronic record forged
shall be used for the purpose of cheating, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Forgery.21 of 2000.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101
(4) Whoever commits forgery, intending that the document or electronic record forged
shall harm the reputation of any party, or knowing that it is likely to be used for that purpose,shall be punished with imprisonment of either description for a term which may extend tothree years, and shall also be liable to fine.
335. Whoever forges a document or an electronic record, purporting to be a record or
proceeding of or in a Court or an identity document issued by Government including voteridentity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept bya public servant as such, or a certificate or document purporting to be made by a publicservant in his official capacity, or an authority to institute or defend a suit, or to take anyproceedings therein, or to confess judgment, or a power of attorney, shall be punished withimprisonment of either description for a term which may extend to seven years, and shall alsobe liable to fine.
Explanation. —For the purposes of this section, “register” includes any list, data or
record of any entries maintained in the electronic form as defined in clause ( r) of sub-section ( 1)
of section 2 of the Information Technology Act, 2000.
336. Whoever forges a document which purports to be a valuable security or a will, or
an authority to adopt a son, or which purports to give authority to any person to make ortransfer any valuable security, or to receive the principal, interest or dividends thereon, or toreceive or deliver any money, movable property, or valuable security, or any documentpurporting to be an acquaintance or receipt acknowledging the payment of money, or anacquaintance or receipt for the delivery of any movable property or valuable security, shallbe punished with imprisonment for life, or with imprisonment of either description for a termwhich may extend to ten years, and shall also be liable to fine.
337. Whoever has in his possession any document or electronic record, knowing the
same to be forged and intending that the same shall fraudulently or dishonestly be used asgenuine, shall, if the document or electronic record is one of the description mentioned insection 335 of this Sanhita, be punished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine; and if the document is oneof the description mentioned in section 336, shall be punished with imprisonment for life, orwith imprisonment of either description, for a term which may extend to seven years, andshall also be liable to fine.
338. (1) A false document or electronic record made wholly or in part by forgery is
designated “a forged document or electronic record”.
(2)Whoever fraudulently or dishonestly uses as genuine any document or electronic
record which he knows or has reason to believe to be a forged document or electronic record,shall be punished in the same manner as if he had forged such document or electronic record.
339. (1) Whoever makes or counterfeits any seal, plate or other instrument for making
an impression, intending that the same shall be used for the purpose of committing anyforgery which would be punishable under section 336 of this Sanhita, or, with such intent,has in his possession any such seal, plate or other instrument, knowing the same to becounterfeit, shall be punished with imprisonment for life, or with imprisonment of eitherdescription for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing any forgerywhich would be punishable under any section of this Chapter other than section 336, or, withsuch intent, has in his possession any such seal, plate or other instrument, knowing thesame to be counterfeit, shall be punished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.
(3) Whoever possesses any seal, plate or other instrument knowing the same to be
counterfeit, shall be punished with imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.Forgery ofrecord ofCourt or ofpublic register,etc.
Forgery of
valuablesecurity, will,etc.
Having
possession ofdocumentdescribed insection 335 or336, knowing itto be forgedand intendingto use it asgenuine.21 of 2000.
Forged
document orelectronicrecord andusing it asgenuine.
Making or
possessingcounterfeitseal, etc., withintent tocommitforgerypunishableunder section336.
(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other
instrument knowing or having reason to believe the same to be counterfeit, shall be punishedin the same manner as if he had made or counterfeited such seal, plate or other instrument.
340. (1) Whoever counterfeits upon, or in the substance of, any material, any device
or mark used for the purpose of authenticating any document described in section 336 of thisSanhita, intending that such device or mark shall be used for the purpose of giving theappearance of authenticity to any document then forged or thereafter to be forged on suchmaterial, or who, with such intent, has in his possession any material upon or in the substanceof which any such device or mark has been counterfeited, shall be punished with imprisonmentfor life, or with imprisonment of either description for a term which may extend to sevenyears, and shall also be liable to fine.
(2) Whoever counterfeits upon, or in the substance of, any material, any device or
mark used for the purpose of authenticating any document or electronic record other thanthe documents described in section 336 of this Sanhita, intending that such device or markshall be used for the purpose of giving the appearance of authenticity to any document thenforged or thereafter to be forged on such material, or who with such intent, has in hispossession any material upon or in the substance of which any such device or mark has beencounterfeited, shall be punished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine.
341. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to
the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy ordeface, or secretes or attempts to secrete any document which is or purports to be a will, oran authority to adopt a son, or any valuable security, or commits mischief in respect of suchdocument, shall be punished with imprisonment for life, or with imprisonment of eitherdescription for a term which may extend to seven years, and shall also be liable to fine.
342. Whoever, being a clerk, officer or servant, or employed or acting in the capacity
of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates orfalsifies any book, electronic record, paper, writing, valuable security or account whichbelongs to or is in the possession of his employer, or has been received by him for or onbehalf of his employer, or wilfully, and with intent to defraud, makes or abets the making ofany false entry in, or omits or alters or abets the omission or alteration of any materialparticular from or in, any such book, electronic record, paper, writing, valuable security oraccount, shall be punished with imprisonment of either description for a term which mayextend to seven years, or with fine, or with both.
Explanation.– It shall be sufficient in any charge under this section to allege a general
intent to defraud without naming any particular person intended to be defrauded or specifyingany particular sum of money intended to be the subject of the fraud, or any particular day onwhich the offence was committed.
Of Property marks
343. (1) A mark used for denoting that movable property belongs to a particular person
is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other
receptacle containing movable property or goods, or uses any case, package or otherreceptacle having any mark thereon, in a manner reasonably calculated to cause it to bebelieved that the property or goods so marked, or any property or goods contained in anysuch receptacle so marked, belong to a person to whom they do not belong, is said to use afalse property mark.
(3)Whoever uses any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment of either description for a term which mayextend to one year, or with fine, or with both.Counterfeitingdevice ormark used forauthenticatingdocumentsdescribed insection 336,or possessingcounterfeitmarkedmaterial.
Fraudulent
cancellation,destruction,etc., of will,authority toadopt, orvaluablesecurity.
Falsification
of accounts.
Property
mark.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103
344. Whoever removes, destroys, defaces or adds to any property mark, intending or
knowing it to be likely that he may thereby cause injury to any person, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or
with both.
345. (1) Whoever counterfeits any property mark used by any other person shall be
punished with imprisonment of either description for a term which may extend to two years,or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark
used by a public servant to denote that any property has been manufactured by a particular
person or at a particular time or place, or that the property is of a particular quality or haspassed through a particular office, or that it is entitled to any exemption, or uses as genuineany such mark knowing the same to be counterfeit, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
346. Whoever makes or has in his possession any die, plate or other instrument for the
purpose of counterfeiting a property mark, or has in his possession a property mark for thepurpose of denoting that any goods belong to a person to whom they do not belong, shallbe punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
347. Whoever sells, or exposes, or has in possession for sale, any goods or things
with a counterfeit property mark affixed to or impressed upon the same or to or upon anycase, package or other receptacle in which such goods are contained, shall, unless he proves—
(a) that, having taken all reasonable precautions against committing an offence
against this section, he had at the time of the commission of the alleged offence no
reason to suspect the genuineness of the mark; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the
information in his power with respect to the persons from whom he obtained suchgoods or things; or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one year,
or with fine, or with both.
348. (1) Whoever makes any false mark upon any case, package or other receptacle
containing goods, in a manner reasonably calculated to cause any public servant or anyother person to believe that such receptacle contains goods which it does not contain or that
it does not contain goods which it does contain, or that the goods contained in such
receptacle are of a nature or quality different from the real nature or quality thereof, shall,unless he proves that he acted without intent to defraud, be punished with imprisonment ofeither description for a term which may extend to three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section ( 1)
shall, unless he proves that he acted without intent to defraud, be punished as if he hadcommitted the offence under sub-section ( 1).
CHAPTER XIX
O
F CRIMINAL INTIMIDATION , INSULT , ANNOYANCE , DEFAMATION , ETC.
349. (1) Whoever threatens by any means, another with any injury to his person,
reputation or property, or to the person or reputation of any one in whom that person is
interested, with intent to cause alarm to that person, or to cause that person to do any actwhich he is not legally bound to do, or to omit to do any act which that person is legallyentitled to do, as the means of avoiding the execution of such threat, commits criminal
intimidation.Tampering
with propertymark withintent to causeinjury.
Counterfeiting
a propertymark.
Making or
possession ofany instru-ment forcounterfeitinga propertymark.
Selling goods
marked with acounterfeitpropertymark.
Making a false
mark uponany receptaclecontaininggoods.
Criminal
intimidation.
Explanation. —A threat to injure the reputation of any deceased person in whom the
person threatened is interested, is within this section.
Illustration.
A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to
burn B’s house. A is guilty of criminal intimidation.
(2) Whoever commits the offence of criminal intimidation shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
(3) Whoever commits the offence of criminal intimidation by treating to cause death
or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence
punishable with death or imprisonment for life, or with imprisonment for a term which mayextend to seven years, or to impute unchastity to a woman, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with fine,
or with both.
(4) Whoever commits the offence of criminal intimidation by an anonymous
communication, or having taken precaution to conceal the name or abode of the person from
whom the threat comes, shall be punished with imprisonment of either description for a termwhich may extend to two years, in addition to the punishment provided for the offence under
sub-section ( 1).
350. Whoever intentionally insults in any manner, and thereby gives provocation to
any person, intending or knowing it to be likely that such provocation will cause him to break
the public peace, or to commit any other offence, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
351. (1) Whoever makes, publishes or circulates any statement, false information,
rumour, or report, including through electronic means—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or
airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail
in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or
to any section of the public whereby any person may be induced to commit an offence
against the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of
persons to commit any offence against any other class or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with
both.
(2) Whoever makes, publishes or circulates any statement or report containing false
information, rumour or alarming news, including through electronic means, with intent to
create or promote, or which is likely to create or promote, on grounds of religion, race, placeof birth, residence, language, caste or community or any other ground whatsoever, feelings
of enmity, hatred or ill will between different religious, racial, language or regional groups or
castes or communities shall be punished with imprisonment which may extend to three years,or with fine, or with both.
(3) Whoever commits an offence specified in sub-section ( 2) in any place of worship
or in any assembly engaged in the performance of religious worship or religious ceremonies,shall be punished with imprisonment which may extend to five years and shall also be liable
to fine.Intentional
insult withintent toprovokebreach ofpeace.
Statements
conducing topublicmischief.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105
Exception . —It does not amount to an offence, within the meaning of this section,
when the person making, publishing or circulating any such statement, false information ,
rumour or report, has reasonable grounds for believing that such statement, false information,rumour or report is true and makes, publishes or circulates it in good faith and without anysuch intent as aforesaid.
352. Whoever voluntarily causes or attempts to cause any person to do anything
which that person is not legally bound to do, or to omit to do anything which he is legallyentitled to do, by inducing or attempting to induce that person to believe that he or anyperson in whom he is interested will become or will be rendered by some act of the offenderan object of Divine displeasure if he does not do the thing which it is the object of theoffender to cause him to do, or if he does the thing which it is the object of the offender tocause him to omit, shall be punished with imprisonment of either description for a term whichmay extend to one year, or with fine, or with both.
Illustrations.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so
sitting, he renders Z an object of Divine displeasure. A has committed the offence defined inthis section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own
children, under such circumstances that the killing would be believed to render Z an objectof Divine displeasure. A has committed the offence defined in this section.
353. Whoever, in a state of intoxication, appears in any public place, or in any place
which it is a trespass in him to enter, and there conducts himself in such a manner as to causeannoyance to any person, shall be punished with simple imprisonment for a term which mayextend to twenty-four hours, or with fine which may extend to one thousand rupees, or withboth or with community service.
Of Defamation
354. (1) Whoever, by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes in any manner, any imputation concerning anyperson intending to harm, or knowing or having reason to believe that such imputation willharm, the reputation of such person, is said, except in the cases hereinafter excepted, todefame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person,
if the imputation would harm the reputation of that person if living, and is intended to behurtful to the feelings of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a
company or an association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically,
may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the moral or intellectualcharacter of that person, or lowers the character of that person in respect of his caste or of hiscalling, or lowers the credit of that person, or causes it to be believed that the body of thatperson is in a loathsome state, or in a state generally considered as disgraceful.
Illustrations.
(a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to
be believed that Z did steal B’s watch. This is defamation, unless it falls within one of theexceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed
that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.Act causedby inducingperson tobelieve that hewill be renderedan object ofthe Divinedispleasure.
Misconduct in
public by adrunkenperson.
Defamation.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that
Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
Exception 1.— It is not defamation to impute anything which is true concerning any
person, if it be for the public good that the imputation should be made or published. Whetheror not it is for the public good is a question of fact.
Exception 2.— It is not defamation to express in good faith any opinion whatever
respecting the conduct of a public servant in the discharge of his public functions, orrespecting his character, so far as his character appears in that conduct, and no further.
Exception 3.— It is not defamation to express in good faith any opinion whatever
respecting the conduct of any person touching any public question, and respecting hischaracter, so far as his character appears in that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith any opinion whatever respecting Z’s
conduct in petitioning Government on a public question, in signing a requisition for a meetingon a public question, in presiding or attending at such meeting, in forming or joining anysociety which invites the public support, in voting or canvassing for a particular candidatefor any situation in the efficient discharge of the duties of which the public is interested.
Exception 4.––It is not defamation to publish substantially true report of the
proceedings of a Court, or of the result of any such proceedings.
Explanation .—A Magistrate or other officer holding an enquiry in open Court
preliminary to a trial in a Court, is a Court within the meaning of the above section.
Exception 5.—It is not defamation to express in good faith any opinion whatever
respecting the merits of any case, civil or criminal, which has been decided by a Court, orrespecting the conduct of any person as a party, witness or agent, in any such case, orrespecting the character of such person, as far as his character appears in that conduct, andno further.
Illustrations.
(a) A says— “I think Z’s evidence on that trial is so contradictory that he must be
stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as theopinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness,and no further.
(b) But if A says— “I do not believe what Z asserted at that trial because I know him to
be a man without veracity”; A is not within this exception, inasmuch as the opinion whichexpress of Z’s character, is an opinion not founded on Z’s conduct as a witness.
Exception . 6—It is not defamation to express in good faith any opinion respecting the
merits of any performance which its author has submitted to the judgment of the public, orrespecting the character of the author so far as his character appears in such performance,and no further.
Explanation .—A performance may be submitted to the judgment of the public expressly
or by acts on the part of the author which imply such submission to the judgment of thepublic.
Illustrations.
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the
public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to
the judgment of the public.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s
book is indecent; Z must be a man of impure mind.” A is within the exception, if he says thisin good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only
so far as it appears in Z’s book, and no further.
(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a
weak man and a libertine.” A is not within this exception, inasmuch as the opinion which heexpresses of Z’s character is an opinion not founded on Z’s book.
Exception 7.—It is not defamation in a person having over another any authority,
either conferred by law or arising out of a lawful contract made with that other, to pass in
good faith any censure on the conduct of that other in matters to which such lawful authority
relates.
Illustration.
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court;
a head of a department censuring in good faith those who are under his orders, a parentcensuring in good faith a child in the presence of other children; a schoolmaster, whose
authority is derived from a parent, censuring in good faith a pupil in the presence of other
pupils; a master censuring a servant in good faith for remissness in service; a banker censuringin good faith the cashier of his bank for the conduct of such cashier as such cashier- arewithin this exception.
Exception 8.—It is not defamation to prefer in good faith an accusation against any
person to any of those who have lawful authority over that person with respect to the
subject-matter of accusation.
Illustration.
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the
conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, achild, to Z’s father-A is within this exception.
Exception 9.— It is not defamation to make an imputation on the character of another
provided that the imputation be made in good faith for the protection of the interests of the
person making it, or of any other person, or for the public good.
Illustrations.
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless
he pays you ready money, for I have no opinion of his honesty.” A is within the exception, ifhe has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation
on the character of Z. Here, if the imputation is made in good faith, and for the public good,A is within the exception.
Exception 10.— It is not defamation to convey a caution, in good faith, to one person
against another, provided that such caution be intended for the good of the person to whomit is conveyed, or of some person in whom that person is interested, or for the public good.
(2) Whoever defames another shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both or with community service.
(3) Whoever prints or engraves any matter, knowing or having good reason to believe
that such matter is defamatory of any person, shall be punished with simple imprisonment fora term which may extend to two years, or with fine, or with both.
(4) Whoever sells or offers for sale any printed or engraved substance containing
defamatory matter, knowing that it contains such matter, shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.
Of breach of contract to attend on and supply wants of helpless person.
355. Whoever, being bound by a lawful contract to attend on or to supply the wants
of any person who, by reason of youth, or of mental illness, or of a disease or bodilyweakness, is helpless or incapable of providing for his own safety or of supplying his ownwants, voluntarily omits so to do, shall be punished with imprisonment of either descriptionfor a term which may extend to three months, or with fine which may extend to five thousandrupees, or with both.
356. (1) The Indian Penal Code is hereby repealed.
(2) Notwithstanding the repeal of the Code referred to in sub-section ( 1), it shall not
affect,—
(a) the previous operation of the Code so repealed or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under the Code so repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed
against the Code so repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e) any proceeding, investigation or remedy in respect of any such penalty or
punishment as aforesaid, and any such proceeding or remedy may be instituted,continued or enforced, and any such penalty may be imposed as if that Code had notbeen repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the said
Code shall be deemed to have been done or taken under the corresponding provisions ofthis Sanhita.
(4) The mention of particular matters in sub-section ( 2) shall not be held to prejudice or
affect the general application of section 6 of the General Clauses Act,1897 with regard to theeffect of the repeal.Breach ofcontract toattend on andsupply wantsof helplessperson.
Repeal and
savings.45 of 1860.
10 of 1897.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109
STATEMENT OF OBJECTS AND REASONS
In the year 1834, the first Indian Law Commission was constituted under the Chairman-
ship of Lord Thomas Babington Macaulay to examine the jurisdiction, power and rules of theexisting Courts as well as the police establishments and the laws in force in India.
2. The Commission suggested various enactments to the Government. One of the
important recommendations made by the Commission was on, Indian Penal Code which wasenacted in 1860 and the said Code is still continuing in the country with some amendmentsmade thereto from time to time.
3. The Government of India considered it expedient and necessary to review the
existing criminal laws with an aim to strengthen law and order and also focus on simplifyinglegal procedure so that ease of living is ensured to the common man. The Government alsoconsidered to make existing laws relevant to the contemporary situation and provide speedyjustice to common man. Accordingly, various stakeholders were consulted keeping in mindcontemporary needs and aspirations of the people and with a view to create a legal structurewhich is citizen centric and to secure life and liberty of the citizens.
4. Now, it is proposed to enact a new law, namely, the Bharatiya Nyaya Sanhita Bill,
2023 by repealing the Indian Penal Code to streamline provisions relating to offences andpenalties. It is proposed to provide first time community service as one of the punishmentsfor petty offences. The offences against women and children, murder and offences againstthe State have been given precedence. The various offences have been made gender neutral.In order to deal effectively with the problem of organised crimes and terrorist activities, newoffences of terrorist acts and organised crime have been added in the Bill with deterrentpunishments. A new offence on acts of secession, armed rebellion, subversive activities,separatist activities or endangering sovereignty or unity and integrity of India has also beenadded. The fines and punishment for various offences have also been suitably enhanced.
5. The Notes on Clauses explains the various provisions of the Bill.6. The Bill seeks to achieve the above objectives.
N
EW DELHI; AMIT SHAH.
The 9th August , 2023.
NOTES ON CLAUSES
Clause 1 of the Bill seeks to provide short title, commencement and application of the
proposed legislation.
Clause 2 of the Bill seeks to define certain words and expressions used in the proposed
legislation such as act, omission, counterfeit, dishonestly, gender, good faith, offence,
voluntarily, etc.
Clause 3 of the Bill seeks to provide general explanations and expressions enumerated
in the proposed legislation subject to the exceptions contained in the "General Exceptions",
Chapter.
Clause 4 of the Bill seeks to provide punishments for various offences provided under
the provisions of the proposed Bill.
Clause 5 of the Bill seeks to empower the appropriate Government to commute the
sentence of death or imprisonment for life.
Clause 6 of the Bill seeks to provide fractions of terms of punishment of imprisonment
for life as equivalent to twenty years unless otherwise provided.
Clause 7 of the Bill seeks to provide for sentence which may be either wholly or partly
rigorous or simple.
Clause 8 of the Bill seeks to provide for amount of fine in default of payment of fine and
imprisonment in default of payment of fine.
Clause 9 of the Bill seeks to provide for the limit of punishment for several offences.
Clause 10 of the Bill seeks to provide for lowest punishment provided for an offence
where it is doubtful among the commission of several offences.
Clause 11 of the Bill seeks to provide the power to court for solitary confinement.
Clause 12 of the Bill seeks to provide for limit of solitary confinement in certain cases.
Clause 13 of the Bill seeks to provide for enhanced punishment for certain offences
after previous conviction.
Clause 14 of the Bill seeks to exempt a person who acts by mistake of fact and not by
mistake of law in good faith believing himself to be bound by law to do it.
Clause 15 of the Bill seeks to provide that nothing is an offence which is done by a
Judge when acting judicially in the exercise of any power which is, or which in good faith hebelieves to be, given to him by law.
Clause 16 of the Bill seeks to exempt a person from an offence when acting under a
judgment or order notwithstanding that the Court had no jurisdiction to pass such judgmentor order, provided the person doing the act in good faith believes that the Court had such
jurisdiction.
Clause 17 of the Bill seeks to provide that nothing is an offence which is done by any
person who is justified by law, or who by reason of a mistake of fact and not by reason of a
mistake of law in good faith, believes himself to be justified by law, in doing it.
Clause 18 of the Bill seeks to provide that nothing is an offence which is done by
accident or misfortune, and without any criminal intention or knowledge in the doing of a
lawful act in a lawful manner by lawful means and with proper care and caution.
Clause 19 of the Bill seeks to provide that nothing is an offence merely by reason of its
being done with the knowledge that it is likely to cause harm, if it be done without anycriminal intention to cause harm, and in good faith for the purpose of preventing or avoidingother harm to person or property.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111
Clause 20 of the Bill seeks to provide that nothing is an offence which is done by a
child under seven years of age.
Clause 21 of the Bill seeks to provide that nothing is an offence which is done by a
child above seven years of age and under twelve, who has not attained sufficient maturity ofunderstanding to judge of the nature and consequences of his conduct on that occasion.
Clause 22 of the Bill seeks to provide that nothing is an offence which is done by a
person who, at the time of doing it, by reason of mental illness, is incapable of knowing thenature of the act, or that he is doing what is either wrong or contrary to law.
Clause 23 of the Bill seeks to provide that nothing is an offence which is done by a
person under intoxication unless that the thing which intoxicated him was administered tohim without his knowledge or against his will.
Clause 24 of the Bill seeks to provide that in cases where an act done is not an offence
unless done with a particular knowledge or intent, a person who does the act in a state ofintoxication shall be liable to be dealt with as if he had the same knowledge as he would havehad if he had not been intoxicated, unless the thing which intoxicated him was administeredto him without his knowledge or against his will.
Clause 25 of the Bill seeks to provide that nothing is an offence which is not intendent
to cause death, or grievous hurt when the harm done with consent of a person aboveeighteen years of age whether express or implied, to suffer that harm; or by reason of anyharm which it may be known by the doer to be likely to cause to any such person who hasconsented to take the risk of that harm.
Clause 26 of the Bill seeks to provide that nothing is an offence when the act not
intended to cause death done by consent in good faith and for persons' benefit.
Clause 27 of the Bill seeks to provide that nothing is an offence when an act is done
in good faith for benefit of child or person with mental illness, by or by consent of guardian.
Clause 28 of the Bill seeks to provide that the consent is not a consent as intended by
the proposed legislation when it is given under fear or misconception or by a person undertwelve years of age.
Clause 29 of the Bill seeks to provide that exceptions in sections 21, 22 and 23 do not
extend to acts which are offences independently of any harm which they may cause, or beintended to cause, or be known to be likely to cause, to the person giving the consent, or onwhose behalf the consent is given.
Clause 30 of the Bill seeks to provide that nothing is an offence when act done in
good faith for benefit of a person without consent if the circumstances are such that it isimpossible for that person to signify consent, or if that person is incapable of giving consent,and has no guardian or other person in lawful charge of him from whom it is possible toobtain consent in time for the thing to be done with benefit.
Clause 31 of the Bill seeks to provide that no communication made in good faith is an
offence by reason of any harm to the person to whom it is made, if it is made for the benefitof that person.
Clause 32 of the Bill seeks to provide that nothing is an offence done by a person
except murder, and offences against the State punishable with death, which is done by aperson who is compelled to do it by threats, which, at the time of doing it, reasonably causethe apprehension that instant death to that person will otherwise be the consequence.
Clause 33 of the Bill seeks to provide that nothing is an offence by reason that it
causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if thatharm is so slight that no person of ordinary sense and temper would complain of such harm.
Clause 34 of the Bill seeks to provide that nothing is an offence which is done in the
exercise of the right of private defence.
Clause 35 of the Bill seeks to provide that every person has a right of private defence
of the body and of property subject to the restrictions contained in the Bill.
Clause 36 of the Bill seeks to provide that nothing is an offence, when an act is done
in exercise of right of private defence, due to want of maturity of understanding, the mentalillness or the intoxication of the person doing that act, or by reason of any misconception onthe part of that person, however, every person has the same right of private defence againstthat act which he would have if the act were that offence.
Clause 37 of the Bill seeks to provide certain acts against which the right of private
defence does not extend.
Clause 38 of the Bill seeks to provide for certain circumstances where the right of
private defence of the body extends to causing death.
Clause 39 of the Bill seeks to provides for certain circumstances when the right of
taking private defence extends to causing harm other than death.
Clause 40 of the Bill seeks to provide that the right to private defence of the body
starts as soon as reasonable apprehension of danger to the body arises and continues aslong as such apprehension continues.
Clause 41 of the Bill seeks to provides for certain circumstances when the right of
private defence of property extends to causing death.
Clause 42 of the Bill seeks to provide the circumstances when the right of private
defence of property extends to causing any harm other than death.
Clause 43 of the Bill seeks to provide that the right of private defence of property
starts as soon as reasonable apprehension of danger to the property commences andcontinues as long as such apprehension continues.
Clause 44 of the Bill seeks to provide that if in the exercise of the right of private
defence against an assault which reasonably causes the apprehension of death and thedefender is so situated that he cannot effectually exercise that right without risk of harm to aninnocent person, his right of private defence extends to the running of that risk.
Clause 45 of the Bill seeks to provide the meaning of abetment to mean that instigation
by any person to do a thing, or engages with one or more other person or persons in anyconspiracy for the doing of that thing, if an act or illegal omission takes place in pursuanceof that conspiracy, and in order to the doing of that thing, intentionally aids, by any act orillegal omission, the doing of that thing.
Clause 46 of the Bill seeks to provide that a person abets an offence, who abets either
the commission of an offence, or the commission of an act which would be an offence, ifcommitted by a person capable by law of committing an offence with the same intention orknowledge as that of the abettor.
Clause 47 of the Bill seeks to provide that a person abets an offence within the
meaning of this Sanhita who, in India, abets the commission of any act without and beyondIndia which would constitute an offence if committed in India.
Clause 48 of the Bill seeks to provide that a person abets an offence within the
meaning of this Sanhita who, without and beyond India, abets the commission of any act inIndia which would constitute an offence if committed in India.
Clause 49 of the Bill seeks to provide for the punishment of abetment if the act abetted
is committed in consequence and where no express provision is made for its punishment.
Clause 50 of the Bill seeks to provide that punishment of abetment if person abetted
does act with different intention from that of abettor.
Clause 51 of the Bill seeks to provide that when an Act is abetted and a different act
is done, the abettor is liable for the act done, in the same manner and to the same extent as if
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113
he had directly abetted it, provided that the act done was a probable consequence of the
abetment, and was committed under the influence of the instigation, or with the aid or inpursuance of the conspiracy which constituted the abetment.
Clause 52 of the Bill seeks to provide that if the act for which the abettor is liable under
section 51 is committed in addition to the act abetted, and constitute a distinct offence, theabettor is liable to punishment for each of the offences.
Clause 53 of the Bill seeks to provide that liability of abettor for an effect caused by
the act abetted different from that intended by the abettor.
Clause 54 of the Bill seeks to provide that whenever any person, who is absent would
be liable to be punished as an abettor, is present when the act or offence for which he wouldbe punishable in consequence of the abetment is committed, he shall be deemed to havecommitted such act or offence.
Clause 55 of the Bill seeks to provide that when no express provision is made under
this Sanhita for the punishment of abetment relating to an offence punishable with death orimprisonment for life, the person shall be punished with imprisonment which may extend toseven years, and also liable to fine.
Clause 56 of the Bill seeks to provide that if the offence abetment is not committed
and no express provision is made for punishment, is shall be punished for imprisonmentprovided for that purpose for a term which may extend so one fourth part of the longest termprovided that for that offence or with fine provided for that offence.
Clause 57 of the Bill seeks to provide that whoever abets the commission of an
offence by the public generally or by any number or class of persons exceeding ten, shall bepunished with imprisonment of either description for a term which may extend to seven yearsand with fine.
Clause 58 of the Bill seeks to provide that concealing design to commit offence
punishable with death or imprisonment for life.
Clause 59 of the Bill seeks to provide for punishment to the public servant for
concealing design of offence and thereby intending to facilitate such offence which it is hisduty as such public servant to prevent the said offence.
Clause 60 of the Bill seeks to provide for punishment where a person intending to
facilitate or knowing it to be likely that he will thereby facilitate the commission of an offencepunishable with imprisonment, voluntarily conceals, by any act or illegal omission, theexistence of a design to commit such offence, or makes any representation which he knowsto be false respecting such design.
Clause 61 of the Bill seeks to provide that when two or more persons agree to do, or
cause to be done an illegal act, or an act which is not illegal by illegal means, such anagreement is designated a criminal conspiracy.
Clause 62 of the Bill seeks to provide for punishment for attempting to commit
offences, which is punishable with imprisonment for life or other imprisonment, for a termwhich may extend to one-half of the imprisonment for life or, as the case may be, one half ofthe longest term of imprisonment provided for that offence, or with such fine as is providedfor the offence, or with both.
Clause 63 of the Bill seeks to provide for definition of rape and various circumstances
under which the offence shall be treated as rape.
Clause 64 of the Bill seeks to provide for punishment for rape when committed by
persons such as police officer, public servant, being a member of armed forces, staff of jail
etc., which may extend to for a term which shall not be less than ten years but which mayextend to imprisonment for life, which shall mean imprisonment for the remainder of thatperson's natural life, and shall also be liable to fine.
Clause 65 of the Bill seeks to provide for punishment for rape in certain cases such as
woman under sixteen years of age.
Clause 66 of the Bill seeks to provide for punishment for rape, if in the course of
commission of rape inflicts an injury which causes the death of the woman or causes the
woman to be in a persistent vegetative state, with rigorous imprisonment for a term whichshall not be less than twenty years, but which may extend to imprisonment for life, whichshall mean imprisonment for the remainder of that person's natural life, or with death.
Clause 67 of the Bill seeks to provide for punishment of a person to two years which
may extend to seven years and also liable for fine if such person commits sexual intercourse
with his own wife during separation whether under a decree of separation or otherwise,
without her consent.
Clause 68 of the Bill seeks to provide for punishment of rape, when committed by a
person who is in a position of authority such as public servant, superintendent or managerof jail, staff under the management of hospital etc., for term which shall not less than fiveyears but may extend to ten years and also with fine.
Clause 69 of the Bill seeks to provide that whoever, by deceitful means or making by
promise to marry to a woman without any intention of fulfilling the same, and has sexualintercourse with her, such sexual intercourse not amounting to the offence of rape, shall bepunished with imprisonment of either description for a term which may extend to ten yearsand shall also be liable to fine.
Clause 70 of the Bill seeks to provide for punishment for gang rape, by one or more
persons, to rigorous imprisonment for a term which shall not be less than twenty years, but
which may extend to life which shall mean imprisonment for the remainder of that person'snatural life, and with fine and also provide for punishment for imprisonment for life or withdeath when a gang rape is committed with a woman under eighteen years of age.
Clause 71 of the Bill seeks to provide for punishment for a repeat offender, previously
convicted of an offence punishable under section 63 or section 64 or section 65 or section 66
or section 67 and is subsequently convicted for said sections, with imprisonment for life
which shall mean imprisonment for the remainder of that person's natural life, or with death.
Clause 72 of the Bill seeks to provide for punishment to offender who prints or
publishes, the name or any matter which may make known the identity of any person againstwhom an offence under section 63 or section 64 or section 65 or section 66 or section 67 orsection 68 is alleged or found to have been committed (hereafter in this section referred to as
the victim), with imprisonment of either description for a term which may extend to two years
and shall also be liable to fine subject to certain conditions.
Clause 73 of the Bill seeks to provide for punishment for assaults or uses criminal
force, to any woman, intending to outrage or knowing it to be likely that he will there byoutrage her modesty, with imprisonment of either description for a term which shall not beless than one year but which may extend to five years, and shall also be liable to fine.
Clause 74 of the Bill seeks to provide punishment for sexual harassment, such as
physical contact and advances involving unwelcome and explicit sexual overtures; or ademand or request for sexual favours; or showing pornography against the will of a woman;
with rigorous imprisonment for a term which may extend to three years, or with fine, or withboth and for making sexually coloured remarks, with imprisonment of either description fora term which may extend to one year, or with fine, or with both.
Clause 75 of the Bill seeks to provide that whoever assaults or uses criminal force to
any woman or abets such act with the intention of disrobing or compelling her to be naked,shall be punished with imprisonment of either description for a term which shall not be lessthan three years but which may extend to seven years, and shall also be liable to fine.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115
Clause 76 of the Bill seeks to provide for punishment for voyeurism, such as watching
or capturing the image of a woman engaging in a private act in circumstances where shewould usually have the expectation of not being observed either by the perpetrator or by anyother person, at the behest of the perpetrator or disseminates such image and punishmentthereof.
Clause 77 of the Bill seeks to provide for stalking such as follows a woman and
contacts, or attempts to contact such woman to foster personal interaction repeatedly despitea clear indication of disinterest by such woman; etc., and punishment thereof.
Clause 78 of the Bill seeks to provide for punishment for intending to insult the
modesty of any woman, utters any words, makes any sound or gesture, or exhibits anyobject in any form, intending that such word or sound shall be heard, or that such gesture orobject shall be seen, by such woman, or intrudes upon the privacy of such woman, withsimple imprisonment for a term which may extend to three years, and also with fine.
Clause 79 of the Bill seeks to provide punishment for dowry death, which shall be with
imprisonment for a term which shall not be less than seven years but which may extend toimprisonment for life.
Clause 80 of the Bill seeks to provide punishment for cohabitation or sexual intercourse
by a man deceitfully inducing a woman to belief of lawful marriage, with imprisonment ofeither description for a term which may extend to ten years, and shall also be liable to fine.
Clause 81 of the Bill seeks to provide that whoever, having a husband or wife living,
marries in any case in which such marriage is void by reason of its taking place during the lifeof such husband or wife, shall be punished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.
Clause 82 of the Bill seeks to provide that whoever, dishonestly or with a fraudulent
intention, goes through the ceremony of being married, knowing that he is not therebylawfully married, shall be punished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine.
Clause 83 of the Bill seeks to provide that whoever takes or entices away any woman
who is and whom he knows or has reason to believe to be the wife of any other man, withintent that she may have illicit intercourse with any person, or conceals or detains with thatintent any such woman, shall be punished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.
Clause 84 of the Bill seeks to provide that whoever, being the husband or the relative
of the husband of a woman, subjects such woman to cruelty shall be punished withimprisonment for a term which may extend to three years and shall also be liable to fine.
Clause 85 of the Bill seeks to provide for punishment for kidnapping abducting or
inducing woman to compel her marriage against her will for illicit intercourse, with animprisonment for a term which may extend to ten years, and shall also be liable to fine.
Clause 86 of the Bill seeks to provide for punishment for causing voluntary miscarriage
if not caused for good faith for the purpose of saving the life of the woman, with imprisonmentfor a term which may extend to three years, or with fine, or with both; and, if the woman bequick with child, shall be punished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine.
Clause 87 of the Bill seeks to provide punishment for miscarriage without consent of
woman, for a term which may extend to ten years and also for fine.
Clause 88 of the Bill seeks to provide that punishment whoever, with intent to cause
the miscarriage of a woman with child, does any act which causes the death of such woman,shall be punished with imprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine; and when done without the consent of woman withimprisonment for life or which may extend to ten years or with fine.
Clause 89 of the Bill seeks to provide that whoever before the birth of any child does
any act with the intention of thereby preventing that child from being born alive or causingit to die after its birth, and does by such act prevent that child from being born alive, orcauses it to die after its birth, shall, if such act be not caused in good faith for the purpose ofsaving the life of the mother, be punished with imprisonment of either description for a termwhich may extend to ten years, or with fine, or with both.
Clause 90 of the Bill seeks to provide that whoever does any act under such
circumstances, that if he thereby caused death he would be guilty of culpable homicide, anddoes by such act cause the death of a quick unborn child, shall be punished with imprisonmentof either description for a term which may extend to ten years, and shall also be liable to fine.
Clause 91 of the Bill seeks to provide that whoever being the father or mother of a
child under the age of twelve years, or having the care of such child, shall expose or leavesuch child in any place with the intention of wholly abandoning such child, shall be punishedwith imprisonment of either description for a term which may extend to seven years, or withfine, or with both.
Clause 92 of the Bill seeks to provide that whoever, by secretly burying or otherwise
disposing of the dead body of a child whether such child die before or after or during itsbirth, intentionally conceals or endeavours to conceal the birth of such child, shall be punishedwith imprisonment of either description for a term which may extend to two years, or withfine, or with both
Clause 93 of the Bill seeks to provide that whoever hires, employs or engages any
person below the age of eighteen years to commit an offence shall be punished withimprisonment of either description or fine provided for that offence as if the offence has beencommitted by such person himself.
Clause 94 of the Bill seeks to provide that whoever, by any means whatsoever,
induces any child below the age of eighteen years to go from any place or to do any act withintent that such child below the age of eighteen years may be, or knowing that it is likely thatsuch child will be, forced or seduced to illicit intercourse with another person shall bepunishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Clause 95 of the Bill seeks to provide that whoever kidnaps or abducts any child
under the age of ten years with the intention of taking dishonestly any movable propertyfrom the person of such child, shall be punished with imprisonment of either description fora term which may extend to seven years, and shall also be liable to fine.
Clause 96 of the Bill seeks to provide that whoever sells, lets to hire, or otherwise
disposes of child below eighteen years of age with intent that such child shall at any age beemployed or used for the purpose of prostitution or illicit intercourse with any person or forany unlawful and immoral purpose, or knowing it to be likely that such person will at any agebe employed or used for any such purpose, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
Clause 97 of the Bill seeks to provide that whoever buys, hires or otherwise obtains
possession of any child below the age of eighteen years with intent that such person shallat any age be employed or used for the purpose of prostitution or illicit intercourse with anyperson or for any unlawful and immoral purpose, or knowing it to be likely that such child willat any age be employed or used for any such purpose, shall be punished with imprisonmentof either description for a term which shall not be less than seven years but which mayextend to fourteen years, and shall also be liable to fine.
Clause 98 of the Bill seeks to provide that whoever causes death by doing an act with
the intention of causing death, or with the intention of causing such bodily injury as is likelyto cause death, or with the knowledge that he is likely by such act to cause death, commitsthe offence of culpable homicide.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117
Clause 99 of the Bill seeks to provide various circumstances under which the culpable
homicide is murder.
Clause 100 of the Bill seeks to define culpable homicide by causing death of person
other than person whose death was intended.
Clause 101 of the Bill seeks to provide punishment for murder which shall be death or
imprisonment for life, and also fine. Sub-Clause ( 2) further provides that when a murder is
committed by a group of five or more persons acting in concert on the ground of race, casteor community, sex, place of birth, language, personal belief or any other ground each memberof such group shall be punished with death or with imprisonment for life or imprisonment fora term which shall not be less than seven years and shall also be liable to fine.
Clause 102 of the Bill seeks to provide that whoever, being under sentence of
imprisonment for life, commits murder, shall be punished with death or with imprisonment forlife, which shall mean the remainder of that person's natural life.
Clause 103 of the Bill seeks to provide the punishment for culpable homicide not
amounting to murder.
Clause 104 of the Bill seeks to provide that whoever causes the death of any person by
doing any rash or negligent act not amounting to culpable homicide, shall be punished withimprisonment of either description for a term which may extend to seven years and shall alsobe liable to fine. It further provides that whoever causes death of any person by doing anyrash or negligent act not amounting to culpable homicide and escapes from the scene ofincident or fails to report the incident to a Police officer or Magistrate soon after the incident,shall be punished with imprisonment of either description of a term which may extend to tenyears and shall also be liable to fine.
Clause 105 of the Bill seeks to provide that if any person under eighteen years of age,
with mental illness, any delirious person or any person in a state of intoxication, commitssuicide, whoever abets the commission of such suicide, shall be punished with death orimprisonment for life, or imprisonment for a term not exceeding ten years, and shall also beliable to fine.
Clause 106 of the Bill seeks to provide that if any person commits suicide, whoever
abets the commission of such suicide, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable to fine.
Clause 107 of the Bill seeks to provide punishment for attempt to murder and if by that
death is caused, he would be guilty of murder and shall be punished with imprisonmentwhich may extend to ten years and also for fine and further provides that if hurt is caused bysuch act the punishment shall be imprisonment for life, or with fine, or with both.
Clause 108 of the Bill seeks to define attempt to commit culpable homicide not
amounting to murder and provides for punishment which may extend to three years, or withfine, or with both; and, if hurt is caused to any person by such act, shall be punished withimprisonment of either description for a term which may extend to seven years, or with fine,or with both.
Clause 109 of the Bill seeks to define organised crime to mean that continuing unlawful
activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing,economic offences, cyber-crimes having severe consequences, trafficking in people, drugsetc., and punishment thereof.
Clause 110 of the Bill seeks to define petty organised crime as any crime that causes
general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle,domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personalproperty),etc., and punishment thereof.
Clause 111 of the Bill seeks to provide that a terrorist act shall mean using bombs,
dynamite or other explosive substance to cause damage or loss due to damage or destructionof property or to cause extensive interference with, damage or destruction to criticalinfrastructure, etc., with the intention to threaten the unity, integrity and security of India, tointimidate the general public or a segment thereof, or to disturb public order.
Clause 112 of the Bill seeks to provide whoever causes bodily pain, disease or
infirmity to any person is said to cause hurt.
Clause 113 of the Bill seeks to define voluntarily causing hurt and punishment
thereof.
Clause 114 of the Bill seeks to provide that hurt namely, emasculation, permanent
privation of the sight of either eye, permanent privation of the hearing of either ear privationof any member or joint, destruction or permanent impairing of the powers of any member orjoint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth,and any hurt which endangers life or which causes the sufferer to be during the space offifteen days in severe bodily pain, or unable to follow his ordinary pursuits are grievous hurt.
Clause 115 of the Bill seeks to define voluntarily causing grievous hurt and
punishment thereof.
Clause 116 of the Bill seeks to define voluntarily causing hurt or grievous hurt by
dangerous weapons or means and punishment thereof.
Clause 117 of the Bill seeks to define voluntarily causing hurt or grievous hurt to
extort property, or to constrain to an illegal to an act and punishment thereof.
Clause 118 of the Bill seeks to define voluntarily causing hurt or grievous hurt to
extort confession, or to compel restoration of property and punishment thereof.
Clause 119 of the Bill seeks to define voluntarily causing hurt or grievous hurt to
deter public servant from his duty and punishment thereof.
Clause 120 of the Bill seeks to define voluntarily causing hurt or grievous hurt on
provocation and punishment thereof.
Clause 121 of the Bill seeks to define causing hurt by means of poison, etc., with
intent to commit an offence and punishment thereof.
Clause 122 of the Bill seeks to define voluntarily causing grievous hurt by use of acid,
etc., and punishment thereof.
Clause 123 of the Bill seeks to define act endangering life or personal safety of others
and punishment thereof.
Clause 124 of the Bill seeks to define wrongful restraint and punishment thereof.
Clause 125 of the Bill seeks to define wrongful confinement and punishment thereof
.Clause 126 of the Bill seeks to define force.
Clause 127 of the Bill seeks to define criminal force.
Clause 128 of the Bill seeks to define assault.
Clause 129 of the Bill seeks to provide punishment for assault or criminal force
otherwise than on grave provocation.
Clause 130 of the Bill seeks to provide punishment for assault or criminal force to
deter public servant from discharge of his duty.
Clause 131 of the Bill seeks to provide punishment for assault or criminal force with
intent to dishonour person, otherwise than on grave provocation.
Clause 132 of the Bill seeks to provide punishment assault or criminal force in attempt
to commit theft of property carried by a person.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119
Clause 133 of the Bill seeks to provide punishment assault or criminal force in attempt
wrongfully to confine a person.
Clause 134 of the Bill seeks to provide punishment assault or criminal force on grave
provocation.
Clause 135 of the Bill seeks to define kidnapping and punishment thereof.
Clause 136 of the Bill seeks to provide that whoever by force compels, or by any
deceitful means induces, any person to go from any place, is said to abduct that person.
Clause 137 of the Bill seeks to define kidnapping or maiming a child for purposes of
begging and punishment thereof.
Clause 138 of the Bill seeks to provide for kidnapping or abducting in order to murder
or for ransom, etc., and punishment thereof.
Clause 139 of the Bill seeks to provide for importation of girl or boy from foreign
country and punishment thereof.
Clause 140 of the Bill seeks to provide for wrongfully concealing or keeping in
confinement, kidnapped or abducted person punishment thereof.
Clause 141 of the Bill seeks to provide for trafficking of person and punishment
thereof.
Clause 142 of the Bill seeks to provide for exploitation of a trafficked person and
punishment thereof.
Clause 143 of the Bill seeks to provide for habitual dealing in slaves and punishment
thereof.
Clause 144 of the Bill seeks to provide for unlawful compulsory labour and punishment
thereof.
Clause 145 of the Bill seeks to provide for waging, or attempting to wage war, or
abetting waging of war, against the Government of India and punishment thereof.
Clause 146 of the Bill seeks to provide for conspiracy to commit offences punishable
by section 145 and punishment thereof.
Clause 147 of the Bill seeks to provide for collecting arms, etc., with intention of
waging war against the Government of India and punishment thereof.
Clause 148 of the Bill seeks to provide for concealing with intent to facilitate design
to wage war and punishment thereof.
Clause 149 of the Bill seeks to provide for assaulting President, Governor, etc., with
intent to compel or restrain the exercise of any lawful power and punishment thereof.
Clause 150 of the Bill seeks to provide for acts endangering sovereignty unity and
integrity of India and punishment thereof.
Clause 151 of the Bill seeks to provide for waging war against Government of any
foreign State at peace with the Government of India and punishment thereof.
Clause 152 of the Bill seeks to provide for committing depredation on territories of
foreign State at peace with the Government of India and punishment thereof.
Clause 153 of the Bill seeks to provide for receiving property taken by war or
depredation mentioned in sections 151 and 152 and punishment thereof.
Clause 154 of the Bill seeks to provide for public servant voluntarily allowing
prisoner of state or war to escape and punishment thereof.
Clause 155 of the Bill seeks to provide for public servant negligently suffering such
prisoner to escape and punishment thereof.
Clause 156 of the Bill seeks to provide for aiding escape of, rescuing or harbouring
such prisoner and punishment thereof.
Clause 157 of the Bill seeks to provide for abetting mutiny, or attempting to seduce
a soldier, sailor or airman from his duty and punishment thereof.
Clause 158 of the Bill seeks to provide for abetment of mutiny, if mutiny is committed
in consequence thereof and punishment thereof.
Clause 159 of the Bill seeks to provide for abetment of assault by soldier, sailor or
airman on his superior officer, when in execution of his office and punishment thereof.
Clause 160 of the Bill seeks to provide for abetment of such assault, if the assault
committed and punishment thereof.
Clause 161 of the Bill seeks to provide for abetment of desertion of soldier, sailor or
airman and punishment thereof.
Clause 162 of the Bill seeks to provide for harbouring deserter and punishment
thereof.
Clause 163 of the Bill seeks to provide for deserter concealed on board merchant
vessel through negligence of master and punishment thereof.
Clause 164 of the Bill seeks to provide for abetment of act of insubordination by
soldier, sailor or airman and punishment thereof.
Clause 165 of the Bill seeks to provide that no person subject to the Army Act, 1950,
the Indian Navy (Discipline) Act, 1934, the Air Force Act, 1950, shall be subject to punishmentunder the Bill for any of the offences defined under Chapter VIII.
Clause 166 of the Bill seeks to provide for wearing garb or carrying token used by
soldier, sailor or airman and punishment thereof.
Clause 167 of the Bill seeks to define "candidate" and "electoral right".
Clause 168 of the Bill seeks to provide for bribery.
Clause 169 of the Bill seeks to provide for undue influence at elections.
Clause 170 of the Bill seeks to provide for personation at elections.
Clause 171 of the Bill seeks to provide punishment for bribery.
Clause 172 of the Bill seeks to provide punishment for undue influence or personation
at an election.
Clause 173 of the Bill seeks to provide for false statement in connection with an
election and punishment thereof.
Clause 174 of the Bill seeks to provide for illegal payments in connection with an
election and punishment thereof.
Clause 175 of the Bill seeks to provide for failure to keep election account and
punishment thereof.
Clause 176 of the Bill seeks to provide for counterfeiting coin, government stamps,
currency-notes or bank-notes and punishment thereof.
Clause 177 of the Bill seeks to provide for using as genuine, forged or counterfeit
coin, Government stamp, currency-notes or bank-notes and punishment thereof.
Clause 178 of the Bill seeks to provide for possession of forged or counterfeit coin,
Government stamp, currency-notes or bank-notes and punishment thereof.
Clause 179 of the Bill seeks to provide for making or possessing instruments
or materials for forging or counterfeiting coin, Government stamp, currency notes orbank-notes and punishment thereof.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121
Clause 180 of the Bill seeks to provide for making or using documents resembling
currency-notes or bank-notes and punishment thereof.
Clause 181 of the Bill seeks to provide for effacing writing from substance bearing
Government stamp, or removing from document a stamp used for it, with intent to cause lossto Government and punishment thereof.
Clause 182 of the Bill seeks to provide for using Government stamp known to have
been before used and punishment thereof.
Clause 183 of the Bill seeks to provide for erasure of mark denoting that stamp has
been used and punishment thereof.
Clause 184 of the Bill seeks to provide for prohibition of fictitious stamps and
punishment thereof.
Clause 185 of the Bill seeks to provide for person employed in mint causing coin to be
of different weight or composition from that fixed by law and punishment thereof.
Clause 186 of the Bill seeks to provide for unlawfully taking coining instrument from
mint and punishment thereof.
Clause 187 of the Bill seeks to provide for unlawful assembly and punishment thereof.
Clause 188 of the Bill seeks to provide for every member of unlawful assembly guilty
of offence committed in prosecution of common object.
Clause 189 of the Bill seeks to provide for rioting and punishment thereof.
Clause 190 of the Bill seeks to provide for want only giving provocation with intent
to cause riot- if rioting be committed; if not committed and punishment thereof.
Clause 191 of the Bill seeks to provide for liability of owner, occupier, etc., of land on
which an unlawful assembly or riot takes place and punishment thereof.
Clause 192 of the Bill seeks to provide for affray and punishment thereof.
Clause 193 of the Bill seeks to provide for assaulting or obstructing public servant
when suppressing riot, etc., and punishment thereof.
Clause 194 of the Bill seeks to provide for promoting enmity between different groups
on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicialto maintenance of harmony and punishment thereof.
Clause 195 of the Bill seeks to provide for imputations, assertions prejudicial to
national integration and punishment thereof.
Clause 196 of the Bill seeks to provide for public servant disobeying law, with intent
to cause injury to any person and punishment thereof.
Clause 197 of the Bill seeks to provide for public servant disobeying direction under
law and punishment thereof.
Clause 198 of the Bill seeks to provide for punishment for non-treatment of victim and
punishment thereof.
Clause 199 of the Bill seeks to provide for public servant framing an incorrect document
with intent to cause injury and punishment thereof.
Clause 200 of the Bill seeks to provide for public servant unlawfully engaging in trade
and punishment thereof.
Clause 201 of the Bill seeks to provide for public servant unlawfully buying or bidding
for property and punishment thereof.
Clause 202 of the Bill seeks to provide for personating a public servant and punishment
thereof.
Clause 203 of the Bill seeks to provide for wearing garb or carrying token used by
public servant with fraudulent intent and punishment thereof.
Clause 204 of the Bill seeks to provide for absconding to avoid service of summons or
other proceeding and punishment thereof.
Clause 205 of the Bill seeks to provide for preventing service of summons or other
proceeding, or preventing publication thereof and punishment thereof
Clause 206 of the Bill seeks to provide for non-attendance in obedience to an order
from public servant and punishment thereof.
Clause 207 of the Bill seeks to provide for non-appearance in response to a proclamation
under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and punishment thereof.
Clause 208 of the Bill seeks to provide for omission to produce document to public
servant by person legally bound to produce it and punishment thereof.
Clause 209 of the Bill seeks to provide for omission to give notice or information to
public servant by person legally bound to give it and punishment thereof.
Clause 210 of the Bill seeks to provide for furnishing false information and punishment
thereof.
Clause 211 of the Bill seeks to provide for refusing oath or affirmation when duly
required by public servant to make it and punishment thereof.
Clause 212 of the Bill seeks to provide for refusing to answer public servant authorised
to question and punishment thereof.
Clause 213 of the Bill seeks to provide for refusing to sign statement and punishment
thereof.
Clause 214 of the Bill seeks to provide for false statement on oath or affirmation to
public servant or person authorised to administer an oath or affirmation and punishmentthereof.
Clause 215 of the Bill seeks to provide for false information, with intent to cause public
servant to use his lawful power to the injury of another person and punishment thereof.
Clause 216 of the Bill seeks to provide for resistance to the taking of property by the
lawful authority of a public servant and punishment thereof.
Clause 217 of the Bill seeks to provide for obstructing sale of property offered for sale
by authority of public servant and punishment thereof.
Clause 218 of the Bill seeks to provide for illegal purchase or bid for property offered
for sale by authority of public servant and punishment thereof.
Clause 219 of the Bill seeks to provide for obstructing public servant in discharge of
public functions and punishment thereof.
Clause 220 of the Bill seeks to provide for omission to assist public servant when
bound by law to give assistance and punishment thereof.
Clause 221 of the Bill seeks to provide for disobedience to order duly promulgated by
public servant and punishment thereof.
Clause 222 of the Bill seeks to provide for threat of injury to public servant and
punishment thereof.
Clause 223 of the Bill seeks to provide for threat of injury to induce person to refrain
from applying for protection to public servant and punishment thereof.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123
Clause 224 of the Bill seeks to provide for attempt to commit suicide to compel or
restraint exercise of lawful power and punishment thereof.
Clause 225 of the Bill seeks to provide for giving false evidence.
Clause 226 of the Bill seeks to provide for fabricating false evidence.
Clause 227 of the Bill seeks to provide for punishment for false evidence.
Clause 228 of the Bill seeks to provide for giving or fabricating false evidence with
intent to procure conviction of capital offence and punishment thereof.
Clause 229 of the Bill seeks to provide for giving or fabricating false evidence with
intent to procure conviction of offence punishable with imprisonment for life or imprisonmentand punishment thereof.
Clause 230 of the Bill seeks to provide for threatening any person to give false evidence
and punishment thereof.
Clause 231 of the Bill seeks to provide for using evidence known to be false and
punishment thereof.
Clause 232 of the Bill seeks to provide for issuing or signing false certificate and
punishment thereof.
Clause 233 of the Bill seeks to provide for using as true a certificate known to be false
and punishment thereof.
Clause 234 of the Bill seeks to provide for false statement made in declaration which is
by law receivable as evidence and punishment thereof.
Clause 235 of the Bill seeks to provide for using as true such declaration knowing it to
be false and punishment thereof.
Clause 236 of the Bill seeks to provide for causing disappearance of evidence of
offence, or giving false information to screen offender and punishment thereof.
Clause 237 of the Bill seeks to provide for intentional omission to give information of
offence by person bound to inform and punishment thereof.
Clause 238 of the Bill seeks to provide for giving false information respecting an
offence committed and punishment thereof.
Clause 239 of the Bill seeks to provide for destruction of document to prevent its
production as evidence and punishment thereof.
Clause 240 of the Bill seeks to provide for false personation for purpose of act or
proceeding in suit or prosecution and punishment thereof.
Clause 241 of the Bill seeks to provide for fraudulent removal or concealment of
property to prevent its seizure as forfeited or in execution and punishment thereof.
Clause 242 of the Bill seeks to provide for fraudulent claim to property to prevent its
seizure as forfeited or in execution and punishment thereof.
Clause 243 of the Bill seeks to provide for fraudulently suffering decree for sum not
due and punishment thereof.
Clause 244 of the Bill seeks to provide for dishonestly making false claim in Court and
punishment thereof.
Clause 245 of the Bill seeks to provide for fraudulently obtaining decree for sum not
due and punishment thereof.
Clause 246 of the Bill seeks to provide for false charge of offence made with intent to
injure and punishment thereof.
Clause 247 of the Bill seeks to provide for harbouring offender and punishment thereof.
Clause 248 of the Bill seeks to provide for taking gift, etc., to screen an offender from
punishment and punishment thereof.
Clause 249 of the Bill seeks to provide for offering gift or restoration of property in
consideration of screening offender and punishment thereof.
Clause 250 of the Bill seeks to provide for taking gift to help to recover stolen property,
etc., and punishment thereof.
Clause 251 of the Bill seeks to provide for harbouring offender who has escaped from
custody or whose apprehension has been ordered and punishment thereof.
Clause 252 of the Bill seeks to provide for penalty for harbouring robbers or dacoits
and punishment thereof.
Clause 253 of the Bill seeks to provide for public servant disobeying direction of law
with intent to save person from punishment or property from forfeiture and punishmentthereof.
Clause 254 of the Bill seeks to provide for public servant framing incorrect record or
writing with intent to save person from punishment or property from forfeiture and punishmentthereof.
Clause 255 of the Bill seeks to provide for public servant in judicial proceeding corruptly
making report, etc., contrary to law and punishment thereof.
Clause 256 of the Bill seeks to provide for commitment for trial or confinement by
person having authority who knows that he is acting contrary to law and punishment thereof.
Clause 257 of the Bill seeks to provide for intentional omission to apprehend on the
part of public servant bound to apprehend and punishment thereof.
Clause 258 of the Bill seeks to provide for intentional omission to apprehend on the
part of public servant bound to apprehend person under sentence or lawfully committed andpunishment thereof.
Clause 259 of the Bill seeks to provide for escape from confinement or custody
negligently suffered by public servant and punishment thereof.
Clause 260 of the Bill seeks to provide for resistance or obstruction by a person to his
lawful apprehension and punishment thereof.
Clause 261 of the Bill seeks to provide for resistance or obstruction to lawful
apprehension of another person and punishment thereof.
Clause 262 of the Bill seeks to provide for omission to apprehend, or sufferance of
escape, on part of public servant, in cases not otherwise, provided for and punishmentthereof.
Clause 263 of the Bill seeks to provide for resistance or obstruction to lawful
apprehension or escape or rescue in cases not otherwise provided for and punishmentthereof.
Clause 264 of the Bill seeks to provide for violation of condition of remission of
punishment and punishment thereof.
Clause 265 of the Bill seeks to provide for intentional insult or interruption to public
servant sitting in judicial proceeding and punishment thereof.
Clause 266 of the Bill seeks to provide for personation of an assessor and punishment
thereof.
Clause 267 of the Bill seeks to provide for failure by person released on bail or bond to
appear in court and punishment thereof.
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Clause 268 of the Bill seeks to provide for public nuisance.
Clause 269 of the Bill seeks to provide for negligent act likely to spread infection of
disease dangerous to life and punishment thereof.
Clause 270 of the Bill seeks to provide for malignant act likely to spread infection of
disease dangerous to life and punishment thereof.
Clause 271 of the Bill seeks to provide for disobedience to quarantine rule and
punishment thereof.
Clause 272 of the Bill seeks to provide for adulteration of food or drink intended for
sale and punishment thereof.
Clause 273 of the Bill seeks to provide for sale of noxious food or drink and punishment
thereof.
Clause 274 of the Bill seeks to provide for adulteration of drugs and punishment
thereof.
Clause 275 of the Bill seeks to provide for sale of adulterated drugs and punishment
thereof.
Clause 276 of the Bill seeks to provide for sale of drug as a different drug or preparation
and punishment thereof.
Clause 277 of the Bill seeks to provide for fouling water of public spring or reservoir
and punishment thereof.
Clause 278 of the Bill seeks to provide for making atmosphere noxious to health and
punishment thereof.
Clause 279 of the Bill seeks to provide for rash driving or riding on a public way and
punishment thereof.
Clause 280 of the Bill seeks to provide for rash navigation of vessel and punishment
thereof.
Clause 281 of the Bill seeks to provide for exhibition of false light, mark or buoy and
punishment thereof.
Clause 282 of the Bill seeks to provide for conveying person by water for hire in unsafe
or overloaded vessel and punishment thereof.
Clause 283 of the Bill seeks to provide for danger or obstruction in public way or line
of navigation and punishment thereof.
Clause 284 of the Bill seeks to provide for negligent conduct with respect to poisonous
substance and punishment thereof.
Clause 285 of the Bill seeks to provide for negligent conduct with respect to fire or
combustible matter and punishment thereof.
Clause 286 of the Bill seeks to provide for negligent conduct with respect to explosive
substance and punishment thereof.
Clause 287 of the Bill seeks to provide for negligent conduct with respect to machinery
and punishment thereof.
Clause 288 of the Bill seeks to provide for negligent conduct with respect to pulling
down, repairing or constructing buildings, etc., and punishment thereof.
Clause 289 of the Bill seeks to provide for negligent conduct with respect to animal
and punishment thereof.
Clause 290 of the Bill seeks to provide punishment for public nuisance in cases not
otherwise provided for.
Clause 291 of the Bill seeks to provide for continuance of nuisance after injunction to
discontinue and punishment thereof.
Clause 292 of the Bill seeks to provide for sale, etc., of obscene books, etc., and
punishment thereof.
Clause 293 of the Bill seeks to provide for sale, etc., of obscene objects to child and
punishment thereof.
Clause 294 of the Bill seeks to provide for obscene acts and songs and punishment
thereof.
Clause 295 of the Bill seeks to provide for keeping lottery office and punishment
thereof.
Clause 296 of the Bill seeks to provide for injuring or defiling place of worship, with
intent to insult the religion of any class and punishment thereof.
Clause 297 of the Bill seeks to provide for deliberate and malicious acts, intended to
outrage religious feelings of any class by insulting its religion or religious beliefs andpunishment thereof.
Clause 298 of the Bill seeks to provide for disturbing religious assembly and punishment
thereof.
Clause 299 of the Bill seeks to provide for trespassing on burial places, etc., and
punishment thereof.
Clause 300 of the Bill seeks to provide for uttering words, etc., with deliberate intent to
wound religious feelings and punishment thereof.
Clause 301 of the Bill seeks to define the offence theft and punishment thereof.
Clause 302 of the Bill seeks to define the offence snatching and punishment thereof.
Clause 303 of the Bill seeks to provide for theft in a dwelling house, or means of
transportation or place of worship, etc., and punishment thereof.
Clause 304 of the Bill seeks to provide for theft by clerk or servant of property in
possession of master and punishment thereof.
Clause 305 of the Bill seeks to provide for theft after preparation made for causing
death, hurt or restraint in order to the committing of theft and punishment thereof.
Clause 306 of the Bill seeks to define the offence extortion and punishment thereof.
Clause 307 of the Bill seeks to define the offence robbery and punishment thereof.
Clause 308 of the Bill seeks to define the offence dacoity and punishment thereof.
Clause 309 of the Bill seeks to provide for robbery, or dacoity, with attempt to cause
death or grievous hurt and punishment thereof.
Clause 310 of the Bill seeks to provide for attempt to commit robbery or dacoity when
armed with deadly weapon and punishment thereof.
Clause 311 of the Bill seeks to provide for punishment for belonging to gang of
robbers, dacoits, etc.
Clause 312 of the Bill seeks to provide for dishonest misappropriation of property and
punishment thereof.
Clause 313 of the Bill seeks to provide for dishonest misappropriation of property
possessed by deceased person at the time of his death and punishment thereof.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127
Clause 314 of the Bill seeks to provide for criminal breach of trust under various
circumstances and punishment thereof.
Clause 315 of the Bill seeks to define stolen property and punishment thereof if
received under various circumstances.
Clause 316 of the Bill seeks to define cheating and punishment thereof.
Clause 317 of the Bill seeks to define cheating by personation and punishment thereof.
Clause 318 of the Bill seeks to provide for dishonest or fraudulent removal or
concealment of property to prevent distribution among creditors and punishment thereof.
Clause 319 of the Bill seeks to provide for dishonestly or fraudulently preventing debt
being available for creditors and punishment thereof.
Clause 320 of the Bill seeks to provide for dishonest or fraudulent execution of deed of
transfer containing false statement of consideration and punishment thereof.
Clause 321 of the Bill seeks to provide for dishonest or fraudulent removal or
concealment of property and punishment thereof.
Clause 322 of the Bill seeks to define mischief and punishment thereof.
Clause 323 of the Bill seeks to provide for mischief by killing or maiming animal and
punishment thereof.
Clause 324 of the Bill seeks to provide for mischief by injury, inundation, fire or
explosive substance, etc., and punishment thereof.
Clause 325 of the Bill seeks to provide for mischief with intent to destroy or make
unsafe a rail, aircraft, decked vessel or one of twenty tons burden and punishment thereof.
Clause 326 of the Bill seeks to provide for punishment for intentionally running vessel
aground or ashore with intent to commit theft, etc. and punishment thereof.
Clause 327 of the Bill seeks to provide for criminal trespass and house-trespass and
punishment thereof.
Clause 328 of the Bill seeks to provide for house-trespass and house-breaking.
Clause 329 of the Bill seeks to provide for punishment for house-trespass or house
breaking and punishment thereof.
Clause 330 of the Bill seeks to provide for house-trespass in order to commit offence
and punishment thereof.
Clause 331 of the Bill seeks to provide for house-trespass after preparation for hurt,
assault or wrongful restraint and punishment thereof.
Clause 332 of the Bill seeks to define dishonestly breaking open receptacle containing
property.
Clause 333 of the Bill seeks to define making a false document.
Clause 334 of the Bill seeks to provide for forgery and punishment thereof.
Clause 335 of the Bill seeks to provide for forgery of record of Court or of public
register, etc. and punishment thereof.
Clause 336 of the Bill seeks to provide for forgery of valuable security, will, etc., and
punishment thereof.
Clause 337 of the Bill seeks to provide for having possession of document specified in
section 335 or 336, knowing it to be forged and intending to use it as genuine and punishmentthereof.
Clause 338 of the Bill seeks to provide for forged document or electronic record and
using it as genuine and punishment thereof.
Clause 339 of the Bill seeks to provide for making or possessing counterfeit seal, etc.,
with intent to commit forgery punishable under section 336 and punishment thereof.
Clause 340 of the Bill seeks to provide for counterfeiting device or mark used for
authenticating documents described in section 336, or possessing counterfeit marked materialand punishment thereof.
Clause 341 of the Bill seeks to provide for fraudulent cancellation, destruction, etc., of
will, authority to adopt, or valuable security and punishment thereof.
Clause 342 of the Bill seeks to provide for falsification of accounts and punishment
thereof.
Clause 343 of the Bill seeks to provide for property mark and punishment thereof.
Clause 344 of the Bill seeks to provide for tampering with property mark with intent to
cause injury and punishment thereof.
Clause 345 of the Bill seeks to provide for counterfeiting a property mark and punishment
thereof.
Clause 346 of the Bill seeks to provide for making or possession of any instrument for
counterfeiting a property mark and punishment thereof.
Clause 347 of the Bill seeks to provide for selling goods marked with a counterfeit
property mark and punishment thereof.
Clause 348 of the Bill seeks to provide for making a false mark upon any receptacle
containing goods and punishment thereof.
Clause 349 of the Bill seeks to provide for criminal intimidation and punishment thereof.
Clause 350 of the Bill seeks to provide for intentional insult with intent to provoke
breach of peace and punishment thereof.
Clause 351 of the Bill seeks to provide for statements conducing to public mischief
and punishment thereof.
Clause 352 of the Bill seeks to provide for act caused by inducing person to believe
that he will be rendered an object of the divine displeasure and punishment thereof.
Clause 353 of the Bill seeks to provide for misconduct in public by a drunken person
and punishment thereof.
Clause 354 of the Bill seeks to define defamation and punishment thereof.
Clause 355 of the Bill seeks to provide for breach of contract to attend on and supply
wants of helpless person and punishment thereof.
Clause 356 of the Bill seeks to provide for repeal and savings of the Indian Penal
Code, 1860.
————
FINANCIAL MEMORANDUM
The Bharatiya Nyaya Sanhita, 2023, if enacted, is not likely to involve any expenditure,
either recurring or non-recurring, from and out of the Consolidated Fund of India.
————
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129
BILL NO. 122 OF 2023
A Bill 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 inthe notification.Short title,extent andcommencement.
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 referredto 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,search and seizure or evidence, transmission of electronic communication and forsuch other purposes and by such other means as the State Government may, by rulesprovide;";
(b) "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;
(c) "charge" includes any head of charge when the charge contains more heads
than one;
(d) "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;
(e) "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;
(f) "electronic communication" means the communication of any written, verbal,
pictorial information or video content transmitted (whether from one person to another,from one device to another or from a person to a device or from a device to a person)by means of an electronic device including but not limited to—a telephone, a mobileor cellular phone, or other wireless telecommunication device, or a computer, oraudio-video players and cameras or any other electronic device or electronic form asmay be specified by notification, by the Central Government.
(g) "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;
(h) "India" means the territories to which this Sanhita extends;
(i) "inquiry" means every inquiry, other than a trial, conducted under this Sanhita
by a Magistrate or Court;
(j) "investigation" includes all the proceedings under this Sanhita for the
collection of evidence conducted by a police officer or by any person (other than aMagistrate) 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131
(k) "judicial proceeding" includes any proceeding in the course of which
evidence is or may be legally taken on oath;
(l) "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 underthis Sanhita and such local area may comprise the whole of the State, or any part of
the State, as the State Government may, by notification, specify;
(m) "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;
(n) "notification" means a notification published in the Official Gazette;
(o) "offence" means any act or omission made punishable by any law for the
time being in force and includes any act in respect of which a complaint may be made
under section 20 of the Cattle Trespass Act, 1871;
(p) "officer in charge of a police station" includes, when the officer in charge of
the police station is absent from the station-house or unable from illness or other
cause to perform his duties, the police officer present at the station-house who is 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;
(q) "place" includes a house, building, tent, vehicle and vessel;
(r) "pleader", when used with reference to any proceeding in any Court, means
an advocate or a person authorised by or under any law for the time being in force, to
practise in such Court, and includes any other person appointed with the permissionof the Court to act in such proceeding;
(s) "police report" means a report forwarded by a police officer to a Magistrate
under sub-section ( 1) of section 176;
(t) "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 by
the State Government in this behalf;
(u) "Public Prosecutor" means any person appointed under section 18, and
includes any person acting under the directions of a Public Prosecutor;
(v) "sub-division" means a sub-division of a district;
(w) "summons-case" means a case relating to an offence, and not being a
warrant-case;
(x) "victim" means a person who has suffered any loss or injury caused by
reason of the act or omission for which the accused person has been charged and
includes the guardian or legal heir of such victim;
(y) "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 Bharatiya
Nyaya Sanhita, 2023 and Information Technology Act, 2000 have the meanings respectivelyassigned to them in that Act and Sanhita;
3. (1) Unless the context otherwise requires, any reference in any existing law, to a
Magistrate, 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 JudicialMagistrate of the second class, as the case may be, exercising jurisdiction in such area.
Construction
of references.1 of 1871.
2 of 2000.
(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 incustody 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 hereinaftercontained.
(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 Sanhitaand other laws.
Saving.
Classes of
CriminalCourts.
Territorial
divisions.
Court of
Session.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133
(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 forthe 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.
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 anyof 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 135
(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 thepowers 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, however,to the general 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 contained 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).Special
ExecutiveMagistrates.
Local
Jurisdiction ofExecutiveMagistrates.
Subordination
of ExecutiveMagistrates.
Public
Prosecutors.
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, andwhich 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 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 lessthan 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 a pleader, 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 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 think fit; and
(b) 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 aSessions 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 137
(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 Prosecutionshall 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 as the case may be,
sub-section ( 8), of section 18 to conduct cases in District Courts and every Assistant
Public Prosecutor appointed under sub-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 and the Deputy
Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecutionhave been appointed shall 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 63, section 64, section 68, section 70 or
section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable bya 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.
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 confirmationby 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 Judicial Magistrate of the first class may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousandrupees, or of both.
(3) The Court of Judicial Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not exceeding ten thousandrupees, or of both.
24. (1) The Court of a Judicial 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 Judicial 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 himfor 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 fourteen 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 theiroffices 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 in
cases ofconviction ofseveraloffences atone trial.
Mode of
conferringpowers.
Powers of
officersappointed.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 139
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 isdirected 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 145 to 152 and section 156;
(ii) sections 187 and 189;
(iii) sections 272 to 278;
(iv) sections 101, 102 and 103;
(v) section 138;
(vi) section 305;
(vii) sections 307 to 311;
(viii) section 314;Withdrawal of
powers.
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.
(ix) sections 322 to 326;
(x) section 330;
(xi) section 329; and
(xii) sections 176 to 180,
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 thug, robber, escaped convict
or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any
non-bailable offence or any offence punishable under section 187 and section 189 ofBharatiya 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,176, 177 and 179 (both inclusive), 101, 103, 305, 307 to 311 (both inclusive), 330, 176,177, 178 and 179;
(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 doesnot 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 for imprisonment of life or with deathunder 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 the affairsof a village tomake certainreport.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 141
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;
(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 cognizableoffence 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;
(c) against whom credible information has been received that he has committed
a cognizable offence punishable with imprisonment for a term which may extend tomore than seven years whether with or without fine or with death sentence and thepolice officer has reason to believe on the basis of that information that such personhas committed the said offence;
(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 policemay arrestwithoutwarrant.
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 beenreceived 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 the officer not below the rank
of Deputy Superintendent of Police in case of an offence which is punishable for less thanthree 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 formaintaining 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143
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 suchofficer 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 his executing a bond, with or without sureties, to appear before a JudicialMagistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a
surety or sureties resident in India.
(3) Should If the true name and residence of such person not be ascertained within
twenty-four hours from the time of arrest or if he fails to execute the bond, or, if so required,to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistratehaving 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 of fender, 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
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 sections 39 to 41 (both inclusive), no
member of the Armed Forces of the Union shall be arrested for anything done or purportedto be done by him in the discharge of his official duties except after obtaining the consentof 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 ofthe Armed
Forces fromarrest.
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 submissionto 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 be presumedand, unless the circumstances otherwise require or unless the police officer is a female, thepolice officer shall not touch the person of the woman for making her arrest, and give theinformation regarding such arrest and place where she is being held to any of her relatives,friends or such other persons as may be disclosed or mentioned by her for the purpose ofgiving such information.
(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 effecting the arrest of a person who is a habitual, repeat offender whoescaped from custody, who has committed offence of organised crime, offence of terroristact, drug related crime, or offence of illegal possession of arms and ammunition, murder,rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexualoffences against children, offences against the State, including acts endangeringsovereignty, unity and integrity of India or economic offences.
(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 Judicial Magistrate ofthe first class within whose local jurisdiction the offence is committed or the arrest is to bemade.
44. (1) If any person acting under 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 persons 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 place
entered byperson soughtto be arrested.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145
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 othergrounds 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 ormentioned 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 police
officer 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 aboutthe arrest, etc.,to relative orfriend.
Search of
arrestedperson.
Power to seize
offensiveweapons.
Examination
of accused bymedicalpractitioner atthe request ofpolice officer.
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 in 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 examinationof 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 kilometersfrom 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 good
faith 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
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 delay, forward the report to the
investigating officer, who shall forward it to the Magistrate referred to in section 193 as partof 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147
Provided 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 femalemedical officer is not available, by a female registered medical practitioner:
Provided further that if the registered medical practitioner is of the opinion that one
more examination of such person is necessary, she may do so.
(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 or
marks 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, asthe 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 of
investigation 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 toidentification 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 JudicialMagistrate who shall take appropriate steps to ensure that such person identifies theperson arrested using methods that person is comfortable with and the identification processshall be recorded 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 a
warrant (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 Judicial Magistrate having jurisdiction in the case, or before the officer incharge 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 been
admitted to bail or otherwise.Identificationof 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.
60.No person who has been arrested by a police officer shall be discharged except
on his own bond, or on bail, 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 inIndia.
(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.
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 otherpublic 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 State Governmentmay, 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 or a society registered under theSocieties 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.
21 of 1860.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149
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 adultmember 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
shall be considered as duly served and a copy of such electronic summons shall be attestedand 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 had 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 bypost.
Form of warrant
of arrest andduration.
(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 bond with sufficientsureties 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 to
direct 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 151
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 itsjurisdiction, 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 kilometersof 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 to the satisfaction of such Magistrate, District Superintendent or Commissioner, or adirection has been endorsed under section 73 on the warrant and such person is ready andwilling to give the security required by such direction, the Magistrate, District Superintendentor Commissioner shall take such bail 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 493), 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.
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 concealinghimself 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, orimprisonment 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; orProclamation
for personabsconding.
Attachment
of property ofpersonabsconding.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 153
(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 case
the 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 requestingassistance 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.
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 officermay require such person to execute a bond, with or without sureties, for his appearance insuch Court, or any other Court to which the case may be transferred for trial.
92. When any person who is bound by any bond taken under this Sanhita to appear
before a Court, does not appear, the officer presiding in such Court may issue a warrantdirecting 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 lieuof, or inaddition to,summons.
Power to take
bond forappearance.
Arrest on
breach of bondforappearance.
Provisions of
this Chaptergenerallyapplicable tosummonesesand warrantsof arrest.
Summons to
producedocument orother thing.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 155
by or before such Court or officer, such Court or officer may, by a written order, either in
physical form or in electronic form, require the person in whose possession or power suchdocument or thing is believed to be, to attend and produce it, or to produce it, at the timeand 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 Courtwanted 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) (a) Where 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 required bysuch summons or requisition; or
(b) where such document or thing is not known to the Court to be in the possession
of any person; or
(c) where 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 asearch-warrant; and the person to whom such warrant is directed, may search or inspect inaccordance 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 or telegraph 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 as
to letters andtelegrams.13 of 1891.
When search-
warrant maybe issued.
Search of
placesuspected tocontain stolenproperty,forgeddocuments,etc.
(c) to take possession of any property or article therein found which he
reasonably suspects to be stolen property or objectionable article to which thissection 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 undersection 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 292 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 publication
of which is punishable under section 150 or section 194 or section 195 or section 292 orsection 293 or section 297 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 meaning 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 twomonths 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.
52 of 1962.
25 of 1867.
Application to
High Court toset asidedeclaration offorfeiture.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 157
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 under the age of eighteen years for any unlawful purpose, aDistrict Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make anorder for the immediate restoration of such woman to her liberty, or of such female child toher husband, parent, guardian or other person having the lawful charge of such child, andmay compel compliance with such order, using such force as may be necessary.
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.
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 220 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.
C.—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 cellphone 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 505 and 506 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 Judicial Magistrate exercisingDisposal ofthings foundin searchbeyondjurisdiction.
Recording of
search andseizurethrough audio-videoelectronicmeans.
Power of
police officerto seizecertainproperty.
Attachment,
forfeiture orrestoration ofproperty.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 159
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 Judicial Magistrate has reasons to believe, whether before or
after taking evidence, that all or any of such properties are proceeds of crime, the Court orthe Magistrate may issue a notice upon such person calling upon him to show cause withina period 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 Judicial 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 Judicial Magistrate within a period of fourteen daysspecified in the show-cause notice, the Court or the Judicial Magistrate may proceed topass the ex-parte order.
(5) Notwithstanding anything contained in sub-section ( 2), if the Court or the Judicial
Magistrate is of the opinion that issuance of notice under the said sub-section woulddefeat the object of attachment or seizure, the Court or Judicial Magistrate may by aninterim order passed 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 Judicial Magistrate finds the attached or seized properties to be
the proceeds of crime, the Court or the Judicial 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.
Explanation .—For the purposes of this section, the word ‘‘property’’ and the
expression ‘‘proceeds of crime’’ shall have the meaning assigned to them in clause ( d) of
section 111.
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.
(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 searchshall 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 161
(c) "proceeds of crime" means any property derived or obtained directly or
indirectly, by any person as a result of criminal activity (including crime involvingcurrency 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 thatevidence 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 thisChapter.
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.
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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 163
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 performthe 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 judegment, 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 forthwith register the Central Government 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.
(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 offorfeiture under section 120 and thereupon such property shall stand released.
122. Where after the making of an order under 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 istransferred by any mode whatsoever such transfers shall, for the purposes of theproceedings under this Chapter, be ignored and if such property is subsequently forfeitedto the Central Government under section 120, then, the transfer of such property shall bedeemed 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 transmitted to a contractingState 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 CentralGovernment 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 reciprocalarrangements have been made, shall be subject to such conditions, exceptions orqualifications as are specified in the said notification.
CHAPTER IX
S
ECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHA VIOUR
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 thepeace, the Court may, at the time of passing sentence on such person, order him to executea bond, with or without sureties, for keeping the peace for such period, not exceeding threeyears, as it thinks fit.
(2) The offences referred to in sub-section ( 1) are—
(a) any offence punishable under Chapter VIII of the Bharatiya Nyaya
Sanhita, 2023, other than an offence punishable under section 191 or section 194 orsection 195 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 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 tranquility or to do any wrongful actthat may probably occasion a breach of the peace or disturb the public tranquility 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 with or without sureties, for keeping the peace for such period, not exceeding oneyear, as the Magistrate 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 benull and void.
Procedure in
respect ofletter ofrequest.
Application of
this Chapter.
Security for
keeping peaceon conviction.
Security for
keeping peacein other cases.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 165
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 tranquility 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 150 or
section 194 or section 195 or section 297 of the Bhartiya 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 Bhartiya 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 intocirculation any obscene matter such as is referred to in section 292 of the BhartiyaNyaya Sanhita, 2023,
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate
may, in the manner hereinafter provided, require such person to show cause why he shouldnot be ordered to execute a bond, with or without sureties, for his good behaviour for suchperiod, not exceeding 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 Periodicals Act, 2023with reference 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, with or without sureties, for his good behaviour for suchperiod, not exceeding 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 XII of the Bhartiya Nyaya Sanhita, 2023, or undersection 176, section 177, section 178 or section 179 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 for
goodbehaviourfrom personsdisseminatingseditiousmatters.
Security for
goodbehaviourfromsuspectedpersons.
Security for
goodbehaviourfrom habitualoffenders.
(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 ofcorruption, or
(g) is so desperate and dangerous 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 bond, with sureties, for his good behaviourfor such period, 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 fitness for payment 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 a pleader.
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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 167
(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 tranquility or thecommission 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, with or without sureties, for keeping the peace or maintaining good behaviouruntil the conclusion of the inquiry, and may detain him in custody until such 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 for maintaining goodbehaviour;
(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 an habitual offender or is
so desperate and dangerous as to render his being at large without security hazardous tothe 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 within the same or separate inquiries as the Magistrate shall thinkjust.
(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 aggrieved party,vacate such direction if he is satisfied that it was not based on any special reason or wasperverse.
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, with or without sureties, the Magistrate shall makean order accordingly:
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 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 minor, 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 inrespect of whom the inquiry is made, should execute a bond, the Magistrate shall make an Order to givesecurity.
Discharge of
personinformedagainst.
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 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 commission orattempt to commit, or the abetment of, any offence punishable with imprisonment, whereverit may be committed, is a breach of the 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 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 bond, he shallmake an order refusing to accept or rejecting, as the case may be, such surety and recordinghis 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 127 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, with or without sureties without
sureties for keeping the peace in pursuance of an order of a Magistrate under section 136,is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committedbreach of the bond, such Magistrate or successor-in-office may, after recording the groundsof such proof, order that the person be arrested and detained in prison until the expiry of theperiod of the bond and such order shall be without prejudice to any other punishment orforfeiture 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 169
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 was orderedto 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 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.
(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 committedor 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 executed by such person and shall order such person to give, for the unexpiredportion of the term of such bond, fresh security of the same description as the originalsecurity.
(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 minor 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 Judicial Magistrate
of the first class may, upon proof of such neglect or refusal, order such person tomake a monthly allowance for the maintenance of his wife or such child, father ormother, at such monthly rate as such Magistrate thinks fit and to pay the same tosuch person as the Magistrate may from time to time direct:
Provided that the Judicial Magistrate may order the father of a minor female child
referred to in clause ( b) to make such allowance, until she attains her majority, if the Judicial
Magistrate is satisfied that the husband of such minor female child, if married, is notpossessed of sufficient means:Security forunexpiredperiod ofbond.
Order for
maintenanceof wives,children andparents.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 171
Provided further that the Judicial Magistrate may, during the pendency of the
proceeding regarding monthly allowance for the maintenance under this sub-section, ordersuch person to make a monthly allowance for the interim maintenance of his wife or suchchild, father or mother, and the expenses of such proceeding which the Judicial Magistrateconsiders reasonable, and to pay the same to such person as the Magistrate may from timeto 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,—
(a) "minor" means a person who, under the provisions of the Indian Majority
Act, 1875 is deemed not to have attained his majority;
(b) "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 Judicial Magistrate shall cancel theorder.
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.
Procedure.9 of 1875.
(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 hispersonal attendance is dispensed with, in the presence of his pleader, and shall be recordedin the manner prescribed for summons-cases:
Provided that if the Judicial Magistrate is satisfied that the person against whom an
order for payment of maintenance is proposed to be made is wilfully avoiding service, orwilfully neglecting to attend the Court, the Magistrate may proceed to hear and determinethe case 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 Judicial 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 Judicial Magistrateshall, if he is satisfied 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 casemay 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 orany 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 Judicial MagistrateAlteration inallowance.
Enforcement
of order ofmaintenance.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 173
in any 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 thecase may be, 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;
(b) no person doing any act in good faith in compliance with a requisition under
section 148 or section 149;Dispersal ofassembly byuse of civilforce.
Use of armed
forces todisperseassembly.
Power of
certain armedforce officersto disperseassembly.
Protection
againstprosecutionfor acts doneunder sections148, 149 and150.
(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:
Provided that no case shall be registered under sub-section ( 1) of section 174 against
any officer or member of the armed forces for any act done by him in obedience of any orderwhich he was bound to obey in the discharge of his official duties, without making apreliminary enquiry into the matter:
Provided further that no officer or member of the armed forces of the Union or any
police officer of a State shall be arrested for anything done or purported to be done by himin obedience of any order which he was bound to obey in the discharge of his officialduties, except after obtaining the consent of the Central Government or the State Government.
(3) In this section and in the preceding sections of this Chapter,—
(a) the expression "armed forces" means the military, 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 commissionedofficer, 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 (ifany) 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 thepublic; 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 thatin 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 configuration 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 orsupport of such building, tent or structure, or the removal or support of such tree, isnecessary; 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 personcausing such obstruction or nuisance, or carrying on such trade or occupation, orkeeping any such goods or merchandise, or owning, possessing or controlling suchConditionalorder forremoval ofnuisance.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 175
building, tent, structure, substance, 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 ormerchandise, or to regulate the keeping thereof in such manner as may bedirected; 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 Magistrate
subordinate 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 or by
electronic communication in such manner as the State Government may, by rules, direct,and a copy thereof shall be stuck up at such place or places as may be fittest for conveyingthe information to such person.
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 behalfin section 221 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 or
notification oforder.
Person to
whom order isaddressed toobey or showcause.
Penalty for
failure tocomply withsection 154.
Procedure
whereexistence ofpublic right isdenied.
fail 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 bepaid.
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 221 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 cost 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 theperson againstwhom order ismade undersection 152appears toshow cause.
Power of
Magistrate todirect localinvestigationandexaminationof an expert.
Power of
Magistrate tofurnish writteninstructions,etc.
Procedure on
order beingmade absoluteandconsequencesofdisobedience.
Injunction
pendinginquiry.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 177
(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 toprevent 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 Bhartiya 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 publictranquility, 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 pleader and showingcause against the order; and if the Magistrate or the State Government, as the case may be,rejects the application wholly or in part, he or it shall record in writing the reasons for sodoing.
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 pleader, on aMagistratemay prohibitrepetition orcontinuanceof publicnuisance.
Power to issue
order in urgentcases ofnuisance orapprehendeddanger.
Procedure
where disputeconcerningland or wateris likely tocause breachof peace.
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; and
in 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 179
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 theparties 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 pleader on a specified date and time and to put in writtenstatements 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, under sub-section ( 1), hear
the parties, receive all such evidence as may be produced by them respectively, considerthe effect of such evidence, take such further evidence, if any, as he thinks necessary and,if possible, decide whether such right exists; and the provisions of section 164 shall, so faras may be, apply in the 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 season or onparticular occasion, 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 they had beencommenced under sub-section ( 1) of section 164.Power to
attach subjectof dispute andto appointreceiver.
Dispute
concerningright of use ofland or water.5 of 1908.
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 deputeany 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 expensesincurred in respect of witnesses and of pleaders' 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 ofany such offence.
170. (1) A police officer knowing of a design to commit any cognizable offence may
arrest, without orders from a Judicial Magistrate and without a warrant, the person so
designing, if it appears to such officer that the commission of the offence cannot be otherwiseprevented.
(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 isrequired 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 Judicial Magistrate or, in petty cases, release him when theoccasion is past.
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 and if given to an officer in charge of a police station,—
(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 reducedto 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 181
and the substance thereof shall be entered in a book to be kept by such officer in such form
as the State Government may prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence
under section 64, section 66, section 67, section 68, section 70, section 73, section 74,section 75, section 76, section 77, section 78 or section 122 of the Bharatiya NyayaSanhita, 2023 is alleged to have been committed or attempted, then such information shallbe recorded, by a woman police officer or any woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 354,
section 67, section 68, sub-section ( 2) of section 69, sub-section ( 1) of section 70,
section 71, section 74, section 75, section 76, section 77 or section 79 of the BharatiyaNyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily orpermanently mentally or physically disabled, then such information shall be recordedby a police officer, at the residence of the person seeking to report such offence or ata convenient place of such person's choice, in the presence of an interpreter or aspecial 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 Judicial
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 he may make an application under sub-section ( 3) of section 175 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 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.
(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 offencesare 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 either himself investigate or require the Deputy Superintendent of Police toinvestigate the offence.
(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 Judicial Magistrate empowered under section 210 may, after considering the
application made under clause ( b) of sub-section ( 4) of section 173 and submission made in
this regard by the police officer, order such an investigation as above-mentioned.
(4) Any Judicial Magistrate empowered under section 210, may upon receiving a
complaint against a public servant arising in course of the discharge of his official duties,take cognizance, 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 undersection 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 andas far as practicable by a woman police officer in the presence of her parents or guardian ornear relatives or social worker of the locality:
Provided also that statement made under this sub-section may also be recorded
through any audio-video electronic means preferably cell 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 183
clause ( b) of the said proviso, the officer shall also forthwith notify to the informant, if any,
in such manner as may be prescribed.
(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, fromsuch date, as may be notified within a period of five years by the State Government in thisregard, cause the forensics expert to visit the crimes scene to collect forensic evidence inthe offence and also cause videography of the process on mobile phone or any otherelectronic device:
Provided that where forensics 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 report under section 176, may direct an investigation,
or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed,to hold a preliminary inquiry into, or otherwise to dispose of, the case in the mannerprovided 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 the police station or at any
other place within the limits of such 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 66, section 67, section 68, section 70, section 71, section 73, section 74,Report howsubmitted.
Power to hold
investigationor preliminaryinquiry.
Police
officer's powerto requireattendance ofwitnesses.
Examination
of witnessesby police.
section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 is
alleged to have been committed or attempted, shall be recorded, by a woman police officeror 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 theBhartiya 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 ( 1) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to
affect the provisions 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 184.
183. (1) Any Judicial Magistrate of the District in which the information about
commission of any offence has been registered, may, whether or not he has jurisdiction inthe case, record any confession or statement made to him in the course of an investigationunder this Chapter or under any other law for the time being in force, or at any time afterwardsbut before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be
recorded in the presence of the advocate of the person accused 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 185
(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 makingthe 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 Judicial Magistrate, best fitted to the circumstances of the case; and theJudicial Magistrate shall have power to administer oath to the person whose statement is sorecorded.
(6) (a) In cases punishable under section 66, section 67, section 68, section 70,
section 71, section 73, section 74, section 75, section 76, section 77, sub-section ( 1) or
sub-section ( 2) of section 74, or section 78 of the Bhartiya Nyaya Sanhita, 2023, the Judicial
Magistrate shall record the statement of the person against whom such offence has beencommitted in the 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
Judicial Magistrate and in her absence by a male Judicial Magistrate in the presence of awoman:
Provided further that in cases relating to the offences punishable with imprisonment
for ten years or more or imprisonment for life or with death, the Judicial Magistrate shallrecord the 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 cell 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 Bhartiya 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 shall
Medicalexaminationof the victimof rape.
be sent to such registered medical practitioner within twenty-four hours from the time of
receiving the information relating to the commission of such offence.
(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 followingparticulars, 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 187
(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 underthis 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 Judicial Magistrate a copy of the entries in the diary hereinafter specified relating tothe case, and shall at the same time forward the accused to such Magistrate.
(2) The Judicial 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 takinginto consideration the status of the accused person as to whether he is not released on bailor his bail has not been cancelled, authorise, from time to time, the detention of the accusedin such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in thewhole, or in parts, at any time during the initial forty days or sixty days out of detentionperiod of sixty days or ninety 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 detentionunnecessary, he may order the accused to be forwarded to a Judicial Magistrate havingsuch 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.
(i) ninety days, where the investigation relates to an offence punishable with
death, imprisonment for life or imprisonment for a term of not less than ten years;
(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 XXXIV 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 medium of electronic video linkage.
(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 medium ofelectronic video linkage, 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 policy custody or in prison under Judicial custody or 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 Judicial Magistrate is not available,transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistratehave been conferred, a copy of the entry in the diary hereinafter specified relating to thecase, and shall, at the same time, forward the accused to such Executive Magistrate, andthereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorisethe detention of the accused person in such custody as he may think fit for a term notexceeding seven days in the aggregate; and, on the expiry of the period of detention soauthorised, the accused person shall be released on bail except where an order for furtherdetention of the accused person has been made by a Magistrate competent to make suchorder; and, where an order for such further detention is made, the period during which theaccused person was detained in custody under the orders made by an Executive Magistrateunder this sub-section, shall be taken into account in computing the period specified insub-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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 189
(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 theorder 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 tojustify the forwarding of the accused to a Magistrate, such officer shall, if such person is incustody, release him on his executing a bond, with or without sureties, as such officer maydirect, to appear, if and when so required, before a Magistrate empowered to take cognizanceof the offence 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 Judicial Magistrate empowered
to take cognizance of the offence upon a police report 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 securityfrom him for his appearance before such Magistrate on a day fixed and for his attendancefrom day 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 Judicial Magistrate and the JudicialMagistrate to whom such report is forwarded shall not refuse to accept the same on theground that the accused is not taken in custody.
(2) When the officer in charge of a police station forwards an accused person to a
Judicial Magistrate or takes security for his appearance before such Magistrate under thissection, he shall send to such Magistrate any weapon or other article which it may benecessary to produce before him, and shall require the complainant (if any) and so many ofthe persons who appear to such officer to be acquainted with the facts and circumstancesof the case as he may think necessary, to execute a bond to appear before the JudicialMagistrate as thereby directed and prosecute or give evidence (as the case may be) in thematter of the charge against 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.
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 requiredto 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, 66, 67, 68, 70, 71 of
the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection ofChildren 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 to a Magistrate empowered to take cognizance of the offence on apolice report, a report in the form as the State Government 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 and, if so, whether with
or without sureties;
(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, 66, 67, 68 or section 70 ofthe Bharatiya Nyaya Sanhita, 2023.Complainant
and witnessesnot to berequired toaccompanypolice officerand not to besubjected torestraint.
Diary of
proceedings ininvestigation.
Report of
police officeron completionofinvestigation.
32 of 2012
.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 191
(ii) The police officer shall, within a period of ninety days, inform the progress of the
investigation by any means including electronic communication to the informant or thevictim.
(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, the Magistrate shall make such order for the discharge ofsuch 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 essentialin 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 Judicial Magistrate for supply to the accused asrequired under 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 ( 7) 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 permitted with the
permission of the Court trying the case and the same shall be completed within a period ofninety days which may extend 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.
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, forward
the 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,unless such person is willing to attend and answer at the police station or at any other placewithin the limits of such police station.
(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 Judicial 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 to
summonpersons.
Inquiry by
Magistrateinto cause ofdeath.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 193
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 Judicial Magistrate within whose localjurisdiction the 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 Judicial 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 CivilSurgeon or other qualified medical person appointed in this behalf by the State Government,unless it is 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.
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 81 of the Bhartiya Nyaya Sanhita, 2023 may
be inquired into or tried by a Court within whose local jurisdiction the offence was committedor the offender last resided with his or her spouse by the first marriage, or the wife by thefirst 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 any
of the offences.
205. Notwithstanding anything contained in the preceding provisions of this Chapter,
the State Government may direct that any cases 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.Offences
committed 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 195
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 oroutside 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 some 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 with or without sureties 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
may, 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 beforea 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 orexhibits relate.
CHAPTER XV
C
ONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
210. (1) Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Judicial 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 (recorded in any mode including digital 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 byMagistrates.
(3) Any Magistrate empowered under this section, shall upon receiving a complaint
against a public servant arising in course of the discharge of his official duties, takecognizance, subject to—
(a) receiving a report containing facts and circumstances of the incident from
the officer superior to such public servant; and
(b) after consideration of the assertions made by the public servant as to the
situation that led to the incident so alleged.
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 theaccused or any of the accused, if there be more than one, objects to further proceedingsbefore 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 Judicial 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 forinquiry or trial to such other competent Judicial Magistrate as the Chief Judicial Magistratemay, by general or special order, specify, and thereupon such Magistrate may hold theinquiry 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 Courtof 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 204 to 224 (both inclusive but
excluding section 207) of the Bhartiya 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 isauthorised by the concerned public servant so to do;
(b) (i) of any offence punishable under any of the following sections of the
Bhartiya Nyaya Sanhita, 2023, namely, sections 227 to 231 (both inclusive), 234, 235,240 to 246 (both inclusive) and 265, 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 section 334, or punishable under section 337,
section 340 or section 341 of the said Sanhita, when such offence is alleged to havebeen committed in respect of a document produced or given in evidence in a proceedingin 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 Court
may authorise in writing in this behalf, or of some other Court to which that Court issubordinate.Transfer onapplication ofaccused.
Making over
of cases toMagistrates.
Cognizance of
offences byCourts ofSession.
Additional
Sessions Judgesto try casesmade over tothem.
Prosecution
for contemptof lawfulauthority ofpublicservants, foroffencesagainst publicjustice and foroffencesrelating todocumentsgiven inevidence.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 197
(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 publicservant 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, Provincial or StateAct if declared 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 230 of the Bharatiya Nyaya Sanhita, 2023.
217. (1) No Court shall take cognizance of—
(a) any offence punishable under Chapter VI or under section 194, section 297
or sub-section ( 1) of section 351 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 195 or sub-section ( 2) or
sub-section ( 3) of section 351 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 section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy tocommit an offence punishable with death, imprisonment for life or rigorous imprisonmentfor a term of two years or upwards, unless the State Government or the District Magistratehas consented in writing to the initiation of the proceedings:Procedure forwitnesses incase ofthreatening,etc.
Prosecution
for offencesagainst theState and forcriminalconspiracy tocommit suchoffence.
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 havethe 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 caseit fails to do so, the sanction shall be deemed to have been accorded by such Government:
Provided also no sanction shall be required in case of a public servant accused of any
offence alleged to have been committed under section 197, section 198, section 63,section 66, section 68, section 70, section 73, section 74, section 75, section 76, section 77,section 141, or section 351 of the Bharatiya Nyaya Sanhita, 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 previous
sanction 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 199
219. (1) No Court shall take cognizance of an offence punishable under Chapter V of
the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrievedby the offence:
Provided that—
(a) where such person is under the age of eighteen years, or is having intellectual
disability requiring higher support needs or a person with mental illness, or is fromsickness or infirmity unable to make a complaint, or is a woman who, according to thelocal customs and manners, ought not to be compelled to appear in public, some otherperson 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 81 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'sbrother or sister, or, with the leave of the Court, by any other person related to her byblood, 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 83 of theBharatiya Nyaya Sanhita, 2023:
Provided that in the absence of the husband, some person who had care of the
woman on his behalf at the time when such offence was committed may, with the leave of
the Court, make a complaint on his behalf.
(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 person under the age of eighteen years or ofa person with mental illness by a person who has not been appointed or declared by acompetent authority to be the guardian of the person of the minor or a person with mental
illness, and the Court is satisfied that there is a guardian so appointed or declared, the Court
shall, before granting the application for leave, cause notice to be given to such guardianand 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 statement
to 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 shallbe 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 hisown 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.
(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 84 of the
Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute suchoffence 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 Chapter XIX
of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some personaggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is having
intellectual disability requiring higher support needs or a person with mental illness, or isfrom sickness or infirmity unable to make a complaint, or is a woman who, according to thelocal customs and manners, ought not to be compelled to appear in public, some otherperson may, with the leave of the Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Sanhita, when any offence falling
under Chapter XIX 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 allegedto 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 offenceProsecution of
offences undersection 84 ofBharatiyaNyayaSanhita, 2023.
Cognizance of
offence.
Prosecution
fordefamation.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 201
before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance
of the offence upon such complaint.
CHAPTER XVI
COMPLAINTS TO MAGISTRATES
223. A Magistrate having jurisdiction while taking cognizance of an offence on
complaint shall examine upon oath the complainant and the witnesses present, if any, andthe 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 under this section 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 further that if the Magistrate makes over the case to another Magistrate
under section 212 after examining the complainant and the witnesses, the latter Magistrateneed not re-examine them:
Provided further that in case of a complaint against a public servant, the Magistrate
shall comply with the procedure provided in section 217.
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 policeofficer or by such other person as he thinks fit, for the purpose of deciding whether or notthere 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 hiswitnesses 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 anofficer 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.
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, theMagistrate 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 XVIII
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.
(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:
Provided that summons or warrants may also be issued through electronic means.
(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 paidwithin 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 hispleader.
(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 sections 283, 284 or section 285, the Magistrateshall, 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 pleader before theMagistrate on a specified date, or if he desires to plead guilty to the charge without appearingbefore the Magistrate, to transmit before the specified date, by post or by messenger to theMagistrate, the said plea in writing and the amount of fine specified in the summons or if hedesires to appear by pleader and to plead guilty to the charge through such pleader, toauthorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay thefine through such pleader:
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 Vehicles 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.
59 of 1988.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 203
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 ofproduction 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 193;
(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 anypart in regard to which a request for such exclusion has been made by the police
officer under sub-section ( 6) 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 ( 5) 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 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 beallowed to inspect it either personally or through pleader 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 triable
exclusively 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.
(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 theMagistrate 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 XIX
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 98 and 99 of the Bharatiya Nyaya
Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita;Procedure to
be followedwhen there isa complaintcase andpoliceinvestigationin respect ofsame offence.
Contents of
charge.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 205
and that it did not fall within any of the five exceptions to section 99, or that, if it did fall
within Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 116 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 section 120 of the said
Sanhita, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation,
or using a false property-mark. The charge may state that A committed murder, or
cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false
property-mark, without reference to the definitions, of those crimes contained in the BharatiyaNyaya 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 220 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 he
is charged, the charge shall also contain such particulars of the manner in which the alleged
offence 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 which A 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 offence
is punishable.Particulars as
to time, placeand person.
When manner
of committingoffence mustbe stated.
Words in charge
taken in sense oflaw under whichoffence ispunishable.
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 atany stage of the case as material, unless the accused was in fact misled by such error oromission, and it has occasioned a failure of justice.
Illustrations.
(a) A is charged under section 178 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 ownaccount of the transaction. The Court may infer from this that the omission to set out themanner 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 of
knowing 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 was the 20th January,2023. A was never charged with any murder but one, and had heard the inquiry before theMagistrate, which referred exclusively to the case of Haidar Baksh. The Court may inferfrom these facts that A was not misled, and that the error in the charge was immaterial.
(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. When charged forthe murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnessespresent in his defence were witnesses in the case of Haidar Baksh. The Court may infer fromthis 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 suchalteration or addition has been made, proceed with the trial as if the altered or added chargehad 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 maybe, desires to recall or re-examine such witness for the purpose of vexation or delay orfor defeating the ends of justice;Effect oferrors.
Court may
alter charge.
Recall of
witnesseswhen chargealtered.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 207
(b) also to call any further witness whom the Court may think to be material.
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, theMagistrate 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 causinggrievous 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
section 301 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of thesame kind as an offence punishable under section 303 of the said Sanhita, and that anoffence punishable under any section of the said Sanhita, or of any special or local law, shallbe deemed to be an offence of the same kind as an attempt to commit such offence, whensuch 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 suchoffence.
(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 personaccused 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 12 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, offences
under sections 261 and 119 of the Bharatiya Nyaya Sanhita, 2023.
(b) A commits house-breaking by day with intent to commit adultery, and commits, in
the house so entered, adultery with B's wife. A may be separately charged with, and convictedof, offences under section 330 of the Bharatiya Nyaya Sanhita, 2023.Separatecharges fordistinctoffences.
Offences of
same kindwithin yearmay bechargedtogether.
Trial for more
than oneoffence.
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and
then commits adultery with her. A may be separately charged with, and convicted of, offencesunder section 83 of the Bharatiya Nyaya Sanhita, 2023.
(d) 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 335 of
the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the
possession of each seal under section 339 of the Bharatiya Nyaya Sanhita.
(e) 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 such
charge. A may be separately charged with, and convicted of, two offences under section
246 of the Bharatiya Nyaya Sanhita, 2023.
(f) 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 246 and 228
of the Bharatiya Nyaya Sanhita, 2023.
(g) 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. Amay be separately charged with, and convicted of, offences under sections 189, 115 and 193
of the Bharatiya Nyaya Sanhita, 2023.
(h) 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 section 309 of the Bharatiya Nyaya Sanhita, 2023.
The separate charges referred to in illustrations (a) to ( h), respectively, may be tried
at the same time.
Illustrations to sub-section ( 3)
(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted
of, offences under sections 129 and 113 of the Bharatiya Nyaya Sanhita, 2023.
(j) 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 each
other to conceal the sacks at the bottom of a grain-pit. A and B may be separately chargedwith, and convicted of, offences under section 315 of the Bharatiya Nyaya Sanhita, 2023.
(k) 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,
and convicted of, offences under sections 91 and 103 of the Bharatiya Nyaya Sanhita, 2023.
(l) A dishonestly uses a forged document as genuine evidence, in order to convict B,
a public servant, of an offence under section 199 of the Bharatiya Nyaya Sanhita, 2023. A
may be separately charged with, and convicted of, offences under sections 338 (read withsection 466) and 196 of that Sanhita.
Illustration to sub-section ( 4)
(m) 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 sections 323, 392 and 394 of theBharatiya 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 be
tried at once; or he may be charged in the alternative with having committed some one of thesaid offences.
Where it is
doubtful whatoffence hasbeencommitted.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 209
(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 underthe 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 property, 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, orreceiving 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 convictedof criminal breach of trust or of receiving stolen goods (as the case may be), though he wasnot 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 suchcombination is proved, but the remaining particulars are not proved, he may be convicted ofthe 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 chargedwith 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 thatminor offence have not been satisfied.
Illustrations.
(a) A is charged, under section 314 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 didcommit criminal breach of trust under section 314 of that Sanhita in respect of the property,
but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of
trust under the said section 314.
(b) A is charged, under section 115 of the Bharatiya Nyaya Sanhita, 2023, with causing
grievous hurt. He proves that he acted on grave and sudden provocation. He may beconvicted under section 120 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 misappropriation, and persons accused of receiving or retaining, or assistingin the disposal or concealment of, property possession of which is alleged to haveWhen offence
provedincluded inoffencecharged.
What persons
may bechargedjointly.
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 section 315 of the Bharatiya Nyaya
Sanhita, 2023 or either of those sections in respect of stolen property the possessionof which has been transferred by one offence;
(g) persons accused of any offence under Chapter XII 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 Magistrateor 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 XX
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 committal 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 Magistrate of the firstclass, on such date as he deems fit, and thereupon such Magistrate shall try theoffence in accordance with the procedure for the trial of warrant-cases instituted on apolice 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 ofremainingcharges onconviction onone of severalcharges.
Trial to be
conducted byPublicProsecutor.
Opening case
forprosecution.
Discharge.
Framing of
charge.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 211
(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 throughelectronic means and the accused shall be asked whether he pleads guilty of the offencecharged 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 police officer or 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 pleader shall be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, 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 for specific reasons extend to a period of sixty days.
(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.
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 prosecutionor 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 ( 1) 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 examinedas 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 orany 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, Vice-President orthe 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 notexceeding 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 theHigh Court.
(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 XXI
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 Judicial Magistrate at the commencement of the trial, the JudicialMagistrate shall satisfy himself 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 framing of charges.
(2) If, upon considering the police report and the documents sent with it under
section 293 and making such examination, if any, of the accused as the Magistrate thinksCompliancewith section231.
When accused
shall bedischarged.Procedure in
casesinstitutedunder sub-section ( 1) of
Section 223.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 213
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 dischargethe accused, and record his reasons for so doing.
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 offencetriable 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 evidence of a witness under this sub-section may be recorded
by audio-video electronic means.
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 itwith 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.
(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 for
prosecution.
Evidence for
defence.
Evidence for
prosecution.
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 outwhich, 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 accused
shall bedischarged.
Procedure
where accusedis notdischarged.
Evidence for
defence.
Acquittal or
conviction.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 215
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 lawfullycompounded 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
sections 68 and 69 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 one 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 XXII
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.
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 ofdischarge.
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 a pleader authorisedby the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shallrecord the plea as nearly as possible in the words used by the pleader 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, notwithstanding anythinghereinbefore contained, acquit the accused, unless for some reason he thinks it proper toadjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader 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, againstConviction onplea of guilty.
Conviction on
plea of guiltyin absence ofaccused inpetty cases.
Procedure
when notconvicted.
Acquittal or
conviction.
Non-appearance
or death ofcomplainant.
Withdrawal of
complaint.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 217
all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon
acquit the accused against whom the complaint is so withdrawn.
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 otherJudicial 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 re-call any witness who may havebeen examined.
CHAPTER XXIII
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 section 301, section 303 or section 304 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 section 315 of the
Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceedtwenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under
section 315 of the Bharatiya Nyaya Sanhita, 2023, where the value of suchproperty does not exceed twenty thousand rupees;
(iv) offences under section 330 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 350,
and criminal intimidation, under section 349 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 offencesnot punishable with death or imprisonment for life or imprisonment for a term exceedingthree years.
(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 re-call 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 of
Court toconvertsummons-cases intowarrant-cases.
Power to try
summarily.
1 of 1871.
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 punishableonly 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 ( ii), clause ( iii) or clause ( iv) 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 this
behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be
signed by such Magistrate.
CHAPTER XXIV
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 by
him 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 for
summarytrials.
Record in
summarytrials.
Judgement in
cases triedsummarily.
Language of
record andjudgment.
Application of
Chapter.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 219
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 below the age of fourteen years.
(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 a similar case.
(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 theaccused 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, participate in such meeting
with his pleader, 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 for
mutuallysatisfactorydisposition.
Provided further that if the victim of the case or the accused so desires, he may
participate in such meeting with his pleader 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 signedby 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 extendable,as the case may be, for such offence and where the accused is a first-time offenderand has not been convicted of any offence in the past, it may sentence the accused toone-sixth of the punishment provided or extendable, as the case may be, for suchoffence.
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 226and 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 469 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 of
case.
Judgment of
Court.
Finality of
judgement.
Power of
Court in pleabargaining.
Period of
detentionundergone byaccused to beset off againstsentence ofimprisonment.
Savings.20 of 1958.20 of 1958.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 221
Explanation .—For the purposes of this Chapter, the expression "Public Prosecutor"
has the meaning assigned to it under clause ( t) 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 undersection 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 XXV
A
TTENDANCE 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 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 suchproceeding or for 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, shall have effect in respect of such person or class of 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 to
requireattendance ofprisoners.
Power of State
Governmentor CentralGovernmentto excludecertainpersons fromoperation ofsection 302.2 of 2016.
(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 whichhe is confined or detained; or
(d) is a person to whom an order made by the State Government under
section 303 applies,
the officer in charge of the prison shall abstain from carrying out the Court's order and
shall send 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 XXVI 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 XXVI
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 pleader:
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
165 to 168 (both inclusive), and in all proceedings under section 493 otherwise than in thecourse of 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 be
brought toCourt incustody.
Power to issue
commissionforexaminationof witness inprison.
Language of
Courts.
Evidence to be
taken inpresence ofaccused.
Record in
summons-cases andinquiries.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 223
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 orfrom 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 sections 310 or 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 ofhis pleader, if he appears by pleader, and shall, if necessary, be corrected.Record inwarrant-cases.
Record in trial
before Courtof Session.
Language of
record ofevidence.
Procedure in
regard to suchevidence whencompleted.
(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 pleader and the evidence is given in a language other than the
language of the Court, and not understood by the pleader, it shall be interpreted to suchpleader 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 hispleader.
Remarks
respectingdemeanour ofwitness.
Record of
examinationof accused.
Interpreter to
be bound tointerprettruthfully.
Record in
High Court.
When
attendance ofwitness may bedispensed withand commissionissued.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 225
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 pleader'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, prescribed in this behalf.
321. Upon receipt of the commission, the Chief Judicial Magistrate or Judicial 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 or 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 pleader, 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 310 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 of
commissions.
Parties may
examinewitnesses.
Return of
commission.
Adjournment
of proceeding.
Execution of
foreigncommissions.
(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, bynotification, 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 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 any such 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, as the case may be, bepermitted—
(a) to give any evidence derived from any unpublished official records on
which the report is based; orDeposition ofmedicalwitness.
Identification
report ofMagistrate.
Evidence of
officers of theMint.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 227
(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 tohim 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 prosecutionor 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, be rules,
provide.
(3) Where the genuineness of any document is not disputed, such document may be
read in evidence in inquiry, trial or other proceeding under this Sanhita without proof of thesignature of the person by whom it purports to be signed:
Provided that the Court may, in its discretion, require such signature to by 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 publicservant, 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 formal
proof ofcertaindocuments.
Evidence of
formalcharacter onaffidavit.Affidavit in
proof ofconduct ofpublicservants.
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 tobelieve to be true, and in the latter case, the deponent shall clearly state the grounds of suchbelief.
(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 timebeing 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 copyof 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, suchperson 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, ortrial for, the offence with which he is charged, if the deponent is dead or incapable of givingevidence 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 anywitnesses who can give evidence concerning the offence and any depositions so takenmay 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,
medical officer or investigating officer is purported to be used as evidence in any inquiry,trial or other proceeding under 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, or
officer who is holding that post at the time of such deposition to give deposition on suchdocument or report.Authoritiesbefore whomaffidavits maybe sworn.
Previous
conviction oracquittal howproved.
Evidence of
publicservants,experts, policeofficers incertain cases.Record of
evidence inabsence ofaccused.53 of 1952.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 229
CHAPTER XXVII
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
338. (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 acquittalremains 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 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 aquitted. 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 samefacts.
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.
Appearance
by PublicProsecutors.
(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 thecase 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 thing shall be done in thepresence of the representative or read or stated or explained to the representative, and anyrequirement that the accused shall be examined shall be construed as a requirement that therepresentative 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 to
conductprosecution.
Right of
person againstwhomproceedingsare insitutedto bedefended.
Legal aid to
accused atState expensein certaincases.
Procedure
whencorporation orregisteredsociety is anaccused.21 of 1860.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 231
(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 ofany 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 to
direct tenderof pardon.
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 suchperson 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 215or 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 the
tender 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 66, section 67, section 68 and section 70 of the Bharatiya Nyaya Sanhita, 2023 theinquiry or trial shall be completed within a period of two months from the date of filing of thechargesheet.
(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 to
postpone oradjournproceedings.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 233
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 theother 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 maybe 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 in which it is in his opinion necessaryto view 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 recall and re-examine any person already examined; and theCourt shall summon and examine or recall 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 to
summonmaterialwitness, orexaminepersonpresent.
Power of
Magistrate toorder personto givespecimensignatures orhandwriting.
Expenses of
complainantsand witnesses.
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 summon-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 that 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 Xor under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in suchproceedings:
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 toexamine theaccused.
Oral
arguments andmemorandumof arguments.
Accused
person to becompetentwitness.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 235
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 discloseor 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 execution of two consecutive warrants of arrest within the interval
of atleast 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 givenin 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 for
inquiries andtrial being heldin the absenceof accused incertain cases.
Inquiry trial or
judgment inabsentia ofproclaimedoffender.
(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 electronicmeans 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 of this Sanhita.
357. If the accused, though not a person with mental illness, 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 bythe 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
Uttering words, etc., with 300 The person whose religious
deliberate intent to wound feelings are intended tothe religious feelings of be wounded.any person.
Voluntarily causing hurt. 113(2) The person to whom the hurt
is caused.Procedure
where accuseddoes notunderstandproceedings.
Power to
proceedagainst otherpersonsappearing tobe guilty ofoffence.
Compounding
of offences.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 237
Voluntarily causing hurt 120(1) Ditto.
on provocation.
Voluntarily causing grievous hurt 120(2) The person to whom the hurt
on grave and sudden provocation. is caused.
Wrongfully restraining or 124(2) The person restrained or
confining any person. confined.
Wrongfully confining a person 125(3) The person confined.
for three days or more.
Wrongfully confining a person 125(4) Ditto.
for ten days or more.
Wrongfully confining a person 125(6) The person confined.
in secret.
Assault or use of criminal force. 129, 131 The person assaulted or to
whom criminal force is used.
House-trespassing or house- 329(6) Person in possession of
breaking after sunset or property trespassed upon.
before sunrise.
Theft. 301(2) The owner of the property
stolen.
Dishonest misappropriation 312 The owner of the property
of property. misappropriated.
Criminal breach of trust by a 314(3) The owner of the property in
carrier, wharfinger, etc. respect of which the breach of
trust has been committed.
Dishonestly receiving stolen 315(2) The owner of the property
property knowing it to be stolen. stolen.
Assisting in the concealment or 315(5) Ditto.
disposal of stolen property,knowing it to be stolen.
Cheating. 316(2) The person cheated.
Cheating by personation. 317(2) Ditto.
Fraudulent removal or concealment 318 The creditors who are affected
of property, etc., to prevent thereby.
distribution among creditors.
Fraudulently preventing from 319 Ditto.
being made available for his
creditors a debt or demanddue to the offender.
Fraudulent execution of deed of 320 The person affected thereby.
transfer containing false statementof consideration.
Fraudulent removal or concealment 321 D itto.
of property. 1 2 3
Mischief, when the only loss or 322(2), The person to whom the loss
damage caused is loss or damage 322(4) or damage is caused.
to a private person.
Mischief by killing or maiming animal. 323 The owner of the animal.
Mischief by injury to works of 324(a) The person to whom the loss
irrigation by wrongfully diverting or damage is caused.water when the only loss ordamage caused is loss or damageto private person.
Criminal trespass. 327(3) The person in possession of
the property trespassed upon.
House-trespass. 327(4) Ditto.
House-trespass to commit an 330(c) The person in possession of
offence (other than theft) the house trespassed upon.
punishable with imprisonment.
Using a false trade or property mark. 343(3) The person to whom loss or
injury is caused by such use.
Counterfeiting a property mark 345(1) Ditto.
used by another.
Selling goods marked with a 347 Ditto.
counterfeit property mark.
Breach of contract to attend on and 355 The person with whom the
supply wants of helpless person. offender has contracted.
Enticing or taking away or detaining 83 The husband of the woman
with criminal intent a married woman. and the woman.
Defamation. 354(2) The person defamed.
Printing or engraving matter, 354(3) Ditto.
knowing it to be defamatory.
Sale of printed or engraved 354(4) Ditto.
substance containing defamatorymatter, knowing it to containsuch matter.
Insult intended to provoke a 350 The person insulted.
breach of the peace.
Criminal intimidation. 349(2) The person intimidated.
Inducing person to believe himself 352 The person induced.
an object of divine displeasure.
(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita
specified in the first two columns of the Table next following may, with the permission of theCourt before which any prosecution for such offence is pending, be compounded by the
persons mentioned in the third column of that Table:— 1 2 3
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 239
Table
Offence Section of the Bharatiya Person by whom offence
Nyaya Sanhita applicable may be compounded
1 2 3
Causing miscarriage. 86 The woman to whom
miscarriage is caused.
Voluntarily causing 115(2) The person to whom hurt is
grievous hurt. caused.
Causing hurt by doing an 123(a) Ditto.
act so rashly and negligentlyas to endanger human lifeor the personal safety of others.
Causing grievous hurt by 123(b) Ditto.
doing an act so rashly and
negligently as to endanger
human life or the personalsafety of others.
Assault or criminal force in 133 The person assaulted or to
attempting wrongfully to whom the force was used.confine a person.
Theft, by clerk or servant of 304 The owner of the property
property in possession of master. stolen.
Criminal breach of trust. 314(2) The owner of the property in
respect of which breach oftrust has been committed.
Criminal breach of trust by 314(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 316(3) The person cheated.
interest the offender wasbound, either by law or bylegal contract, to protect.
Cheating and dishonestly 316(4) The person cheated.
inducing delivery of propertyor the making, alteration ordestruction of a valuable security.
Marrying again during the 81( 2) The husband or wife of the
life-time of a husband or wife. person so marrying.
Defamation. 354(2) The person defamed.
Word, gesture or act intended 78 The woman whom it was
to insult the modesty of intended to insult or whose
a woman. privacy was intruded upon.
(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) orwhere the accused is liable under sub-section ( 5) of section 3 or section 188 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 under the age of eighteen years or has intellectual disability requiringhigh support needs or is a person with mental illness, any person competent to contract onhis behalf 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.
Withdrawal
fromprosecution.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 241
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 theChief 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 XII 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 under section 125, he may record theopinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrateto whom he is subordinate.
(2) When more accused person 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 enquiry 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.
Procedure
whenMagistratecannot passsentencesufficientlysevere.
Conviction or
commitmenton evidencepartly recordedby oneMagistrate andpartly byanother.
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 necessaryin 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 66, section 67, section 68, section 70 orsection 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of theProtection of Children from Sexual Offences Act, 2012 shall be conducted in 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 XXVIII
P
ROVISONS AS TO ACCUSED PERSONS WITH MENTAL ILLNESS
367. (1) When a Magistrate holding an inquiry has reason to believe that the person
against whom the inquiry is being held is of person with mental illness and consequentlyincapable of making his defence, the Magistrate shall inquire into the fact of such mentalillness, and shall cause such person to be examined by the civil surgeon of the district orsuch other medical person as the State Government may direct, and thereupon shall examinesuch surgeon or other medical person as a witness, and shall reduce the examination towriting.
(2) If the civil surgeon finds the accused to be a person with mental illness, 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 mental illness:Court to beopen.
Procedure in
case ofaccused beingperson withmental illness.32 of 2012.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 243
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 appealbefore 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) has
mental illness, the Magistrate shall further determine whether the mental illness renders theaccused incapable of entering defence and if the accused is found so incapable, theMagistrate shall record a finding to that effect, and shall examine the record of evidenceproduced by the prosecution and after hearing the advocate of the accused but withoutquestioning 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 withhim 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 mental illness is arrived at, he shall postpone theproceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, isrequired for the treatment of the accused, and order the accused to be dealt with as providedunder section 369.
(5) If the Magistrate is informed that the person referred to in sub-section ( 2) is a
person with mental illness, the Magistrate shall further determine whether the mental illnessrenders 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 the accused in the mannerprovided 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 suffering from mental illness and consequentlyincapable of making his defence, the Magistrate or Court shall, in the first instance, try thefact of such mental illness and incapacity, and if the Magistrate or Court, after consideringsuch medical 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 thecase.
(2) If during trial, the Magistrate or Court of Sessions finds the accused to be a
person with mental illness, he or it shall refer such person to a psychiatrist or clinicalpsychologist for care and treatment, and the psychiatrist or clinical psychologist, as thecase may be, shall report to the Magistrate or Court whether the accused is suffering frommental illness:
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 appealbefore 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 medical college.
(3) If the Magistrate or Court is informed that the person referred to in sub-section ( 2)
is a person with mental illness, the Magistrate or Court shall further determine whether themental illness renders the accused incapable of entering defence and if the accused isfound 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 advocateof the accused but without questioning the accused, if the Magistrate or Court finds that noprima 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 incase of personwith mentalillness triedbefore Court.
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 mental illness is arrived at, he shallpostpone the trial for such period, as in the opinion of the psychiatrist or clinicalpsychologist, 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 mental illness, he or it shallnot 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 mental illness, the Magistrate 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 personon bail:
Provided that the accused is suffering from mental illness which does not mandate
in-patient treatment and a friend or relative undertakes to obtain regular out-patientpsychiatric treatment from the nearest medical facility and to prevent from doing injury tohimself 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 mental illness, the Magistrate or Court, as the case may be,shall keeping in view the nature of the act committed and the extent of mental illness, furtherdetermine 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 providedunder section 367 or section 368, such release may be ordered, if sufficient security isgiven that the accused shall be prevented from doing injury to himself or to any otherperson;
(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 mental illness may be ordered wherein the accused may be providedcare 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 hasceased to be suffering from mental illness, resume the inquiry or trial and require the accusedto 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 thisbehalf, the certificate of such officer that the accused is capable of making his defence shallbe 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 hisdefence, 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 suffering from mentalillness and consequently incapable of making his defence, shall deal with such accused inaccordance with the provisions of section 369.Release ofperson withmental illnesspendinginvestigationor trial.
Resumption of
inquiry ortrial.
Procedure on
accusedappearingbeforeMagistrate orCourt.10 of 2017.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 245
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 believethat the accused committed an act, which, if he had not been having a mental illness, wouldhave been an offence, and that he was, at the time when the act was committed, by reasonof mental illness, incapable of knowing the nature of the act or that it was wrong or contraryto law, the Magistrate shall proceed with the case, and, if the accused ought to be tried bythe 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 mental illness, incapable ofknowing the nature of the act alleged as constituting the offence, or that it was wrong orcontrary to law, the finding shall state specifically whether he committed the act or not.
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 anyof the functions of the Inspector-General of Prisons under section 376 or section 377.
376. If a person with mental illness 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 healthestablishment, the Mental Health Review Board constituted under the Mental HealthcareAct, 2017, shall certify that, in his or their opinion, such person is capable of making hisdefence, he shall be taken before the Magistrate or Court, as the case may be, at such timeas the Magistrate or Court appoints, and the Magistrate or Court shall deal with suchperson under the provisions of section 371; and the certificate of such Inspector-General orvisitors as aforesaid shall be receivable as evidence.
377. (1) If a person with mental illness 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 their judgment, he may be released without danger of his doing injuryto himself or to any other person, the State Government may thereupon order him to bereleased, or to be detained in custody, or to be transferred to a public mental healthestablishment if he has not been already sent to such establishment; and, in case it ordershim to be transferred to public mental health establishment, may appoint a Commission,consisting of a Judicial and two medical officers.When accusedappears tohave been ofsound mind.
Judgment of
acquittal onground ofmental illness.
Person
acquitted onground ofmental illnessto be detainedin safecustody.
Power of State
Governmentto empowerofficer-in-charge todischarge.
Procedure
where prisonerwith mentalillness isreportedcapable ofmaking hisdefence.
Procedure
where personwith mentalillnessdetained isdeclared fit tobe released.10 of 2017.
(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, whichmay 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 mental illness 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 XXIX
P
ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRA TION 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 withmental illnessto care ofrelative orfriend.
Procedure in
casesmentioned insection 215.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 247
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 towhich 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 209, section 211,
section 212, section 213 or section 265 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 or 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 to
order costs.
Procedure of
Magistratetakingcognizance.
Summary
procedure fortrial for givingfalse evidence.
Procedure in
certain casesof contempt.
(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 265 of the Bharatiya Nyaya Sanhita, 2023, the record
shall show the nature and stage of the judicial proceeding in which the Court interrupted orinsulted 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 interest 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 inthis Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarilyappealable.Procedurewhere Courtconsiders thatcase shouldnot be dealtwith undersection 384.
When
Registrar orSub-Registrarto be deemed aCivil Court.
Discharge of
offender onsubmission ofapology.
Imprisonment
or commitalof personrefusing toanswer orproducedocument.
Summary
procedure forpunishmentfor non-attendance bya witness inobedience tosummons.
Appeals from
convictionsunder sections383, 384, 388and 389.16 of 1908.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 249
(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, orreduce 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.
392. (1) The judgment in every trial in any Criminal Court or original jurisdiction shall
be pronounced in open Court by the presiding officer immediately after the termination ofthe 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.
(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 placenotified 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 513.
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 the
reasons 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 of
any offence punishable under any of those sections or Chapters with imprisonment for a
term of three years or upwards by any Court other than that of a Magistrate of the secondclass, such Court may, if it thinks fit, at the 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 fiveyears from the date of the expiration of such sentence.
(2) The provisions of sub-section ( 1) with reference to the offences named therein,
apply also to criminal conspiracies to commit such offences and to the abatement of suchoffences 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 251
(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 bepresented, 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.
Victim
compensation
scheme.
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 67( 4), section 68, section 70( 1)
and section 70( 2) of 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-aid ormedical treatment, free of cost, to the victims of any offence covered under section 122,section 64, section 66, section 67, section 68, section 70, section 71 or section 122 of theBharatiya Nyaya, Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection ofChildren from Sexual Offences Act, 2012, and shall immediately inform the police of suchincident.
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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 253
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 being
had 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, with or without sureties,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 the
powers 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 to
observe 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 untilthe 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 otherlaw for the time being in force for the treatment, training or rehabilitation of youthful offenders.
20 of 1958.
2 of 2016.
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 done
so.
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 Court shall, on an application made in this behalf and on payment ofthe prescribed charges, be given a copy of such judgment or order or of any deposition orother 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.Special
reasons to be
recorded incertain cases.
Court not to
alter
judgment.
Copy of
judgment to be
given to theaccused and
other persons.
Judgment
when to be
translated.
Court of
Session to
send copy offinding and
sentence to
DistrictMagistrate.2 of 2016.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 255
CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMA TION
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 itis 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.
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 morethan 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 66, section 67, section 68, section 70 or section 71 of the Bharatiya NyayaSanhita, 2023, the appeal shall be disposed of within a period of six months from the date offiling 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 bothsuch 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 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 257
(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 PublicProsecutor 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 66, section 67, section 68, section 70 or section 71 of the Bharatiya NyayaSanhita, 2023, the appeal shall be disposed of within a period of six months from the date offiling 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 anyCentral 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 the
StateGovernment
against
sentence.
Appeal in case
of acquittal.
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 contained in this Chapter, when more persons than
one are convicted in one trial, and an appealable judgment or order has been passed inrespect of any of such persons, all or any of the persons convicted at such trial shall havea right of appeal.
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 Additional
Sessions 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 259
(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 presentedunder 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 419 or section 420, 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 insupport 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 or 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 the
Appellate
Court.
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 forthat offence by the Court passing the order or sentence under appeal.
428. The rules contained in Chapter XXVIII 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:
Provided that the Appellate Court shall, before releasing on bail or on his own bond
a convicted person who is convicted of an offence punishable with death or imprisonmentfor life or imprisonment for a term of not less than ten years, shall give opportunity to thePublic 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 for
refusing 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
pending theappeal; release
of appellant
on bail.
Arrest of
accused inappeal from
acquittal.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 261
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 suchevidence 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 XXIV, 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 other 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 nearrelatives 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 isSubordinate or by the Supreme Court, the Court shall state a case setting out its opinionand the reasons therefor, 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.
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 or he thinks fit in any case pending before it or him 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 whichthe 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 bail or on his own 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 263
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, exerciseany 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 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 have appealed.
(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 questionsinvolved, which of the two Courts should finally dispose of the applications for revisionand 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 the
Sessions Judge be transferred to itself and where the High Court decides that it is not
necessary 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 ofrevision; but the Court may, if it thinks fit, when exercising such powers, hear any partyeither personally or by advocate.
445. When the record of any trial held by a Magistrate is called for by the High Court
or Court of Session under section 438, the Magistrate may submit with the record a statementsetting forth the grounds of his decision or order and any facts which he thinks material tothe issue, and that Court shall consider such statement before overruling or setting asidethe said decision or order.
446. 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 towithdraw or
transfer
revision cases.
Option of
Court to hearparties.
Statement by
Magistrate ofgrounds of his
decision to be
considered byHigh Court.
High Court's
order to be
certified to
lower Court.
CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES
447. (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 betransferred 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.
448. (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, with or without sureties, for the payment of any compensation whichthe High Court 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 applications unless at least twenty-fourhours have 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 265
(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 ofjustice, 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 Government under
section 218.
449. (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 448 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 448, 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.
450. (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.
451. (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 213 to any other Magistrate and may inquire into or try such
cases himself.
452. 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 bySession Judge.
Withdrawal of
cases by
JudicialMagistrate.
Making over
or withdrawal
of cases byExecutive
Magistrates.
453. A Sessions Judge or Magistrate making an order under section 450, section 451,
section 452 or section 453 shall record his reasons for making it.
CHAPTER XXXIV
EXECUTION , SUSPENSION , REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences
454. 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 HighCourt thereon, it shall cause such order to be carried into effect by issuing a warrant ortaking such other steps as may be necessary.
455. 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.
456. (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.
457. If a woman sentenced to death is found to be pregnant, the High Court shall
commute the sentence to imprisonment for life.
B.—Imprisonment
458. (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 section410.
Execution of
sentence ofdeath passed
by High Court.
Postponement
of execution
of sentence of
death in caseof appeal to
Supreme
Court.
Postponement
of capital
sentence on
pregnantwoman.
Power to
appoint place
ofimprisonment.
5 of 1908.
5 of 1908.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 267
459. (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 455, the Court passing thesentence 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.
460. 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.
461. When the prisoner is to be confined in a jail, the warrant shall be lodged with the
jailor.
C.-Levy of fine
462. (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 suchimprisonment 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.
463. A warrant issued under clause ( a) of sub-section ( 1) of section 462 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.
464. Notwithstanding anything contained 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 Courtin any territory to which this Sanhita does not extend and the Court passing the sentenceissues a 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 462 byExecution of
sentence of
imprisonment.
Direction of
warrant forexecution.
Warrant with
whom to belodged.
Warrant for
levy of fine.
Effect of such
warrant.
Warrant for
levy of fineissued by a
Court in any
territory towhich this
Sanhita does
not extend.
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.
465. (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 thefirst 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, with or without sureties, as theCourt thinks fit, conditioned for his appearance before the Court on the date or dateson or before which payment of the fine or the installments thereof, as the case may be,is to be made; and if the amount of the fine or of any installment, as the case may be,is not realised on or before the latest date on which it is payable under the order, theCourt may 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 imprisonmentmay 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
466. 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.
467. (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.
468. (1) When a person already undergoing a sentence of imprisonment is sentenced
on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment orimprisonment 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 269
469. 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, ifany, undergone by him during the investigation, inquiry or trial of the same case and beforethe date of such conviction, shall be set off against the term of imprisonment imposed onhim 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 476, such period of detention shall be set
off against the period of fourteen years referred to in that section.
470. (1) Nothing in section 467 or section 468 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 paymentof the fine until the person has undergone the further sentence or sentences.
471. 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 certifyingthe manner in which the sentence has been executed.
472. 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 462 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 462,
after the words and figures "under section 395", the words and figures "or an order forpayment of costs under section 401" had been inserted.
473. (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 thePresident of India under article 72 or the Governor of the State under article 161 of theConstitution within a period of thirty days after the date on which the Superintendent of theJail,—
(i) informs him about the dismissal of the appeal 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,
and that may present the mercy petition to the Home Department of the State Government
or the Central Government, as the case may be.
(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 withina period of sixty days from the date of rejection or disposal of his 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 makes the mercypetition within a period of sixty days and on non-receipt of such petition from the otherconvicts, Superintendent of the Jail shall send the names, addresses, copy of the record ofthe case and all other details of the case to the Central Government or 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.
Saving.
Return of
warrant on
execution ofsentence.
Money
ordered to bepaid
recoverable as
a fine.
Mercy
Petition in
death sentence
cases.
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 andrecords 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 Presidenttogether 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 Departmentof the State Governnment 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 made under
article 72 of the Constitution and it shall be final, and any question as to the arriving of thedecision by the President shall not be enquired into in any Court.
474. (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 suchopinion and also to forward with the statement of such opinion a certified copy of therecord 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 byany 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 theliberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 475, 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 271
(b) in other cases, the Government of the State within which the offender is
sentenced or the said order is passed.
475. 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 ten years, for imprisonment
for a term not less than three years;
(d) a sentence of rigorous imprisonment, for simple imprisonment for any term
to which that person might have been sentenced;
(e) a sentence of imprisonment up to three years, for fine.
476. Notwithstanding anything contained in section 474, where a sentence of
imprisonment for life is imposed on conviction of a person for an offence for which death isone of the punishments provided by law, or where a sentence of death imposed on a personhas been commuted under section 475 into one of imprisonment for life, such person shallnot be released from prison unless he had served at least fourteen years of imprisonment.
477. The powers conferred by sections 474 and 475 upon the State Government may,
in the case of sentences of death, also be exercised by the Central Government.
478. (1) The powers conferred by sections 474 and 475 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 tomatters to which the executive power of the Union extends, and who has been sentenced toseparate terms of imprisonment which are to run concurrently, shall have effect unless an orderfor the suspension, remission or commutation, as the case may be, of such sentences has alsobeen 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
479. In this Sanhita, unless the context otherwise requires,—
(a) "bail" means release of a person accused of an offence from the custody of
law upon certain conditions imposed by an officer or court including execution bysuch person of a bond or a bail bond.Power to
commute
sentence.
Restriction on
powers of
remission orcommutation
in certain
cases.
Concurrent
power of
Central
Governmentin case of
death
sentences.
State
Government
to act afterconcurrence
with Central
Governmentin certain
cases.
Bail and bond.
(b) "bond" means a personal bond or an undertaking for release without payment
of any surety;
(c) "bail bond" means an undertaking for release with payment of surety.
480. (1) When any person other than a person accused of a non-bailable offence is
arrested without warrant by an officer in charge of a police station, or appears or is broughtbefore a Court, and is prepared at any time while in the custody of such officer or at anystage of the proceeding before such Court to give bail, such person shall be released onbail:
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 494.
(2) Notwithstanding anything contained in sub-section ( 1), where a person has failed
to comply with the conditions of the bail bond as regards the time and place of attendance,the Court may refuse to release him on bail, when on a subsequent occasion in the samecase he appears before the Court or is brought in custody and any such refusal shall bewithout prejudice to the powers of the Court to call upon any person bound by such bondto pay the penalty thereof under section 493.
481. (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 bail 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 thepersonal bond:
Provided further 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 contained in sub-section ( 1), where an investigation,
inquiry or trial in more than one offence or in multiple cases are 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.In what cases
bail to betaken.
Maximum
period for
whichundertrial
prisoner can
be detained.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 273
482. (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 for
believing that he has been guilty of an offence punishable with death or imprisonmentfor 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 under the age of eighteen years or is a woman or is sickor 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 specialreason:
Provided also that the mere fact that an accused person may be required for being
identified by witnesses during investigation shall not be sufficient ground for refusing togrant bail if he is otherwise entitled to be released on bail and gives an undertaking that heshall comply with such directions as may be 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.
(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 theaccused has committed a non-bailable offence, but that there are sufficient grounds forfurther inquiry into his guilt, the accused shall, subject to the provisions of section 494 andpending such inquiry, be released on bail, or, at the discretion of such officer or Court, onthe execution by him of a bond without sureties 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 underChapter VI, Chapter XVI or Chapter XVII of the Bharatiya Nagarik Suraksha Sanhita, 2023 orabatement of, or conspiracy or attempt to commit, any such offence, is released on bailunder sub-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 considers
necessary.
(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.When bail
may be taken
in case ofnon-bailable
offence.
(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.
(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 fixedfor taking evidence in the case, such person shall, if he is in custody during the whole of thesaid period, be released on bail to the satisfaction of the Magistrate, unless for reasons tobe 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 arereasonable grounds for believing that the accused is not guilty of any such offence, it shallrelease the accused, if he is in custody, on the execution by him of a bond without suretiesfor his appearance to hear judgment delivered.
483. (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 bond or bail bond, to appear before the higher Court as and when such Court issuesnotice in respect of any appeal or petition filed against the judgment of the respective Courtand 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 493 shall apply.
484. (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 482, 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 timewhile in the custody of such officer to give bail, he shall be released on bail; and if aMagistrate 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 thedirection 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 sub-section ( 2) of section 64 or
section 66 or section 70 of the Bharatiya Nyaya Sanhita, 2023.
485. (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 482, may
impose any condition which it considers necessary for the purposes mentioned inthat sub-section;Bail to requireaccused toappear beforenext AppellateCourt.
Direction for
grant of bailto personapprehendingarrest.
Special powers
of High Courtor Court ofSessionregarding bail.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 275
(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 orwhich, 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 64 or section 70 of theBharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutorwithin a period of fifteen days from the date of receipt of the notice of such application.
(1A) 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 64 or section 66or section 70 of the Bhartiya Nyaya Sanhita, 2023.
(2) 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.
486. (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.
487. (1) Before any person is released on bail or released on his own bond, a bond for
such sum of money as the police officer or Court, as the case may be, thinks sufficient shallbe executed by such person, and, when he is released on bail, 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
shall also contain that condition.
(3) If the case so requires, the 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 thecharge.
(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 causean inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or
fitness.
488. 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.
489. (1) As soon as the bond has been executed, the person for whose appearance it
has been executed shall be released; and, when he is in jail, the court admitting him to bailshall issue an order of release to the officer in charge of the jail, and such officer on receiptof the orders shall release him.
(2) Nothing in this section, section 480 or section 482, shall be deemed to require the
release of any person liable to be detained for some matter other than that in respect ofwhich the bond was executed.Amount of
bond and
reductionthereof.
Bond of
accused andsureties.
Declaration by
sureties.
Discharge
from custody.
490. 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 directingthat 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.
491. (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 as
relates 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.
492. When any person is required by any Court or officer to execute a bond with or
without sureties, such Court or officer may, except in the case of a bond for good behaviour,permit him to deposit a sum of money or Government promissory notes to such amount asthe Court or officer may fix in lieu of executing such bond.
493. (1) Where 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 towhich the case has subsequently been transferred, that the bond has been forfeited,
or where, 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 subsequentlybeen transferred, or of the Court of any Magistrate of the first class, that the bond has beenforfeited,
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 casemay 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 sixmonths.
(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 theconditions of his bond, or of a bond executed in lieu of his bond under section 496, acertified 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 committedby 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 277
494. Without prejudice to the provisions of section 493, where a 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 byone or more of such sureties as the police officer or the Court, as the case may be, thinkssufficient.
495. When any surety to a bond under this Sanhita becomes insolvent or dies, or
when any bond is forfeited under the provisions of section 493, 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 securities in accordance with the directions ofthe original order, and if such security is not furnished, such Court or Magistrate mayproceed as if there had been a default in complying with such original order.
496. When the person required by any Court, or officer to execute a bond is a minor,
such Court or officer may accept, in lieu thereof, a bond executed by a surety or suretiesonly.
497. All orders passed under section 493 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.
498. The High Court or Court of Sessions 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
499. 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, inquiryor 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 Governmentmay, by rules, provide.
(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary,
videograph on mobile phone or any electronic media, of the property referred to insub-section ( 1).Cancellation
of bond and
bail bond.
Procedure in
case of
insolvency ordeath of
surety or when
a bond isforfeited.
Bond required
from minor.
Appeal from
orders under
section 446.
Power to
direct levy of
amount due on
certainrecognizances.
Order for
custody anddisposal of
property
pending trialin certain
cases.
(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.
500. (1) When an investigation, inquiry or trial in any Criminal Court 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 thecommission 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 on
condition 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 505, 506 and 507.
(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.
501. 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 suchmoney a sum not exceeding the price paid by such purchaser be delivered to him within sixmonths from the date of such order.
502. (1) Any person aggrieved by an order made by a Court under section 500 or
section 501, may appeal against it to the Court to which appeals ordinarily lie from 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 in
sub-section ( 1) was made.
503. (1) On a conviction under section 292, section 293, section 354 of the Bhartiya
Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing inrespect 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 fordisposal ofproperty atconclusion oftrial.
Payment to
innocentpurchaser ofmoney foundon accused.
Appeal against
orders undersection 500 orsection 501.
Destruction of
libellous andother matter.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 279
(2) The Court may, in like manner, on a conviction under section 272, section 273,
section 274 or section 275 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drugor medical preparation in respect of which the conviction was had, to be destroyed.
504. (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 502 shall apply in relation thereto as they apply in relation to an order under section 501.
(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.
505. (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 beforea 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 person
is 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.
506. (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 waslegally 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.
507. 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 505 and 506 shall, as nearly as may bepracticable, apply to the net proceeds of such sale.
CHAPTER XXXVII
I
RREGULAR PROCEEDINGS
508. 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.
(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 suchjurisdiction;
(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 451; or
(i) to sell property under section 506 or section 507,
erroneously in good faith does that thing, his proceedings shall not be set aside merely on
the ground of his not being so empowered.
509. 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 or telegraph 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 493,
his proceedings shall be void.
510. 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 in
wrong place.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 281
511. (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 Adiniyam 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.
512. (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 recommended 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 quashthe conviction.
513. (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.
514. 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
515. For the purposes of this Chapter, unless the context otherwise requires, "period
of limitation" means the period specified in section 517 for taking cognizance of an offence.
516. (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 of
omission to
frame, orabsence of, or
error in,
charge.
Finding or
sentence whenreversible by
reason of
error,omission or
irregularity.
Defect or
error not to
make
attachmentunlawful.
Definitions.
Bar to taking
cognizance
after lapse ofperiod of
limitation.
(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 ispunishable 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.
517. (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.
518. (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 instanceor 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.
519. 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 283
520. 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.
521. 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 itis 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
522. When an offence is tried by the High Court otherwise than under section 448, it
shall, in the trial of the offence, observe the same procedure as a Court of Sessions wouldobserve if it were trying the case.
523. (1) The Central Government may make rules consistent with this Sanhita and the
Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relatingto the Armed Forces of the Union, for the time being in force, as to cases in which personssubject to military, 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 military, naval or air-force station, as the case may be, for the purposeof being 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 employedat 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.
524. 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.
525. (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.46 of 1950.
62 of 1957.45 of 1950.
(2) All rules made under this section shall be published in the Official Gazette.
526. 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 referencesin sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed asreferences to a Judicial Magistrate of the first class.
527. 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.
528. 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.
529. 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.
530. 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.
531. Every High Court shall so exercise its superintendence over the Courts of Sessions
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.
532. All trials, inquires and proceedings under this Code, including—
(i) summons and warrant, issuance, service and execution thereof;
(ii) holding of inquiry;
(iii) examination of complainant and witnesses;
(iv) trial before a Court of Session, trial in warrant cases, trial in summons-cases,
summary trials and plea bargaining;
(v) recording of evidence in inquiries and trials;
(vi) trials before High Courts;
(vii) all appellate proceedings and such other proceedings,
may be held in electronic mode, by use of electronic communication or use of audio-video
electronic means.
533. (1) The Code of Criminal Procedure, 1973 is hereby repealed.
(2) Notwithstanding such repeal—Power to alter
functions
allocated toExecutive
Magistrate in
certain cases.
Case in which
Judge or
Magistrate ispersonally
interested.
Practicing
advocate not
to sit as
Magistrate incertain Courts.
Public servant
concerned 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 285
(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 CriminalProcedure, 1973, as in force immediately before such commencement (hereinafterreferred to as the old Code), as if this Sanhita had not come into force:
Provided that every inquiry under Chapter XIV of the Old Code, which is pending
at the commencement of this Sanhita, shall be dealt with and disposed of in accordancewith the provisions of this Sanhita;
(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 OldCode 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 Old Code in pursuance of
which no proceeding was commenced under that Code, shall be deemed to have beenaccorded or given under the corresponding provisions of this Sanhita and proceedingsmay be commenced under this Sanhita in pursuance of such sanction of consent;
(d) the provisions of the Old Code shall continue to apply in relation to every
prosecution against a Ruler within the meaning of article 363 of the Constitution.
(3) Where the period specified for an application or other proceeding under the Old
Code had expired on or before the commencement of this Sanhita, nothing in this Sanhitashall 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.
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: ( 1) In regard to offences under the Bharatiya Nyaya S anhita, 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 th e definition of, and the
punishment prescribed for, the offence in the Bhara tiya Nyaya Sanhita,
but merely as indication of the substance of the se ction.
(2) In this Schedule, ( i) the expression “Magistrate of the first class” an d
“Any Magistrate” but not including Executive Magist rates; ( ii ) the word
“cognizable” stands for “a police officer may arres t without warrant”;
and ( iii ) the word “non-cognizable” stands for “a police of ficer shall not
arrest without warrant”.
I. –OFFENCES UNDER THE BHARATIYA NYAYA SANHITA
Section Offence Punishment Cognizable or non-
cognizable Bailable or Non-
bailable By what
Court triable
1 2 3 4 5 6
49 Punishment of abetment if the act abetted is
committed in consequence and where no express
provision is made for its punishment. Same as for
offence abetted. According as
offence abetted is
cognizable or non-
cognizable. According as
offence abetted
is bailable or
non- bailable. Court by
which
offence
abetted is
triable.
50 Punishment of abetment if person abetted does
act with different intention from that of abettor. Ditto Ditto Ditto Ditto.
51 Liability of abettor when one act abetted and
different act done Same as for
offence intended to
be abetted. Ditto Ditto Ditto.
52 Abettor when liable to cumulative punishment
for act abetted and for act done. Same as for
offence
committed. Ditto Ditto Ditto
53 Liability of abettor for an effect caused by the ac t
abetted different from that intended by the
abettor. Same as for
offence
committed. Ditto Ditto Ditto.
54 Abettor present when offence is committed. Ditto Ditto Ditto Ditto.
55 (1) Abetment of offence punishable with death
or imprisonment for life. Imprisonment for
7 years and fine. Ditto Non-bailable Ditto.
(2) If an act which causes harm be done in
consequence of the abetment. Imprisonment for
14 years and fine. Ditto Ditto Ditto.
56 (1) Abetment of offence punishable with
imprisonment. Imprisonment
extending to a quarter
part of the longest term
provided for the
offence, or fine, or both. Ditto According as
offence abetted
is bailable or
non- bailable. Ditto.
(2) If the abettor or the person abetted be a
public servant whose duty it is to prevent the
offence. one-half of the longest
term provided for that
offence, or with such fine
as is provided for the
offence, or with both. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 287
(1) (2) (3) (4) (5) (6)
57 Abetting commission of offence by the public
or by more than ten persons. imprisonment of either
description for a term which
may extend to seven years
and with fine According as offence
abetted is cognizable
or non-cognizable. According as
offence abetted is
bailable or non-
bailable. Court by
which offence
abetted is
triable.
58 Concealing design to commit offence
punishable with death or imprisonment for
life. (i) if that offence be
committed, be punished
with imprisonment of either
description for a term which
may extend to seven years;
or Ditto non- bailable. Ditto
(ii) if the offence be not
committed, with
imprisonment of either
description, for a term
which may extend to three
years, Ditto bailable Ditto
59 A public servant concealing a design to
commit an offence which it is his duty to
prevent, if the offence be committed. Imprisonment extending to
half of the longest term
provided for the offence, or
fine, or both. Ditto According as
offence abetted is
bailable or non-
bailable. Ditto.
If the offence be punishable with death or
imprisonment for life. Imprisonment for 10 years. Ditto Non-bailable. Ditt o.
If the offence be not committed. Imprisonment extending to
a quarter part of the longest
term provided for the
offence, or fine, or both. Ditto Bailable. Ditto.
60 Concealing a design to commit an offence
punishable with imprisonment, if offence be
committed. Ditto Ditto According as
offence abetted is
bailable or non-
bailable. Ditto.
If the offence be not committed. Imprisonment extending to
one-eighth part of the
longest term provided for
the offence, or fine, or
both. Ditto Bailable. Ditto.
61 Criminal conspiracy to commit
an offence punishable with
death, imprisonment for life or
rigorous imprisonment for a
term of 2 years or upwards. Same as for abetment of the offence
which is the object of the conspiracy. According as the
offence which is
the object of
conspiracy is
cognizable or
non- cognizable. According
as offence
which is
object of
conspiracy
is bailable
or non-
bailable. Court by which
abetment of the
offence which
is the object of
conspiracy is
triable.
Any other criminal conspiracy. Imprisonment for 6 months, or fine, or
both. Non-cognizable. Bailable. Magistrate of
the first
class.
62 Attempting to commit offences
punishable with imprisonment for
life, or imprisonment, and in such
attempt doing any act towards the
commission of the offence. Imprisonment for life, or imprisonment
not exceeding half.of the longest term,
provided for the offence, or fine, or both According as the
offence is
cognizable or non-
cognizable. According as
the offence
attempted by
the offender
is bailable or
not. The court by
which the
offence
attempted is
triable.
64 (1) Rape. Rigorous imprisonment of not less than
10 years but which may extend to
imprisonment for life and with fine. Cognizable Non-
bailable Court of
Session.
(1) (2) (3) (4) (5) (6)
64 (2) Rape by a police officer or a public
servant or member of armed forces
or a person being on the
management or on the staff of a
jail, remand home or other place of
custody or women’s or children’s
institution or by a person on the
management or on the staff of a
hospital, and rape committed by a
person in a position of trust or
authority towards the person
raped or by a near relative of the
person raped. Rigorous imprisonment of not less
than 10 years but which may extend
to imprisonment for life which shall
mean the remainder of that person’s
natural life and with fine. Cognizable Non-
bailable Court of
Session.
65(1) Persons committing offence of
rape on a woman under sixteen
years of age. Rigorous imprisonment for a term
which shall not be less than 20 years
but which may extend to imprisonment
for life, which shall mean
imprisonment for the remainder of that
person’s natural life and
with fine. Cognizable Non-
bailable Court of
Session.
65(2) Punishment for rape in certain
cases.
Rigorous imprisonment for a term
which shall not be less than twenty
years, but which may extend to
imprisonment for life, which shall
mean imprisonment for the remainder
of that person's natural life, and shall
also be liable to fine.
Rigorous imprisonment of not less
than 20 years but which may extend
to imprisonment for life which shall
mean imprisonment for that person’s
natural life and with fine or with
death. Cognizable Non-
bailable Court of
Session.
66 Person committing an offence of
rape and inflicting injury which
causes death or causes the woman
to be in a persistent vegetative
state. Rigorous imprisonment of not less
than 20 years but which may extend
to imprisonment for life which shall
mean imprisonment for the remainder
of that person’s natural life or
with death. Cognizable Non-
bailable Court of
Session.
67 Sexual intercourse by husband upon
his wife during separation or by a
person in authority. Imprisonment for not less than 2 years
but which may extend to 7 years and
with fine. Cognizable Bailable Court of
Session.
68 Sexual intercourse by a person in
authority.
rigorous imprisonment of either
description for a term which shall not
be less than five years, but which may
extend to ten years, and shall also be
liable to fine. Cognizable Non-
bailable Court of
Session
69 Sexual intercourse by employing
deceitful means etc.
imprisonment of either description for a
term which may extend to ten years and
shall also be liable to fine Cognizable Non-
bailable Court of
Session
70 (1) Gang rape Rigorous imprisonment for not less
than 20 years but which may extend to
imprisonment for life which shall mean
imprisonment for the remainder of that
person’s natural life and with fine. Cognizable Non-
bailable Court of
Session.
70 (2) Gang rape on a woman under
eighteen years of age. Imprisonment for life which shall mean
imprisonment for the remainder of that
person’s natural life and with fine or
with death. Cognizable Non-
bailable Court of
Session.
71 Repeat offenders. Imprisonment for life which sh all mean
imprisonment for the remainder of that
person’s natural life or with death. Cognizable Non-
bailable Court of
Session.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 289
(1) (2) (3) (4) (5) (6)
72 (1) Disclosure of identity of the
victim of certain offences, etc. Imprisonment for two years and fine. Cognizable Dit to Any Magistrate.
72 (3) Printing or publication of a
proceeding without prior
permission of court. Ditto Ditto Ditto Ditto
73 Assault or use of criminal force to
woman with intent to outrage her
modesty. Imprisonment of 1 year which may extend
to 5 years, and witfine. Cognizable Non -bailable Any
Magistrate
74 Sexual harassment and
punishment for sexual harassment.
Offence specified in clause (iv) of
sub-section (1). Rigorous imprisonment with three years,
or with fine, or with both.
One year, or with fine, or with both. Cognizable Bailable Any
Magistrate
75 Assault or use of criminal force to
woman with intent to disrobe. Imprisonment of not less than 3 years but
which may extend to 7 years and with fine. Cognizable Non -bailable Any
Magistrate.
76 Voyeurism. Imprisonment of not less than 1 year but
which may extend to 3 years and with fine
for first conviction. Cognizable Bailable Any
Magistrate.
Imprisonment of not less than 3 years but
which may extend 7 years and with fine
for second or subsequent conviction. Cognizable Non -bailable Any
Magistrate
77 Stalking. Imprisonment up to 3 years and with
fine for first conviction. Cognizable Bailable Any
Magistrate.
Imprisonment up to 5 years and with fine
for second or subsequent conviction. Cognizable Non -bailable Any
Magistrate.
78 Uttering any word or making any
gesture intended to insult the
modesty of a woman, etc. Simple imprisonment for 3 years and with
fine. Cognizable Ditto Ditto.
79 Dowry death. seven years but which may extend to
imprisonment for life. Ditto Non -bailable Court of
Session.
80 A man by deceit causing a woman
not lawfully married to him to
believe, that she is lawfully
married to him and to cohabit with
him in that belief. Imprisonment for 10 years and fine. Non -
cognizable Non -bailable Magistrate
of the first
class.
81(1) Marrying again during the life
time of a husband or wife. Imprisonment for 7 years and
fine. Ditto Bailable Ditto.
81(2) Same offence with concealment of
the former marriage from the
person with whom subsequent
marriage is contracted. Imprisonment for 10 years and fine. Ditto Ditto Dit to.
82 A person with fraudulent intention
going through the ceremony of
being married, knowing that he is
not thereby lawfully married. Imprisonment for 7 years and fine. Ditto Ditto Ditt o.
83 Enticing or taking away or
detaining with a criminal intent a
married woman. Imprisonment for 2 years, or fine, or both. Ditto Ditto Any
Magistrate.
(1) (2) (3) (4) (5) (6)
84 Punishment for subjecting a
married woman to cruelty. Imprisonment for three years and fine. Cognizable if
information relating
to the commission of
the offence is given
to an officer in
charge of a police
station by the person
aggrieved by the
offence or by any
person related to her
by blood, marriage or
adoption or if there is
no such relative, by
any public servant
belonging to such
class or category as
may be notified by
the State
Government
in this behalf. Non -bailable Magistrate
of the first
class.]
85 Kidnapping, abducting or
inducing woman to compel her
marriage, etc. Imprisonment for 10 years and
fine. Ditto Ditto Court of
Session.
86 Causing miscarriage. Imprisonment for 3 years, o r
fine, or both. Non -
cognizable Bailable Magistrate
of the first
class.
If the woman be quick with child. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
87 Causing miscarriage without
women's consent Imprisonment for life, or imprisonment
for 10 years and fine. Cognizable Non -bailable Court of Session.
88 Death caused by an act done
with intent to cause miscarriage. Imprisonment for 10 years and fine. Ditto Ditto Di tto.
If act done without women’s
consent. Imprisonment for life, or as above. Ditto Ditto Di tto.
89 Act done with intent to prevent a
child being born alive, or to cause
it to die after its birth. Imprisonment for 10 years, or fine, or
both. Ditto Ditto Ditto.
90 Causing death of a quick unborn
child by an act amounting to
culpable homicide. Imprisonment for 10 years and fine. Ditto Ditto Di tto.
91 Exposure of a child under 12
years of age by parent or person
having care of it with intention
of wholly abandoning it. Imprisonment for 7 years, or fine, or
both. Ditto Bailable Magistrate of the first
class.
92 Concealment of birth by secret
disposal of dead body. Imprisonment for 2 years, or fine, or
both. Ditto Ditto Ditto.
93 Hiring, employing or engaging a
child to commit an offence. imprisonment of either description or
fine provided for that offence as if the
offence has been committed by such
person himself According as
offence
committed is
cognizable or
non-
cognizable. According as
offence
committed is
bailable or
non- bailable. Court by which
offence committed
is triable.
94 Procuration of child. Ditto Ditto Ditto Ditto.
95 Kidnapping or abducting child
under ten years with intent to steal
from its person. Imprisonment for 7 years and fine Ditto Ditto Magis trate of the
first class.
96 Selling child for purposes of
prostitution, etc. Imprisonment for 10 years and
fine. Ditto Ditto Ditto.
97 Buying child for purposes of
prostitution, etc. Imprisonment for 14 years
and fine. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 291
(1) (2) (3) (4) (5) (6)
101 Murder (1) Death, or imprisonment for life, and
fine.
(2) death or with imprisonment for life or
imprisonment for a term which shall
not be less than seven years and shall
also be liable to fine.
Cognizable Non-
bailable Court of
Session.
102 Murder by life-convict. death or with imprisonment for life, which
shall mean the remainder of that person’s
natural life. Ditto Ditto Ditto.
103 Culpable homicide not amounting
to murder. imprisonment for life, or imprisonment of
either description for a term which shall not
be less than five years but which may extend
to ten years, and shall also be liable to fine,
if the act by which the death is caused is
done with the intention of causing death, or
of causing such bodily injury as is likely to
cause death; or with imprisonment of either
description for a term which may extend to
ten years and with fine, if the act is done
with the knowledge that it is likely to cause
death, but without any intention to cause
death, or to cause such bodily injury as is
likely to cause death. Ditto Ditto Ditto.
104 Causing death by negligence. (1) Imprisonment for 7 years and
fine.
(2) Imprisonment for 10 years and
fine .
Ditto Non-
bailable Magistrate
of the first
class.
105 Abetment of suicide of child or
person with mental illness. Death, or imprisonment for life, or
imprisonment for 10 years and
fine. Ditto Ditto Ditto.
106 Abetment of suicide. Imprisonment for 10 years and fine. Ditto Ditto Ditto.
107 Attempt to murder (1) , if he by that act caused death, he
would be guilty of murder, shall
be punished with imprisonment
of either description for a term
which may extend to ten years,
and shall also be liable to fine;
and if hurt is caused to any person
by such act, the offender shall be
liable either to imprisonment for
life, or to such punishment as is
hereinbefore mentioned.
(2) any person offending under sub-
section (1) is under sentence of
imprisonment for life, he may, if
hurt is caused, be punished with
death or with imprisonment for
life, which shall mean the
remainder of that person’s natural
life. Ditto Ditto Ditto.
108 Attempt to commit culpable
homicide (1) three years, or with fine, or with
both; and, if hurt is caused to any
person by such act, shall be
punished with imprisonment of
either description for a term
which may extend to seven years,
or with fine, or with both. Ditto Ditto Ditto.
(1) (2) (3) (4) (5) (6)
If such act causes hurt to any
person (2) Imprisonment for 7 years, or fine, or
both. Ditto Ditto Ditto.
109(2) For commission of Organised
crime or attempt for commission
of Organised crime if such offence has resulted in the death of
any person, be punishable with death or
imprisonment for life and shall also be liable
to fine which shall not be less than rupees
ten lakhs Cognizable Non-
bailable Court of
Session.
in any other case, be punishable with
imprisonment for a term which shall not be
less than five years but which may extend to
imprisonment for life and shall also be liable
to fine which shall not be less than rupees
five lakhs Ditto Ditto Ditto
109(3) Whoever, conspires or organises the
commission of an organised crime, or
assists, facilitates or otherwise engages in
any act preparatory to an organised crime,
shall be punishable with imprisonment for a
term which shall not be less than five years
but which may extend to imprisonment for
life and shall also be liable to fine which
shall not be less than rupees five lakhs Ditto Ditto Ditto
109(4) Any person who is a member of an
organised crime syndicate shall be
punishable with imprisonment for a term
which shall not be less than five years but
which may extend to imprisonment for life
and shall also be liable to fine which shall
not be less than rupees five lakhs Ditto Ditto Ditto
109(5) Whoever, intentionally harbours or conceals
or attempts to harbour or conceal any person
who has committed the offence of an
organised crime or any member of an
organised crime syndicate or believes that
his act will encourage or assist the doing of
such crime shall be punishable with
imprisonment for a term which shall not be
less than three years but which may extend
to imprisonment for life and shall also be
liable to fine which shall not be less than
rupees five lakhs Ditto Ditto Ditto
109(6) Whoever, holds any property derived, or
obtained from the commission of an
organised crime or proceeds of any
organised crime or which has been acquired
through the organised crime syndicate funds
shall be punishable with imprisonment for a
term which shall not be less than three years
but which may extend to imprisonment for
life and shall also be liable to fine which
shall not be less than rupees two lakhs Ditto Ditto Ditto
109(7) If any person on behalf of a member of an
organised crime syndicate is, or at any time
has been in possession of movable or
immovable property which he cannot
satisfactorily account for, shall be
punishable with imprisonment for a term
which shall not be less than three years but
which may extend to imprisonment for ten
years and shall also be liable to fine which
shall not be less than rupees one lakh and
such property shall also be liable for
attachment and forfeiture Ditto Ditto Ditto
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 293
(1) (2) (3) (4) (5) (6)
110 Petty Organised crime or
organised crime in general. imprisonment for a term which shall not be
less than one year but which may extend to
seven years and shall also be liable to fine Non-
Cognizable bailable Any Magistrate
111 Offence of terrorist act if such offence has resulted in the death of
any person, be punishable with death or
imprisonment for life without the benefit of
parole and shall also be liable to fine which
shall not be less than rupees ten lakhs Cognizable Non-
bailable Court of
Session.
in any other case, be punishable with
imprisonment for a term which shall not be
less than five years but which may extend to
imprisonment for life and shall also be liable
to fine which shall not be less than rupees
five lakhs Ditto Ditto Ditto
conspires, organises or causes to be
organised any organisation, association or a
group of persons for terrorist acts, or assists,
facilitates or otherwise conspires to engage
in any act preparatory to any terrorist act,
shall be punishable with imprisonment for a
term which shall not be less than five years
but which may extend to imprisonment for
life and shall also be liable to fine which
shall not be less than rupees five lakhs Ditto Ditto Ditto
member of terrorist organisation, which is
involved in terrorist act, shall be punishable
with imprisonment for a term which may
extend to imprisonment for life and shall
also be liable to fine which shall not be less
than rupees five lakhs Ditto Ditto Ditto
intentionally harbours or conceals or
attempts to harbour or conceal any person
who has committed an offence of any
terrorist act shall be punishable with
imprisonment for a term which shall not be
less than three years but which may extend
to imprisonment for life and shall also be
liable to fine which shall not be less than
rupees five lakhs Ditto Ditto Ditto
holds any property directly or indirectly,
derived or obtained from commission of
terrorist act or proceeds of terrorism, or
acquired through the terrorist fund, or
possesses, provides, collects or uses
property or funds or makes available
property, funds or financial service or other
related services, by any means, to be used,
in full or in part to carry out or facilitate the
commission of any terrorist act, shall be
punishable with imprisonment for a term
which may extend to imprisonment for life
and shall also be liable to fine which shall
not be less than rupees five lakhs and such
property shall also be liable for attachment
and forfeiture Ditto Ditto Ditto
113(2) Voluntarily causing hurt. Imprisonment for 1 year or fine of 10,000
rupees, or both. Non-
cognizable Ditto Any
Magistrate.
115(2) Voluntarily causing grievous
hurt. Imprisonment for 7 years and fine. Ditto Ditto Ditt o.
(1) (2) (3) (4) (5) (6)
116 (1) Voluntarily causing hurt
by dangerous weapons or means.
(2) Voluntarily causing
grievous hurt by dangerous
weapons or means.
(1) imprisonment of either description for a
term which may extend to three years, or
with fine which may extend to twenty
thousand rupees, or with both.
(2 ) not less than one year but which may
extend to ten years, and shall also be liable
to fine.
Cognizable Ditto Ditto.
117 Voluntarily causing hurt or
grievous hurt to extort property, or
to constrain to an illegal to an act. (1) imprisonment of either description for a
term which may extend to ten years, and
shall also be liable to fine.
(2) voluntarily causes grievous hurt for any
purpose referred to in sub–section (1), shall
be punished with imprisonment for life, or
imprisonment of either description for a
term which may extend to ten years, and
shall also be liable to fine. Ditto Ditto Ditto.
118(1) Voluntarily causing hurt to
extort confession
or information, or to compel
restoration of property, etc. Imprisonment for 7 years and fine. Ditto Bailable Magistrate of the
first class.
118(2) Voluntarily causing grievous
hurt to extort confession or
information, or to compel
restoration of property, etc. Imprisonment for 10 years and fine. Ditto Non-
bailable Court of
Session.
119 Voluntarily causing hurt or
grievous hurt to deter public
servant from his duty. (1) five years, or with fine, or with
both.
(2) ten years, and shall also be liable to
fine. Cognizable 1[Non-
bailable] Ditto.
120(1) Voluntarily causing hurt on grave
and sudden provocation, not
intending to hurt any other than the
person who gave the provocation. Imprisonment for 1 month, or
fine of 5000 rupees, or both. Non-
cognizable Bailable Any
Magistrate.
120(2) Causing grievous hurt on grave
and sudden provocation, not
intending to hurt any other than the
person who gave the provocation. Imprisonment for 5 years, or
fine of 10,000 rupees, or both. Cognizable Ditto Magistrate of
the first class.
121 Causing hurt by means of poison,
etc., with intent to commit an
offence. Imprisonment of either
description for a term which
may extend to ten years, and
shall also be liable to fine. Ditto Ditto Court of
Session.
122(1) Voluntarily causing grievous hurt by
use of acid, etc. Imprisonment for not less than
10 years but which may extend
to imprisonment for life and
fine to be paid to the victim. Cognizable Non-bailable Court of
Session
122(2) Voluntarily throwing or attempting to
throw acid. Imprisonment for 5 years but
which may extend to 7 years
and with fine. Cognizable Non-bailable Court of
Session.]
123 Act endangering life or personal
safety of others.
(a) where the hurt is caused,
(b) where grievous hurt is caused, Imprisonment for 3 months, or
fine of 2500 rupees, or both.
six months, or with fine which
may extend to five thousand
rupees, or with both.
three years, or with fine which
may extend to ten thousand
rupees, or with both. Ditto Ditto Any
Magistrate.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 295
(1) (2) (3) (4) (5) (6)
124(2) Wrongfully restraining any person. Simple imprisonment for
1 month, or fine of 5000
rupees, or both. Ditto Ditto Ditto.
125(2) Wrongfully confining any person. Imprisonment for 1 year, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto.
125(3) Wrongfully confining for three or
more days. Imprisonment for 3 years, or
Fine of 10000 rupees, or both. Ditto Ditto Ditto.
125(4) Wrongfully confining for 10 or more
days. Imprisonment for 5 years and
fine of 10000 rupees. Ditto Ditto Ditto.
125(5) Keeping any person in wrongful
confinement, knowing that a writ has
been issued for his liberation. Imprisonment of either
description for a term which
may extend to two years in
addition to any term of
imprisonment to which he may
be liable under any other
section of this Chapter and
shall also be liable to fine. Ditto Ditto Magistrate of
the first class.
125(6) Wrongful confinement in secret. Three years in addition to any
other punishment to which he
may be liable for such wrongful
confinement and shall also be
liable to fine. Ditto Ditto Ditto.
125(7) Wrongful confinement for the
purpose of extorting property, or
constraining to an illegal act, etc. Imprisonment of either
description for a term which
may extend to three years, and
shall also be liable to fine. Ditto Ditto Any
Magistrate.
125(8) Wrongful confinement for the
purpose of extorting confession or
information, or of compelling
restoration of property, etc. Ditto Ditto Ditto Ditto.
129 Assault or criminal force otherwise
than on grave provocation. Three months, or with fine
which may extend to one
thousand rupees, or with both. Non-
cognizable Ditto Ditto.
130 Assault or criminal force to deter
public servant from discharge of his
duty. imprisonment of either
description for a term which
may extend to two years, or
with fine, or with both Ditto Ditto Ditto
131 Assault or criminal force with intent
to dishonor a person, otherwise than
on grave and sudden provocation. imprisonment of either
description for a term which
may extend to two years, or
with fine, or with both Non-
cognizable Bailable Ditto.
132 Assault or criminal force in attempt
to commit theft of property worn or
carried by a person. imprisonment of either
description for a term which
may extend to two years, or
with fine, or with both. Cognizable Ditto Ditto.
133 Assault or use of criminal force
in attempt wrongfully to confine a
person. Imprisonment for 1 year, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto.
134 Assault or use of criminal force on
grave and sudden provocation. Simple imprisonment for one
month, or fine of 1000 rupees,
or both. Non-
cognizable Ditto Ditto.
135 Kidnapping Imprisonment for 7 years and
fine. Cognizable Ditto Magistrate of the
first class.
137(1) Kidnaping a child. Rigorous imprisonment which
shall not be less than 10 years
but which may extend to
imprisonment for life, and shall
also be liable to fine. Cognizable Non-bailable Magistrate of the
first class.
137(2) Maiming a child for purposes of
begging. Imprisonment which shall not
be less than 20 years which
may extend to remainder of
life, and with fine. Ditto Ditto Court of
Session.
138(1) Kidnapping or abducting in order to
murder. Imprisonment for life, or
rigorous imprisonment for
10 years and fine. Ditto Ditto Ditto.
(1) (2) (3) (4) (5) (6)
138(2) Kidnapping for ransom, etc. Death, or imprisonment for
life and fine. Ditto Ditto Ditto.]
138(3) Kidnapping or abducting with intent
secretly and wrongfully to confine a
person. Imprisonment
and fine. for 7 years Ditto Ditto Court of
Session.
138(4) Kidnapping or abducting in order to
subject a person to grievous hurt,
slavery, etc. Imprisonment
and fine. for 10 years Ditto Ditto Court of
Session.
139 Importation of a girl or boy from
foreign country. Ditto Ditto Ditto Ditto.
140 Wrongfully concealing or keeping in
confinement, kidnapped or abducted
person . Punishment for kidnapping or
abduction. Ditto Ditto Court by
which the
kidnapping
or abduction
is triable.
141 Trafficking of person. Imprisonment of not less than 7
years but which may extend to 10
years and with fine. Cognizable Non-
bailable Court of
Session.
Trafficking of more than one person. Imprisonment of not less than
10 years but which may extend to
imprisonment for life and with fine. Cognizable Non-
bailable Court of
Session.
Trafficking of a child. Imprisonment of not less t han
10 years but which may extend to
imprisonment for life and with fine. Cognizable Non-
bailable Court of
Session.
Trafficking of more than one child. Imprisonment o f not less than
14 years but which may extend to
imprisonment for life and with fine. Cognizable Non-
bailable Court of
Session.
Person convicted of offence of
trafficking of child on more than one
occasion. Imprisonment for life which shall
mean the remainder of that person’s
natural life and with fine. Cognizable Non-
bailable Court of
Session.
Public servant or a police officer
involved in trafficking of child. Imprisonment for life which shall
mean the remainder of that person’s
natural life and with fine. Cognizable Non-
bailable Court of
Session.
142 Exploitation of a trafficked child. Imprisonment of not less than
5 years but which may extend
to 10 years and with fine. Cognizable Non-
bailable Court of
Session.
Exploitation of a trafficked person. Imprisonment of not less than
3 years but which may extend
to 7 years and with fine. Cognizable Non-
bailable Court of
Session.]
143 Habitual dealing in slaves. Imprisonment for life, or
imprisonment for 10 years
and fine. Cognizable Non-
bailable Court of
Session.
144 Unlawful compulsory labour. Imprisonment for 1 year, or
fine, or both. Ditto Bailable Any
Magistrate.
145 Waging or attempting to wage war, or
abetting the waging of war, against the
Government of India. Death, or imprisonment for
life and fine. Cognizable. Non-
bailable. Court of
Session.
146 Conspiring to commit certain offences
against the State. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Ditto Ditto.
147 Collecting arms, etc., with the intention
of waging war against the Government
of India. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 297
(1) (2) (3) (4) (5) (6)
148 Concealing with intent to facilitate a
design to wage war. Imprisonment for 10 years
and fine. Ditto Ditto Ditto.
149 Assaulting President, Governor, etc.,
with intent to compel or restrain the
exercise of any lawful power. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
150 Acts endangering sovereignty unity and
integrity of India.
Imprisonment for life and
fine, or imprisonment for 7
years and fine, or fine. Cognizable Non-
bailable Court of
Session.
151 Waging war against Government of
any foreign State at peace with the
Government of India. Imprisonment for life and
fine, or imprisonment for 7
years and fine, or fine. Ditto Ditto Ditto.
152 Committing depredation on the
territories of any power in alliance or at
peace with the Government of India. Imprisonment for 7 years and
fine, and forfeiture of certain
property. Ditto Ditto. Ditto.
153 Receiving property taken by war or
depredation mentioned in sections 153
and 154. Ditto. Ditto Ditto Ditto.
154 Public servant voluntarily allowing
prisoner of state or war to escape. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Ditto Ditto.
155 Public servant negligently suffering
such prisoner to escape. Simple imprisonment for
3 years and fine. Ditto Bailable Magistrate of
the first class.
156 Aiding escape of, rescuing or
harbouring such prisoner. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Non-
bailable Court of
Session.
157 Abetting mutiny, or attempting to
seduce a soldier, sailor or airman from
his duty. Imprisonment for life, or
imprisonment for 10 years
and fine. Cognizable Non-
bailable Court of
Session.
158 Abetment of mutiny, if mutiny is
committed in consequence thereof. Death, or imprisonment for
life, or imprisonment for
10 years and fine. Ditto Ditto Ditto.
159 Abetment of assault by soldier, sailor
or airman on his superior officer, when
in execution of his office. Imprisonment for 3 years and
fine. Ditto Ditto Magistrate of
the first class.
160 Abetment of such assault, if the
assault committed. Imprisonment for 7 years and
fine. Ditto Ditto Ditto
161 Abetment of desertion of soldier, sailor
or airman. Imprisonment for 2 years, or
fine, or both. Ditto Bailable Any
Magistrate.
162 Harbouring deserter. Ditto Ditto Ditto Ditto.
163 Deserter concealed on board merchant
vessel through negligence of master. Fine of 3000 rupees. Non-
cognizable Ditto. Ditto.
164 Abetment of act of insubordination by
soldier, sailor or airman. Imprisonment for 2 years or fine,
or both. Cognizable Ditto. Ditto.
166 Wearing garb or carrying token used by
soldier, sailor or airman. Imprisonment for 3 months, or
fine of 2000 rupees, or both. Ditto. Ditto Ditto
171 Bribery. Imprisonment for 1 year or fine,
or both, or if treating only, fine
only. Non-
cognizable Ditto Magistrate of
the first class.
172 Undue influence at an election.
Imprisonment for one year, or
fine, or both. Ditto
Ditto
Ditto.
Personation at an election Ditto Cognizable Ditto Ditto.
(1) (2) (3) (4) (5) (6)
173 False statement in connection with an
election. Fine Non-
cognizable Ditto Ditto.
174 Illegal payments in connection with
elections. Fine of 10,000 rupees. Ditto. Ditto. Ditto.
175 Failure to keep election accounts. Fine of 5,00 0 rupees. Ditto Ditto Ditto.
Counterfeiting, or performing any part
of the process of counterfeiting, coin.
imprisonment for life, or with
imprisonment of either
description for a term which
may extend to ten years and
fine.
Cognizable
Non-bailable
Court of
Session.
176 Counterfeiting currency-notes or
bank-notes. Imprisonment for life, or
imprisonment for 10 years and
fine. Cognizable Non-bailable Court of
Session.
177 Using as genuine forged or counterfeit
currency-notes or bank- notes. Ditto Ditto Ditto Ditto.
177 Using as genuine, forged or counterfeit
coin, Government stamp, currency-
notes or bank notes. imprisonment for life, or with
imprisonment of either
description for a term which
may extend to ten years and
fine. Ditto Ditto Court of
Session.
177 Using as genuine, forged or counterfeit
coin, Government stamp, currency-
notes or bank notes. imprisonment for life, or with
imprisonment of either
description for a term which
may extend to ten years, and
shall also be liable to fine. Ditto Ditto Ditto.
178 Possession of forged or counterfeit
coin, Government stamp, currency-
notes or bank-notes. imprisonment of either
description for a term which
may extend to seven years, or
with fine, or with both. Ditto Ditto Court of
Session.
178 Possession of forged or counterfeit
coin, Government stamp, currency-
notes or bank-notes. imprisonment of either
description for a term which
may extend to seven years or
with fine, or with both. Ditto Ditto Court of
Session.
178 Having possession of a counterfeit
Government stamp. imprisonment of either
description for a term which
may extend to seven years, or
with fine, or with both. Ditto Bailable Ditto.
178 Possession of forged or counterfeit
currency-notes or bank-notes. Imprisonment for 7 years, or
fine, or both. Ditto Bailable Ditto.
179 Making or possessing machinery,
instrument or material for forging or
counterfeiting currency-notes or
bank-notes. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Non-
bailable Ditto.
179 Making or possessing instruments or
materials for forging or counterfeiting
coin, Government stamp, currency
notes or bank-notes. imprisonment for life, or with
imprisonment of either
description for a term which
may extend to ten years and
fine. Ditto Ditto Court of
Session.
179 Making, buying or selling instrument
for the purpose of counterfeiting a
Government stamp. Imprisonment for 10 years
and fine. Cognizable Non-
bailable Magistrate of
the first class.
180 Making or using documents resembling
currency-notes or bank- notes. Fine of 300 rupees. Non-
cognizable Bailable Any
Magistrate.
On refusal to disclose the name and
address of the printer. Fine of 600 rupees. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 299
(1) (2) (3) (4) (5) (6)
181 Effacing any writing from a substance
bearing a Government stamp, removing
from a document a stamp used for it,
with intent to cause a loss to
Government. Imprisonment for 3 years, or
fine, or both. Ditto Ditto Ditto
182 Using a Government stamp known to
have been before used. Imprisonment for 2 years, or
fine, or both. Ditto Ditto Any
Magistrate.
183 Erasure of mark denoting that stamps
have been used. Imprisonment for 3 years, or
fine, or both. Ditto Ditto Magistrate of
the first
class.
184 Fictitious stamps Fine of 200 rupees Possession
of any person for making any
fictitious stamp may be seized
and forfeited. Ditto Ditto Any
Magistrate.
185 Person employed in a Mint causing
coin to be of a different weight or
composition from that fixed by law. imprisonment of either
description for a term which
may extend to seven years
and fine. Ditto Ditto Ditto.
186 Unlawfully taking from a Mint any
coining instrument. Ditto Ditto Ditto Ditto.
187(2) Being member of an unlawful
assembly. Imprisonment for
6 months, or fine, or both. Cognizable Bailable Any
Magistrate.
187(3) Joining or continuing in an unlawful
assembly, knowing that it has been
commanded to disperse. Ditto Ditto Ditto Ditto.
187(4) Joining an unlawful assembly armed
with any deadly weapon. Imprisonment for 2 years, or
fine, or both. Ditto Bailable Ditto
187(5) Knowingly joining or continuing in
any assembly of five or more persons
after it has been commanded to
disperse. Imprisonment for 6
months, or fine or both. Ditto Bailable Any
Magistrate.
187(6) Hiring, engaging or employing
persons to take part in an unlawful
assembly. The same as for a member of
such assembly, and for any
offence committed by any
member of such assembly. Cognizable Ditto Ditto.
187(7)
Harbouring persons hired for an
unlawful assembly.
Imprisonment for 6 months, or
fine, or both.
Cognizable
Ditto
Ditto
187(8) Being hired to take part in an
unlawful assembly or riot. Ditto Ditto Ditto Ditto
Or to go armed. Imprisonment for 2 years, or
fine, or both. Ditto Ditto Ditto
188 Every member of unlawful assembly
guilty of offence committed in
prosecution of common object. The same as for the offence. According
as
offence is
cognizable
or non-
cognizable According as
offence is bailable
or non-bailable The Court by
which the
offence is
triable.
189(2) Rioting. Ditto Ditto Ditto Ditto.
189(3) Rioting, armed with a deadly
weapon. Imprisonment for 5 years, or fine,
or both. Ditto Ditto Magistrate of
the first class.
190 Wantonly giving provocation with
intent to cause riot, if rioting be
committed. Imprisonment for 1 year, or fine,
or both. Ditto Ditto Any Magistrate.
If not committed. Imprisonment for 6 months,
or fine, or both. Ditto Ditto Magistrate of
the first class.
191(1) Owner or occupier of land not giving
information of riot, etc. Fine of 1,000 rupees. Non-
cognizable Bailable Any
Magistrate.
191(2) Person for whose benefit or on whose
behalf a riot takes place not using all
lawful means to prevent it. Fine Ditto Ditto Ditto.
(1) (2) (3) (4) (5) (6)
191(3) Agent of owner or occupier for
whose benefit a riot is committed not
using all lawful means to prevent it. Ditto Ditto Ditto Ditto
192(2) Committing affray Imprisonment for one month, or
fine of 1000 rupees or both. Ditto Ditto Ditto.
193 Assaulting or obstructing public
servant when suppressing riot, etc. Imprisonment for 3 years, or fine,
or both. Ditto Ditto Magistrate of
the first class.
194 Promoting enmity between different
groups on ground of religion, race,
place of birth, residence, language,
etc., and doing acts prejudicial to
maintenance of harmony. Imprisonment for 3 years, or fine,
or both. Ditto Non-bailable Ditto
Promoting enmity between classes in
place of worship, etc. Imprisonment for 5 years,
and fine. Ditto Ditto Ditto
195 Imputations, assertions prejudicial to
national integration. Imprisonment for 3 years, or fine,
or both. Ditto Ditto Magistrate of
the first- class
If committed in a place of public
worship, etc. Imprisonment for 5 years and
fine. Ditto Ditto Ditto
196 Public servant disobeying a direction
of the law with intent to cause injury
to any person. Simple imprisonment for 1 year,
or fine, or both. Non-cognizable Bailable Ditto.
197 Public servant disobeying direction
under law Imprisonment for minimum 6
months which may extend to 2
years and fine. Cognizable Bailable Magistrate of
the first- class
198 Non-treatment of victim by hospital Imprisonment fo r 1 year or fine
or both. Non-cognizable Bailable Magistrate of
the first- class
199 Public servant framing an incorrect
document with intent to cause injury. Imprisonment for 3 years, or fine,
or both. Cognizable Ditto. Ditto.
200 Public servant unlawfully engaging
in trade. Simple imprisonment for 1 year,
or fine, or both. Non-cognizable Ditto Ditto.
201 Public servant unlawfully buying or
bidding for property. Simple imprisonment for 2 years,
or fine, or both and confiscation
of property, if purchased. Ditto. Ditto. Ditto.
202 Personating a public servant. imprisonment of either
description for a term which shall
not be less than six months but
may extend to three years and
with fine Cognizable Non-bailable Any
Magistrate.
203 Wearing garb or carrying token used
by public servant with fraudulent
intent. Imprisonment for
3 months, or fine of 5000 rupees,
or both. Ditto Bailable Ditto.
204 Absconding to avoid service of
summons or other proceeding. Simple imprisonment for
1 month, or fine of 5000 rupees,
or both. Non-cognizable Bailable Any
Magistrate.
If summons or notice require
attendance in person, etc., in a Court
of Justice. Simple imprisonment for 6
months, or fine of 10,000 rupees,
or both Ditto Ditto Ditto.
205 Preventing service of summons or
other proceeding, or preventing
publication thereof. Simple imprisonment for
1 month, or fine of 5000 rupees,
or both. Ditto Ditto Ditto.
If summons, etc., require attendance
in person, etc., in a Court of Justice. Simple imprisonment for 6
months, or fine of 10,000 rupees,
or both Ditto Ditto Ditto.
206 Non-attendance in obedience to an
order from public servant. Simple imprisonment for
1 month, or fine of 5000 rupees,
or both. Ditto Ditto Ditto.
If the order requires personal
attendance, etc., in a Court of Justice. Simple imprisonment for 6
months, or fine of 10,000 rupees,
or both. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 301
(1) (2) (3) (4) (5) (6)
207 Non-appearance in response to a
proclamation under section 82 of Act
__ of 2023 Imprisonment for 3 years, or with
fine, or with both Cognizable Non-bailable Magistrate of
the first- class
In a case where declaration has been
made under sub-section (4) of section
82 of this Code pronouncing a person
as proclaimed offender Imprisonment for 7 years and
fine Ditto Ditto Ditto
208 Omission to produce document to
public servant by person legally
bound to produce it. Simple imprisonment for
1 month, or fine of 5000 rupees,
or both. 2[Non-
cognizable] 2[Bailable] The Court in
which the
offence is
committed,
subject to the
provisions of
Chapter
XXVI; or, if
not committed,
in a court, any
Magistrate.
If the document is required to be
produced in or delivered to a Court of
Justice. Simple imprisonment for 6
months, or fine of 10,000 rupees,
or both. Ditto. Ditto. Ditto.
209 Omission to give notice or
information to public servant by
person legally bound to give it.. Simple imprisonment for
1 month, or fine of 5000 rupees,
or both. Ditto. Ditto. Any
Magistrate.
If the notice or information required
respects the commission of an
offence, etc. Simple imprisonment for 6
months, or fine of 10,000 rupees,
or both. Ditto. Ditto. Ditto.
If the notice or information is
required by an order passed under
sub-section (1) of section 356 of this
Code. Imprisonment for
6 months, or fine of 1,000 rupees,
or both. Ditto Ditto Ditto.
210 (a) Furnishing false information. simple imprisonment for a term
which may extend to six months,
or with fine which may extend to
five thousand rupees, or with
both Ditto Ditto Ditto.
(b) If the information required
respects the commission of an
offence, etc. Imprisonment for 2 years, or fine,
or both. Ditto Ditto Ditto.
211 Refusing oath when duly required to
take oath by a public servant. Simple imprisonment for
6 months, or fine of 5,000
rupees, or both. Non-cognizable Bailable The Court in
which the
offence is
committed,
subject to the
provisions of
Chapter
XXVI; or, if
not committed
in a Court, any
Magistrate.
212 Refusing to answer public servant
authorised to question Ditto Ditto Ditto Ditto.
213 Refusing to sign a statement made to
a public servant when legally
required to do so. imprisonment for a term which
may extend to three months, or
with fine which may extend to
three thousand rupees, or with
both. Ditto Ditto Ditto.
214 Knowingly stating to a public servant
on oath as true that which is false. Imprisonment for 3 years and
fine. Ditto Ditto Magistrate of
the first class.
215 Giving false information to a public
servant in order to cause him to use
his lawful power to the injury or
annoyance of any person. imprisonment of either
description for a term which may
extend to one year, or with fine
which may extend to ten
thousand rupees, or with both Ditto Ditto Any
Magistrate.
(1) (2) (3) (4) (5) (6)
216 Resistance to the taking of property
by the lawful authority of a public
servant. imprisonment of either
description for a term which may
extend to six months, or with fine
which may extend to ten
thousand rupees, or with both. Ditto Ditto Ditto.
217 Obstructing sale of property offered
for sale by authority of a public
servant. Imprisonment for 1 month, or
fine of 5000 rupees, or both. Ditto Ditto Ditto.
218 Illegal purchase or bid for property
offered for sale by authority of public
servant. Imprisonment for 1 month, or
fine of 200 rupees, or both. Ditto Ditto Ditto.
219 Obstructing public servant in
discharge of his public functions. Imprisonment for 3 months, or
fine of 2000 rupees, or both. Ditto Ditto Ditto.
220 (a) Omission to assist public servant
when bound by law to give such
assistance. Simple imprisonment for 1
month, or fine of 2500 rupees, or
both. Ditto Ditto Ditto.
(b) Wilfully neglecting to aid a public
servant who demands aid in the
execution of process, the prevention
of offences, etc. Simple imprisonment for 6
months, or fine of 5000 rupees,
or both. Ditto Ditto Ditto.
221 (a) Disobedience to an order lawfully
promulgated by a public servant, if
such disobedience causes
obstruction, annoyance or injury to
persons lawfully employed. Simple imprisonment for 6
month, or fine of 2000 rupees, or
both. Cognizable Ditto Ditto.
(b) If such disobedience causes
danger to human life, health or safety,
or causes or tends to cause a riot or
affray. Imprisonment for 1 Year, or fine
of 5,000 rupees, or both. Ditto Ditto Ditto.
222 Threat of injury to public servant. Imprisonment for 2 years, or fine,
or both. Non- cognizable Ditto Ditto.
223 Threat of injury to induce person to
refrain from applying for protection
to public servant. Imprisonment for 1 year, or fine,
or both. Ditto Ditto Ditto.
224 Attempt to commit suicide to compel
or restraint exercise of lawful power. imprisonment for a term which
may extend to one year or with
fine or with both or with
community service. Ditto Ditto Ditto.
227 (1) Giving or fabricating false
evidence in a judicial proceeding. Imprisonment for 7 years and
10000 rupees. Non-cognizable Bailable Magistrate of
the first class.
(2) Giving or fabricating false
evidence in any other case. Imprisonment for 3 years and
5000 rupees. Ditto Ditto Any
Magistrate.
228 (1) Giving or fabricating false
evidence with intent to cause any
person to be convicted of capital
offence. Imprisonment for life, or rigorous
imprisonment for 10 years and
50000 rupees. Ditto Non- bailable Court of
session.
(2) If innocent person be thereby
convicted and executed. Death, or as above. Ditto Ditto Ditto.
229 Giving or fabricating false evidence
with intent to procure conviction of
an offence punishable with
imprisonment for life or with
imprisonment for 7 years, or
upwards. The same as for the offence. Ditto Ditto Ditto.
230 (1) Threatening any person to give
false evidence. Imprisonment for 7 years, or fine,
or both. Cognizable Ditto Court by
which
offence of
giving false
evidence is
triable.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 303
(1) (2) (3) (4) (5) (6)
(2) If innocent person is convicted
and sentenced in consequence of
false evidence with death, or
imprisonment for more than seven
years. The same as for the offence. Ditto Ditto Ditto.
231 Using in a judicial proceeding
evidence known to be false or
fabricated. The same as for giving or
fabricating false evidence. 2[Non-cognizable] According as
offence of
giving such
evidence is
bailable or
non-
bailable. Court by
which offence
of giving or
fabricating
false evidence
is triable.
232 Knowingly issuing or signing a false
certificate relating to any fact of
which such certificate is by law
admissible in evidence. Ditto Ditto Bailable Court by
which offence
of giving false
evidence is
triable.
233 Using as a true certificate one known
to be false in a material point. Ditto Ditto Ditto Ditto.
234 False statement made in any
declaration which is by law
receivable as evidence. Ditto Ditto Ditto Ditto.
235 Using as true any such declaration
known to be false. Ditto Ditto Ditto Ditto.
236 Causing disappearance of evidence
of an offence committed, or giving
false information touching it to
screen the offender, if a capital
offence. Imprisonment for 7 years and
fine. According as the
offence in relation
to which
disappearance of
evidence is caused
is cognizable or
non- cognizable. Ditto Court of
Session.
If punishable with imprisonment for
life or imprisonment for 10 years. Imprisonment for 3 years and
fine. Non-cognizable Ditto Magistrate of
the first class.
If punishable with less than 10 years’
imprisonment. Imprisonment for a quarter of the
longest term provided for the
offence, or fine, or both. Ditto Ditto Court by which
the offence is
triable.
237 Intentional omission to give
information of an offence by a person
legally bound to inform. imprisonment of either
description for a term which may
extend to six months, or with fine
which may extend to five
thousand rupees, or with both. Ditto Ditto Any
Magistrate.
238 Giving false information respecting
an offence committed. Imprisonment for 2 years, or fine,
or both. Ditto Ditto Ditto.
239 Secreting or destroying any
document to prevent its production as
evidence. Imprisonment for 3 years, or fine
of 5000 rupees, or both. Non-cognizable Bailable Magistrate of
the first class.
240 False personation for the purpose of
any act or proceeding in a suit or
criminal prosecution, or for
becoming bail or security. Imprisonment for 3 years, or fine,
or both. Ditto Ditto Ditto.
241 Fraudulent removal or concealment,
etc., of property to prevent its seizure
as a forfeiture or in satisfaction of a
fine under sentence, or in execution
of a decree. Imprisonment for 3 years, or fine,
or both. Ditto Ditto Any
Magistrate.
242 Claiming property without right, or
practicing deception touching any
right to it, to prevent its being taken
as a forfeiture, or in satisfaction of a
fine under sentence, or in execution
of a decree. Imprisonment for 2 years, or fine,
or both. Ditto Ditto Ditto.
(1) (2) (3) (4) (5) (6)
243 Fraudulently suffering a decree to
pass for a sum not due, or suffering
decree to be executed after it has been
satisfied. imprisonment of either
description for a term which may
extend to two years, or with fine,
or with both. Ditto Ditto Magistrate of
the first class.
244 False claim in a Court of Justice. Imprisonment for 2 years and
fine. Ditto Ditto Ditto.
245 Fraudulently obtaining a decree for a
sum not due, or causing a decree to be
executed after it has been satisfied. Imprisonment for 2 years, or fine,
or both. Ditto Ditto Ditto.
246 False charge of offence made with
intent to injure,— imprisonment of either
description for a term which may
extend to five years, or with fine
which may extend to two lakh
rupees, or with both. Ditto Ditto Ditto.
criminal proceeding instituted on a
false charge of an offence punishable
with death, imprisonment for life, or
imprisonment for ten years or
upwards. imprisonment of either
description for a term which may
extend to ten years, and shall also
be liable to fine. Ditto Ditto Ditto.
247 Harbouring an offender, if the
offence be capital. Imprisonment for 5 years and
fine. Cognizable Ditto Magistrate of
the first class.
If punishable with imprisonment for
life or with imprisonment for
10 years. Imprisonment for 3 years and
fine. Ditto Ditto Ditto.
If punishable with imprisonment for
1 year and not for 10 years. Imprisonment for a quarter of the
longest term, and of the
descriptions, provided for the
offence, or fine, or both. Ditto Ditto Ditto.
248 Taking gift, etc., to screen an
offender from punishment if the
offence be capital. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
If punishable with imprisonment for
life or with imprisonment for
10 years. Imprisonment for 3 years and
fine. Ditto Ditto Ditto.
If punishable with imprisonment for
less than 10 years. Imprisonment for a quarter of the
longest term provided for the
offence, or fine, or both. Ditto Ditto Ditto.
249 Offering gift or restoration of
property in consideration of
screening offender if the offence be
capital. Imprisonment for 7 years and
fine. Non-cognizable Ditto Ditto.
If punishable with imprisonment for
life or with imprisonment for
10 years. Imprisonment for 3 years and
fine. Ditto Ditto Ditto.
If punishable with imprisonment for
less than 10 years. Imprisonment for a quarter of the
longest term, provided for the
offence, or fine, or both. Ditto Ditto Ditto.
250 Taking gift to help to recover
movable property of which a person
has been deprived by an offence
without causing apprehension of
offender. Imprisonment for 2 years, or fine,
or both. Cognizable Ditto Ditto.
251 Harbouring an offender who has
escaped from custody, or whose
apprehension has been ordered, if the
offence be capital. Imprisonment for 7 years and
fine. Cognizable Bailable Magistrate of
the first class.
If punishable with imprisonment for
life or with imprisonment for
10 years. Imprisonment for 3 years, with or
without fine. Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 305
(1) (2) (3) (4) (5) (6)
If punishable with imprisonment for
1 year and not for 10 years. Imprisonment for a quarter of the
longest term provided for the
offence, or fine, or both. Ditto Ditto Ditto.
252 Harbouring robbers or dacoits. Rigorous imprisonment for
7 years and fine. Ditto Ditto Ditto.
253 Public servant disobeying a direction
of law with intent to save person from
punishment, or property from
forfeiture. Imprisonment for 2 years, or fine,
or both. Non-cognizable Ditto Any Magistrate.
254 Public servant framing an incorrect
record or writing with intent to save
person from punishment, or property
from forfeiture. Imprisonment for 3 years, or fine,
or both. Cognizable Ditto Magistrate of
the first class.
255 Public servant in a judicial
proceeding corruptly making and
pronouncing an order, report, verdict,
or decision which he knows to be
contrary to law. Imprisonment for 7 years, or fine,
or both. Non- cognizable Ditto Ditto.
256 Commitment for trial or confinement
by a person having authority, who
knows that he is acting contrary to
law. Ditto Ditto Ditto Ditto.
257 Intentional omission to apprehend on
the part of a public servant bound by
law to apprehend an offender, if the
offence be capital. Imprisonment for 7 years, with or
without fine. According as the
offence in relation
to which such
omission has been
made is cognizable
or non- cognizable. Ditto Ditto.
If punishable with imprisonment for
life or imprisonment for 10 years. Imprisonment for 3 years, with or
without fine. Cognizable Ditto Ditto.
If punishable with imprisonment for
less than 10 years. Imprisonment for 2 years, with or
without fine. Ditto Ditto Ditto.
258 Intentional omission to apprehend on
the part of a public servant bound by
law to apprehend person under
sentence of a Court of Justice if under
sentence of death. Imprisonment for life, or
imprisonment for 14 years, with
or without fine. Ditto Non- bailable Court of
Session.
If under sentence of imprisonment
for life or imprisonment for
10 years, or upwards. Imprisonment for 7 years, with or
without fine. Ditto Ditto Magistrate of
the first class.
If under sentence of imprisonment
for less than 10 years or lawfully
committed to custody. Imprisonment for 3 years, or fine,
or both. Ditto Bailable Ditto.
259 Escape from confinement negligently
suffered by a public servant. Simple imprisonment for 2 years,
or fine, or both. Non-cognizable Ditto Any Magistrate.
260 Resistance or obstruction by a person
to his lawful apprehension. Imprisonment for 2 years, or fine,
or both. Cognizable Ditto Ditto.
261 Resistance or obstruction to the
lawful apprehension of any person, or
rescuing him from lawful custody. Ditto Ditto Ditto Ditto.
If charged with an offence punishable
with imprisonment for life or
imprisonment for 10 years. Imprisonment for 3 years and
fine. Ditto Non- bailable Magistrate of
the first class.
If charged with a capital offence. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
If the person is sentenced to
imprisonment for life, or
imprisonment for 10 years, or
upwards. Imprisonment for 7 years
and fine. Cognizable Non-
bailable Magistrate of
the first class.
If under sentence of death Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Ditto Court of
Session.
(1) (2) (3) (4) (5) (6)
262 Omission to apprehend, or sufferance
of escape on part of public servant, in
cases not
otherwise provided for:–
(a) in case of intentional omission
or sufferance;
(b) in case of negligent omission or
sufferance. Imprisonment for 3 years,
or fine, or both. Non-cognizable Bailable Magistrate of
the first class.
Simple imprisonment for 2
years, or fine, or both. Ditto Ditto Any
Magistrate.
263 Resistance or obstruction to lawful
apprehension, or escape or rescue in
cases not otherwise provided for. Imprisonment for 6
months, or fine, or both. Cognizable Ditto Ditto.
264 Violation of condition of remission of
punishment Punishment of original sentence,
or if part of the punishment has
been undergone, the residue. Ditto Non-
bailable The Court by
which the
original
offence was
triable.
265 Intentional insult or interruption to a
public servant sitting in any stage of a
judicial proceeding. Simple imprisonment for 6
months, or fine of 5,000 rupees,
or both. Non-cognizable Bailable The Court in
which the offence
is committed
subject to the
provisions
of Chapter
XXIX.
266 Personation of an assessor. Imprisonment f or 2 years,
or fine, or both. Non-cognizable Ditto Magistrate of the
first class.
267 Failure by person released on bail or
bond to appear in Court Imprisonment for 1 year, or
fine, or both Cognizable Non-
bailable Any Magistrate.
269 Negligently doing any act known to be
likely to spread infection of any
disease dangerous to life. Imprisonment for 6 months, or
fine, or both. Cognizable Bailable Any Magistrate.
270 Malignantly doing any act known to be
likely to spread infection of any
disease dangerous to life. Imprisonment for 2 years, or
fine, or both. Ditto Ditto Ditto
271 Knowingly disobeying any quarantine
rule. Imprisonment for 6 months, or
fine, or both. Non-cognizable Ditto Ditto
272 Adulterating food or drink intended for
sale, so as to make the same noxious. Imprisonment for 6 months, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto
273 Selling any food or drink as food and
drink, knowing the same to be
noxious. imprisonment of either
description for a term which
may extend to six months, or
with fine which may extend to
five thousand rupees, or with
both Ditto Ditto Ditto
274 Adulterating any drug or medical
preparation intended for sale so as to
lessen its efficacy, or to change its
operation, or to make it noxious. imprisonment of either
description for a term which
may extend to one year, or
with fine which may extend to
five thousand rupees, or with
both Ditto Non-
bailable Ditto
275 Sale of adulterated drugs. imprisonment of either
description for a term which
may extend to six months, or
with fine which may extend to
five thousand rupees, or with
both Ditto Bailable Ditto
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 307
(1) (2) (3) (4) (5) (6)
276 Sale of drug as a different drug or
preparation. imprisonment of either
description for a term which
may extend to six months, or
with fine which may extend to
five thousand rupees, or with
both. Ditto Ditto Ditto
277 Fouling water of public spring or
reservoir. Imprisonment for 6 months, or
fine of 5000 rupees, or both. Cognizable Bailable Any Magistrate.
278 Making atmosphere noxious to health. Fine of 1000 rupees Non-cognizable Ditto Ditto
279 Rash driving or riding on a public way. Imprisonment for 6 months, or
fine of 1,000 rupees, or both. Cognizable Ditto Ditto
280 Rash navigation of vessel. Imprisonment for 6 month s, or
fine of 10,000 rupees, or both. Ditto Ditto Ditto
281 Exhibition of a false light, mark or
buoy. imprisonment of either
description for a term which
may extend to seven years, and
with fine which shall not be
less than ten thousand rupees. Ditto Ditto Magistrate of the
first class.
282 Conveying person by water for hire in
unsafe or overloaded vessel. Imprisonment for 6 months, or
fine of 5,000 rupees, or both. Ditto Ditto Any Magistrate.
283 Danger or obstruction in public way or
line of navigation. Fine of 5000 rupees. Ditto Ditto Ditto
284 Negligent conduct with respect to
poisonous substance. Imprisonment for 6 months, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto
285 Negligent conduct with respect to fire
or combustible matter. Imprisonment for 6 months, or
fine of 2,000 rupees, or both. Ditto Ditto Ditto
286 Negligent conduct with respect to
explosive substance. Imprisonment for 6 months, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto
287 Negligent conduct with respect to
machinery. Ditto Non-cognizable Ditto Ditto
288 Negligent conduct with respect to
pulling down, repairing or constructing
buildings etc.
Ditto Ditto Ditto Ditto
289 Negligent conduct with respect to
animal. Ditto Cognizable Ditto Ditto
290 Punishment for public nuisance in
cases not otherwise provided for. Fine of 1000 rupees Non-cognizable Ditto Ditto
291 Continuance of nuisance after
injunction to discontinue. simple imprisonment for a
term which may extend to six
months, or with fine which
may extend to five thousand
rupees, or with both. Cognizable Ditto Ditto
292 Sale, etc., of obscene books, etc. On first convict ion, with
imprisonment for 2 years, and
with fine of 5,000 rupees, and,
in the event of second or
subsequent conviction, with
imprisonment for five years,
and with fine of 10,000 rupees. Ditto Ditto Ditto
293 Sale, etc., of obscene objects to child. On first c onviction, with
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. Ditto Ditto Ditto
(1) (2) (3) (4) (5) (6)
294 Obscene acts and songs imprisonment of either
description for a term which
may extend to three months, or
with fine which may extend to
one thousand rupees, or with
both. Ditto Ditto Ditto.
295 (1) Keeping a lottery office Imprisonment for 6 months, or
fine or both. Non-cognizable Ditto Ditto.
(2) Publishing proposals relating to
lotteries. fine which may extend to five
thousand rupees. Ditto Ditto Ditto.
296 Injuring or defiling place of worship,
with intent to insult the religion of any
class. Imprisonment for 2 years, or
fine or both. Cognizable Non-
Bailable Any Magistrate.
297 Deliberate and malicious acts, intended
to outrage religious feelings of any class
by insulting its religion or religious
beliefs Imprisonment for 3 years, or
fine, or both. Ditto Ditto Magistrate of the
first class.
298 Disturbing religious assembly. Imprisonment for 1 year, or
fine, or both. Ditto Bailable Any Magistrate.
299 Trespassing on burial places, etc. Ditto Ditto Ditto Ditto.
300 Uttering words, etc., with deliberate
intent to wound religious feelings. Ditto Non-cognizable Ditto Ditto.
301 Theft Rigorous imprisonment for a
term which shall not be less
than one year but which may
extend to five years and with
fine.
In cases of theft where the
value of the stolen property is
less than five thousand rupees,
and a person is convicted for
the first time, shall upon return
of the value of property or
restoration of the stolen
property, shall be punished
with community service. Cognizable Non-
bailable Any Magistrate.
302 Snatching. imprisonment of either
description for a term which
may extend to three years, and
shall also be liable to fine Non-cognizable Bailable Ditto.
303 Theft in a dwelling house, or means of
transportation or place of worship, etc. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
304 Theft by clerk or servant of property in
possession of master or employer. Ditto Ditto Ditto Ditto.
305 Theft after preparation made for causing
death, hurt or restraint in order to the
committing of theft. Rigorous imprisonment for 10
years and fine. Ditto Ditto Magistrate of the
first class.
306(2) Extortion Imprisonment for 7
years, or fine, or both. Ditto Ditto Any
Magistrate.
306(3) Putting or attempting to put in fear of
injury, in order to commit extortion. Imprisonment for 2
years, or fine, or both. Ditto Bailable Ditto.
306(4) Putting or attempting to put a person in
fear of death or grievous hurt in order to
commit extortion. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
306(5) Extortion by putting a person in fear of
death or grievous hurt. Imprisonment for 10 years and
fine. Ditto Non-
bailable Magistrate of the
first class.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 309
(1) (2) (3) (4) (5) (6)
306(6) Putting a person in fear of accusation of
an offence punishable with death,
imprisonment for life, or imprisonment
for 10 years in order to commit
extortion. Imprisonment for 10 years and
fine. Ditto Ditto Ditto.
306(7) Extortion by threat of accusation of an
offence punishable with death,
imprisonment for life, or imprisonment
for 10 years. Imprisonment for 10 years and
fine. Ditto Bailable Ditto.
If the offence threatened be an unnatural
offence. Imprisonment for life Ditto Ditto Ditto.
If the offence be an unnatural offence. Imprisonme nt for life. Ditto Ditto Ditto.
307 Robbery (2) Rigorous imprisonment for
10 years and fine.
(3) Rigorous imprisonment for
a term which may extend to
seven years, and fine.
(4) Imprisonment for life, or
with rigorous imprisonment
for a term which may extend to
ten years, and fine. Ditto Non-
bailable Ditto.
308(2) Dacoity imprisonment for a term which
may extend to ten years, and
shall also be liable to fine. Ditto Ditto Court of
Session.
308(3) Murder in dacoity Death, imprisonment for life,
or rigorous imprisonment for
10 years and fine. Ditto Ditto Ditto.
308(4) Making preparation to commit dacoity. Rigorous imprisonment for 10
years and fine. Cognizable Non-
bailable Court of
Session.
308(5) Being one of five or more persons
assembled for the purpose of
committing dacoity. Ditto Ditto Ditto Court of
Session.
308(6) Belonging to a gang of persons
associated for the purpose of habitually
committing dacoity. Imprisonment for life, or
rigorous imprisonment for 10
years and fine. Ditto Ditto Ditto.
309 Robbery or dacoity, with attempt to
cause death or grievous hurt. Rigorous imprisonment for not
less than 7 years. Ditto Ditto Ditto.
310 Attempt to commit robbery or dacoity
when armed with deadly weapon. Ditto Ditto Ditto Ditto.
311 Belonging to a wandering gang of
persons associated for the purpose of
habitually committing thefts. Rigorous imprisonment for 7
years and fine. Ditto Ditto Magistrate of the
first class.
312 Dishonest misappropriation of movable
property, or converting it to one’s own
use. Not be less than six months but
which may extend to two years
and with fine. Non-cognizable Bailable Any Magistrate.
313 Dishonest misappropriation of property
possessed by deceased person at the
time of his death. Imprisonment of either
description for a term which
may extend to three years, and
shall also be liable to fine, and
if the offender at the time of
such person's decease was
employed by him as a clerk or
servant, the imprisonment may
extend to seven years. Ditto Ditto Magistrate of the
first class.
(1) (2) (3) (4) (5) (6)
314(2) Criminal breach of trust Imprisonment for 5 years, or
fine, or both. Cognizable Non-
bailable Ditto.
314(3) Criminal breach of trust by a carrier,
wharfinger, etc. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
314(4) Criminal breach of trust by a clerk or
servant. Ditto Ditto Ditto Ditto
314(5) Criminal breach of trust by public
servant or by banker, merchant or
agent, etc. Imprisonment for life, or
imprisonment for 10 years and
fine. Ditto Ditto Ditto.
315(2) Dishonestly receiving stolen property
knowing it to be stolen. Imprisonment for 3 years, or
fine, or both. Ditto Ditto Any Magistrate.
315(3) Dishonestly receiving stolen property,
knowing that it was obtained by
dacoity. Imprisonment for life, or
rigorous imprisonment for 10
years and fine. Ditto Ditto Court of
Session.
315(4) Habitually dealing in stolen property. Imprisonment for life, or
imprisonment for 10 years and
fine. Ditto Ditto Ditto.
315(5) Assisting in concealment or disposal of
stolen property, knowing it to be
stolen. Imprisonment for 3 years, or
fine, or both. Ditto Ditto Any Magistrate.
316(2) Cheating Imprisonment for 3 years, or
fine, or both. Non-cognizable Bailable Ditto.
316(3) Cheating a person whose interest the
offender was bound, either by law or
by legal contract, to protect. Imprisonment for 5 years, or
fine, or both. Ditto Ditto Ditto.
317 Cheating by personation. imprisonment of either
description for a term which
may extend to five years, or
with fine, or with both. Cognizable Ditto Ditto.
318 Fraudulent removal or concealment of
property, etc., to prevent distribution
among creditors. Imprisonment of either
description for a term which
shall not be less than six
months but which may extend
to two years, or with fine, or
with both. Non-cognizable Bailable Any Magistrate.
319 Fraudulently preventing from being
made available for his creditors a debt
or demand due to the offender. Imprisonment for 2 years, or
fine, or both. Non-cognizable Bailable Any Magistrate.
320 Fraudulent execution of deed of
transfer containing a false statement of
consideration. imprisonment of either
description for a term which
may extend to three years, or
with fine, or with both Ditto Ditto Ditto.
321 Fraudulent removal or concealment of
property, of himself or any other
person or assisting in the doing thereof,
or dishonestly releasing any demand or
claim to which he is
entitled. imprisonment of either
description for a term which
may extend to three years, or
with fine, or with both Ditto Ditto Ditto.
322 Mischief (2) Imprisonment for 6 months
or fine, or both. Ditto Ditto Ditto.
(3) Imprisonment of either
description for a term which
may extend to one year, or
with fine, or with both; Ditto Ditto Ditto.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 311
(1) (2) (3) (4) (5) (6)
(4) imprisonment of either
description for a term which
may extend to two years, or
with fine, or with both. Ditto Ditto Ditto.
(5) imprisonment of either
description for a term which
may extend to five years, or
with fine, or with both. Ditto Ditto Ditto.
(6) imprisonment of either
description for a term which
may extend to five years, and
shall also be liable to fine. Ditto Ditto Ditto.
323 Mischief by killing or maiming animal imprisonment of either
description for a term which
may extend to five years, or
with fine, or with both Cognizable Ditto Ditto.
324(a) Mischief by causing diminution of
supply of water for agricultural
purposes, etc. Ditto Ditto Ditto Ditto.
324(b) Mischief by injury to public road,
bridge, navigable river, or navigable
channel, and rendering it impassable or
less safe for travelling or conveying
property. Ditto Ditto Ditto Ditto.
324(c) Mischief by causing inundation or
obstruction to public drainage attended
with damage. Ditto Ditto Ditto Ditto.
324(d) Mischief by destroying or moving or
rendering less useful a lighthouse or
seamark, or by exhibiting false lights. Imprisonment for 7 years, or
fine, or both. Ditto Ditto Ditto.
324(e) Mischief by destroying or moving,
etc., a landmark fixed by public
authority. Imprisonment for 1 year, or
fine, or both. Non-cognizable Ditto Any Magistrate.
324(f) Mischief by fire or explosive substance
with intent to cause damage to an
amount of 100 rupees or upwards, or,
in case of agricultural produce, 10
rupees or upwards. Imprisonment for 7 years and
fine. Cognizable Ditto Magistrate of the
first class.
324(g) Mischief by fire or explosive substance
with intent to destroy a house, etc. Imprisonment for life, or
imprisonment for 10 years and
fine. Ditto Non-
bailable Court of
Session.
325(1) Mischief with intent to destroy or
make unsafe a decked vessel or a
vessel of 20 tonnes burden. Imprisonment for 10 years and
fine. Ditto Ditto Ditto.
325(2) The mischief described in the last
section when committed by fire or
any explosive substance. Imprisonment for life, or
imprisonment for 10 years and
fine. Ditto Ditto Ditto.
326 Running vessel ashore with intent to
commit theft, etc. Imprisonment for 10 years and
fine. Ditto Ditto Ditto.
327(3) Criminal trespass Imprisonment for 3 months, or
fine of 5000 rupees, or both. Ditto Ditto Any Magistrate.
327(4) House-trespass Imprisonment for 1 year, or
fine of 5,000 rupees, or both. Ditto Ditto Ditto.
329(1) Lurking house-trespass or house-
breaking. Imprisonment for 2 years
and fine. Ditto Ditto Ditto.
(1) (2) (3) (4) (5) (6)
329(2) Lurking house-trespass or house-
breaking by night. Imprisonment for 3 years and
fine. Ditto Ditto Any
Magistrate.
329(3) Lurking house-trespass or house-
breaking in order to the commission of
an offence punishable with
imprisonment. Imprisonment for 3 years and
fine. Ditto Ditto Ditto.
If the offence be theft Imprisonment for 10 years
and fine. Ditto Ditto Magistrate of
the first class.
329(4) Lurking house-trespass or house-
breaking by night in order to the
commission of an offence punishable
with imprisonment. Imprisonment for 5 years and
fine. Ditto Ditto Magistrate of the
first class.
If the offence is theft Imprisonment for 14 years
and fine. Ditto Ditto Ditto.
329(5) Lurking house-trespass or house-
breaking after preparation made for
causing hurt, assault, etc. Ditto Ditto Ditto Ditto.
329(6) Lurking house-trespass or house-
breaking by night, after preparation
made for causing hurt, etc. Ditto Ditto Ditto Ditto.
329(7) Grievous hurt caused whilst
committing lurking house-trespass or
house-breaking. Imprisonment for life, or
imprisonment for 10 years
and fine. Ditto Ditto Court of
Session.
329(8) Death or grievous hurt caused by one
of several persons jointly concerned in
house-breaking by night, etc. Ditto Ditto Ditto Ditto.
330(a) House-trespass in order to the
commission of an offence punishable
with death. Imprisonment for life, or
rigorous imprisonment for
10 years and fine. Cognizable Non-
bailable Court of
Session.
330(b) House-trespass in order to the
commission of an offence punishable
with imprisonment for life. Imprisonment for 10 years and
fine. Ditto Ditto Ditto.
330(c) House-trespass in order to the
commission of an offence punishable
with imprisonment. Imprisonment for 2 years
and fine. Ditto Bailable Any
Magistrate.
If the offence is theft Imprisonment for 7 years
and fine. Ditto Non-
bailable Ditto.
331 House-trespass, having made
preparation for causing hurt, assault,
etc. Ditto Ditto Ditto Ditto.
332(1) Dishonestly breaking open or
unfastening any closed receptacle
containing or supposed to contain
property. Imprisonment for 2 years or
fine, or both. Ditto Ditto Any Magistrate.
332(2) Being entrusted with any closed
receptacle containing or supposed to
contain any property, and fraudulently
opening the same. Imprisonment for 3 years or
fine, or both. Ditto Bailable Ditto
334(2) Forgery Imprisonment for 2 years, or
fine, or both. Non-cognizable Bailable Magistrate of
the first class.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 313
(1) (2) (3) (4) (5) (6)
334(3) Forgery for the purpose of cheating. Imprisonment f or 7 years and
fine. Cognizable Non-
bailable Magistrate of the
first class.
334(4) Forgery for the purpose of harming the
reputation of any person or knowing
that it is likely to be used for that
purpose. Imprisonment for 3 years and
fine. Ditto Bailable Ditto.
335 Forgery of a record of a Court of
Justice or of a Registrar of Births, etc.,
kept by a public servant. Imprisonment for 7 years and
fine Ditto Non-
bailable Ditto.
336 Forgery of a valuable security, will, or
authority to make or transfer any
valuable security, or to receive any
money, etc. Imprisonment for life, or
imprisonment for 10 years and
fine Ditto Ditto Ditto.
When the valuable security is a
promissory note of the central
government Ditto
Cognizable Ditto Ditto.
337 Having possession of a document,
knowing it to be forged, with intent to
use it as genuine; if the document is
one of the description mentioned in
section 335 of the Bhartiya Nyaya
Sanhita. Ditto. Ditto. Ditto. Ditto.
If the document is one of the
description mentioned in section 336
of the Bhartiya Nyaya Sanhita. Imprisonment for life, or
imprisonment for 7 years and
fine. Non-cognizable Ditto Ditto.
338(2) Using as genuine a forged document
which is known to be forged. Punishment for forgery of such
document. Ditto Ditto Ditto.
When the forged document is a
promissory note of the Central
Government. Ditto Ditto Ditto Ditto.
339(1) Making or counterfeiting a seal, plate,
etc., with intent to commit a forgery
punishable under section 336 of the
Bhartiya Nyaya Sanhita, or possessing
with like intent any such seal, plate,
etc., knowing the same to be
counterfeit. Imprisonment for life, or
imprisonment for 7 years and
fine. Ditto Ditto Ditto.
339(2) Making or counterfeiting a seal, plate,
etc., with intent to commit a forgery
punishable otherwise than under
section 336 of the Bhartiya Nyaya
Sanhita, or possessing with like intent
any such seal, plate, etc., knowing the
same to be counterfeit. Imprisonment for 7 years and
fine. Ditto Ditto Ditto.
340(1) Counterfeiting a device or mark used
for authenticating documents described
in section 467 of the Bhartiya Nyaya
Sanhita, or possessing counterfeit
marked material. Ditto. Ditto. Ditto. Ditto.
340(2) Counterfeiting a device or mark used
for authenticating documents other
than those described in section 467 of
the Bhartiya Nyaya Sanhita, or
possessing counterfeit marked
material. Imprisonment for 7 years and
fine. Ditto Non-
bailable Ditto.
341 Fraudulently destroying or defacing, or
attempting to destroy or deface, or
secreting, a will, etc. Imprisonment for life, or
imprisonment for 7 years and
fine. Ditto Ditto. Ditto.
342 Falsification of accounts. Imprisonment for 7 y ears or
fine, or both. Ditto Bailable Ditto.
(1) (2) (3) (4) (5) (6)
343(3) Using a false property mark with intent
to deceive or injure any person. Imprisonment for 1 year, or
fine, or both. Ditto Ditto Any Magistrate.
344 Removing, destroying or defacing
property mark with intent to cause
injury. Imprisonment for 1 year, or
fine, or both. Ditto Ditto Ditto.
345(1) Counterfeiting a property mark used by
another, with intent to cause damage or
injury. Imprisonment for 2 years, or
fine, or both. Ditto Ditto Ditto.
345(2) Counterfeiting a property mark used by
a public servant, or any mark used by
him to denote the manufacture, quality,
etc., of any property. Imprisonment for 3 years and
fine. Ditto Ditto Magistrate of the
first class.
346 Fraudulently making or having
possession of any die, plate or other
instrument for counterfeiting any public
or private property mark. Imprisonment for 3 years, or
fine, or both. Ditto. Ditto. Ditto.
347 Knowingly selling goods marked with a
counterfeit property mark. Imprisonment for 1 year, or
fine, or both. Non-cognizable Bailable Any Magistrate.
348(1) Fraudulently making a false mark upon
any package or receptacle containing
goods, with intent to cause it to be
believed that it contains
goods, which it does not contain, etc. Imprisonment for 3 years or,
fine, or both. Ditto Ditto Ditto.
348(2) Making use of any such false mark. Ditto Dit to Ditto Ditto.
349(2) Criminal intimidation. Imprisonment for 2 ye ars, or
fine, or both. Non-cognizable Bailable Ditto.
349(3) If threat be to cause death or grievous
hurt, etc. Imprisonment for 7 years, or
fine, or both. Ditto Ditto Magistrate of the
first class.
349(4) Criminal intimidation by anonymous
communication or having taken
precaution to conceal whence the threat
comes. Imprisonment for 2 years, in
addition to the punishment
under above section. Ditto Ditto Ditto.
350 Insult intended to provoke breach of the
peace. Imprisonment for 2 years, or
fine, or both. Non-cognizable Bailable Any Magistrate.
351 False statement, rumour, etc., circulated
with intent to cause mutiny or offence
against the public peace. Imprisonment for 3 years, or
fine, or both. Ditto Non-
bailable Ditto.
False statement, rumour, etc., with
intent to create enmity, hatred or ill- will
between different classes. Ditto Cognizable Ditto Ditto.
False statement, rumour, etc., made in
place of worship, etc., with intent to
create enmity, hatred or ill-will. Imprisonment for 5 years and
fine. Ditto Ditto Ditto.
352 Act caused by inducing a person to
believe that he will be rendered an
object of Divine displeasure. Imprisonment for 1 year, or
fine, or both. Ditto Ditto Any Magistrate.
353 Appearing in a public place, etc., in a
state of intoxication, and causing
annoyance to any person. Simple imprisonment for 24
hours, or fine of 1000 rupees,
or both or with community
service. Non-cognizable Ditto Ditto.
354(2) Defamation against the President or the
Vice-President or the Governor of a
State or Administrator of a Union
territory or a Minister in respect of his
conduct in the discharge of his public
functions when instituted upon a
complaint made by the Public
Prosecutor. Simple imprisonment for 2
years, or community service or
fine, or both Non-cognizable Bailable Court of
Session.
Defamation in any other case Ditto Ditto Ditto Magistrate of the
first class.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 315
(1) (2) (3) (4) (5) (6)
354(3) Printing or engraving matter knowing
it to be defamatory against the
President or the Vice-President or the
Governor of a State or Administrator
of a Union territory or a Minister in
respect of his conduct in the discharge
of his public functions when instituted
upon a complaint made by the Public
Prosecutor. Simple imprisonment for 2
years, or fine, or both Ditto Ditto Court of
Session.
Printing or engraving matter knowing
it to be defamatory, in any other case. Ditto Ditto Ditto Magistrate of
the first class.
354(4) Sale of printed or engraved substance
containing defamatory matter,
knowing it to contain such matter
against the President or the Vice-
President or the Governor of a State or
Administrator of a Union territory or a
Minister in respect of his conduct in
the discharge of his public functions
when instituted upon a complaint
made by the Public Prosecutor. Ditto Ditto Ditto Court of
Session.
Sale of printed or engraved substance
containing defamatory matter,
knowing it to contain such matter in
any other case. Ditto Ditto Ditto Magistrate of the
first class.
355 Being bound to attend on or supply the
wants of a person who is helpless from
youth, unsoundness of mind or disease,
and voluntarily omitting to do so. Imprisonment for 3 months, or
fine of 5000 rupees, or both. Non-cognizable Bailable Any Magistrate.
I. —CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS
Offence Cognizable
or non-
cognizable Bailable or
non- bailable By what court
triable
If punishable with death, imprisonment for life, or imprisonment for more than 7 years Cognizable Non- bailable Court of Session.
If punishable with imprisonment for 3 years and upw ards but not more than 7 years Ditto Ditto Magistra te of
the first class.
If punishable with imprisonment for less than 3 yea rs or with fine only. Non-
cognizable Bailable Any Magistrate.
THE SECOND SCHEDULE
(See section 524)
FORM No. 1
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 pleader, as the case may
be ) before the ( Magistrate ) of , on the day . Herein fail not.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 317
FORM N o. 2
WARRANT OF ARREST
(See section 72)
To (name and designation of the person or persons who is or a re 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 pr oduce
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 attend until otherwise directed by me, he may be released.
Dated, this
(Seal of the Court )
day of
, 20 .
(Signature )
FORM N o. 3
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 cha rge of , do hereby bind myself to
attend in the Court of on the day of next, to ans wer to the
said charge, and to continue so to attend until oth erwise directed by the Court; and, in case of my ma king
default herein, I bind myself to forfeit, to Govern ment, the sum of rupees
Dated, this day of , 20 .
(Signature )
I do hereby declare myself surety for the above-nam ed of that
he shall attend before in the Court of on
the day of next, to answer to
the charge on which he has been arrested, and shall continue so to attend until otherwise directed 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 )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 319
FORM N o. 4
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON AC CUSED
(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 San hita, 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 satisfa ction 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 req uired 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 )
FORM N o. 5
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 wher eas 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 s aid 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 )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 321
FORM N o. 6
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WI TNESS
(See section 85)
To the officer in charge of the police station at
WHEREAS a warrant has been duly issued to compel the attend ance 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 ab sconded
(or is concealing himself to avoid the service of the s aid warrant); and thereupon a Proclamation has been
or is being duly issued and published requiring the said to
appear and give evidence at the time and place ment ioned therein;
This is to authorise and require you to attach by s eizure the movable property belonging to the
said to the value of rupees which you may find with in the
District of and to hold the said property
under attachment pending the further order of this Court, and to return this warrant with an endorsem ent
certifying the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 7
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PE RSON ACCUSED
(See section 85)
To
(name and designation of the person or persons who i s 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 puni shable
under section of the Bhartiya Nyaya Sanhita, and i t has been returned to a warrant of
arrest thereupon issu ed 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 th e
said to appear to answer the said
charge within days; and whereas the said is posse ssed of the following
property, other than land paying revenue to Governm ent, in the village ( 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 ( 2) of section 85, and to hold the same under attachm ent pending further order of
this Court, and to return this warrant with an endo rsement certifying the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
* Strike out the one which is not applicable, depen ding on the nature of the property to be attached.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 323
FORM N o. 8
ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGI STRATE OR COLLECTOR
(See section 85)
To the District Magistrate/Collector of the Distric t 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) a nd thereupon a Proclamation has been or is being du ly
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 Government in the village ( or town ) of , in the District of ;
You are hereby authorised and requested to cause th e 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 cer tify without delay what you may have done in pursua nce
of this order.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
* Strike out the one which is not desired.
————
FORM N o. 9
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 war rant ).
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, an d whereas I have good and sufficient reason to beli eve
that he will not attend as a witness on the hearing of the said complaint unless compelled 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 offence complained of.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 325
FORM N o. 10
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 war rant ).
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 whic h the search is to
be confined ), and, if found, to produce the same forthwith bef ore this Court, returning this warrant, with
an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM N o. 11
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 inq uiry 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 s aid house ( or other place ) with such assistance as shall
be required, and to use, if necessary, reasonable f orce 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 y ou may
reasonably believe to be kept for the manufacture o f 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 posse ssion of, returning this warrant, with an endorseme nt
certifying what you have done under it, immediately upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM N o. 12
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 , I hereby bind myself not to commit a breach of the peace, or do any act
that may probably occasion a breach of the peace, d uring the said term or until the completion of the said
inquiry 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 )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 327
FORM N o. 13
BOND FOR GOOD BEHAVIOUR
(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 mat ter of
now pending in the Court of , I hereby bind myself to be of
good behaviour to Government and all the citizens o f India during the said term or until the completio n of
the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Govern ment
the sum of rupees
Dated, this day of , 20 .
(Signature )
(Where a bond with sureties is to be executed, add )
We do hereby declare ourselves sureties for the abo ve-named
that he will be of good behaviour to Government and all the citizens of India during the said term or until
the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, joi ntly and
severally, to forfeit to Government the sum of rupe es
Dated, this day of , 20 .
(Signature )
FORM No. 14
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE P EACE
(See section 132)
To of
WHEREAS it has been made to appear to me by credible inform ation that ( state
the substance of the information ), and that you are likely to commit a breach of th e peace ( or by which
act a breach of the peace will probably be occasion ed), you are hereby required to attend in person ( or by
a duly authorised agent) at the office of the Magis trate of on the day of 20 ,
at ten o’clock in the forenoon, to show cause why y ou should 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 )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 329
FORM No. 15
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 obedienc e to a summons
calling upon him to show cause why he should not en ter into a bond for rupees with one
surety ( or a bond with two sureties each in rupees ), that h e, the said ( name )
would keep the peace for the period of months; and whereas an order was then made requiring the
said ( name ) to enter into and find such security ( state
the security ordered when it differs from that ment ioned 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 Jail for 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 endorsement certifying the manner of its ex ecution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 16
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FO R 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 distric t of and that there is
reason to believe that he is doing so with a view t o 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 req uiring 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 su ch default has been adjudged imprisonment for ( state the
term ) unless the said security be sooner furnished;
This is to authorise and require you receive the sa id ( name ) into your
custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained
therein, for the said period of ( term of imprisonment ) unless he shall in the meantime be lawfully order ed to
be released, and to return this warrant with an end orsement certifying the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 331
FORM No. 17
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 given security under section of the Bharatiya Nagarik Suraksha Sanhita, 2023.
or
WHEREAS (name and description of prisoner ) was committed to your custody
under warrant of the Court, dated the day of 19 ; and there
have appeared to me sufficient grounds for the opin ion that he can be released without hazard to the
community;
This is to authorise and require you forthwith to d ischarge 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 )
FORM No. 18
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANC E
(See section 145)
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 th e 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 tha t 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 ;
And thereupon an order was made adjudging him to un dergo imprisonment in the said Jail for the period
of ;
This is to authorise and require you receive the sa id ( name ) into your custody in
the said Jail, together with this warrant, and ther e carry the said order into execution according to law,
returning this warrant with an endorsement certifyi ng the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 333
FORM No. 19
WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATT ACHMENT 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 rupe es
, and whereas the said ( name ) in wilful
disregard of the said order has failed to pay rupee s , being the amount of the
allowance for the month ( or months) of
This is to authorise and require you to attac h 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 the said sum, returning this warrant, with an endorseme nt
certifying what you have done under it, immediately upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 20
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 nui sance ), and that
such obstruction ( or nuisance) still exists;
or
WHEREAS it has been made to appear to me that you are carry ing 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 hea lth (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 o wner ( 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 day of next,
and to show cause why this order should not be enfo rced;
or
I do hereby direct and require you within ( state the time allowed ) to cease
carrying on the said trade or occupation at the sai d place, and not again to carry on the same, or to remove
the said trade from the place where it is now carri ed on, or to appear, 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 )
FORM No. 21
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 ord er 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 he reby direct and require you to obey the said order within
(state the time allowed ), on peril of the penalty provided by the Bharatiy a Nyaya Sanhita, 2023 for
disobedience thereto.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
—————
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 335
FORM No. 22
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDIN G INQUIRY
(See section 161)
To ( name, description and address ).
WHEREAS the inquiry into the conditional order issu ed by me on the day of , 20 , is pending,
and it has been made to appear to me that the nuisa nce mentioned in the said order is attended with su ch
imminent danger or injury of a serious kind to the public as to render necessary immediate measures to
prevent such danger or injury, I do hereby, under t he provisions of section 161 of the Bharatiya Nagar ik
Suraksha Sanhita, 2023, direct and enjoin you forth with to (state plainly what is required to be done as a
temporary safeguard), pending the result of the inq uiry.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 23
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. 20
or Form No. 24, as the case may be );
I do hereby strictly order and enjoin you not to re peat or continue, the said nuisance.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 24
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 po ssession ( or have the management) of
(describe clearly the property ), and that, in digging a drain on the said land, y ou are about to throw or place
a portion of the earth and stones dug-up upon the a djoining public road, so as to occasion risk of obs truction
to persons using the road;
or
WHEREAS it has been made to appear to me that you and a num ber of other persons ( mention the
class of persons ) are about to meet and proceed in a procession alo ng the public street, etc., ( as the case
may be ) and that such procession is likely to lead to a r iot 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;
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 337
or
I do hereby prohibit the procession passing along t he said street, and strictly warn and enjoin you no t
to take any part in such procession ( or as the case recited may require ).
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
——————
FORM No. 25
MAGISTRATE’S ORDER DECLARING PARTY ENTITLED TO RETAI N POSSESSION OF LAND, ETC., IN DISPUTE
(See section 164)
It appears to me, on the grounds duly recorded, tha t a dispute, likely to induce a breach of the peace ,
existed between ( describe the parties by name and residence or resid ence only if
the dispute be between bodies of villagers ) concerning certain ( state concisely the
subject of dispute ), situate within my local jurisdiction, all the sa id 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 ri ght of possession, that the claim of actual possess ion 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 distu rbance
of his ( or their) possession in the meantime.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
——————
FORM No. 26
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 lik ely to induce a breach of the peace, existed
between ( describe the parties concerned by name and residenc e, 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 respecti ve claims as to the fact of actual possession of th e
said ( the subject of dispute ), and whereas, upon due inquiry into the said clai ms, I have
decided that neither of the said parties was in pos session of the said ( the subject of
dispute ) (or I am unable to satisfy myself as to which of the sa id 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 the par ties, or the claim to possession, shall have been o btained,
and to return this warrant with an endorsement cert ifying the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
——————
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 339
FORM No. 27
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 possess ion 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 b y the public
(or if by an individual or a class of persons, descr ibe him or them ) and ( if the use can be enjoyed throughout
the year ) that the said use has been enjoyed within three m onths of the institution of the said inquiry ( or if
the use is enjoyable only at a particular season, s ay , “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 compete nt
Court adjudging him ( or them) to be entitled to exclusive possession;
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 28
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 Magistr ate of
or
and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bin d
myself to appear at , in the Court of , on the day of next ( or
on such day as I may hereafter be required to atten d) to answer further to the said charge, and in cas e of my
making 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 at in the Court of , on
the day of next ( or on such day as he may hereafter be required to atte nd), further to
answer to the charge pending against him, and, in c ase of his making default therein, I hereby bind my self
(or we hereby bind ourselves) to forfeit to Government the sum of rupees;
Dated, this day of , 20 .
(Signature )
——————
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 341
FORM No. 29
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 the sum of rupees……..
Dated, this day of , 20 .
(Signature )
To,
FORM No. 30
SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFEN CE
(See section 229)
(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 pleader) before (Magistrate)
of on the day of 20 , or if you desire to plead gui lty to
the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty
in writing and the sum of rupees as fine, or if you desire to appear by pleader and to plead
guilty through such pleader, to authorise such plea der in writing to make such a plea of guilty on you r behalf
and to pay the fine through such pleader. Herein fa il not.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
(Note .—The amount of fine specified in this summons shall not exceed on hundred rupees.)
FORM No. 31
NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECU TOR
(See section 232)
The Magistrate of hereby gives notice that he has c ommitted one for
trial at the next Sessions; and the Magistrate here by 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 .
(Seal of the Court ) (Signature )
——————
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 343
FORM No. 32
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 Government of India and thereby com mitted an offence punishable under section 121 of t he
Bhartiya Nyaya Sanhita, and within the cognizance o f this Court.
(c) And I hereby direct that you be tried by this Cou rt 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 the President of India [ or, as the case may be , the Governor of ( name of State )]
to refrain from exercising a lawful power as such P resident ( or, as the case may be , the Government)
assaulted President ( or, as the case may be , the Governor), and thereby committed an offence p unishable
under section 151 of the Bharatiya Nyaya Sanhita, 2 023, and within the cognizance of this Court.
(3) On section 199.—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 o f Act ,
section , and known by you to be prejudicia l to , and thereby committed an
offence punishable under section 199 of the Bharati ya Nyaya Sanhita, 2023, and within the cognizance o f
this Court.
(4) On section 199.—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 did not believe to be true, and thereby committed an offen ce
punishable under section 230 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this C ourt.
(5) On section 105.—That you, on or about the day of , at , committed
culpable homicide not amounting to murder, causing the death of , and thereby
committed an offence punishable under section 105 o f the Bharatiya Nyaya Sanhita, 2023, and within the
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 thereby committed an
offence punishable under section 108 of the Bharati ya Nyaya Sanhita, 2023, and within the cognizance o f
this Court.
(7) On section 117( 2).—That you, on or about the day of , at , voluntar ily
caused grievous hurt to , and thereby committed an offence punishable under section 117( 2)
of the Bharatiya Nyaya Sanhita, 2023, and within t he cognizance of this Court.
(8) On section 310( 2).—That you, on or about the day of , at ,
robbed ( state the name ), and thereby committed an offence punishable unde r section 310( 2)
of the Bharatiya Nyaya Sanhita, 2023, and within th e cognizance of this Court.
(9) On section 311( 2).—That you, on or about the day of , at ,
committed dacoity, an offence punishable under sect ion 311( 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 counterfeit, delivered the sam e to another person, by name, A.B., as genuine, and
thereby committed an offence punishable under secti on 179 of the Bharatiya Nyaya Sanhita, 2023 and wit hin
the cognizance of the Court of Session.
Secondly —That you, on or about the day of , at , knowing a
coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, an d
thereby committed an offence punishable under secti on 179 of the Bharatiya Nyaya Sanhita, 2023 and
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 causing the death of , and ther eby committed an offence
punishable under section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Cou rt
of Session.
Secondly —That you, on or about the day of , at , by causing
the death of , committed culpable homicide not amou nting to murder, and thereby
committed an offence punishable under section 105 o f the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of the Court of Session.
(3) On sections 304( 2) and 308.— First —That you, on or about the day of , at ,
committed theft, and thereby committed an offence p unishable under section 304( 2) of the Bharatiya Nyaya
Sanhita, 2023 and within the cognizance of the Cour t of Session.
Secondly —That you, on or about the day of , at , committed
theft, having made preparation for causing death to a person in order to the committing of such theft, and
thereby committed an offence punishable under secti on 308 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
made preparation for causing restraint to a person in order to the effecting of your escape after the
committing of such theft, and thereby committed an offence punishable under section 308 of the Bharati ya
Nyaya Sanhita, 2023 and within the cognizance of th e Court of Session.
Fourthly —That you, on or about the day of , at , committed
theft, having made preparation for causing fear of hurt to a person in order to the restraining of pro perty
taken by such theft and thereby committed an offenc e punishable under section 308 of the Bharatiya Nya ya
Sanhita, 2023 and within the cognizance of the Cour t of Session.
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 345
(4) Alternative charge on section 230.—That you, on or about the day of , at ,
in the course of the inquiry into , before , stat ed in evidence that “ ”, and
that you, on or about the day of , at , in the cou rse of the trial
of , before , stated in the evidence that “ ”, one of
which statements you either knew or believed to be false, or did not believe to be true, and thereby
committed an offence punishable under section 230 o f 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 punishable under section 304(2) of the Bharatiya Nyaya Sanhita ,
2023 and within the cognizance of the Court of Sess ion ( or Magistrate, as the case may be ). And you, the
said ( name of accused ), stand further charged that you, before the commi tting of the said offence, that is
to say, on the day of , had been convicted by the (state Court by which
conviction was had) at of an offence punishable under Chapter XVIII of the
Bhartiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of
house-breaking by night ( describe the offence in the words used in the secti on
under which the accused was convicted ), which conviction is still in full force and effe ct, and that you are
thereby liable to enhanced punishment under section 16 of the Bharatiya Nyaya Sanhita, 2023.
And I hereby direct that you be tried, etc.
FORM No. 33
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 prosec ution;
You are hereby summoned to appear before this Court on the day of next at
ten o’clock in the forenoon, to produce such docume nt or thing or to testify what you know concerning the
matter of the said complaint, and not to depart the nce without leave of the Court; and you are hereby warned
that, if you shall without just excuse neglect or r efuse to appear on the said date, a warrant will be issued to
compel your attendance.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 347
FORM No. 34
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 t his warrant, and thereby carry the aforesaid senten ce into
execution according to law.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 35
WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATI ON
(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 tha t 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 been paid and an order has
been made for his simple imprisonment in Jail for t he period of 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 the said pe riod of
(term of imprisonment ), subject to the provisions of section 10( 6b ) of the Bharatiya Nyaya Sanhita, 2023,
unless the said sum be sooner paid, and on the rece ipt thereof, forthwith to set him at liberty, retur ning this
warrant with an endorsement certifying the manner o f its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 349
FORM No. 36
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRI SON 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 s afe and sure conduct before this
Court at on the day of , 20 , by A.M. there to answer to the said charge,
or for the purpose of the said proceeding, and afte r this Court has dispensed with his further attenda nce,
cause him to be conveyed under safe and sure conduc t 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 )
(Seal ) (Signature )
Countersigned.
(Signature )
FORM No. 37
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRI SON 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 ma terial 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 now pending before this Cour t, and after this Court has dispensed with his furt her
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 )
(Seal ) Countersigned.
(Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 351
FORM No. 38
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT W HEN 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 rup ees , 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, an d 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, r eturning this warrant with an endorsement certifyin g the
manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 39
MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WIT NESS 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 da y 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 recorde d, or having been called upon to produce any docume nt
has refused to produce such document, without alleg ing any just excuse for such refusal, and for his
refusal has been ordered to be detained in custody for ( term of detention
adjudged );
This is to authorise and require you to take the sa id ( name ) into custody, and him
safely to keep in your custody for the period of da ys, unless in the meantime he shall consent to
be examined and to answer the questions asked of hi m, or to produce the document called for from him,
and on the last of the said days, or forthwith on s uch consent being known, to bring him before this C ourt
to be dealt with according to law, returning this w arrant with an endorsement certifying the manner of its
execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 353
FORM No. 40
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 convi cted of the offence of culpable homicide
amounting to murder under section of the Bharatiya Nyaya Sanhita, 2023, and
sentenced to death, subject to the confirmation of the said sentence by 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 t his warrant, and him there safely to keep until you shall
receive the further warrant or order of this Court, carrying into effect the order of the said Court.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 41
WARRANT AFTER A COMMUTATION OF A SENTENCE
(See sections 427, 454 and 457)
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 Bhar atiya Nyaya Sanhita , and sentenced to , and was
thereupon committed to your custody; and whereas by the order of the Court of
(a duplicate of which is hereunto annexed) the puni shment adjudged by the said sentence has been
commuted to the punishment of imprisonment for life ;
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 require d, until he shall be delivered over by you to the p roper
authority and custody for the purpose of his underg oing the punishment of imprisonment for life under the
said order,
or
if the mitigated sentence is one of imprisonment, s ay, after the words “custody in the said Jail”, “and there
to carry into execution the punishment of imprisonm ent under the said order according to law”.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 355
FORM No. 42
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
(See sections 454 and 455)
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 b y a warrant of the Court, dated the day of ,
committed to your custody under sentence of death; and whereas the order of the High
Court at confirming the said sentence has been rece ived by this Court;
This is to authorise and require you to carry the s aid 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 )
FORM No. 43
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
(See section 462)
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 whe reas the
said ( name ), although required to pay the said fine, has not paid the same or any part thereof;
This is to authorize and require you to attach any movable property belonging to the said ( name ), which
may be found within the district of ; and, if withi n ( 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 a s shall be sufficient to satisfy the said fine, ret urning
this warrant, with an endorsement certifying what y ou have done under it, immediately upon its executi on.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 357
FORM No. 44
WARRANT FOR RECOVERY OF FINE
(See section 462)
To the Collector of the district of
WHEREAS (name, address and description of the offender ) was
on the day of , 20 , convicted before me of the off ence 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 reve nue
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 )
[FORM No. 44A
BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REA LISATION OF FINE
[See section 465 ( 1) (b)]
WHEREAS I, ( name ) inhabitant of ( place ), have
been sentenced to pay a fine of rupees and in def ault of payment thereof to undergo
imprisonment for ; and whereas the Court has been p leased to order my release on
condition of my executing a bond for my appearance 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 mysel f to forfeit to Government the sum of rupees.
Dated, this day of , 20 .
(Signature )
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—
We do hereby declare ourselves sureties for the abo ve-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 ).]
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 359
FORM No. 45
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT
(See sections 480, 481, 482, 483, 484 and 487)
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 attendance before such Officer of Court on condition that I shall attend such Off icer
or Court on every day on which any investigation or trial is held with regard to such charge, and in c ase
of my making default herein, I bind myself to forfe it 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 Court of on every day
on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and
appear, before such Officer or Court for the purpos e of such investigation or to answer the charge aga inst
him (as the case may be), and, in case of his makin g 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 )
FORM No. 46
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
(See section 489)
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 487 of the Bha ratiya Nagarik Suraksha Sanhita;
This is to authorise and require you forthwith to d ischarge the said ( name ) from your
custody, unless he is liable to be detained for som e other matter.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 361
[FORM No. 47
WARRANT OF ATTACHMENT TO ENFORCE A BOND
(See section 493)
To the Police Officer in charge of the police stati on 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 a nd detention, and, if the said
amount be not paid within , days to sell the proper ty so attached or so much of it as may
be sufficient to realise the amount aforesaid, and to make return of what you have done under this war rant
immediately upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature ).]
FORM No. 48
NOTICE TO SURETY ON BREACH OF A BOND
(See section 493)
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 default thereof to
forfeit the sum of rupees to Government; and whe reas the said ( name )
has failed to appear before this Court and by reaso n 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 should not be enf orced against you.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 363
FORM No. 49
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHA VIOUR
(See section 493)
To of
WHEREAS on the day of , 20 , you became surety by a b ond 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 r upees 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 )
FORM No. 50
WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 493)
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 Govern ment
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 sei zure and detention; and, if the
said amount be not paid within days, to sell the pr operty so attached, or so much of it
as may be sufficient to realise the amount aforesai d, and make return of what you have done under this
warrant immediately upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 365
FORM No. 51
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PE RSON ADMITTED TO BAIL
(See section 493)
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 ment ioned in the
said bond has been forfeited to Government; and whe reas 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 b e
enforced against him, and the same cannot be recove red by attachment and sale of his movable property,
and an order has been made for his imprisonment in the Civil Jail for ( Specify the period );
This is to authorise and require you, the said Supe rintendent (or Keeper) to
receive the said ( name ) into your custody with the warrant and to keep hi m 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 )
FORM No. 52
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEE P THE PEACE
(See section 493)
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 b e enforced against you.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 367
FORM No. 53
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON B REACH OF A BOND TO KEEP THE PEACE
(See section 493)
To
(name and designation of police officer ), at the police station of
WHEREAS (name and description ) did, on
the day of , 20 , enter into a bond for the sum of rupees binding
himself not to commit a breach of the peace, etc., (as in the bond ), and proof
of the forfeiture of the said bond has been given b efore 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 t o pay the said sum;
This is to authorise and require you to attach by s eizure 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 paid within , to sell the property
so attached, or so much of it as may be sufficient to realize the same; and to make return of what you have
done under this warrant immediately upon its execut ion.
Dated, this
(Seal of the Court )
day of
, 20 .
(Signature )
FORM No. 54
WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE
(See section 493)
To the Superintendent (or Keeper) of the Civil Jail at
WHEREAS proof has been given before me and duly recorded th at ( name and
description ) has committed a breach of the bond entered into b y him to keep the peace, whereby he has
forfeited to Government the sum of rupees ; and whe reas the said ( name )
has failed to pay the said sum or to show cause why the said sum should not be paid, although duly cal led
upon to do so, and payment thereof cannot be enforc ed by attachment of his movable property, and an or der
has been made 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 Supe rintendent (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 fo r the said period of ( term of
imprisonment ), and to return this warrant with an endorsement c ertifying the manner of its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 369
FORM No. 55
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 493)
To the Police Officer in charge of the police stati on 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 has been given
before me and duly recorded of the commission by th e said ( name ) of the
offence of whereby the said bond has been forfeited ; and whereas notice has been given to the said
( name ) calling upon him to show cause why the said sum s hould 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 s eizure 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 paid within , to sell the pr operty so attached, or so much of it as may be
sufficient to realise the same, and to make return of what you have done under this warrant immediatel y
upon its execution.
Dated, this day of , 20 .
(Seal of the Court ) (Signature )
FORM No. 56
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GO OD BEHAVIOUR
(See section 493)
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 goo d behaviour of ( name, etc.,
of the principal ), and proof of the breach of the said bond has bee n 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 sho w cause why the said sum should not be paid althoug h
duly called upon to do so, and payment thereof cann ot be enforced by attachment of his movable propert y,
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 Superinte ndent (or Keeper), to receive
the said ( name ) into your custody, together with this warrant, an d 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 )
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 371
STATEMENT OF OBJECTS AND REASONS
The Code of Criminal Procedure, 1973 regulates the procedure for arrest, investigation,
inquiry and trial of offences under the Indian Penal Code and under any other law governingcriminal offences. The Code provides for a mechanism for conducting trials in a criminal case.It gives the procedure for registering a complaint, conducting a trial and passing an order,and filing an appeal against any order.
2. Fast and efficient justice system is an essential component of good governance.
However, delay in delivery of justice due to complex legal procedures, large pendency ofcases in the Courts, low conviction rates, low level of uses of technology in legal system,delays in investigation system, complex procedures, inadequate use of forensics are thebiggest hurdles in speedy delivery of justice, which impacts poor man adversely. In order toaddress these issues a citizens centric criminal procedures are need of hour.
3. The experience of seven decades of Indian democracy calls for comprehensive
review of our criminal laws, including the Code of Criminal Procedure and adopt them inaccordance with the contemporary needs and aspirations of the people.
4. The Government with the mantra, "Sabka Saath, Sabka Vikas, Sabka Vishwas and
Sabka Prayas" is committed to ensure speedy justice to all citizens in conformity with theseconstitutional democratic aspirations. The Government is committed to make comprehensivereview of the framework of criminal laws to provide accessible and speedy justice to all.
5. In view of the above, it is proposed to repeal the Code of Criminal Procedure, 1973
and enact a new law, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023. It provides forthe use of technology and forensic sciences in the investigation of crime and furnishing andlodging of information, service of summons, etc., through electronic communication. Specifictime-lines have been prescribed for time bound investigation, trial and pronouncement ofjudgements. Citizen centric approach have been adopted for supply of copy of first informationreport to the victim and to inform them about the progress of investigation, including bydigital means. In cases where the punishment is seven years or more, the victim shall begiven an opportunity of being heard before withdrawal of the case by the Government.Summary trial has been made mandatory for petty and less serious cases. The accusedpersons may be examined through electronic means, like video conferencing. The magisterialsystem has also been streamlined.
6. The Notes on Clauses explains the various provisions of the Bill.7. The Bill seeks to achieve the above objectives.
N
EW DELHI;
The 9th August , 2023. AMIT SHAH.
Notes on Clauses
Clause 1 of the Bill seeks to provide for short title, extent and commencement.
Clause 2 of the Bill seeks to provide to Definitions.
This Clause relates to definition of certain expressions used in the proposed legislation.
Clause 3 of the Bill relates to Construction of references.
Clause 4 of the Bill relates to Trial of offences under Bhartiya Nyaya Sanhita and other
laws.
This Clause provides all offences under the Bhartiya Nyaya Sanhita, 2023 shall be
investigated, inquired into, tried, and otherwise dealt with according to the provisions.
Clause 5 of the Bill relates to Saving.
This Clause provides, in the absence of a specific provision to the contrary, affect any
special or local law for the time being in force, or any special jurisdiction or power conferred,
or any special form of procedure prescribed, by any other law for the time being in force.
Clause 6 of the Bill relates to Classes of Criminal Courts.
This Clause provides in every State, the Criminal Courts are established, namely,
Courts of Session; Judicial Magistrates of the first class; Judicial Magistrates of the second
class; and Executive Magistrates.
Clause 7 of the Bill relates to Territorial divisions.
This Clause provides 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 consist of districts.
Clause 8 of the Bill relates to Court of Session.
This Clause provides the State Government shall establish a Court of Session for
every sessions division, presided over by a Judge, to be appointed by the High Court.
Clause 9 of the Bill relates to Courts of Judicial Magistrates.
This Clause provides 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.
Clause 10 of the Bill relates to Chief Judicial Magistrate and Additional Chief Judicial
Magistrate.
This Clause provides every district, the High Court shall appoint a Judicial Magistrate
of the first class to be the Chief Judicial Magistrate
Clause 11 of the Bill relates to Special Judicial Magistrates.
This Clause provides the High Court may, if requested by the Central or
State Government, 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 of the first class or of the second class, in respect to particular cases orto particular classes of cases, in any local area and such Magistrates shall be called SpecialJudicial Magistrates.
Clause 12 of the Bill relates to Local jurisdiction of Judicial Magistrates.
This Clause provides, subject to the control of the High Court, the Chief Judicial
Magistrate may, from time to time, define the local limits of the areas.
Clause 13 of the Bill relates to Subordination of Judicial Magistrates.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 373
This Clause provides 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.
Clause 14 of the Bill relates to Executive Magistrates.
This Clause provides that in every district, the State Government may appoint as
many persons as it thinks fit to be Executive Magistrates.
Clause 15 of the Bill relates to Special Executive Magistrates.
This Clause provides 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.
Clause 16 of the Bill relates to Local Jurisdiction of Executive Magistrates.
This Clause provides the District Magistrate may, from time to time, define the local
limits of the areas within which the Executive Magistrates may exercise all or any of the
powers with which they may be invested.
Clause 17 of the Bill relates to Subordination of Executive Magistrates.
This Clause provides all Executive Magistrates shall be subordinate to the District
Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate)
exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate,
subject, however, to the general control of the District Magistrate.
Clause 18 of the Bill relates to Public Prosecutors.
This Clause provides for every High Court, the Central Government or the State
Government shall, after consultation with the High Court, appoint a Public Prosecutor.
Clause 19 of the Bill relates to Assistant Public Prosecutors.
This Clause provides the Central Government and the State Government shall appoint
in every district one or more Assistant Public Prosecutors for conducting prosecutions in
the Courts of Magistrates.
Clause 20 of the Bill relates to Directorate of Prosecution.
This Clause provides the State Government may establish Directorate of Prosecution
in the State consisting of a Director of Prosecution and as many Deputy Directors of
Prosecution.
Clause 21 of the Bill relates to Courts by which offences are triable.
This Clause provides any offence may be tried by the High Court, or the Court of
Session, or any other Court by which such offence is shown in the First Schedule to be
triable.
Clause 22 of the Bill relates to Sentences High Courts and Sessions Judges may pass.
This Clause provides that High Court may pass any sentence authorised by law. 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.
Clause 23 of the Bill relates to sentences which Magistrates may pass.
This Clause provides the Judicial 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 of both.
Clause 24 of the Bill relates to sentence of imprisonment in default of fine.
This Clause provides the Court of a Judicial Magistrate may award such term of
imprisonment in default of payment of fine as is authorised by law subject to certain conditions.
Clause 25 of the Bill relates to Sentence in cases of conviction of several offences at
one trial.
This Clause provides the court shall, considering the gravity of offences, order such
punishments to run concurrently or consecutively.
Clause 26 of the Bill relates to Mode of conferring powers.
This Clause provides 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.
Clause 27 of the Bill relates to Powers of officers appointed.
Clause 28 of the Bill relates to Withdrawal of powers.
This Clause provides the High Court or the State Government, as the case may be, may
withdraw all or any of the powers conferred on any person or by any officer subordinate toit.
Clause 29 of the Bill relates to Powers of Judges and Magistrates exercisable by their
successors-in-office.
This Clause provides the powers and duties of a Judge or Magistrate may be exercised
or performed by his successor-in-office.
Clause 30 of the Bill relates to Powers of superior officers of police.
This Clause provides the 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 areappointed, as may be exercised by such officer within the limits of his station.
Clause 31 of the Bill relates to Public when to assist Magistrates and police.
This Clause provides every person be bound to assist a Magistrate or police officer
reasonably demanding his aid for arrest, prevent breach of peace or to prevent damages topublic property.
Clause 32 of the Bill relates to Aid to person, other than police officer, executing
warrant.
This Clause provides a warrant be 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 isdirected were near at hand and acting in the execution of the warrant.
Clause 33 of the Bill relates to Public to give information of certain offences.
Clause 34 of the Bill relates to Duty of officers employed in connection with the affairs
of a village to make certain report.
This Clause provides 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 the officer in charge of the nearest police station with regards to commission ofcertain offences.
Clause 35 of the Bill relates to circumstances leads to arrest without warrant by the
police.
This Clause provide any police officer may without an order from a Magistrate and
without a warrant, arrest any person commits a cognizable offence and other certaincircumstances.
Clause 36 of the Bill relates to Procedure of arrest and duties of officer making arrest.
Clause 37 of the Bill relates to Designated Police Officer.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 375
This Clause provides the State shall establish a Police control room in every district
and at State level and designate a police officer.
Clause 38 of the Bill relates to Right of arrested person to meet an advocate of his
choice during interrogation.
This Clause provides arrested person, interrogated by the police, he shall be entitled
to meet an advocate of his choice during interrogation, though not throughout interrogation.
Clause 39 of the Bill relates to arrest on refusal to give name and residence.
This Clause provides 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 suchofficer 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.
Clause 40 of the Bill relates to arrest by private person and procedure on such arrest.
This Clause provides 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 proclaimedoffender.
Clause 41 of the Bill relates to arrest by Magistrate.
This Clause provides any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order anyperson to arrest the offender, and may thereupon, subject to the provisions herein containedas to bail, commit the offender to custody.
Clause 42 of the Bill relates to Protection of members of the Armed Forces from arrest.
This Clause provides, no member of the Armed Forces shall be arrested for anything
done or purported to be done by him in the discharge of his official duties except afterobtaining the consent of the Central Government.
Clause 43 of the Bill relates to arrest how made.
This Clause explains about the arrest by 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 asubmission to the custody by word or action with certain exceptions to arrest of woman.
Clause 44 of the Bill relates to search of place entered by person sought to be arrested.
Clause 45 of the Bill relates to pursuit of offenders into other jurisdictions.
This Clause provides 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.
Clause 46 of the Bill relates to unnecessary restraint against arrested person.
This Clause provides person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
Clause 47 of the Bill relates to Person arrested to be informed of grounds of arrest and
of right to bail.
This Clause provides every police officer or other person arresting any person without
warrant shall forthwith communicate to him full particulars of the offence for which he isarrested or other grounds for such arrest.
Clause 48 of the Bill relates to Obligation of person making arrest to inform about the
arrest, etc., to relative or friend.
This Clause provides 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 is being held to any of his relatives, friends or such other persons as may be disclosedor mentioned by the arrested person for the purpose of giving such information and also tothe designated police officer in the district.
Clause 49 of the Bill relates to search of arrested person.
This Clause provides the police officer to whom he makes over the person arrested,
may search such person, and place in safe custody all articles, other than necessary wearingand with a direction female shall be searched by female.
Clause 50 of the Bill relates to power to seize offensive weapons.
Clause 51 of the Bill relates to Examination of accused by medical practitioner at
the request of police officer.
This Clause provides the police officer or other person making any arrest, take
from the person arrested any offensive weapons which he has about his person, and shalldeliver all weapons so taken to the Court or officer before which or whom the officer orperson making the arrest is required by this Sanhita to produce the person arrested.
Clause 52 of the Bill relates to Examination of person accused of rape by medical
practitioner.
Clause 53 of the Bill relates to Examination of arrested person by medical officer.
This Clause provides 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 medicalofficer is not available, by a registered medical practitioner soon after the arrest is made andsubject to certain exceptions.
Clause 54 of the Bill relates to Identification of person arrested.
This Clause provides a person 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 theofficer in charge of a police station, direct the person so arrested to subject himself toidentification by any person or persons in such manner as the Court may deem fit, subject tocertain exceptions.
Clause 55 of the Bill relates to Procedure when police officer deputes subordinate to
arrest without warrant.
Clause 56 of the Bill relates to health and safety of arrested person.
This Clause provides the duty of the person having the custody of an accused to take
reasonable care of the health and safety of the accused.
Clause 57 of the Bill relates to Person arrested to be taken before Magistrate or officer
in charge of police station.
This Clause provides police officer making an arrest without warrant shall, without
unnecessary delay and subject to the provisions herein contained as to bail, take or send theperson arrested before a Judicial Magistrate having jurisdiction in the case, or before theofficer in charge of a police station.
Clause 58 of the Bill relates to Person arrested not to be detained more than twenty-
four hours.
This Clause clarifies 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, andsuch period shall not, in the absence of a special order of a Magistrate, exceed twenty-four
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 377
hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's
Court, whether having jurisdiction or not.
Clause 59 of the Bill relates to Police to report apprehensions.
This Clause provides 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 without warrant, within the limits of their respective stations, whether such persons
have been admitted to bail or otherwise.
Clause 60 of the Bill relates to Discharge of person apprehended.
This Clause provides that no person who has been arrested by a police officer shall be
discharged except on his own bond, or on bail, or under the special order of a Magistrate.
Clause 61 of the Bill relates to Power, on escape, to pursue and retake.
This Clause provides 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.
Clause 62 of the Bill relates to Arrest to be made strictly according to the Sanhita.
This Clause provides that 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.
Clause 63 of the Bill relates to Form of summons.
This Clause provides every summons issued by a Court shall be 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 shall bear the seal of the Court; or in an encrypted or any
other form of electronic communication and shall bear the image of the seal of the Court.
Clause 64 of the Bill relates to service of summons.
Clause 65 of the Bill relates to service of summons on corporate bodies, firms, and
societies.
This Clause provides 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 by letter sent by registered post addressed to the Director, Manager, Secretary
or other officer of the company or corporation in India, in which case the service shall be
deemed to have been effected when the letter would arrive in ordinary course of post.
Clause 66 of the Bill relates to Service when persons summoned cannot be found.
This Clause provides 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
left shall, if so required by the serving officer, sign a receipt therefor on the back of the other
duplicate.
Clause 67 of the Bill relates to Procedure when service cannot be effected as before
provided.
Clause 68 of the Bill relates to Service on Government servant.
This Clause provides 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
in which such person is employed; and such head shall thereupon cause the summons to be
served in the manner provided by section 64, and shall return it to the Court under his
signature with the endorsement required by that section.
Clause 69 of the Bill relates to Service of summons outside local limits.
This Clause provides when a Court desires that a summons issued shall be served at
any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate toa Magistrate within whose local jurisdiction the person summoned resides, or is, to be thereserved.
Clause 70 of the Bill relates to Proof of service in such cases and when serving officer
not present.
Clause 71 of the Bill relates to Service of summons on witness by post.
This Clause provides that a Court issuing a summons to a witness may, in addition to
and simultaneously with the issue of such summons, direct a copy of the summons to beserved by electronic communication or by registered post addressed to the witness at theplace where he ordinarily resides or carries on business or personally works for gain.
Clause 72 of the Bill relates to Form of warrant of arrest and duration.
This Clause provides 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 theCourt and further the warrant shall remain in force until it is cancelled by the Court whichissued.
Clause 73 of the Bill relates to Power to direct security to be taken.
Clause 74 of the Bill relates to Warrants to whom directed.
This Clause provides that 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 necessaryand no police officer is immediately available, direct it to any other person or persons, andsuch person or persons shall execute the same.
Clause 75 of the Bill relates to Warrant may be directed to any person.
This Clause provides 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 escapedconvict, proclaimed offender or of any person who is accused of a non-bailable offence andis evading arrest.
Clause 76 of the Bill relates to Warrant directed to police officer.
This Clause provides 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 itis directed or endorsed.
Clause 77 of the Bill relates to Notification of substance of warrant.
This Clause provides 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 showhim the warrant.
Clause 78 of the Bill relates to Person arrested to be brought before Court without
delay.
This Clause provides the police officer or other person executing a warrant of arrest
shall without unnecessary delay bring the person arrested before the Court before which heis required by law to produce such person with certain exceptions.
Clause 79 of the Bill relates to Where warrant may be executed.
This Clause provides a warrant of arrest may be executed at any place in India.
Clause 80 of the Bill relates to Warrant forwarded for execution outside jurisdiction.
Clause 81 of the Bill relates to Warrant directed to police officer for execution outside
jurisdiction.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 379
This Clause provides that 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 forendorsement either to an Executive Magistrate or to a police officer not below the rank of anofficer in charge of a police station, within the local limits of whose jurisdiction the warrant isto be executed.
Clause 82 of the Bill relates to Procedure on arrest of person against whom warrant
issued.
Clause 83 of the Bill relates to Procedure by Magistrate before whom such person
arrested is brought.
This Clause provides the Executive Magistrate or District Superintendent of Police or
Commissioner of Police shall, if the person arrested appears to be the person intended by theCourt which issued the warrant, direct his removal in custody to such Court with certainexceptions.
Clause 84 of the Bill relates to Proclamation for person absconding.
This Clause provides 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 isconcealing himself so that such warrant cannot be executed, such Court may publish awritten proclamation requiring him to appear at a specified place and at a specified time notless than thirty days from the date of publishing such proclamation.
Clause 85 of the Bill relates to Attachment of property of person absconding.
This Clause provides the Court issuing a proclamation, at any time after the issue of
the proclamation, order the attachment of any property, movable or immovable, or both,belonging to the proclaimed person.
Clause 86 of the Bill relates to Identification and attachment of property of proclaimed
person.
This Clause provides 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 processof requesting assistance from a Court or an authority in the contracting State for identification,attachment and forfeiture of property belonging to a proclaimed person.
Clause 87 of the Bill relates to claims and objections to attachment.
Clause 88 of the Bill relates to Release, sale and restoration of attached property.
This Clause provides that the proclaimed person appears within the time specified in
the proclamation, the Court shall make an order releasing the property from the attachment.
Clause 89 of the Bill relates to Appeal from order rejecting application for restoration
of attached property.
This Clause provides any person aggrieved by any refusal to deliver property or the
proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from thesentences of the first-mentioned Court.
Clause 90 of the Bill relates to Issue of warrant in lieu of, or in addition to, summons.
This Clause provide a Court may issue a summons for the appearance of any person,
issue, after recording its reasons in writing, a warrant for his arrest.
Clause 91of the Bill relates to Power to take bond for appearance.
This Clause provides 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, suchofficer may require such person to execute a bond, with or without sureties, for his appearancein such Court, or any other Court to which the case may be transferred for trial.
Clause 92 of the Bill relates to Arrest on breach of bond for appearance.
This Clause provides any person who is bound by any bond taken to appear before a
Court, does not appear, the officer presiding in such Court may issue a warrant directing thatsuch person be arrested and produced before him.
Clause 93 of the Bill relates to Provisions generally applicable to summonses and
warrants of arrest.
Clause 94 of the Bill relates to Summons to produce document or other thing.
Clause 95 of the Bill relates to Procedure as to documents, parcel or thing in custody
of postal authority.
This Clause provides 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 orHigh Court wanted for the purpose of any investigation, inquiry, trial or other proceeding ,such Magistrate or Court may require the postal authority to deliver the document, parcel orthing to such person as the Magistrate or Court directs.
Clause 96 of the Bill relates to issuing of search-warrant.
Clause 97 of the Bill relates to Search of place suspected to contain stolen property,
forged documents, etc.
Clause 98 of the Bill relates to Power to declare certain publications forfeited and to
issue search-warrants for the same.
Clause 99 of the Bill relates to Application to High Court to set aside declaration of
forfeiture.
Clause 100 of the Bill relates to Search for persons wrongfully confined.
This Clause provides any District Magistrate, Sub-divisional Magistrate or Magistrate
of the first class has reason to believe that any person is confined under such circumstancesthat the confinement amounts to an offence, he may issue a search-warrant, and the personto whom 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.
Clause 101 of the Bill relates to Power to compel restoration of abducted females.
This Clause affords complaint made on oath of the abduction or unlawful detention of
a woman, or a female child under the age of eighteen years for any unlawful purpose, aDistrict Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make anorder for the immediate restoration of such woman to her liberty, or of such female child to herhusband, parent, guardian or other person having the lawful charge of such child, and maycompel compliance with such order, using such force as may be necessary.
Clause 102 of the Bill relates to Directions for search-warrants.
Clause 103 of the Bill relates to Persons in charge of closed place to allow search.
Clause 104 of the Bill relates to Disposal of things found in search beyond jurisdiction.
Clause 105 of the Bill relates to Recording of search and seizure through audio-video
electronic means.
This Clause seeks to provide the process of conducting search of a place or taking
possession of any property, article or thing, including preparation of the list of all thingsseized in the course of such search and seizure and signing of such list by witnesses, shallbe recorded through any audio-video electronic means preferably cell phone and the policeofficer shall without delay forward such recording to the concern authority.
Clause 106 of the Bill relates to Power of police officer to seize certain property.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 381
This Clause seeks to provide any police officer may seize any property which may be
alleged or suspected to have been stolen, or which may be found under circumstances whichcreate suspicion of the commission of any offence.
Clause 107 of the Bill relates to Attachment.
Clause 108 of the Bill relates to Magistrate may direct search in his presence.
This Clause seeks to provide 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.,forfeiture or restoration of property.
Clause 109 of the Bill relates to Power to impound document or thing produced before
Court.
This Clause seeks to provide any Court may impound any document or thing produced
before it.
Clause 110 of the Bill relates to Reciprocal arrangements regarding processes.
Clause 111 of the Bill relates to Definitions.
This Clause relates to certain definitions in respect of Chapter VIII of the Reciprocal
arrangements for assistance in certain matters and procedure for attachment and forfeiture of
property outside India.
Clause 112 of the Bill relates to Letter of request to competent authority for investigation
in a country or place outside India.
Clause 113 of the Bill relates to Letter of request from a country or place outside India
to a Court or an authority for investigation in India.
This Clause seeks to provide, 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 examination of any person or production of any document or thing in relation to
an offence under investigation in that country or place, the Central Government may forward
the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in thisbehalf, who shall thereupon summon the person before him and record his statement or
cause the document or thing to be produced; or 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.
Clause 114 of the Bill relates to Assistance in securing transfer of persons.
This Clause seeks to provide, 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 be executed in any place in a contracting State, it shall send such warrant induplicate in such form to such Court, Judge or Magistrate through such authority, as the
Central Government may, by notification, specify in this behalf and that Court, Judge or
Magistrate, as the case may be, shall cause the same to be executed.
Clause 115 of the Bill relates to Assistance in relation to orders of attachment or
forfeiture of property.
This Clause seeks to provide, the 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 from the commission of an offence, it may make an order of attachment orforfeiture of such property.
Clause 116 of the Bill relates to Identifying unlawfully acquired property.
This Clause seeks to provide that the Court shall, on receipt of a letter of request,
direct any police officer not below the rank of Sub-Inspector of Police to take all stepsnecessary for tracing and identifying such property include any inquiry, investigation or
survey in respect of any person, place, property, assets, documents, books of account in any
bank or public financial institutions or any other relevant matters.
Clause 117 of the Bill relates to Seizure or attachment of property.
This Clause seeks to provide that any officer conducting an inquiry or investigation
under section 116 has a reason to believe that any property in relation to which such inquiryor investigation is being conducted is likely to be concealed transferred or dealt with in anymanner which will result in disposal of such property, he may make an order for seizing suchproperty and where it is not practicable to seize such property, he may make an order ofattachment directing that such property shall not be transferred or otherwise dealt with,
except with the prior permission of the officer making such order, and a copy of such order
shall be served on the person concerned.
Clause 118 of the Bill relates to Management of properties seized or forfeited under
this Chapter.
This Clause seeks to provide that 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.
Clause 119 of the Bill relates to Notice of forfeiture of property.
Clause 120 of the Bill relates to Forfeiture of property in certain cases.
This Clause seeks to provide that the Court may, after considering the explanation, if
any, to the show-cause notice issued and the material available before it and after giving tothe person affected and a reasonable opportunity of being heard, by order, record a finding
whether all or any of the properties in question are proceeds of crime with certain exceptions.
Clause 121 of the Bill relates to Fine in lieu of forfeiture.
This Clause seeks to provide that the Court makes a declaration that any property
stands forfeited to the Central Government 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.
Clause 122 of the Bill relates to Certain transfers to be null and void.
This Clause seeks to provide after the making of an order under sub-section ( 1) of
section 117 or the issue of a notice under section 119, any property referred to in the saidorder or notice is transferred by any mode whatsoever such transfers shall, for the purposesof 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.
Clause 123 of the Bill relates to Procedure in respect of letter of request.
This Clause seeks to provide every letter of request, summons or warrant, received by
the Central Government from, and every letter of request, summons or warrant, to betransmitted 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.
Clause 124 of the Bill relates to power of the Central Government to issue notification
with regards to the application of Chapter VIII with the contracting State.
This Clause seeks to provide 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.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 383
Clause 125 of the Bill relates to Security for keeping the peace on conviction.
This Clause seeks to provide a Court of Session or Court of a Magistrate of the first
class convicts a person of any of the offences or of abetting and is of opinion that it isnecessary to take security from such person for keeping the peace, the Court may, at the timeof passing sentence on such person, order him to execute a bond, with or without sureties,for keeping the peace for such period, not exceeding three years.
Clause 126 of the Bill relates to Security for keeping the peace in other cases.
This Clause seeks to provide an Executive Magistrate receives information that any
person is likely to commit a breach of the peace or disturb the public tranquility or to do anywrongful act that may probably occasion a breach of the peace or disturb the public tranquilityand is of opinion that there is sufficient ground for proceeding, he may, in the mannerhereinafter provided, require such person to show cause why he should not be ordered toexecute a bond with or without sureties, for keeping the peace for such period, not exceedingone year, as the Magistrate thinks fit.
Clause 127 of the Bill relates to Security for good behaviour from persons disseminating
seditious matters.
Clause 128 of the Bill relates to Security for good behaviour from suspected persons.
This Clause seeks to provide an Executive Magistrate receives information that there
is within his local jurisdiction a person taking precautions to conceal his presence and thatthere is reason to believe that he is doing so with a view to committing a cognizable offence,the Magistrate may, in the manner hereinafter provided, require such person to show causewhy he should not be ordered to execute a bond, with or without sureties, for his goodbehaviour for such period, not exceeding one year, as the Magistrate thinks fit.
Clause 129 of the Bill relates to Security for good behaviour from habitual offenders.
This Clause seeks to provide an Executive Magistrate receives information that there
is within his local jurisdiction a person who is a habitual offender, require such person toshow cause why he should not be ordered to execute a bond, with sureties, for his goodbehaviour for such period, not exceeding three years, as the Magistrate thinks fit.
Clause 130 of the Bill relates to Order to be made.
This Clause seeks to provide a Magistrate require any person to show cause under
such section, shall make an order in writing, setting forth the substance of the informationreceived, the amount of the bond to be executed, the term for which it is to be in force and thenumber of sureties, after considering the fitness for payment of sureties.
Clause 131 of the Bill relates to Procedure in respect of person present in Court.
This Clause seeks to provide 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 shallbe explained to him.
Clause 132 of the Bill relates to Summons or warrant in case of person not so present.
This Clause seeks to provide, when a person is not present in Court, the Magistrate
shall issue a summons requiring him to appear, or, when such person is in custody, a warrantdirecting the officer in whose custody he is to bring him before the Court with certainexceptions.
Clause 133 of the Bill relates to Copy of order to accompany summons or warrant.
This Clause seeks to provide every summons or a copy of the order shall accompany
warrant issued under Clause 132 and the officer serving shall deliver such copy or executing
such summons or warrant to the person served with, or arrested under, the same.
Clause 134 of the Bill relates to Power to dispense with personal attendance.
This Clause seeks to provide 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 beordered to execute a bond for keeping the peace or for good behaviour and may permit him
to appear by a pleader.
Clause 135 of the Bill relates to Inquiry as to truth of information.
This Clause seeks to provide the Magistrate shall proceed to inquire into the truth of
the information upon which action has been taken, and to take such further evidence as may
appear necessary.
Clause 136 of the Bill relates to Order to give security.
This Clause seeks to provide 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, with or without sureties, the Magistrate shall make an order
accordingly.
Clause 137 of the Bill relates to Discharge of person informed against.
This Clause seeks to provide, on an inquiry, 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 anentry 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.
Clause 138 of the Bill relates to Commencement of period for which security is required.
Clause 139 of the Bill relates to Contents of bond.
This Clause seeks to provide that the 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 lattercase the commission or attempt to commit, or the abetment of, any offence punishable with
imprisonment, wherever it may be committed, is a breach of the bond.
Clause 140 of the Bill relates to Power to reject sureties.
This Clause seeks to provide that the 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 ground that such surety is an unfit person for the purposes of the bond with
certain exceptions.
Clause 141 of the Bill relates to Imprisonment in default of security.
This Clause seeks to provide that any person ordered to give security , does not give
such security on or before the date on which the period for which such security 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 period expires or until within
such period he gives the security to the Court or Magistrate who made the order requiring it.
Clause 142 of the Bill relates toPower to release persons imprisoned for failing to give
security.
Clause 143 of the Bill relates toSecurity for unexpired period of bond.
This Clause seeks to provide that a person for whose appearance a summons or
warrant has been issued, appears or is brought before the Magistrate or Court, the Magistrate
or Court shall cancel the bond executed by such person and shall order such person to give,
for the unexpired portion of the term of such bond, fresh security of the same description asthe original security.
Clause 144 of the Bill relates to Order for maintenance of wives, children and parents.
This Clause seeks to provide that any person having sufficient means neglects or
refuses to maintain his wife, unable to maintain herself, or his legitimate or illegitimateminor child, whether married or not, unable to maintain itself, or his legitimate or illegitimate
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 385
child (not being a married daughter) who has attained majority, where such child is, by
reason of any physical or mental abnormality or injury unable to maintain itself, or his father
or mother, unable to maintain himself or herself, a Judicial Magistrate of the first class may,
upon proof of such neglect or refusal, order such person to make a monthly allowance for themaintenance of his wife or such child, father or mother, at such monthly rate as such Magistratethinks fit and to pay the same to such person as the Magistrate may from time to time direct
with certain exceptions.
Clause 145 of the Bill relates to jurisdiction of filing application under section 144 and
procedures for recording the evidence.
This Clause seeks to fix the jurisdiction for making application, any person in any
district where he is, or where he or his wife resides, or where he last resided with his wife, or
as the case may be, with the mother of the illegitimate child.
Clause 146 of the Bill relates toAlteration in allowance.
This Clause seeks to provide that on proof of a change in the circumstances of any
person, a monthly allowance for the maintenance or interim maintenance, or ordered under
the same section to pay a monthly allowance for the maintenance, or interim maintenance, tohis wife, child, father or mother, as the case may be, the Magistrate may make such alteration,as he thinks fit, in the allowance for the maintenance or the interim maintenance.
Clause 147 of the Bill relates toEnforcement of order of maintenance.
This Clause seeks to provide that a copy of the order of maintenance or interim
maintenance and expenses of proceedings, as the case may be, shall be given withoutpayment to the person in whose favour it is made, or to his guardian, if any, or to the person
to whom the allowance for the maintenance or the allowance for the interim maintenance and
expenses of proceeding, as the case may be, is to be paid; and such order may be enforcedby any Judicial Magistrate in any place where the person against whom it is made may be, onsuch Magistrate being satisfied as to the identity of the parties and the non-payment of the
allowance, or as the case may be, expenses, due.
Clause 148 of the Bill relates to Dispersal of assembly by use of civil force.
This Clause seeks to provide that the 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 to cause a disturbance of the public peace, to disperse; and it shallthereupon be the duty of the members of such assembly to disperse accordingly.
Clause 149 of the Bill relates to Use of armed forces to disperse assembly.
This Clause seeks to provide thatany assembly cannot otherwise be dispersed, and it
is necessary for the public security that it should be dispersed, the District Magistrate or anyother Executive Magistrate authorised by him, who is present, may cause it to be dispersedby the armed forces.
Clause 150 of the Bill relates to Power of certain armed force officers to disperse
assembly.
This Clause seeks to provide thatthe public security is manifestly endangered by any
such assembly and no Executive Magistrate can be communicated with, any commissioned
or Gazetted Officer of the armed forces may disperse such assembly with the help of the
armed forces under his command, and may arrest and confine any persons forming part of it,in order to disperse such assembly or that they may be punished according to law; but if,while he is acting under this section, it becomes practicable for him to communicate with an
Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the
Magistrate, as to whether he shall or shall not continue such action.
Clause 151 of the Bill relates to Protection against prosecution for acts done under
sections 148, 149 and 150.
This Clause seeks to provide 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 CriminalCourt except with the sanction of the Central Government where such person is an officer ormember of the armed forces or the State Government in any other case;
Clause 152 of the Bill relates to Conditional order for removal of nuisance.
Clause 153 of the Bill relates to the service or notification of order against the removal
of nuisance.
Clause 154 of the Bill relates to person against the order is addressed to obey or show
cause.
Clause 155 of the Bill relates to consequences of failure in compliance with the order
for removal of nuisance.
Clause 156 of the Bill relates to Procedures to be followed in existence of public right
is denied.
Clause 157 of the Bill relates to Procedure on appearance to show cause.
Clause 158 of the Bill relates to Power of Magistrate to direct local investigation and
examination of an expert.
Clause 159 of the Bill relates to Power of Magistrate to furnish written instructions,
etc.
Clause 160 of the Bill relates to Procedure on order being made absolute and
consequences of disobedience.
Clause 161 of the Bill relates to Injunction to prevent imminent danger or injury during
pending inquiry.
Clause 162 of the Bill relates to Magistrate may prohibit repetition or continuance of
public nuisance.
Clause 163 of the Bill relates to Power to issue order in urgent cases of nuisance or
apprehended danger.
Clause 164 of the Bill relates to Procedure where dispute concerning land or water is
likely to cause breach of peace.
Clause 165 of the Bill relates to Power to attach subject of dispute and to appoint
receiver.
Clause 166 of the Bill relates to Dispute concerning right of use of land or water.
Clause 167 of the Bill relates to Local inquiry by the District Magistrate.
Clause 168 of the Bill relates to power of police to prevent cognizable offences.
Clause 169 of the Bill relates to Information of design to commit cognizable offences.
Clause 170 of the Bill relates to power of the police to arrest to prevent the commission
of cognizable offences.
Clause 171 of the Bill relates to Prevention of injury to public property.
Clause 172 of the Bill relates to Persons bound to conform to lawful directions of
police.
Clause173 of the Bill relates to Information in cognizable cases.
Clause 174 of the Bill relates to Information as to non-cognizable cases and
investigation of such cases.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 387
Clause 175 of the Bill relates to power of police officer to investigate cognizable case.
Clause 176 of the Bill relates to Procedure for investigation by the police officer upon
receipt of information.
Clause 177 of the Bill relates to submission of Report to the Magistrate.
Clause 178 of the Bill relates to Power to hold investigation or preliminary inquiry.
Clause 179 of the Bill relates to Police officer's power to require attendance of witnesses.
Clause 180 of the Bill relates to Examination of witnesses by police.
Clause 181 of the Bill relates to statements to the police and use thereof.
Clause 182 of the Bill relates to no inducement to be offered.
Clause 183 of the Bill relates to Recording of confessions and statements.
Clause 184 of the Bill relates to Medical examination of the victim of rape.
Clause 185 of the Bill relates to Search by police officer.
Clause 186 of the Bill relates to search warrant when officer in charge of police station
may require another to issue search-warrant.
Clause 187 of the Bill relates to Procedure when investigation cannot be completed in
twenty-four hours.
Clause 188 of the Bill relates to Report of investigation by subordinate police officer.
This Clause provides that any subordinate police officer has made any investigation,
shall report the result of such investigation to the officer in charge of the police station.
Clause 189 of the Bill relates to Release of accused when evidence deficient.
Clause 190 of the Bill relates to Cases to be sent to Magistrate, when evidence is
sufficient.
Clause 191 of the Bill relates to Complainant and witnesses not to be required to
accompany police officer and not to be subjected to restraint.
Clause 192 of the Bill relates to Diary of proceedings in investigation.
Clause 193 of the Bill relates to Report of police officer on completion of investigation.
Clause 194 of the Bill relates to Police to enquire and report on suicide, etc.
Clause 195 of the Bill relates to Power to summon persons.
Clause 196 of the Bill relates to Inquiry by Magistrate into cause of death.
Clause 197 of the Bill relates to Ordinary place of inquiry and trial.
Clause 198 of the Bill relates to Place of inquiry or trial.
Clause 199 of the Bill relates to Offence triable where act is done or consequence
ensues. This Clause provides that 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 ortried by a Court within whose local jurisdiction such thing has been done or such consequencehas ensued.
Clause 200 of the Bill relates to Place of trial where act is an offence by reason of
relation to other offence.
This Clause provides that 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 committingan offence, the first-mentioned offence may be inquired into or tried by a Court within whoselocal jurisdiction either act was done.
Clause 201 of the Bill relates to Place of trial in case of certain offences.
Clause 202 of the Bill relates to Offences committed by means of electronic
communications, letters, etc.
Clause 203 of the Bill relates to Offence committed on journey or voyage.
Clause 204 of the Bill relates to Place of trial for offences triable together.
Clause 205 of the Bill relates to Power to order cases to be tried in different sessions
divisions.
Clause 206 of the Bill relates to High Court to decide, in case of doubt, district where
inquiry or trial shall take place.
Clause 207 of the Bill relates to Power to issue summons or warrant for offence
committed beyond local jurisdiction.
Clause 208 of the Bill relates to Offence committed outside India.
Clause 209 of the Bill relates to Receipt of evidence relating to offences committed
outside India.
Clause 210 of the Bill relates to Cognizance of offences by Magistrates.
Clause 211 of the Bill relates toTransfer of criminal cases on application of the accused.
Clause 212 of the Bill relates to Making over of cases to Magistrates.
Clause 213 of the Bill relates to Cognizance of offences by Courts of Session.
This Clause provides that 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 ofany offence as a Court of original jurisdiction unless the case has been committed to it bya Magistrate under this Sanhita.
Clause 214 of the Bill relates to Additional Sessions Judges to try cases made over
to them.
This Clause provides that 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 trialor as the High Court may, by special order, direct him to try.
Clause 215 of the Bill relates to Prosecution for contempt of lawful authority of
public servants, for offences against public justice and for offences relating to documentsgiven in evidence.
Clause 216 of the Bill relates to Procedure for witnesses in case of threatening,
etc.
This Clause provides that witness or any other person may file a complaint in relation
to an offence under section 230 of the Bhartiya Nyaya Sanhita, 2023.
Clause 217 of the Bill relates to Prosecution for offences against the State and for
criminal conspiracy to commit such offence.
Clause 218 of the Bill relates to Prosecution of Judges and public servants.
Clause 219 of the Bill relates to Prosecution for offences against marriage.
Clause 220 of the Bill relates to Prosecution of offences under section 498A of
the Bhartiya Nyaya Sanhita, 2023.
Clause 221 of the Bill relates to Cognizance of offence.
This Clause provides that No Court shall take cognizance of an offence punishable
under section 67 of the Bhartiya Nyaya Sanhita, 2023 where the persons are in a maritalrelationship, except upon prima facie satisfaction of the facts which constitute the offenceupon a complaint having been filed or made by the wife against the husband.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 389
Clause 222 of the Bill relates to Prosecution for defamation.
This Clause provides that no Court shall take cognizance of an offence punishable
under Chapter XIX of the Bhartiya Nyaya Sanhita, 2023 except upon a complaint made by
some person aggrieved by the offence, subject to certain exceptions.
Clause 223 of the Bill relates to Examination of complainant.
This Clause provides that 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 signedby the complainant and the witnesses, and also by the Magistrate, subject to certainexceptions.
Clause 224 of the Bill relates to Procedure by Magistrate not competent to take
cognizance of the case.
This Clause provides that the complaint is made to a Magistrate who is not competent
to take cognizance of the offence, he shall, return it for presentation to the proper Court with
an endorsement to that effect and direct the complainant to the proper Court.
Clause 225 of the Bill relates to Postponement of issue of process.
Clause 226 of the Bill relates to Dismissal of complaint.
This Clause provides that the Magistrate is of opinion that there is no sufficient
ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly
record his reasons.
Clause 227 of the Bill relates to Issue of process.
This Clause provides that the Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be a summons-case, he shall issue
summons to the accused for his attendance, or a warrant-case, he may issue a warrant, or, ifhe thinks fit, a summons, for causing the accused to be brought or to appear at a certain timebefore such Magistrate or some other Magistrate having jurisdiction.
Clause 228 of the Bill relates to Magistrate may dispense with personal attendance of
accused.
This Clause provides that the Magistrate issues a summons, dispense with the
personal attendance of the accused and permit him to appear by his pleader and further at
any stage of the proceedings, direct the personal attendance of the accused, and, if necessary,
enforce such attendance.
Clause 229 of the Bill relates to Special summons in cases of petty offence.
This Clause provides that the Magistrate taking cognizance of a petty offence, issue
summons to the accused requiring him either to appear in person or by pleader before the
Magistrate on a specified date, or if he desires to plead guilty to the charge without appearingbefore the Magistrate, to transmit before the specified date, by post or by messenger to theMagistrate, the said plea in writing and the amount of fine specified in the summons or if he
desires to appear by pleader and to plead guilty to the charge through such pleader, to
authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay thefine through such pleader.
Clause 230 of the Bill relates to Supply to the accused of copy of police report and
other documents.
This Clause provides that the proceeding has been instituted on a police report, the
Magistrate shall without delay, and in no case beyond fourteen days from the date ofproduction or appearance of the accused, furnish to the accused and the victim, free of cost.
Clause 231 of the Bill relates to supply of copies of statements and documents to
accused in other cases triable by Court of Session.
This Clause provides when a case instituted otherwise than on a police report, it
appears to the Magistrate issuing process under Clause 227 that the offence is triable
exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused,free of cost.
Clause 232 of the Bill relates to Commitment of case to Court of Session when offence
is triable exclusively by it.
This Clause provides when a case instituted on a police report or otherwise, the
accused appears or is brought before the Magistrate and it appears to the Magistrate thatthe offence is triable exclusively by the Court of Session, commit, after complying with theprovisions of Clause 230or Clause 231.
Clause 233 of the Bill relates to Procedure to be followed when there is a complaint
case and police investigation in respect of the same offence.
Clause 234 of the Bill relates to Contents of charge.
Clause 235 of the Bill relates to Particulars as to time, place and person.
Clause 236 of the Bill relates to When manner of committing offence must be stated.
This Clause provides that the nature of the case is such that the particulars mentioned
in clauses 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.
Clause 237 of the Bill relates to words in charge taken in sense of law under which
offence is punishable.
This Clause provides that 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 underwhich such offence is punishable.
Clause 238 of the Bill relates to Effect of errors.
This Clause provides that 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 misledby such error or omission, and it has occasioned a failure of justice.
Clause 239 of the Bill relates to Court may alter charge.
Clause 240 of the Bill relates to Recall of witnesses when charge altered.
This Clause provides that 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 to recall orre-summon, and examine with reference to such alteration or addition, any witness who mayhave been examined, unless the Court, for reasons to be recorded in writing, considers thatthe prosecutor or the accused, as the case may be, desires to recall or re-examine suchwitness for the purpose of vexation or delay or for defeating the ends of justice and also tocall any further witness whom the Court may think to be material.
Clause 241 of the Bill relates to Separate charges for distinct offences.
This Clause provides for every distinct offence of which any person is accused there
shall be a separate charge, and every such charge shall be tried separately, subject to certainconditions.
Clause 242 of the Bill relates to Offences of same kind within year may be charged
together.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 391
This Clause provides that 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 and Offences are of the same kind when they arepunishable with the same amount of punishment under the same section of the BharatiyaNyaya Sanhita, 2023 or of any special or local law, subject to certain conditions.
Clause 243 of the Bill relates to Trial for more than one offence.
Clause 244 of the Bill relates to Where it is doubtful what offence has been committed.
This Clause deals with 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 suchcharges may be tried at once; or he may be charged in the alternative with having committedsome one of the said offences.
Clause 245 of the Bill relates to When offence proved included in offence charged.
Clause 246 of the Bill relates to What persons may be charged jointly.
Clause 247 of the Bill relates to Withdrawal of remaining charges on conviction on
one of several charges.
This Clause provides that 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,or the 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 trial
of, such charge or charges and such withdrawal shall have the effect of an acquittal on such
charge 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.
Clause 248 of the Bill relates toT rial to be conducted by Public Prosecutor.
This Clause provides that every trial before a Court of Session, the prosecution shall
be conducted by a Public Prosecutor.
Clause 249 of the Bill relates to Opening case for prosecution.
This Clause provides that the accused appears or is brought before the Court, in
pursuance of a commitment of the case under Clause 232, or under any other law for the time
being in force, the prosecutor shall open his case by describing the charge brought againstthe accused and stating by what evidence he proposes to prove the guilt of the accused.
Clause 250 of the Bill relates to Discharge.
This Clause provides that the accused may prefer an application for discharge within
a period of sixty days from the date committal under Clause 232 and if, upon consideration
of the record of the case and the documents submitted therewith, and after hearing thesubmissions of the accused and the prosecution in this behalf, the Judge considers thatthere is not sufficient ground for proceeding against the accused, he shall discharge theaccused and record his reasons for so doing.
Clause 251 of the Bill relates to Framing of charge.
Clause 252 of the Bill relates to Conviction on plea of guilty.
This Clause provides that the accused pleads guilty, the Judge shall record the plea
and may, in his discretion, convict him thereon.
Clause 253 of the Bill relates to Date for prosecution evidence.
This Clause provides that the accused refuses to plead, or does not plead, or claims to
be tried or is not convicted under Clause 252, the Judge shall fix a date for the examination
of witnesses, and may, on the application of the prosecution, issue any process for compelling
the attendance of any witness or the production of any document or other thing.
Clause 254 of the Bill relates to Evidence for prosecution.
Clause 255 of the Bill relates to Acquittal.
This Clause provides that after taking the evidence for the prosecution, examining the
accused and hearing the prosecution and the defence on the point, the Judge considers thatthere is no evidence that the accused committed the offence, the Judge shall record an orderof acquittal.
Clause 256 of the Bill relates to Entering upon defence.
Clause 257 of the Bill relates to Arguments.
This Clause provides that the examination of the witnesses (if any) for the defence is
complete, the prosecutor shall sum up his case and the accused or his pleader shall beentitled to reply, subject to certain conditions.
Clause 258 of the Bill relates to Judgment of acquittal or conviction.
Clause 259 of the Bill relates to Previous conviction.
This Clause provides that 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, subject to certain conditions.
Clause 260 of the Bill relates to Procedure in cases instituted under section 223(1).
Clause 261 of the Bill relates to Compliance with section 231.
Clause 262 of the Bill relates to When accused shall be discharged.
Clause 263 of the Bill relates to Framing of charge.
This Clause provides that upon such consideration, examination, if any, and hearing,
the Magistrate is of opinion that there is ground for presuming that the accused has committedan offence triable under this Chapter, which such Magistrate is competent to try and which,in his opinion, could be adequately punished by him, he shall frame in writing a chargeagainst the accused within a period of sixty days from the date of first hearing on charge.
Clause 264 of the Bill relates to Conviction on plea of guilty.
This Clause provides that the accused pleads guilty, the Magistrate shall record the
plea and may, in his discretion, convict him thereon.
Clause 265 of the Bill relates to Evidence for prosecution.
Clause 266 of the Bill relates to Evidence for defence.
Clause 267 of the Bill relates to Evidence for prosecution.
Clause 268 of the Bill relates to When accused shall be discharged.
Clause 269 of the Bill relates to Procedure where accused is not discharged.
Clause 270 of the Bill relates to Evidence for defence.
This Clause provides that 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.
Clause 271 of the Bill relates to Acquittal or conviction.
Clause 272 of the Bill relates to Absence of complainant.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 393
This Clause provides that 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 maybe 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 anything
hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Clause 273 of the Bill relates to Compensation for accusation without reasonable
cause.
Clause 274 of the Bill relates to Substance of accusation to be stated.
This Clause provides that 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 tohim, and he shall be asked whether he pleads guilty or has any defence to make, but it shallnot be necessary to frame a formal charge, subject to certain condition.
Clause 275 of the Bill relates to Conviction on plea of guilty.
This Clause provides that 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.
Clause 276 of the Bill relates to Conviction on plea of guilty in absence of accused in
petty cases.
Clause 277 of the Bill relates to Procedure when not convicted.
Clause 278 of the Bill relates to Acquittal or conviction.
Clause 279 of the Bill relates to Non-appearance or death of complainant.
Clause 280 of the Bill relates to Withdrawal of complaint.
This Clause provides that 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 forpermitting him to withdraw his complaint against the accused, or if there be more than oneaccused, against all or any of them, the Magistrate may permit him to withdraw the same, andshall thereupon acquit the accused against whom the complaint is so withdrawn.
Clause 281 of the Bill relates to Power to stop proceedings in certain cases.
This Clause provides that 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 proceedingsat any stage without pronouncing any judgment and where such stoppage of proceedings is
made after the evidence of the principal witnesses has been recorded, pronounce a judgment
of acquittal, and in any other case, release the accused, and such release shall have the effectof discharge.
Clause 282 of the Bill relates to Power of Court to convert summons-cases into
warrant-cases.
This Clause provides that 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 theMagistrate that in the interests of justice, the offence should be tried in accordance with theprocedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case inthe manner provided by this Sanhita for the trial of warrant-cases and may re-call any witness
who may have been examined.
Clause 283 of the Bill relates toPower to try summarily.
Clause 284 of the Bill relates to Summary trial by Magistrate of the second class.
This Clause provides that 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.
Clause 285 of the Bill relates to Procedure for summary trials.
This Clause provides that trials under this Chapter XXIII, the procedure specified in
this Sanhita for the trial of summons-case shall be followed except as hereinafter mentionedand No sentence of imprisonment for a term exceeding three months shall be passed in thecase of any conviction under this Chapter.
Clause 286 of the Bill relates to Record in summary trials.
Clause 287 of the Bill relates to Judgment in cases tried summarily.
This Clause provides that 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.
Clause 288 of the Bill relates to Language of record and judgment.
This Clause provides that Every such record and judgment shall be written in the
language of the Court and The High Court may authorise any Magistrate empowered to try
offences summarily to prepare the aforesaid record or judgment or both by means of anofficer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgmentso prepared shall be signed by such Magistrate.
Clause 289 of the Bill relates to Application of the Chapter.
Clause 290 of the Bill relates to Application for plea bargaining.
Clause 291 of the Bill relates to Guidelines for mutually satisfactory disposition.
Clause 292 of the Bill relates to Report of the mutually satisfactory disposition to be
submitted before the Court.
Clause 293 of the Bill relates to Disposal of the case.
Clause 294 of the Bill relates to Judgment of the Court.
This Clause provides that 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.
Clause 295 of the Bill relates to Finality of the judgment.
This Clause provides that 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.
Clause 296 of the Bill relates to Power of the Court in plea bargaining.
This Clause provides that 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
relating to the disposal of a case in such Court under this Sanhita.
Clause 297 of the Bill relates to Period of detention undergone by the accused to be
set off against the sentence of imprisonment.
This Clause provides that the provisions of section 469 shall apply, for setting off the
period of detention undergone by the accused against the sentence of imprisonment imposedunder this Chapter, in the same manner as they apply in respect of the imprisonment underother provisions of this Sanhita.
Clause 298 of the Bill relates to Savings.
This Clause provides that the provisions of Chapter XXIV shall have effect
notwithstanding anything inconsistent therewith contained in any other provisions of thisSanhita and nothing in such other provisions shall be construed to constrain the meaning ofany provision of this Chapter.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 395
Clause 299 of the Bill relates to Statements of accused not to be used.
This Clause provides that 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 thepurpose of this Chapter.
Clause 300 of the Bill relates to Non-application of the Chapter.
It provides that 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.
Clause 301 of the Bill relates to Definitions.
This Clause relates to certain definitions in respect of Chapter XXV of the Attendance
of persons confined or detained in prisons.
Clause 302 of the Bill relates to Power to require attendance of prisoners.
Clause 303 of the Bill relates to Power of State Government or Central Government to
exclude certain persons from operation of section 302.
Clause 304 of the Bill relates to Officer in charge of prison to abstain from carrying out
order in certain contingencies.
Clause 305 of the Bill relates to Prisoner to be brought to Court in custody.
This Clause provides that 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) ofsection 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, soas to be present there at the time mentioned in the order, and shall cause him to be kept incustody in or near the Court until he has been examined or until the Court authorises him to
be taken back to the prison in which he was confined or detained.
Clause 306 of the Bill relates to Power to issue commission for examination of witness
in prison. The provisions of this Chapter shall be without prejudice to the power of the Courtto issue, under section 319, a commission for the examination, as a witness, of any personconfined or detained in a prison; and the provisions of Part B of Chapter XXVI shall apply in
relation to the examination on commission of any such person in the prison as they apply in
relation to the examination on commission of any other person.
Clause 307 of the Bill relates to Language of Courts. This Clause provides that the
State Government may determine what shall be, for purposes of this Sanhita, the language ofeach Court within the State other than the High Court.
Clause 308 of the Bill relates to Evidence to be taken in presence of accused.
This Clause provides that 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 personal attendance is dispensed with, in the presence of his pleader, subject to
certain condition. It is also
Clause 309 of the Bill relates to Record in summons-cases and inquiries.
This Clause provides that all summons-cases tried before a Magistrate, in all inquiries
under sections 165 to 168 (both inclusive), and in all proceedings under section 493 otherwise
than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds,
make a memorandum of the substance of the evidence in the language of the Court, subjectto certain condition.
Clause 310 of the Bill relates to Record in warrant-cases.
Clause 311 of the Bill relates to Record in trial before Court of Session.
Clause 312 of the Bill relates to language of record of evidence.
Clause 313 of the Bill relates to procedure in regard to such evidence when completed.
Clause 314 of the Bill relates to interpretation of evidence to accused or his pleader.
Clause 315 of the Bill relates to remarks respecting demeanour of witness.
This Clause provides that 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 of such witness whilst under examination.
Clause 316 of the Bill relates to record of examination of accused.
Clause 317 of the Bill relates to interpreter to be bound to interpret truthfully.
This Clause provides for 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 trueinterpretation of such evidence or statement.
Clause 318 of the Bill relates to record in High Court.
This Clause provides that 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 downin cases coming before it, and such evidence and examination shall be taken down inaccordance with such rule.
Clause 319 of the Bill relates to when attendance of witness may be dispensed with
and commission issued.
Clause 320 of the Bill relates to commission to whom to be issued.
Clause 321 of the Bill relates to execution of Commissions.
This Clause provides that the receipt of the commission, the Chief Judicial Magistrate
or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before himor proceed to the place where the witness is, and shall take down his evidence in the samemanner, and may for this purpose exercise the same powers, as in trials or warrant-casesunder this Sanhita.
Clause 322 of the Bill relates to parties may examine witnesses.
Clause 323 of the Bill relates to return of commission.
Clause 324 of the Bill relates to adjournment of proceeding.
This Clause provides that every case in which a commission is issued under section
319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonablysufficient for the execution and return of the commission.
Clause 325 of the Bill relates to execution of foreign commissions.
Clause 326 of the Bill relates to deposition of medical witness.
Clause 327 of the Bill relates to identification report of Magistrate.
Clause 328 of the Bill relates to evidence of officers of the Mint.
Clause 329 of the Bill relates to reports of certain Government scientific experts.
Clause 330 of the Bill relates to no formal proof of certain documents.
Clause 331 of the Bill relates to affidavit in proof of conduct of public servants.
This Clause provides that 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 respectingany public servant, the applicant may give evidence of the facts alleged in the application byaffidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be sogiven.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 397
Clause 332 of the Bill relates to evidence of formal character on affidavit.
Clause 333 of the Bill relates to authorities before whom affidavits may be sworn.
Clause 334 of the Bill relates to previous conviction or acquittal how proved.
Clause 335 of the Bill relates to record of evidence in absence of accused.
Clause 336 of the Bill relates to evidence of public servants, experts, police officers in
certain cases.
Clause 337 of the Bill relates to person once convicted or acquitted not to be tried for
same offence.
Clause 338 of the Bill relates to appearance by Public Prosecutors.
Clause 339 of the Bill relates to permission to conduct prosecution.
Clause 340 of the Bill relates to right of person against whom proceedings are instituted
to be defended.
This Clause provides that any person accused of an offence before a Criminal Court,
or against whom proceedings are instituted under this Sanhita, may of right be defended byan advocate of his choice.
Clause 341 of the Bill relates to legal aid to accused at State expense in certain cases.
Clause 342 of the Bill relates to procedure when corporation or registered society is an
accused.
Clause 343 of the Bill relates to tender of pardon to accomplice.
Clause 344 of the Bill relates to power to direct tender of pardon.
This Clause provides that 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 thetrial the evidence of any person supposed to have been directly or indirectly concerned in,or privy to, any such offence, tender a pardon on the same condition to such person.
Clause 345 of the Bill relates to trial of person not complying with conditions of
pardon.
Clause 346 of the Bill relates to power to postpone or adjourn proceedings.
Clause 347 of the Bill relates to local inspection.
Clause 348 of the Bill relates to power to summon material witness, or examine person
present.
This Clause provides that 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 not summoned as a witness, or recall and re-examine any person already
examined; and the Court shall summon and examine or recall and re-examine any such personif his evidence appears to it to be essential to the just decision of the case.
Clause 349 of the Bill relates to power of Magistrate to order person to give specimen
signatures or handwriting.
This Clause provides that 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 anyperson, including an accused person, to give specimen signatures or finger impressions orhandwriting or voice sample, he may make an order to that effect and in that case the personto whom the order relates shall be produced or shall attend at the time and place specified in
such order and shall give his specimen signatures or finger impressions or handwriting or
voice sample, subject to certain conditions.
Clause 350 of the Bill relates to expenses of complainants and witnesses.
This Clause provides that 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 thereasonable expenses of any complainant or witness attending for the purposes of any inquiry,
trial or other proceeding before such Court under this Sanhita.
Clause 351 of the Bill relates to power to examine the accused.
Clause 352 of the Bill relates to oral arguments and memorandum of arguments.
Clause 353 of the Bill relates to accused person to be competent witness.
Clause 354 of the Bill relates to no influence to be used to induce disclosure.
Clause 355 of the Bill relates to provision for inquiries and trial being held in the
absence of accused in certain cases.
Clause 356 of the Bill relates to inquiry, trial or judgment in absentia of proclaimed
offender.
Clause 357 of the Bill relates to procedure where accused does not understand
proceedings.
This Clause provides that the accused, though not a person with mental illness,
cannot be made to understand the proceedings, the Court may proceed with the inquiry ortrial; and, in the case of a Court other than a High Court, if such proceedings result in aconviction, the proceedings shall be forwarded to the High Court with a report of thecircumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Clause 358 of the Bill relates to power to proceed against other persons appearing to
be guilty of offence.
Clause 359 of the Bill relates to compounding of offences.
Clause 360 of the Bill relates to withdrawal from prosecution.
Clause 361 of the Bill relates to procedure in cases which Magistrate cannot dispose
of.
Clause 362 of the Bill relates to procedure when, after commencement of inquiry or
trial, Magistrate finds case should be committed.
This Clause provides that 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 caseis one which ought to be tried by the Court of Session, he shall commit it to that Court underthe provisions hereinbefore contained and thereupon the provisions of Chapter XX shall
apply to the commitment so made.
Clause 363 of the Bill relates to trial of persons previously convicted of offences
against coinage, stamp-law or property.
Clause 364 of the Bill relates to procedure when Magistrate cannot pass sentence
sufficiently severe.
Clause 365 of the Bill relates to conviction or commitment on evidence partly recorded
by one Magistrate and partly by another.
Clause 366 of the Bill relates to court to be open.
Clause 367 of the Bill relates to procedure in case of accused being person with mental
illness.
Clause 368 of the Bill relates to procedure in case of person with mental illness tried
before Court.
Clause 369 of the Bill relates to release of person with mental illness pending
investigation or trial.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 399
Clause 370 of the Bill relates to resumption of inquiry or trial.
Clause 371 of the Bill relates to procedure on accused appearing before Magistrate or
Court.
Clause 372 of the Bill relates to when accused appears to have been of sound mind.
Clause 373 of the Bill relates to judgment of acquittal on ground of mental illness.
This Clause provides that 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 mental illness,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.
Clause 374 of the Bill relates to person acquitted on such ground to be detained in
safe custody.
Clause 375 of the Bill relates to power of State Government to empower officer-in-
charge to discharge.
Clause 376 of the Bill relates to procedure where prisoner with mental illness is
reported capable of making his defence.
Clause 377 of the Bill relates to procedure where person with mental illness detained
is declared fit to be released.
Clause 378 of the Bill relates to delivery of person with mental liabilities to care of
relative or friend.
Clause 379 of the Bill relates to procedure in cases mentioned in section 215.
Clause 380 of the Bill relates to appeal.
Clause 381 of the Bill relates to power to order costs.
Clause 382 of the Bill relates to procedure of Magistrate taking cognizance.
Clause 383 of the Bill relates to summary procedure for trial for giving false evidence.
Clause 384 of the Bill relates to procedure in certain cases of contempt.
Clause 385 of the Bill relates to procedure where Court considers that case should not
be dealt with under section 384.
Clause 386 of the Bill relates to when Registrar or Sub-Registrar to be deemed a Civil
Court.
Clause 387 of the Bill relates to discharge of offender on submission of apology.
Clause 388 of the Bill relates to imprisonment or committal of person refusing to
answer or produce document.
Clause 389 of the Bill relates to summary procedure for punishment for non-attendance
by a witness in obedience to summons.
Clause 390 of the Bill relates to appeals from convictions under sections 383, 384, 388
and 389.
Clause 391 of the Bill relates to certain Judges and Magistrates not to try certain
offences when committed before themselves.
Clause 392 of the Bill relates to judgment.
Clause 393 of the Bill relates to language and contents of judgment.
Clause 394 of the Bill relates to order for notifying address of previously convicted
offender.
Clause 395 of the Bill relates to order to pay compensation.
Clause 396 of the Bill relates to victim compensation scheme.
Clause 397 of the Bill relates to treatment of victims.
Clause 398 of the Bill relates to witness protection scheme.
Clause 399 of the Bill relates to compensation to persons groundlessly arrested.
Clause 400 of the Bill relates to order to pay costs in non-cognizable cases.
Clause 401 of the Bill relates to order to release on probation of good conduct or after
admonition.
Clause 402 of the Bill relates to special reasons to be recorded in certain cases.
Clause 403 of the Bill relates to Court not to alter judgment.
Clause 404 of the Bill relates to copy of judgment to be given to the accused and other
persons.
Clause 405 of the Bill relates to judgment when to be translated.
Clause 406 of the Bill relates to Court of Session to send copy of finding and sentence
to District Magistrate.
Clause 407 of the Bill relates to sentence of death to be submitted by Court of Session
for confirmation.
Clause 408 of the Bill relates to power to direct further inquiry to be made or additional
evidence to be taken.
Clause 409 of the Bill relates to power of High Court to confirm sentence or annul
conviction.
Clause 410 of the Bill relates to confirmation or new sentence to be signed by two
Judges.
Clause 411 of the Bill relates to procedure in case of difference of opinion.
Clause 412 of the Bill relates to procedure in cases submitted to High Court for
confirmation.
Clause 413 of the Bill relates to no appeal to lie unless otherwise provided.
Clause 414 of the Bill relates to appeal from orders requiring security or refusal to
accept or rejecting surety for keeping peace or good behaviour.
Clause 415 of the Bill relates to appeals from convictions.
Clause 416 of the Bill relates to no appeal in certain cases when accused pleads guilty.
Clause 417 of the Bill relates to no appeal in petty cases.
Clause 418 of the Bill relates to appeal by the State Government against sentence.
Clause 419 of the Bill relates to appeal in case of acquittal.
Clause 420 of the Bill relates to appeal against conviction by High Court in certain
cases.
Clause 421 of the Bill relates to special right of appeal in certain cases.
Clause 422 of the Bill relates to appeal to Court of Session how heard.
Clause 423 of the Bill relates to petition of appeal.
Clause 424 of the Bill relates to procedure when appellant in jail.
Clause 425 of the Bill relates to summary dismissal of appeal.
Clause 426 of the Bill relates to procedure for hearing appeals not dismissed summarily.
Clause 427 of the Bill relates to powers of the Appellate Court.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 401
Clause 428 of the Bill relates to judgments of Subordinate Appellate Court.
Clause 429 of the Bill relates to order of High Court on appeal to be certified to lower
Court.
Clause 430 of the Bill relates to suspension of sentence pending the appeal; release of
appellant on bail.
Clause 431 of the Bill relates to arrest of accused in appeal from acquittal.
Clause 432 of the Bill relates to appellate Court may take further evidence or direct it
to be taken.
Clause 433 of the Bill relates to procedure where Judges of Court of Appeal are equally
divided.
Clause 434 of the Bill relates to finality of judgments and orders on appeal.
Clause 435 of the Bill relates to abatement of appeals.
Clause 436 of the Bill relates to reference to High Court.
Clause 437 of the Bill relates to disposal of case according to decision of High Court.
Clause 438 of the Bill relates to calling for records to exercise powers of revision.
Clause 439 of the Bill relates to power to order inquiry.
Clause 440 of the Bill relates to Sessions Judge's powers of revision.
Clause 441 of the Bill relates to power of Additional Sessions Judge.
Clause 442 of the Bill relates to High Court's powers of revision.
Clause 443 of the Bill relates to power of High Court to withdraw or transfer revision
cases.
Clause 444 of the Bill relates to option of Court to hear parties.
Clause 445 of the Bill relates to statement by Magistrate of grounds of his decision to
be considered by High Court.
Clause 446 of the Bill relates to High Court's order to be certified to lower Court.
Clause 447 of the Bill relates to power of Supreme Court to transfer cases and appeals.
Clause 448 of the Bill relates to power of High Court to transfer cases and appeals.
Clause 449 of the Bill relates to power of Sessions Judge to transfer cases and
appeals.
Clause 450 of the Bill relates to withdrawal of cases and appeals by Session Judge.
Clause 451 of the Bill relates to withdrawal of cases by Judicial Magistrate.
Clause 452 of the Bill relates to making over or withdrawal of cases by Executive
Magistrates.
Clause 453 of the Bill relates to reasons to be recorded.
Clause 454 of the Bill relates to execution of order passed under section 410.
Clause 455 of the Bill relates to execution of sentence of death passed by High Court.
Clause 456 of the Bill relates to postponement of execution of sentence of death in
case of appeal to Supreme Court.
Clause 457 of the Bill relates to postponement of capital sentence on pregnant woman.
Clause 458 of the Bill relates to power to appoint place of imprisonment.
Clause 459 of the Bill relates to execution of sentence of imprisonment.
Clause 460 of the Bill relates to direction of warrant for execution.
Clause 461 of the Bill relates to warrant with whom to be lodged.
Clause 462 of the Bill relates to warrant for levy of fine.
Clause 463 of the Bill relates to effect of such warrant.
Clause 464 of the Bill relates to warrant for levy of fine issued by a Court in any
territory to which this Sanhita does not extend.
Clause 465 of the Bill relates to suspension of execution of sentence of imprisonment.
Clause 466 of the Bill relates to who may issue warrant.
Clause 467 of the Bill relates to sentence on escaped convict when to take effect.
Clause 468 of the Bill relates to sentence on offender already sentenced for another
offence.
Clause 469 of the Bill relates to period of detention undergone by the accused to be
set off against the sentence of imprisonment.
Clause 470 of the Bill relates to saving.
Clause 471 of the Bill relates to return of warrant on execution of sentence.
Clause 472 of the Bill relates to money ordered to be paid recoverable as a fine.
Clause 473 of the Bill relates to mercy Petition in death sentence cases.
Clause 474 of the Bill relates to power to suspend or remit sentences.
Clause 475 of the Bill relates to power to commute sentence.
Clause 476 of the Bill relates to restriction on powers of remission or commutation in
certain cases.
Clause 477 of the Bill relates to concurrent power of Central Government in case of
death sentences.
Clause 478 of the Bill relates to state Government to act after concurrence with Central
Government in certain cases.
Clause 479 of the Bill relates to bail and bond.
Clause 480 of the Bill relates to cases bail to be taken.
Clause 481 of the Bill relates to maximum period for which an undertrial prisoner can be
detained.
Clause 482 of the Bill relates to when bail may be taken in case of non-bailable offence.
Clause 483 of the Bill relates to bail to require accused to appear before next appellate
Court.
Clause 484 of the Bill relates to direction for grant of bail to person apprehending
arrest.
Clause 485 of the Bill relates to special powers of High Court or Court of Session
regarding bail.
Clause 486 of the Bill relates to amount of bond and reduction thereof.
Clause 487 of the Bill relates to bond of accused and sureties.
Clause 488 of the Bill relates to declaration by sureties.
Clause 489 of the Bill relates to discharge from custody.
Clause 490 of the Bill relates to power to order sufficient bail when that first taken is
insufficient.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 403
Clause 491 of the Bill relates to discharge of sureties.
Clause 492 of the Bill relates to deposit instead of recognizance.
Clause 493 of the Bill relates to procedure when bond has been forfeited.
Clause 494 of the Bill relates to cancellation of bond and bail bond.
Clause 495 of the Bill relates to procedure in case of insolvency of death of surety or
when a bond is forfeited.
Clause 496 of the Bill relates to bond required from minor.
Clause 497 of the Bill relates to appeal from orders under section 446.
Clause 498 of the Bill relates to power to direct levy of amount due on certain
recognizances.
Clause 499 of the Bill relates to order for custody and disposal of property pending
trial in certain cases.
Clause 500 of the Bill relates to order for disposal of property at conclusion of trial.
Clause 501 of the Bill relates to payment to innocent purchaser of money found on
accused.
Clause 502 of the Bill relates to appeal against orders under section 500 or section 501.
Clause 503 of the Bill relates to destruction of libellous and other matter.
Clause 504 of the Bill relates to power to restore possession of immovable property.
Clause 505 of the Bill relates to procedure by police upon seizure of property.
Clause 506 of the Bill relates to procedure where no claimant appears within six
months.
Clause 507 of the Bill relates to power to sell perishable property.
Clause 508 of the Bill relates to irregularities which do not vitiate proceedings.
Clause 509 of the Bill relates to irregularities which vitiate proceedings.
Clause 510 of the Bill relates to proceedings in wrong place.
Clause 511 of the Bill relates to non-compliance with provisions of section 183 or
section 316.
Clause 512 of the Bill relates to effect of omission to frame, or absence of, or error in,
charge.
Clause 513 of the Bill relates to finding or sentence when reversible by reason of error,
omission or irregularity.
Clause 514 of the Bill relates to defect or error not to make attachment unlawful.
Clause 515 of the Bill relates to definitions.
Clause 516 of the Bill relates to bar to taking cognizance after lapse of the period of
limitation.
Clause 517 of the Bill relates to commencement of the period of limitation.
Clause 518 of the Bill relates to exclusion of time in certain cases.
Clause 519 of the Bill relates to exclusion of date on which Court is closed.
Clause 520 of the Bill relates to continuing offence.
This Clause provides that 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.
Clause 521 of the Bill relates to extension of period of limitation in certain cases.
This Clause provides that notwithstanding anything contained in the foregoing
provisions of this Chapter, any Court may take cognizance of an offence after the expiry ofthe period of limitation, if it is satisfied on the facts and in the circumstances of the case that
the delay has been properly explained or that it is necessary so to do in the interests of
justice.
Clause 522 of the Bill relates to trials before High Courts.
This Clause deals with an offence is tried by the High Court otherwise than under
section 448, it shall, in the trial of the offence, observe the same procedure as a Court of
Sessions would observe if it were trying the case.
Clause 523 of the Bill relates to delivery to commanding officers of persons liable to be
tried by Court-martial.
Clause 524 of the Bill relates to forms.
This Clause deals with 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 ofeach case require, may be used for the respective purposes therein mentioned, and if usedshall be sufficient.
Clause 525 of the Bill relates to power of High Court to make rules.
Clause 526 of the Bill relates to power to alter functions allocated to Executive
Magistrate in certain cases.
Clause 527 of the Bill relates to case in which Judge or Magistrate is personally
interested.
Clause 528 of the Bill relates to practicing advocate not to sit as Magistrate in certain
Courts.
This Clause provides that 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 thatCourt.
Clause 529 of the Bill relates to public servant concerned in sale not to purchase or bid
for property.
This Clause provides that 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.
Clause 530 of the Bill relates to saving of inherent powers of High Court.
This Clause provides that 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 toany order under this Sanhita, or to prevent abuse of the process of any Court or otherwise tosecure the ends of justice.
Clause 531 of the Bill relates to duty of High Court to exercise continuous
superintendence over Courts.
This Clause provides that every High Court shall so exercise its superintendence over
the Courts of Sessions and Courts of Judicial Magistrates subordinate to it as to ensure thatthere is an expeditious and proper disposal of cases by the Judges and Magistrates.
Clause 532 of the Bill relates to trial and proceedings to be held in electronic mode.
This Clause provides that trials and proceedings under this Code, may be held in
electronic mode, by use of electronic communication or use of audio-video electronic means.
Clause 533 of the Bill relates to repeal and savings.
This Clause provides that the Code of Criminal Procedure, 1973 is repealed.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 405
FINANCIAL MEMORANDUM
The Bharatiya Nyaya Sanhita Bill, 2023, if enacted, is not likely to involve any expenditure,
either recurring or non-recurring, from and out of the Consolidated Fund of India.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause ( a) of clause 2 of the Bill empowers the State Government to make rules
inter alia to provide for other means of communication device for the purpose of video
conferencing.
Sub-clause ( 2) of clause 11 of the Bill empowers the High Court to make rules inter alia
to provide for qualification and experience of any person to confer upon power of JudicialMagistrate in respect of a particular case or class of cases.
Sub-clause ( 3) of clause 48 of the Bill empowers the State Government to make
rules for the form to keep book of entry of arrested person.
Sub-clause ( 2) of clause 153 of the Bill empowers the State Government to make
rules to provide for the manner of notification of proclamation of order.
Sub-clause ( 2) of clause 179 of the Bill empowers the State Government to make
rules inter alia to provide for the payment of reasonable expenses to persons attending
police officer.
Sub-clause ( 3) of clause 320 of the Bill empowers the Central Government to make
rules inter alia to provide for Form for issuing Commission for taking evidence of witnesses
in other country.
Sub-clause ( 2) of clause 341 of the Bill empowers that the High Court may make
rules inter alia for the mode of selecting advocate for defence; the facilities and the fee
to be provided to such advocate by Government.
Clause 350 of the Bill empowers the State Government to make rules to provide for
reasonable expenses to witnesses for attending Court.
Sub-clause ( 2) of clause of the Bill 369 empowers the State Government to make
rules inter alia to provide for detention of accused in a mental Health establishment.
Sub-clause ( 5) of clause 394 of the Bill empowers the State Government to make
rules to carry out provisions of clause 394 relating to notification of residence and changethereof of released convicts.
Sub-clause ( 2) of clause 462 of the Bill empowers the State Government to make
rules inter alia to provide for the manner of execution of search warrant.
Sub-clause ( 5) of clause 474 empowers the appropriate Government to make rules
to provide for direction as to suspension of sentences and the conditions for presentationof petition.
Clause 506 of the Bill empowers the State Government to make rules provide for the
manner of dealing with proceeds of sale of property of non-claimant.
Clause 523 of the Billempowers the Central Government to make rules inter alia to
provide for the manner of trial of persons belonging to the armed forces of the union.
Clause 525 of the Bill empowers the High Court to make rules for other matters.The matters in respect of which such rules may be made are matters of procedures and
administrative details and it is not practicable to provide for them in the Bill itself. Thedelegation of legislative power is, therefore, of a normal character.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 407
A Bill to consolidate and to provide for general rules and principles of evidence for
fair trial.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
PART I
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.
(2) It shall applies to all judicial proceedings in or before any Court, including
Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedingsbefore an arbitrator.Short title,application andcommencement.BILL NO. 123 OF 2023
(3) It shall come into force on such date as the Central Government may, by notification,
appoint.
2. (1) In this Adhiniyam, unless the context otherwise requires,—
(a) "Court" includes all Judges and Magistrates, and all persons, except
arbitrators, legally authorised to take evidence;
(b) "conclusive proof" means when one fact is declared by this Adhiniyam to
be conclusive proof of another, the Court shall, on proof of the one fact, regard the
other as proved, and shall not allow evidence to be given for the purpose of disprovingit;
(c) "document" means any matter expressed or described or otherwise recorded
upon any substance by means of letters, figures or marks or any other means or bymore than one of those means, intended to be used, or which may be used, for the
purpose of recording that matter and includes electronic and digital records.
Illustrations.
(i) A writing is a document.
(ii) Words painted, lithographed or photographed are documents.
(iii) A map or plan is a document.
(iv) An inscription on a metal plate or stone is a document.
(v) A caricature is a document.
(vi) An electronic record on emails, server logs, documents on computers, laptop
or smartphone, messages, websites, locational evidence and voice mail messages
stored on digital devices are documents;
(d) "disproved" in relation to a fact, means when, after considering the matters
before it, the Court either believes that it does not exist, or considers its non-existence
so probable that a prudent man ought, under the circumstances of the particular case,to act upon the supposition that it does not exist;
(e) "evidence" means and includes—
(i) statements or any information given electronically which the Court
permits or requires to be made before it by witnesses in relation to matters of
fact under inquiry and such statements or information are called oral evidence;
(ii) documents including electronic or digital records produced for the
inspection of the Court and such documents are called documentary evidence;
(f) "fact" means and includes—
(i) anything, state of things, or relation of things, capable of being
perceived by the senses;
(ii) any mental condition of which any person is conscious.
Illustrations.
(a) That there are certain objects arranged in a certain order in a certain place, is
a fact.
(b) That a person heard or saw something, is a fact.
(c) That a person said certain words, is a fact.Definitions.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 409
(d) That a person holds a certain opinion, has a certain intention, acts in good
faith, or fraudulently, or uses a particular word in a particular sense, or is or was at aspecified time conscious of a particular sensation, is a fact;
(g) "facts in issue" means and includes any fact from which, either by itself or
in connection with other facts, the existence, non-existence, nature or extent of anyright, liability or disability, asserted or denied in any suit or proceeding, necessarilyfollows.
Explanation. —Whenever, under the provisions of the law for the time being in
force relating to Civil Procedure, any Court records an issue of fact, the fact to beasserted or denied in the answer to such issue is a fact in issue.
Illustrations.
(i) A is accused of the murder of B.
(ii) At his trial, the following facts may be in issue.
(iii) That A caused B's death.
(iv) That A intended to cause B's death.
(v) That A had received grave and sudden provocation from B.
(vi) That A, at the time of doing the act which caused B's death, was, by reason
of mental illness, incapable of knowing its nature;
(i) "may presume".—Whenever it is provided by this Adhiniyam that the Court
may presume a fact, it may either regard such fact as proved, unless and until it isdisproved or may call for proof of it;
(j) "not proved".—A fact is said to be not proved when it is neither proved nor
disproved;
(k) "proved".—A fact is said to be proved when, after considering the matters
before it, the Court either believes it to exist, or considers its existence so probablethat a prudent man ought, under the circumstances of the particular case, to act uponthe supposition that it exists;
(l) "relevant".—A fact is said to be relevant to another when it is connected
with the other in any of the ways referred to in the provisions of this Adhiniyamrelating to the relevancy of facts;
(m) "shall presume".—Whenever it is directed by this Adhiniyam that the Court
shall presume a fact, it shall regard such fact as proved, unless and until it is disproved
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya NyayaSanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhita.
PART II
CHAPTER II
R
ELEVANCY OF FACTS
3.Evidence may be given in any suit or proceeding of the existence or non-existence
of every fact in issue and of such other facts as are hereinafter declared to be relevant, andof no others.
Explanation. —This section shall not enable any person to give evidence of a fact
which he is disentitled to prove by any provision of the law for the time being in forcerelating to Civil Procedure.Evidence maybe given offacts in issueand relevantfacts.21 of 2000.
Illustrations.
(a) A is tried for the murder of B by beating him with a club with the intention of
causing his death.
At A's trial the following facts are in issue:—
A's beating B with the club;A's causing B's death by such beating;A's intention to cause B's death.
(b) A suitor does not bring with him, and have in readiness for production at the first
hearing of the case, a bond on which he relies. This section does not enable him to producethe bond or prove its contents at a subsequent stage of the proceedings, otherwise than inaccordance with the conditions prescribed by the Bharatiya Nagarik Suraksha Sanhita 2023.
Closely connected facts
4.Facts which, though not in issue, are so connected with a fact in issue or a
relevant fact as to form part of the same transaction, are relevant, whether they occurred atthe same time and place or at different times and places.
Illustrations.
(a) A is accused of the murder of B by beating him. Whatever was said or done by A
or B or the bystanders at the beating, or so shortly before or after it as to form part of thetransaction, is a relevant fact.
(b) A is accused of waging war against the Government of India by taking part in an
armed insurrection in which property is destroyed, troops are attacked and jails are brokenopen. The occurrence of these facts is relevant, as forming part of the general transaction,though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters
between the parties relating to the subject out of which the libel arose, and forming part ofthe correspondence in which it is contained, are relevant facts, though they do not containthe libel itself.
(d) The question is, whether certain goods ordered from B were delivered to A. The
goods were delivered to several intermediate persons successively. Each delivery is arelevant fact.
5.Facts which are the occasion, cause or effect, immediate or otherwise, of relevant
facts, or facts in issue, or which constitute the state of things under which they happened,or which afforded an opportunity for their occurrence or transaction, are relevant.
Illustrations.
(a) The question is, whether A robbed B. The facts that, shortly before the robbery,
B went to a fair with money in his possession, and that he showed it, or mentioned the factthat he had it, to third persons, are relevant.
(b) The question is, whether A murdered B. Marks on the ground, produced by a
struggle at or near the place where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B. The state of B's health before the symptoms
ascribed to poison, and habits of B, known to A, which afforded an opportunity for theadministration of poison, are relevant facts.
6. (1) Any fact is relevant which shows or constitutes a motive or preparation for any
fact in issue or relevant fact.Relevancy offacts formingpart of sametransaction.
Facts which are
the occasion,cause or effectof facts in issueor relevantfacts.
Motive,
preparationand previousor subsequentconduct.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 411
(2) The conduct of any party, or of any agent to any party, to any suit or proceeding,
in reference to such suit or proceeding, or in reference to any fact in issue therein or relevantthereto, and the conduct of any person, an offence against whom is the subject of anyproceeding, is relevant, if such conduct influences or is influenced by any fact in issue orrelevant fact, and whether it was previous or subsequent thereto.
Explanation 1.—The word "conduct" in this section does not include statements,
unless those statements accompany and explain acts other than statements; but thisExplanation is not to affect the relevancy of statements under any other section of this
Adhiniyam.
Explanation 2.—When the conduct of any person is relevant, any statement made to
him or in his presence and hearing, which affects such conduct, is relevant.
Illustrations.
(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had
murdered C, and that B had tried to extort money from A by threatening to make his knowledgepublic, are relevant.
(b) A sues B upon a bond for the payment of money, B denies the making of the
bond. The fact that, at the time when the bond was alleged to be made, B required money fora particular purpose, is relevant.
(c) A is tried for the murder of B by poison. The fact that, before the death of B, A
procured poison similar to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A. The facts that, not
long before, the date of the alleged will, A made inquiry into matters to which the provisionsof the alleged will relate; that he consulted advocates in reference to making the will, andthat he caused drafts of other wills to be prepared, of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, either before, or at the time of, or after the
alleged crime, A provided evidence which would tend to give to the facts of the case anappearance favourable to himself, or that he destroyed or concealed evidence, or preventedthe presence or procured the absence of persons who might have been witnesses, orsuborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in
A's presence—"the police are coming to look for the person who robbed B", and thatimmediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B ten thousand rupees. The facts that A asked
C to lend him money, and that D said to C in A's presence and hearing—"I advise you notto trust A, for he owes B ten thousand rupees", and that A went away without making anyanswer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded, after
receiving a letter, warning A that inquiry was being made for the criminal, and the contentsof the letter, are relevant.
(i) A is accused of a crime. The facts that, after the commission of the alleged crime,
A absconded, or was in possession of property or the proceeds of property acquired by thecrime, or attempted to conceal things which were or might have been used in committing it,are relevant.
(j) The question is, whether A was raped. The fact that, shortly after the alleged rape,
A made a complaint relating to the crime, the circumstances under which, and the terms inwhich, the complaint was made, are relevant. The fact that, without making a complaint, Asaid that A had been raped is not relevant as conduct under this section, though it may berelevant as a dying declaration under clause ( 1) of section 26, or as corroborative evidence
under section 160.
(k) The question is, whether A was robbed. The fact that, soon after the alleged
robbery, A made a complaint relating to the offence, the circumstances under which, and theterms in which, the complaint was made, are relevant. The fact that A said he had beenrobbed, without making any complaint, is not relevant, as conduct under this section,though it may be relevant as a dying declaration under clause ( 1) of section 26, or as
corroborative evidence under section 157.
7.Facts necessary to explain or introduce a fact in issue or relevant fact, or which
support or rebut an inference suggested by a fact in issue or a relevant fact, or whichestablish the identity of anything, or person whose identity, is relevant, or fix the time orplace at which any fact in issue or relevant fact happened, or which show the relation ofparties by whom any such fact was transacted, are relevant insofar as they are necessaryfor that purpose.
Illustrations.
(a) The question is, whether a given document is the will of A. The state of A's
property and of his family at the date of the alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter
alleged to be libellous is true. The position and relations of the parties at the time when thelibel was published may be relevant facts as introductory to the facts in issue. The particularsof a dispute between A and B about a matter unconnected with the alleged libel are irrelevant,though the fact that there was a dispute may be relevant if it affected the relations betweenA and B.
(c) A is accused of a crime. The fact that, soon after the commission of the crime, A
absconded from his house, is relevant under section 6, as conduct subsequent to andaffected by facts in issue. The fact that, at the time when he left home, A had sudden andurgent business at the place to which he went, is relevant, as tending to explain the fact thathe left home suddenly. The details of the business on which he left are not relevant, exceptinsofar as they are necessary to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A. C, on
leaving A's service, says to A—"I am leaving you because B has made me a better offer".This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact inissue.
(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it
to A's wife. B says as he delivers it—"A says you are to hide this". B's statement is relevantas explanatory of a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of
the mob are relevant as explanatory of the nature of the transaction.
8. Where there is reasonable ground to believe that two or more persons have
conspired together to commit an offence or an actionable wrong, anything said, done orwritten by any one of such persons in reference to their common intention, after the timewhen such intention was first entertained by any one of them, is a relevant fact as againsteach of the persons believed to be so conspiring, as well for the purpose of proving theexistence of the conspiracy as for the purpose of showing that any such person was a partyto it.
Illustration.
Reasonable ground exists for believing that A has joined in a conspiracy to wage war
against the State.
The facts that B procured arms in Europe for the purpose of the conspiracy, C collected
money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai,E published writings advocating the object in view at Agra, and F transmitted from Delhi toFactsnecessary toexplain orintroduce factin issue orrelevant facts.
Things said,
done byconspirator inreference tocommondesign.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 413
G at Singapore the money which C had collected at Kolkata, and the contents of a letter
written by H giving an account of the conspiracy, are each relevant, both to prove theexistence of the conspiracy, and to prove A's complicity in it, although he may have beenignorant of all of them, and although the persons by whom they were done were strangersto him, and although they may have taken place before he joined the conspiracy or after heleft it.
9.Facts not otherwise relevant are relevant—
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or
non-existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations.
(a) The question is, whether A committed a crime at Chennai on a certain day.
The fact that, on that day, A was at Ladakh is relevant. The fact that, near the timewhen the crime was committed, A was at a distance from the place where it wascommitted, which would render it highly improbable, though not impossible, that hecommitted it, is relevant.
(b) The question is, whether A committed a crime. The circumstances are such
that the crime must have been committed either by A, B, C or D. Every fact whichshows that the crime could have been committed by no one else, and that it was notcommitted by either B, C or D, is relevant.
10.In suits in which damages are claimed, any fact which will enable the Court to
determine the amount of damages which ought to be awarded is relevant.
11.Where the question is as to the existence of any right or custom, the following
facts are relevant—
(a) any transaction by which the right or custom in question was created,
claimed, modified, recognised, asserted or denied, or which was inconsistent with itsexistence;
(b) particular instances in which the right or custom was claimed, recognised
or exercised, or in which its exercise was disputed, asserted or departed from.
Illustration.
The question is, whether A has a right to a fishery. A deed conferring the fishery on
A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery byA's father, irreconcilable with the mortgage, particular instances in which A's father exercisedthe right, or in which the exercise of the right was stopped by A's neighbours, are relevantfacts.
12.Facts showing the existence of any state of mind such as intention, knowledge,
good faith, negligence, rashness, ill-will or goodwill towards any particular person, orshowing the existence of any state of body or bodily feeling, are relevant, when the existenceof any such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1.—A fact relevant as showing the existence of a relevant state of mind
must show that the state of mind exists, not generally, but in reference to the particularmatter in question.
Explanation 2.—But where, upon the trial of a person accused of an offence, the
previous commission by the accused of an offence is relevant within the meaning of thissection, the previous conviction of such person shall also be a relevant fact.When factsnot otherwiserelevantbecomerelevant.
Facts tending
to enable Courtto determineamount arerelevant in suitsfor damages.
Facts relevant
when right orcustom is inquestion.
Facts showing
existence ofstate of mind,or of body ofbodily feeling.
Illustrations.
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that
he was in possession of a particular stolen article. The fact that, at the same time, he was inpossession of many other stolen articles is relevant, as tending to show that he knew eachand all of the articles of which he was in possession to be stolen.
(b) A is accused of fraudulently delivering to another person a counterfeit currency
which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the timeof its delivery, A was possessed of a number of other pieces of counterfeit currency isrelevant. The fact that A had been previously convicted of delivering to another person asgenuine a counterfeit currency knowing it to be counterfeit is relevant.
(c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact
that the dog had previously bitten X, Y and Z, and that they had made complaints to B, arerelevant.
(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name
of the payee was fictitious. The fact that A had accepted other bills drawn in the samemanner before they could have been transmitted to him by the payee if the payee had beena real person, is relevant, as showing that A knew that the payee was a fictitious person.
(e) A is accused of defaming B by publishing an imputation intended to harm the
reputation of B. The fact of previous publications by A respecting B, showing ill-will on thepart of A towards B is relevant, as proving A's intention to harm B's reputation by theparticular publication in question. The facts that there was no previous quarrel between Aand B, and that A repeated the matter complained of as he heard it, are relevant, as showingthat A did not intend to harm the reputation of B.
(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B,
being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when
A represented C to be solvent, C was supposed to be solvent by his neighbours and bypersons dealing with him, is relevant, as showing that A made the representation in goodfaith.
(g) A is sued by B for the price of work done by B, upon a house of which A is owner,
by the order of C, a contractor. A's defence is that B's contract was with C. The fact that Apaid C for the work in question is relevant, as proving that A did, in good faith, make over toC the management of the work in question, so that C was in a position to contract with B onC's own account, and not as agent for A.
(h) A is accused of the dishonest misappropriation of property which he had found,
and the question is whether, when he appropriated it, he believed in good faith that the realowner could not be found. The fact that public notice of the loss of the property had beengiven in the place where A was, is relevant, as showing that A did not in good faith believethat the real owner of the property could not be found. The fact that A knew, or had reasonto believe, that the notice was given fraudulently by C, who had heard of the loss of theproperty and wished to set up a false claim to it, is relevant, as showing that the fact that Aknew of the notice did not disprove A's good faith.
(i) A is charged with shooting at B with intent to kill him. In order to show A's intent,
the fact of A's having previously shot at B may be proved.
(j) A is charged with sending threatening letters to B. Threatening letters previously
sent by A to B may be proved, as showing the intention of the letters.
(k) The question is, whether A has been guilty of cruelty towards B, his wife.
Expressions of their feeling towards each other shortly before or after the alleged cruelty arerelevant facts.
(l) The question is whether A's death was caused by poison. Statements made by A
during his illness as to his symptoms are relevant facts.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 415
(m) The question is, what was the state of A's health at the time when an assurance on
his life was effected. Statements made by A as to the state of his health at or near the time inquestion are relevant facts.
(n) A sues B for negligence in providing him with a car for hire not reasonably fit for
use, whereby A was injured. The fact that B's attention was drawn on other occasions to thedefect of that particular car is relevant. The fact that B was habitually negligent about thecars which he let to hire is irrelevant.
(o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on
other occasions shot at B is relevant as showing his intention to shoot B. The fact that Awas in the habit of shooting at people with intent to murder them is irrelevant.
(p) A is tried for a crime. The fact that he said something indicating an intention to
commit that particular crime is relevant. The fact that he said something indicating a generaldisposition to commit crimes of that class is irrelevant.
13.When there is a question whether an act was accidental or intentional, or done
with a particular knowledge or intention, the fact that such act formed part of a series ofsimilar occurrences, in each of which the person doing the act was concerned, is relevant.
Illustrations.
(a) A is accused of burning down his house in order to obtain money for which it is
insured. The facts that A lived in several houses successively each of which he insured, ineach of which a fire occurred, and after each of which fires A received payment from adifferent insurance company, are relevant, as tending to show that the fires were notaccidental.
(b) A is employed to receive money from the debtors of B. It is A's duty to make entries
in a book showing the amounts received by him. He makes an entry showing that on aparticular occasion, he received less than he really did receive. The question is, whetherthis false entry was accidental or intentional. The facts that other entries made by A in thesame book are false, and that the false entry is in each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B, a counterfeit currency. The question
is, whether the delivery of the rupee was accidental. The facts that, soon before or soonafter the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showingthat the delivery to B was not accidental.
14.When there is a question whether a particular act was done, the existence of any
course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations.
(a) The question is, whether a particular letter was dispatched. The facts that it was
the ordinary course of business for all letters put in a certain place to be carried to the post,and that particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted
in due course, and was not returned through the Return Letter Office, are relevant.
Admissions
15.An admission is a statement, oral or documentary or contained in electronic form,
which suggests any inference as to any fact in issue or relevant fact, and which is made byany of the persons, and under the circumstances, hereinafter mentioned.
16. (1) Statements made by a party to the proceeding, or by an agent to any such
party, whom the Court regards, under the circumstances of the case, as expressly or impliedlyauthorised by him to make them, are admissions.Facts bearingon questionwhether actwas accidentalor intentional.
Existence of
course ofbusiness whenrelevant.
Admission
defined.
Admission by
party toproceeding orhis agent.
(2) Statements made by—
(i) parties to suits suing or sued in a representative character, are not admissions,
unless they were made while the party making them held that character;
(ii) persons who have any proprietary or pecuniary interest in the subject
matter of the proceeding, and who make the statement in their character of persons sointerested; or
(iii) persons from whom the parties to the suit have derived their interest in the
subject matter of the suit,
are admissions, if they are made during the continuance of the interest of the persons
making the statements.
17.Statements made by persons whose position or liability, it is necessary to prove
as against any party to the suit, are admissions, if such statements would be relevant asagainst such persons in relation to such position or liability in a suit brought by or againstthem, and if they are made whilst the person making them occupies such position or issubject to such liability.
Illustration.
A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A
denies that rent was due from C to B. A statement by C that he owed B rent is an admission,and is a relevant fact as against A, if A denies that C did owe rent to B.
18.Statements made by persons to whom a party to the suit has expressly referred
for information in reference to a matter in dispute are admissions.
Illustration.
The question is, whether a horse sold by A to B is sound.A says to B—"Go and ask C, C knows all about it". C's statement is an admission.19.Admissions are relevant and may be proved as against the person who makes
them, or his representative in interest; but they cannot be proved by or on behalf of theperson who makes them or by his representative in interest, except in the following cases,namely:—
(1) An admission may be proved by or on behalf of the person making it, when
it is of such a nature that, if the person making it were dead, it would be relevant asbetween third persons under sub-section ( 2) of section 23;
(2) An admission may be proved by or on behalf of the person making it, when
it consists of a statement of the existence of any state of mind or body, relevant or inissue, made at or about the time when such state of mind or body existed, and isaccompanied by conduct rendering its falsehood improbable;
(3) An admission may be proved by or on behalf of the person making it, if it is
relevant otherwise than as an admission.
Illustrations.
(a) The question between A and B is whether a certain deed is or is not forged. A
affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed isgenuine, and B may prove a statement by A that deed is forged; but A cannot prove astatement by himself that the deed is genuine, nor can B prove a statement by himself thatthe deed is forged.
(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show
that the ship was taken out of her proper course. A produces a book kept by him in theordinary course of his business showing observations alleged to have been taken by himAdmissions bypersons whoseposition mustbe proved asagainst partyto suit.
Admissions by
personsexpresslyreferred to by
party to suit.
Proof of
admissionsagainst personsmaking them,and by or ontheir behalf.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 417
from day to day, and indicating that the ship was not taken out of her proper course. A may
prove these statements, because they would be admissible between third parties, if he were
dead, under sub-section ( 2) of section 23.
(c) A is accused of a crime committed by him at Kolkata. He produces a letter written
by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day.
The statement in the date of the letter is admissible, because, if A were dead, it would be
admissible under sub-section ( 2) of section 23.
(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to
prove that he refused to sell them below their value. A may prove these statements, though
they are admissions, because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit currency which
he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the
currency as he doubted whether it was counterfeit or not, and that person did examine it
and told him it was genuine. A may prove these facts for the reasons specified in
Illustration (e).
20. Oral admissions as to the contents of a document are not relevant, unless and
until the party proposing to prove them shows that he is entitled to give secondary evidence
of the contents of such document under the rules hereinafter contained, or unless the
genuineness of a document produced is in question.
21.In civil cases no admission is relevant, if it is made either upon an express condition
that evidence of it is not to be given, or under circumstances from which the Court can infer
that the parties agreed together that evidence of it should not be given.
Explanation. —Nothing in this section shall be taken to exempt any advocate from
giving evidence of any matter of which he may be compelled to give evidence under
sub-sections ( 1) and ( 2) of section 132.
22.A confession made by an accused person is irrelevant in a criminal proceeding, if
the making of the confession appears to the Court to have been caused by any inducement,
threat, coercion or promise having reference to the charge against the accused person,
proceeding from a person in authority and sufficient, in the opinion of the Court, to give the
accused person grounds which would appear to him reasonable for supposing that by
making it he would gain any advantage or avoid any evil of a temporal nature in reference to
the proceedings against him:
Provided that if the confession is made after the impression caused by any such
inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed,
it is relevant:
Provided further that if such a confession is otherwise relevant, it does not become
irrelevant merely because it was made under a promise of secrecy, or in consequence of a
deception practised on the accused person for the purpose of obtaining it, or when he was
drunk, or because it was made in answer to questions which he need not have answered,
whatever may have been the form of those questions, or because he was not warned that he
was not bound to make such confession, and that evidence of it might be given against him.
23. (1) No confession made to a police officer shall be proved as against a person
accused of any offence.
(2) No confession made by any person while he is in the custody of a police officer,
unless it is made in the immediate presence of a Magistrate shall be proved against him:When oral
admissions asto contents ofdocuments arerelevant.
Admissions in
civil caseswhen relevant.
Confession
caused byinducement,threat,coercion orpromise, whenirrelevant incriminalproceeding.
Confession to
police officer.
Provided that when any fact is deposed to as discovered in consequence of information
received from a person accused of any offence, in the custody of a police officer, so muchof such information, whether it amounts to a confession or not, as relates distinctly to thefact discovered, may be proved.
24.When more persons than one is being tried jointly for the same offence, and a
confession made by one of such persons affecting himself and some other of such personsis proved, the Court may take into consideration such confession as against such otherperson as well as against the person who makes such confession.
Explanation I.—"Offence", as used in this section, includes the abetment of, or
attempt to commit, the offence.
Explanation II.—A trial of more persons than one held in the absence of the accused
who has absconded or who fails to comply with a proclamation issued under section 82 ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for thepurpose of this section.
Illustrations.
(a) A and B are jointly tried for the murder of C. It is proved that A said "B and I
murdered C". The Court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered
by A and B, and that B said "A and I murdered C". This statement may not be taken intoconsideration by the Court against A, as B is not being jointly tried.
25.Admissions are not conclusive proof of the matters admitted but they may operate
as estoppels under the provisions hereinafter contained.
Statements by persons who cannot be called as witnesses
26.Statements, written or verbal, of relevant facts made by a person who is dead, or
who cannot be found, or who has become incapable of giving evidence, or whose attendancecannot be procured without an amount of delay or expense which under the circumstancesof the case appears to the Court unreasonable, are themselves facts in issue or relevantfacts in the following cases, namely:—
(1) When the statement is made by a person as to the cause of his death, or as
to any of the circumstances of the transaction which resulted in his death, in cases inwhich the cause of that person's death comes into question. Such statements arerelevant whether the person who made them was or was not, at the time when theywere made, under expectation of death, and whatever may be the nature of theproceeding in which the cause of his death comes into question.
(2) When the statement was made by such person in the ordinary course of
business, and in particular when it consists of any entry or memorandum made by himin books kept in the ordinary course of business, or in the discharge of professionalduty; or of an acknowledgement written or signed by him of the receipt of money,goods, securities or property of any kind; or of a document used in commerce writtenor signed by him; or of the date of a letter or other document usually dated, written orsigned by him.
(3) When the statement is against the pecuniary or proprietary interest of the
person making it, or when, if true, it would expose him or would have exposed him toa criminal prosecution or to a suit for damages.
(4) When the statement gives the opinion of any such person, as to the existence
of any public right or custom or matters of public or general interest, of the existenceof which, if it existed, he would have been likely to be aware, and when such statementwas made before any controversy as to such right, custom or matter had arisen.Considerationof provedconfessionaffectingperson makingit and othersjointly undertrial for sameoffence.
Admissions
not conclusiveproof, butmay estop.
Cases in which
statement offacts in issueor relevantfact by personwho is dead orcannot befound, etc., isrelevant.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 419
(5) When the statement relates to the existence of any relationship by blood,
marriage or adoption between persons as to whose relationship by blood, marriage oradoption the person making the statement had special means of knowledge, andwhen the statement was made before the question in dispute was raised.
(6) When the statement relates to the existence of any relationship by blood,
marriage or adoption between persons deceased, and is made in any will or deedrelating to the affairs of the family to which any such deceased person belonged, or inany family pedigree, or upon any tombstone, family portrait or other thing on whichsuch statements are usually made, and when such statement was made before thequestion in dispute was raised.
(7) When the statement is contained in any deed, will or other document which
relates to any such transaction as is specified in clause ( a) of section 11.
(8) When the statement was made by a number of persons, and expressed
feelings or impressions on their part relevant to the matter in question.
Illustrations.
(a) The question is, whether A was murdered by B; or A die of injuries received in a
transaction in the course of which she was ravished. The question is whether she wasravished by B; or the question is, whether A was killed by B under such circumstances thata suit would lie against B by A's widow. Statements made by A as to the cause of his or herdeath, referring respectively to the murder, the rape and the actionable wrong underconsideration, are relevant facts.
(b) The question is as to the date of A's birth. An entry in the diary of a deceased
surgeon regularly kept in the course of business, stating that, on a given day he attendedA's mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in Nagpur on a given day. A statement in the diary
of a deceased solicitor, regularly kept in the course of business that on a given day thesolicitor attended A at a place mentioned, in Nagpur, for the purpose of conferring with himupon specified business, is a relevant fact.
(d) The question is, whether a ship sailed from Mumbai harbour on a given day. A
letter written by a deceased member of a merchant's firm by which she was chartered to theircorrespondents in Chennai, to whom the cargo was consigned, stating that the ship sailedon a given day from Mumbai port, is a relevant fact.
(e) The question is, whether rent was paid to A for certain land. A letter from A's
deceased agent to A, saying that he had received the rent on A's account and held it at A'sorders is a relevant fact.
(f) The question is, whether A and B were legally married. The statement of a deceased
clergyman that he married them under such circumstances that the celebration would be acrime is relevant.
(g) The question is, whether A, a person who cannot be found, wrote a letter on a
certain day. The fact that a letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship. A protest made by the
captain, whose attendance cannot be procured, is a relevant fact.
(i) The question is, whether a given road is a public way. A statement by A, a deceased
Sarpanch of the Panchayat of the village, that the road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain day in a particular market.
A statement of the price, made by a deceased businessperson in the ordinary course of hisbusiness, is a relevant fact.
(k) The question is, whether A, who is dead, was the father of B. A statement by A that
B was his son, is a relevant fact.
(l) The question is, what was the date of the birth of A. A letter from A's deceased
father to a friend, announcing the birth of A on a given day, is a relevant fact.
(m) The question is, whether, and when, A and B were married. An entry in a
memorandum book by C, the deceased father of B, of his daughter's marriage with A on a
given date, is a relevant fact.
(n) A sues B for a libel expressed in a painted caricature exposed in a shop window.
The question is as to the similarity of the caricature and its libellous character. The remarksof a crowd of spectators on these points may be proved.
27.Evidence given by a witness in a judicial proceeding, or before any person
authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicialproceeding, or in a later stage of the same judicial proceeding, the truth of the facts whichit states, when the witness is dead or cannot be found, or is incapable of giving evidence,
or is kept out of the way by the adverse party, or if his presence cannot be obtained without
an amount of delay or expense which, under the circumstances of the case, the Courtconsiders unreasonable:
Provided that the proceeding was between the same parties or their representatives in
interest; that the adverse party in the first proceeding had the right and opportunity to
cross-examine and the questions in issue were substantially the same in the first as in thesecond proceeding.
Explanation. —A criminal trial or inquiry shall be deemed to be a proceeding between
the prosecutor and the accused within the meaning of this section.
Statements made under special circumstances
28.Entries in the books of account, including those maintained in an electronic form,
regularly kept in the course of business are relevant whenever they refer to a matter into
which the Court has to inquire, but such statements shall not alone be sufficient evidence
to charge any person with liability.
Illustration.
A sues B for one thousand rupees, and shows entries in his account book showing B
to be indebted to him to this amount. The entries are relevant, but are not sufficient, without
other evidence, to prove the debt.
29.An entry in any public or other official book, register or record or an electronic
record, stating a fact in issue or relevant fact, and made by a public servant in the dischargeof his official duty, or by any other person in performance of a duty specially enjoined bythe law of the country in which such book, register or record or an electronic record, is kept,
is itself a relevant fact.
30.Statements of facts in issue or relevant facts, made in published maps or charts
generally offered for public sale, or in maps or plans made under the authority of the CentralGovernment or any State Government, as to matters usually represented or stated in such
maps, charts or plans, are themselves relevant facts.
31.When the Court has to form an opinion as to the existence of any fact of a public
nature, any statement of it, made in a recital contained in any Central Act or State Act or ina Central Government or State Government notification appearing in the respective Official
Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette,
is a relevant fact.Relevancy of
certainevidence forproving, insubsequentproceeding,the truth offacts thereinstated.
Entries in
books ofaccount whenrelevant.
Relevancy of
entry in publicrecord or anelectronicrecord made inperformanceof duty.
Relevancy of
statements inmaps, chartsand plans.
Relevancy of
statement as
to fact of
public nature
contained in
certain Acts or
notifications.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 421
32.When the Court has to form an opinion as to a law of any country, any statement
of such law contained in a book purporting to be printed or published including in electronicor digital form under the authority of the Government of such country and to contain anysuch law, and any report of a ruling of the Courts of such country contained in a bookincluding in electronic or digital form purporting to be a report of such rulings, is relevant.
How much of a statement is to be proved
33.When any statement of which evidence is given forms part of a longer statement,
or of a conversation or part of an isolated document, or is contained in a document whichforms part of a book, or is contained in part of electronic record or of a connected series ofletters or papers, evidence shall be given of so much and no more of the statement,conversation, document, electronic record, book or series of letters or papers as the Courtconsiders necessary in that particular case to the full understanding of the nature and effectof the statement, and of the circumstances under which it was made.
Judgments of Courts when relevant
34.The existence of any judgment, order or decree which by law prevents any Court
from taking cognizance of a suit or holding a trial, is a relevant fact when the question iswhether such Court ought to take cognizance of such suit or to hold such trial.
35. (1) A final judgment, order or decree of a competent Court or Tribunal, in the
exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers uponor takes away from any person any legal character, or which declares any person to beentitled to any such character, or to be entitled to any specific thing, not as against anyspecified person but absolutely, is relevant when the existence of any such legal character,or the title of any such person to any such thing, is relevant.
(2) Such judgment, order or decree is conclusive proof that—
(i) any legal character, which it confers accrued at the time when such judgment,
order or decree came into operation;
(ii) any legal character to which it declares any such person to be entitled,
accrued to that person at the time when such judgment order or decree declares it tohave accrued to that person;
(iii) any legal character which it takes away from any such person ceased at the
time from which such judgment, order or decree declared that it had ceased or shouldcease; and
(iv) anything to which it declares any person to be so entitled was the property
of that person at the time from which such judgment, order or decree declares that ithad been or should be his property.
36.Judgments, orders or decrees other than those mentioned in section 31 are relevant
if they relate to matters of a public nature relevant to the enquiry; but such judgments,orders or decrees are not conclusive proof of that which they state.
Illustration.
A sues B for trespass on his land. B alleges the existence of a public right of way over
the land, which A denies. The existence of a decree in favour of the defendant, in a suit byA against C for a trespass on the same land, in which C alleged the existence of the sameright of way, is relevant, but it is not conclusive proof that the right of way exists.Relevancy ofstatements asto any lawcontained inlaw booksincludingelectronic ordigital form.
What evidence
to be givenwhen statementforms part of aconversation,document,electronicrecord, book orseries of lettersor papers.
Previous
judgmentsrelevant to bara second suitor trial.
Relevancy of
certainjudgments inprobate, etc.,jurisdiction.
Relevancy and
effect ofjudgments,orders ordecrees, otherthan thosementioned insection 31.
37.Judgments or orders or decrees, other than those mentioned in sections 34, 35
and 36 are irrelevant, unless the existence of such judgment or order or decree is a fact inissue, or is relevant under some other provision of this Adhiniyam.
Illustrations.
(a) A and B separately sue C for a libel which reflects upon each of them. C in each
case says that the matter alleged to be libellous is true, and the circumstances are such thatit is probably true in each case, or in neither. A obtains a decree against C for damages on theground that C failed to make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the
Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B duringA's lifetime. C says that she never was A's wife. The judgment against B is irrelevant asagainst C.
(c) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C
for the cow, which B had sold to him before his conviction. As between A and C, thejudgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against B. C, B's son, murders
A in consequence. The existence of the judgment is relevant, as showing motive for a crime.
(e) A is charged with theft and with having been previously convicted of theft. The
previous conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was
convicted and sentenced is relevant under section 8 as showing the motive for the fact inissue.
38.Any party to a suit or other proceeding may show that any judgment, order or
decree which is relevant under sections 34, 35 and 36, and which has been proved by theadverse party, was delivered by a Court not competent to deliver it, or was obtained byfraud or collusion.
Opinions of third persons when relevant
39. (1) When the Court has to form an opinion upon a point of foreign law or of
science or art, or any other field, or as to identity of handwriting or finger impressions, theopinions upon that point, of persons specially skilled in such foreign law, science or art, orany other field, or in questions as to identity of handwriting or finger impressions arerelevant facts and such persons are called experts.
Illustrations.
(a) The question is, whether the death of A was caused by poison. The opinions of
experts as to the symptoms produced by the poison by which A is supposed to have died,are relevant.
(b) The question is, whether A, at the time of doing a certain act, was, by reason of
unsoundness of mind, incapable of knowing the nature of the act, or that he was doing whatwas either wrong or contrary to law. The opinions of experts upon the question whether thesymptoms exhibited by A commonly show unsoundness of mind, and whether suchunsoundness of mind usually renders persons incapable of knowing the nature of the actswhich they do, or of knowing that what they do is either wrong or contrary to law, arerelevant.
(c) The question is, whether a certain document was written by A. Another document
is produced which is proved or admitted to have been written by A. The opinions of expertsJudgments,etc., otherthan thosementioned insections 34, 35and 36 whenrelevant.
Fraud or
collusion inobtainingjudgment, orincompetencyof Court, maybe proved.
Opinions of
experts.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 423
on the question whether the two documents were written by the same person or by different
persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to
any information transmitted or stored in any computer resource or any other electronic ordigital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A ofthe Information Technology Act, 2000, is a relevant fact.
Explanation. —For the purposes of this sub-section, an Examiner of Electronic Evidence
shall be an expert.
40.Facts, not otherwise relevant, are relevant if they support or are inconsistent
with the opinions of experts, when such opinions are relevant.
Illustrations.
(a) The question is, whether A was poisoned by a certain poison. The fact that other
persons, who were poisoned by that poison, exhibited certain symptoms which expertsaffirm or deny to be the symptoms of that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain
sea-wall. The fact that other harbours similarly situated in other respects, but where therewere no such sea-walls, began to be obstructed at about the same time, is relevant.
41. (1) When the Court has to form an opinion as to the person by whom any document
was written or signed, the opinion of any person acquainted with the handwriting of theperson by whom it is supposed to be written or signed that it was or was not written orsigned by that person, is a relevant fact.
Explanation. —A person is said to be acquainted with the handwriting of another
person when he has seen that person write, or when he has received documents purportingto be written by that person in answer to documents written by himself or under his authorityand addressed to that person, or when, in the ordinary course of business, documentspurporting to be written by that person have been habitually submitted to him.
Illustration.
The question is, whether a given letter is in the handwriting of A, a merchant in
Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and receivedletters purporting to be written by him. C, is B's clerk whose duty it was to examine and fileB's correspondence. D is B's broker, to whom B habitually submitted the letters purportingto be written by A for the purpose of advising with him thereon. The opinions of B, C and Don the question whether the letter is in the handwriting of A are relevant, though neither B,C nor D ever saw A write.
(2) When the Court has to form an opinion as to the electronic signature of any
person, the opinion of the Certifying Authority which has issued the Electronic SignatureCertificate is a relevant fact.
42.When the Court has to form an opinion as to the existence of any general custom
or right, the opinions, as to the existence of such custom or right, of persons who would belikely to know of its existence if it existed, are relevant.
Explanation. —The expression "general custom or right" includes customs or rights
common to any considerable class of persons.
Illustration.
The right of the villagers of a particular village to use the water of a particular well is
a general right within the meaning of this section.
43.When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;Facts bearing
upon opinionsof experts.
Opinion as to
handwritingand digitalsignature,when relevant.
Opinion as to
existence ofgeneral customor right, whenrelevant.
Opinion as to
usages, tenets,
etc., when
relevant.21 of 2000.
(ii) the constitution and governance of any religious or charitable
foundation; or
(iii) the meaning of words or terms used in particular districts or by particular
classes of people;
(iv) the opinions of persons having special means of knowledge thereon, are
relevant facts.
44. When the Court has to form an opinion as to the relationship of one person to
another, the opinion, expressed by conduct, as to the existence of such relationship, of anyperson who, as a member of the family or otherwise, has special means of knowledge on thesubject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings
under the Divorce Act, 1869, or in prosecutions under section of the Bharatiya NyayaSanhita, 2023.
Illustrations.
(a) The question is, whether A and B were married. The fact that they were usually
received and treated by their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always
treated as such by members of the family, is relevant.
45. Whenever the opinion of any living person is relevant, the grounds on which
such opinion is based are also relevant.
Illustration.
An expert may give an account of experiments performed by him for the purpose of
forming his opinion.
Character when relevant
46.In civil cases, the fact that the character of any person concerned is such as to
render probable or improbable any conduct imputed to him, is irrelevant, except insofar assuch character appears from facts otherwise relevant.
47.In criminal proceedings, the fact that the person accused is of a good character,
is relevant.
48.In a prosecution for an offence under section 64, section 65, section 67, section 68,
section 70, section 71, section 73, section 74, section 75, section 76 or section 77 of theBharatiya Nagarik Suraksha Sanhita, 2023 or for attempt to commit any such offence, where
the question of consent is in issue, evidence of the character of the victim or of such
person's previous sexual experience with any person shall not be relevant on the issue ofsuch consent or the quality of consent.
49.In criminal proceedings, the fact that the accused has a bad character, is irrelevant,
unless evidence has been given that he has a good character, in which case it becomes
relevant.
Explanation 1.—This section does not apply to cases in which the bad character of
any person is itself a fact in issue.
Explanation 2.—A previous conviction is relevant as evidence of bad character.Opinion on
relationship,when relevant.
Grounds of
opinion, whenrelevant.
In civil cases,
character toprove conductimputed,irrelevant.
In criminal
cases, previousgood characterrelevant.
Evidence of
character orprevious sexualexperience notrelevant incertain cases.
Previous bad
character notrelevant,except in reply.4 of 1869.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 425
50.In civil cases, the fact that the character of any person is such as to affect the
amount of damages which he ought to receive, is relevant.
Explanation. —In this and sections 46, 47 and 49, the word "character" includes both
reputation and disposition; but, except as provided in section 59, evidence may be givenonly of general reputation and general disposition, and not of particular acts by whichreputation or disposition has been shown.
PART III
O
N PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
51.No fact of which the Court will take judicial notice need be proved.
52. (1) The Court shall take judicial notice of the following facts, namely:—
(a) all laws in force in the territory of India including laws having extra-territorial
operation;
(b) international treaty, agreement or convention with country or countries by
India, or decisions made by India at the international associations or other bodies;
(c) the course of proceeding of the Constituent Assembly of India, of Parliament
of India and of the State Legislatures;
(d) the seals of all Courts and Tribunals;
(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public,
and all seals which any person is authorised to use by the Constitution, or by an Actof Parliament or State Legislatures, or Regulations having the force of law in India;
(f) the accession to office, names, titles, functions, and signatures of the persons
filling for the time being any public office in any State, if the fact of their appointmentto such office is notified in any Official Gazette;
(g) the existence, title and national flag of every country or sovereign recognised
by the Government of India;
(h) the divisions of time, the geographical divisions of the world, and public
festivals, fasts and holidays notified in the Official Gazette;
(i) the territory of India;
(j) the commencement, continuance and termination of hostilities between the
Government of India and any other country or body of persons;
(k) the names of the members and officers of the Court, and of their deputies
and subordinate officers and assistants, and also of all officers acting in execution ofits process, and of advocates and other persons authorised by law to appear or actbefore it;
(l) the rule of the road or land or at sea.
(2) In the cases referred to in sub-section ( 1) and also on all matters of public history,
literature, science or art, the Court may resort for its aid to appropriate books or documentsof reference and if the Court is called upon by any person to take judicial notice of any fact,it may refuse to do so unless and until such person produces any such book or documentas it may consider necessary to enable it to do so.Character asaffectingdamages.
Fact judicially
noticeableneed not beproved.
Facts of which
Court shalltake judicialnotice.
53.No fact need to be proved in any proceeding which the parties thereto or their
agents agree to admit at the hearing, or which, before the hearing, they agree to admit byany writing under their hands, or which by any rule of pleading in force at the time they aredeemed to have admitted by their pleadings:
Provided that the Court may, in its discretion, require the facts admitted to be proved
otherwise than by such admissions.
CHAPTER IV
O
F ORAL EVIDENCE
54.All facts, except the contents of documents may be proved by oral evidence.
55.Oral evidence shall, in all cases whatever, be direct; if it refers to,—
(i) a fact which could be seen, it must be the evidence of a witness who says he
saw it;
(ii) a fact which could be heard, it must be the evidence of a witness who says
he heard it;
(iii) a fact which could be perceived by any other sense or in any other manner,
it must be the evidence of a witness who says he perceived it by that sense or in thatmanner;
(iv) an opinion or to the grounds on which that opinion is held, it must be the
evidence of the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treatise commonly offered for
sale, and the grounds on which such opinions are held, may be proved by the production
of such treatises if the author is dead, or cannot be found, or has become incapable ofgiving evidence, or cannot be called as a witness without an amount of delay or expensewhich the Court regards as unreasonable:
Provided further that, if oral evidence refers to the existence or condition of any
material thing other than a document, the Court may, if it thinks fit, require the production ofsuch material thing for its inspection.
CHAPTER V
O
F DOCUMENTARY EVIDENCE
56.The contents of documents may be proved either by primary or by secondary
evidence.
57.Primary evidence means the document itself produced for the inspection of the
Court.
Explanation 1.—Where a document is executed in several parts, each part is primary
evidence of the document.
Explanation 2.—Where a document is executed in counterpart, each counterpart
being executed by one or some of the parties only, each counterpart is primary evidence asagainst the parties executing it.
Explanation 3.—Where a number of documents are all made by one uniform process,
as in the case of printing, lithography or photography, each is primary evidence of thecontents of the rest; but, where they are all copies of a common original, they are notprimary evidence of the contents of the original.Facts admittedneed not beproved.
Proof of facts
by oralevidence.
Oral evidence
to be direct.
Proof of
contents ofdocuments.
Primary
evidence.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 427
Explanation 4.—Where an electronic or digital record is created or stored, and such
storage occurs simultaneously or sequentially in multiple files, each such file is primaryevidence.
Explanation 5.—Where an electronic or digital record is produced from proper
custody, such electronic and digital record is primary evidence unless it is disputed.
Explanation 6.—Where a video recording is simultaneously stored in electronic
form and transmitted or broadcast or transferred to another, each of the stored recordings isprimary evidence.
Explanation 7.—Where an electronic or digital record is stored in multiple storage
spaces in a computer resource, each such automated storage, including temporary files, isprimary evidence.
Illustration.
A person is shown to have been in possession of a number of placards, all printed at
one time from one original. Any one of the placards is primary evidence of the contents ofany other, but no one of them is primary evidence of the contents of the original.
58. Secondary evidence includes—
(1) certified copies given under the provisions hereinafter contained;
(2) copies made from the original by mechanical processes which in themselves
ensure the accuracy of the copy, and copies compared with such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not execute
them;
(5) oral accounts of the contents of a document given by some person who
has himself seen it;
(6) oral admissions;
(7) written admissions;
(8) evidence of a person who has examined a document, the original of which
consists of numerous accounts or other documents which cannot conveniently beexamined in Court, and who is skilled in the examination of such documents.
Illustration.
(a) A photograph of an original is secondary evidence of its contents, though the
two have not been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary
evidence of the contents of the letter, if it is shown that the copy made by the copyingmachine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is
secondary evidence; but the copy not so compared is not secondary evidence of theoriginal, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account
of a photograph or machine-copy of the original, is secondary evidence of the original.
59. Documents shall be proved by primary evidence except in the cases hereinafter
mentioned.Secondaryevidence.
Proof of
documents byprimaryevidence.
60. Secondary evidence may be given of the existence, condition, or contents of a
document in the following cases, namely: —
(a) when the original is shown or appears to be in the possession or power—
(i) of the person against whom the document is sought to be proved; or
(ii) of any person out of reach of, or not subject to, the process of the
Court; or
(iii) of any person legally bound to produce it,
and when, after the notice mentioned in section 64 such person does not produce it;
(b) when the existence, condition or contents of the original have been proved
to be admitted in writing by the person against whom it is proved or by hisrepresentative in interest;
(c) when the original has been destroyed or lost, or when the party offering
evidence of its contents cannot, for any other reason not arising from his own defaultor neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this
Adhiniyam, or by any other law in force in India to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which
cannot conveniently be examined in Court, and the fact to be proved is the generalresult of the whole collection;
(h) when the genuineness of the document itself is in question.
Explanation. —For the purposes of,—
(i) clauses ( a), (c) and ( d), any secondary evidence of the contents of the
document is admissible;
(ii) clause ( b), the written admission is admissible;
(iii) clauses ( e) or ( f), a certified copy of the document, but no other kind of
secondary evidence, is admissible;
(iv) clause ( g), evidence may be given as to the general result of the documents
by any person who has examined them, and who is skilled in the examination of suchdocuments.
61.Nothing in the Adhiniyam shall apply to deny the admissibility of an electronic or
digital record in the evidence on the ground that it is an electronic or digital record and suchrecord shall have the same legal effect, validity and enforceability as paper records.
62.The contents of electronic records may be proved in accordance with the
provisions of section 59.
63. (1) Notwithstanding anything contained in this Adhiniyam, any information
contained in an electronic record which is printed on paper, stored, recorded or copied inoptical or magnetic media or semiconductor memory which is produced by a computer orany communication device or otherwise stored, recorded or copied in any electronic form(hereinafter referred to as the computer output) shall be deemed to be also a document, ifthe conditions mentioned in this section are satisfied in relation to the information andCases in whichsecondaryevidencerelating todocuments maybe given.
Admissibility of
electronic ordigital record.
Special
provisions as toevidencerelating toelectronicrecord.
Admissibility
of electronicrecords.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 429
computer in question and shall be admissible in any proceedings, without further proof or
production of the original, as evidence or any contents of the original or of any fact statedtherein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section ( 1) in respect of a computer output shall
be the following, namely:—
(a) the computer output containing the information was produced by the
computer or communication device during the period over which the computer wasused regularly to create, store or process information for the purposes of any activityregularly carried on over that period by the person having lawful control over the useof the computer or communication device;
(b) during the said period, information of the kind contained in the electronic
record or of the kind from which the information so contained is derived was regularlyfed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer or
communication device was operating properly or, if not, then in respect of any periodin which it was not operating properly or was out of operation during that part of theperiod, was not such as to affect the electronic record or the accuracy of its contents;and
(d) the information contained in the electronic record reproduces or is derived
from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of creating, storing or processing information
for the purposes of any activity regularly carried on over that period as mentioned inclause ( a) of sub-section ( 2) was regularly performed by means of one or more computers or
communication device, whether—
(a) in standalone mode; or
(b) on a computer system; or
(c) on a computer network; or
(d) on a computer resource enabling information-creation or providing
information—processing and storage; or
(e) through an intermediary.
Explanation. —All the computers used for that purpose during that period shall be
treated for the purposes of this section as constituting a single computer; and references inthis section to a computer shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of
this section, a certificate doing any of the following things shall be submitted along with theelectronic record at each instance where it is being submitted for admission, namely:—
(a) identifying the electronic record containing the statement and describing
the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that
electronic record as may be appropriate for the purpose of showing that the electronicrecord was produced by a computer or a communication device referred to in clauses ( a)
to (e) of sub-section ( 3);
(c) dealing with any of the matters to which the conditions mentioned in
sub-section ( 2) relate, and purporting to be signed by a person in charge of the
computer or communication device and an expert (whichever is appropriate) shall beevidence of any matter stated in the certificate; and for the purposes of this sub-sectionit shall be sufficient for a matter to be stated to the best of the knowledge and beliefof the person stating it in the form specified in the Schedule.
(5) For the purposes of this section,—
(a) information shall be taken to be supplied to a computer or communication
device if it is supplied thereto in any appropriate form and whether it is so supplieddirectly or (with or without human intervention) by means of any appropriateequipment;
(b) a computer output shall be taken to have been produced by a computer or
communication device whether it was produced by it directly or (with or withouthuman intervention) by means of any appropriate equipment or by other electronicmeans as referred to in clauses ( a) to ( e) of sub-section ( 3).
64.Secondary evidence of the contents of the documents referred to in clause ( a) of
section 60, shall not be given unless the party proposing to give such secondary evidencehas previously given to the party in whose possession or power the document is, or to hisadvocate or representative, such notice to produce it as is prescribed by law; and if nonotice is prescribed by law, then such notice as the Court considers reasonable under thecircumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence
admissible in any of the following cases, or in any other case in which the Court thinks fit todispense with it: —
(a) when the document to be proved is itself a notice;
(b) when, from the nature of the case, the adverse party must know that he will
be required to produce it;
(c) when it appears or is proved that the adverse party has obtained possession
of the original by fraud or force;
(d) when the adverse party or his agent has the original in Court;
(e) when the adverse party or his agent has admitted the loss of the document;
(f) when the person in possession of the document is out of reach of, or not
subject to, the process of the Court.
65.If a document is alleged to be signed or to have been written wholly or in part by
any person, the signature or the handwriting of so much of the document as is alleged to bein that person's handwriting must be proved to be in his handwriting.
66.Except in the case of a secure electronic signature, if the electronic signature of
any subscriber is alleged to have been affixed to an electronic record, the fact that suchelectronic signature is the electronic signature of the subscriber must be proved.
67.If a document is required by law to be attested, it shall not be used as evidence
until one attesting witness at least has been called for the purpose of proving its execution,if there be an attesting witness alive, and subject to the process of the Court and capable ofgiving evidence:
Provided that it shall not be necessary to call an attesting witness in proof of the
execution of any document, not being a Will, which has been registered in accordance withthe provisions of the Indian Registration Act, 1908, unless its execution by the person bywhom it purports to have been executed is specifically denied.
68.If no such attesting witness can be found, it must be proved that the attestation
of one attesting witness at least is in his handwriting, and that the signature of the personexecuting the document is in the handwriting of that person.Rules as tonotice toproduce.
Proof of
signature andhandwriting ofperson allegedto have signedor writtendocumentproduced.
Proof as to
electronicsignature.
Proof of
execution ofdocumentrequired by lawto be attested.
Proof where
no attestingwitness found.16 of 1908.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 431
69.The admission of a party to an attested document of its execution by himself
shall be sufficient proof of its execution as against him, though it be a document required bylaw to be attested.
70.If the attesting witness denies or does not recollect the execution of the document,
its execution may be proved by other evidence.
71.An attested document not required by law to be attested may be proved as if it
was unattested.
72. (1) In order to ascertain whether a signature, writing, or seal is that of the person
by whom it purports to have been written or made, any signature, writing, or seal admittedor proved to the satisfaction of the Court to have been written or made by that person maybe compared with the one which is to be proved, although that signature, writing, or sealhas not been produced or proved for any other purpose.
(2) The Court may direct any person present in Court to write any words or figures for
the purpose of enabling the Court to compare the words or figures so written with anywords or figures alleged to have been written by such person.
(3) This section applies also, with any necessary modifications, to finger impressions.
73.In order to ascertain whether a digital signature is that of the person by whom it
purports to have been affixed, the Court may direct—
(a) that person or the Controller or the Certifying Authority to produce the
Digital Signature Certificate;
(b) any other person to apply the public key listed in the Digital Signature
Certificate and verify the digital signature purported to have been affixed by thatperson.
Public documents
74. (1) The following documents are public documents:—
(a) documents forming the acts, or records of the acts—
(i) of the sovereign authority;
(ii) of official bodies and tribunals; and
(iii) of public officers, legislative, judicial and executive of India or of a
foreign country;
(b) public records kept in any State or Union territory of private documents.
(2) All other documents except the documents referred to in sub-section ( 1) are
private.
75.Every public officer having the custody of a public document, which any person
has a right to inspect, shall give that person on demand a copy of it on payment of the legalfees therefor, together with a certificate written at the foot of such copy that it is a true copyof such document or part thereof, as the case may be, and such certificate shall be dated andsubscribed by such officer with his name and his official title, and shall be sealed, wheneversuch officer is authorised by law to make use of a seal; and such copies so certified shall becalled certified copies.Admission ofexecution byparty toattesteddocument.
Proof when
attestingwitness deniesthe execution.
Proof of
document notrequired by lawto be attested.
Comparison
of signature,writing or sealwith othersadmitted orproved.
Proof as to
verification ofdigitalsignature.
Public and
privatedocuments.
Certified
copies ofpublicdocuments.
Explanation. —Any officer who, by the ordinary course of official duty, is authorised
to deliver such copies, shall be deemed to have the custody of such documents within themeaning of this section.
76.Such certified copies may be produced in proof of the contents of the public
documents or parts of the public documents of which they purport to be copies.
77.The following public documents may be proved as follows:—
(a) Acts, orders or notifications of the Central Government in any of its Ministries
and Departments or of any State Government or any Department of any StateGovernment or Union territory Administration,—
(i) by the records of the Departments, certified by the head of those
Departments respectively; or
(ii) by any document purporting to be printed by order of any such
Government;
(b) the proceedings of Parliament or a State Legislative Assembly, by the journals
of those bodies respectively, or by published Acts or abstracts, or by copies purportingto be printed by order of the Government concerned;
(c) proclamations, orders or regulations issued by the President of India or the
Governor of a State or the Administrator or Lieutenant Governor of a Union territory,by copies or extracts contained in the Official Gazette;
(d) the Acts of the Executive or the proceedings of the Legislature of a foreign
country, by journals published by their authority, or commonly received in that countryas such, or by a copy certified under the seal of the country or sovereign, or by arecognition thereof in some Central Act;
(e) the proceedings of a municipal or local body in a State, by a copy of such
proceedings, certified by the legal keeper thereof, or by a printed book purporting tobe published by the authority of such body;
(f) public documents of any other class in a foreign country, by the original or
by a copy certified by the legal keeper thereof, with a certificate under the seal of aNotary Public, or of an Indian Consul or diplomatic agent, that the copy is dulycertified by the officer the legal custody of the original, and upon proof of the characterof the document according to the law of the foreign country.
Presumptions as to documents
78. (1) The Court shall presume to be genuine every document purporting to be a
certificate, certified copy or other document, which is by law declared to be admissible asevidence of any particular fact, and which purports to be duly certified by any officer of theCentral Government or of a State Government:
Provided that such document is substantially in the form and purports to be executed
in the manner directed by law in that behalf.
(2) The Court shall also presume that any officer by whom any such document
purports to be signed or certified, held, when he signed it, the official character which heclaims in such paper.
79. Whenever any document is produced before any Court, purporting to be a record
or memorandum of the evidence, or of any part of the evidence, given by a witness in ajudicial proceeding or before any officer authorised by law to take such evidence or to be astatement or confession by any prisoner or accused person, taken in accordance with law,Proof ofdocuments byproduction ofcertifiedcopies.
Proof of other
officialdocuments.
Presumption
as togenuineness ofcertifiedcopies.
Presumption as
to documentsproduced asrecord ofevidence, etc.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 433
and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid,
the Court shall presume that—
(i) the document is genuine;
(ii) any statements as to the circumstances under which it was taken, purporting
to be made by the person signing it, are true; and
(iii) such evidence, statement or confession was duly taken.
80.The Court shall presume the genuineness of every document purporting to be
the Official Gazette, or to be a newspaper or journal, and of every document purporting to bea document directed by any law to be kept by any person, if such document is keptsubstantially in the form required by law and is produced from proper custody.
Explanation. —For the purposes of this section and section 92, document is said to
be in proper custody if it is in the place in which, and looked after by the person with whomsuch document is required to be kept; but no custody is improper if it is proved to have hada legitimate origin, or if the circumstances of the particular case are such as to render thatorigin probable.
81. The Court shall presume the genuineness of every electronic or digital record
purporting to be the Official Gazette, or purporting to be electronic or digital record directedby any law to be kept by any person, if such electronic or digital record is kept substantiallyin the form required by law and is produced from proper custody.
Explanation. — For the purposes of this section and section 96 electronic records are
said to be in proper custody if they are in the place in which, and looked after by the personwith whom such document is required to be kept; but no custody is improper if it is provedto have had a legitimate origin, or the circumstances of the particular case are such as torender that origin probable.
82.The Court shall presume that maps or plans purporting to be made by the authority
of the Central Government or any State Government were so made, and are accurate; butmaps or plans made for the purposes of any cause must be proved to be accurate.
83.The Court shall presume the genuineness of, every book purporting to be printed
or published under the authority of the Government of any country, and to contain any ofthe laws of that country, and of every book purporting to contain reports of decisions of theCourts of such country.
84.The Court shall presume that every document purporting to be a power-of-
attorney, and to have been executed before, and authenticated by, a Notary Public, or anyCourt, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the CentralGovernment, was so executed and authenticated.
85.The Court shall presume that every electronic record purporting to be an agreement
containing the electronic or digital signature of the parties was so concluded by affixing theelectronic or digital signature of the parties.
86. (1) In any proceedings involving a secure electronic record, the Court shall presume
unless contrary is proved, that the secure electronic record has not been altered since thespecific point of time to which the secure status relates.
(2) In any proceedings, involving secure digital signature, the Court shall presume
unless the contrary is proved that—
(a) the secure electronic signature is affixed by subscriber with the intention of
signing or approving the electronic record;
(b) except in the case of a secure electronic record or a secure electronic signature,
nothing in this section shall create any presumption, relating to authenticity andintegrity of the electronic record or any electronic signature.Presumptionas to Gazettes,newspapers,and otherdocuments.
Presumption
as to Gazettesin electronicor digitalrecord.
Presumption
as to maps or
plans made by
authority of
Government.
Presumption as
to collectionsof laws andreports ofdecisions.
Presumption
as to powers-of-attorney.
Presumption as
to electronicagreements.
Presumption
as toelectronicrecords andelectronicsignatures.
87.The Court shall presume, unless contrary is proved, that the information listed in
an Electronic Signature Certificate is correct, except for information specified as subscriberinformation which has not been verified, if the certificate was accepted by the subscriber.
88. (1) The Court may presume that any document purporting to be a certified copy of
any judicial record of any country beyond India is genuine and accurate, if the document
purports to be certified in any manner which is certified by any representative of the Central
Government, in or for such country, to be the manner commonly in use in that country for
the certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India is a Political
Agent therefor, as defined in clause ( 43) of section 3 of the General Clauses Act, 1897, shall,
for the purposes of this section, be deemed to be a representative of the Central Government
in and for the country comprising that territory or place.
89. The Court may presume that any book to which it may refer for information on
matters of public or general interest, and that any published map or chart, the statements of
which are relevant facts, and which is produced for its inspection, was written and publishedby the person, and at the time and place, by whom or at which it purports to have been
written or published.
90. The Court may presume that an electronic message, forwarded by the originator
through an electronic mail server to the addressee to whom the message purports to be
addressed corresponds with the message as fed into his computer for transmission; but the
Court shall not make any presumption as to the person by whom such message was sent.
91.The Court shall presume that every document, called for and not produced after
notice to produce, was attested, stamped and executed in the manner required by law.
92.Where any document, purporting or proved to be thirty years old, is produced
from any custody which the Court in the particular case considers proper, the Court may
presume that the signature and every other part of such document, which purports to be in
the handwriting of any particular person, is in that person's handwriting, and, in the case of
a document executed or attested, that it was duly executed and attested by the persons by
whom it purports to be executed and attested.
Explanation to section 83 shall also apply to this section.
Illustration.
(a) A has been in possession of landed property for a long time. He produces from
his custody deeds relating to the land showing his titles to it. The custody shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The
mortgagor is in possession. The custody shall be proper.
(c) A, a connection of B, produces deeds relating to lands in B's possession, which
were deposited with him by B for safe custody. The custody shall be proper.
93.Where any electronic record, purporting or proved to be five years old, is produced
from any custody which the Court in the particular case considers proper, the Court may
presume that the electronic signature which purports to be the electronic signature of anyparticular person was so affixed by him or any person authorised by him in this behalf.
Explanation to section 84 shall also apply to this section.Presumption as
to ElectronicSignatureCertificates.
Presumption
as to certifiedcopies offoreign judicialrecords.
Presumption
as to books,maps andcharts.
Presumption
as toelectronicmessages.
Presumption as
to due
execution, etc.,of documentsnot produced.
Presumption
as todocumentsthirty yearsold.
Presumption
as toelectronicrecords fiveyears old.10 of 1897.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 435
CHAPTER VI
OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
94. When the terms of a contract, or of a grant, or of any other disposition of property,
have been reduced to the form of a document, and in all cases in which any matter is
required by law to be reduced to the form of a document, no evidence shall be given in proofof the terms of such contract, grant or other disposition of property, or of such matter,except the document itself, or secondary evidence of its contents in cases in which secondary
evidence is admissible under the provisions hereinbefore contained.
Exception 1.—When a public officer is required by law to be appointed in writing,
and when it is shown that any particular person has acted as such officer, the writing bywhich he is appointed need not be proved.
Exception 2.—Wills admitted to probate in India may be proved by the probate.
Explanation 1.—This section applies equally to cases in which the contracts, grants
or dispositions of property referred to are contained in one document, and to cases in whichthey are contained in more documents than one.
Explanation 2.— Where there are more originals than one, one original only need be
proved.
Explanation 3.— The statement, in any document whatever, of a fact other than the
facts referred to in this section, shall not preclude the admission of oral evidence as to thesame fact.
Illustration.
(a) If a contract be contained in several letters, all the letters in which it is contained
must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be
proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts in writing with B, for the delivery of indigo upon certain terms. The
contract mentions the fact that B had paid A the price of other indigo contracted for verballyon another occasion. Oral evidence is offered that no payment was made for the otherindigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment.
The evidence is admissible.
95. When the terms of any such contract, grant or other disposition of property, or
any matter required by law to be reduced to the form of a document, have been provedaccording to the last section, no evidence of any oral agreement or statement shall beadmitted, as between the parties to any such instrument or their representatives in interest,for the purpose of contradicting, varying, adding to, or subtracting from, its terms:
Provided that any fact may be proved which would invalidate any document, or
which would entitle any person to any decree or order relating thereto; such as fraud,intimidation, illegality, want of due execution, want of capacity in any contracting party,want or failure of consideration, or mistake in fact or law:
Provided further that the existence of any separate oral agreement as to any matter on
which a document is silent, and which is not inconsistent with its terms, may be proved. Inconsidering whether or not this proviso applies, the Court shall have regard to the degreeof formality of the document:
Provided also that the existence of any separate oral agreement, constituting a condition
precedent to the attaching of any obligation under any such contract, grant or dispositionof property, may be proved:
Provided also that the existence of any distinct subsequent oral agreement to rescind
or modify any such contract, grant or disposition of property, may be proved, except inEvidence ofterms ofcontracts,grants andotherdispositions ofpropertyreduced to formof document.
Exclusion of
evidence oforalagreement.
cases in which such contract, grant or disposition of property is by law required to be in
writing, or has been registered according to the law in force for the time being as to theregistration of documents:
Provided also that any usage or custom by which incidents not expressly mentioned
in any contract are usually annexed to contracts of that description, may be proved:
Provided also that the annexing of such incident would not be repugnant to, or
inconsistent with, the express terms of the contract:
Provided also that any fact may be proved which shows in what manner the language
of a document is related to existing facts.
Illustration.
(a) A policy of insurance is effected on goods "in ships from Kolkata to
Vishakhapatnam". The goods are shipped in a particular ship which is lost. The fact thatparticular ship was orally excepted from the policy, cannot be proved.
(b) A agrees absolutely in writing to pay B one thousand rupees on the 1st March,
2023. The fact that, at the same time, an oral agreement was made that the money should notbe paid till the 31st March, 2023, cannot be proved.
(c) An estate called "the Rampur tea estate" is sold by a deed which contains a map
of the property sold. The fact that land not included in the map had always been regardedas part of the estate and was meant to pass by the deed cannot be proved.
(d) A enters into a written contract with B to work certain mines, the property of B,
upon certain terms. A was induced to do so by a misrepresentation of B's as to their value.This fact may be proved.
(e) A institutes a suit against B for the specific performance of a contract, and also
prays that the contract may be reformed as to one of its provisions, as that provision was
inserted in it by mistake. A may prove that such a mistake was made as would by law entitle
him to have the contract reformed.
(f) A orders goods of B by a letter in which nothing is said as to the time of payment,
and accepts the goods on delivery. B sues A for the price. A may show that the goods weresupplied on credit for a term still unexpired.
(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these
words: "Bought of A a horse for thirty thousand rupees". B may prove the verbal warranty.
(h) A hires lodgings of B, and gives B a card on which is written—"Rooms, ten
thousand rupees a month." A may prove a verbal agreement that these terms were toinclude partial board. A hires lodging of B for a year, and a regularly stamped agreement,drawn up by an advocate, is made between them. It is silent on the subject of board. A maynot prove that board was included in the term verbally.
(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the
receipt and does not send the money. In a suit for the amount, A may prove this.
(j) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B who sues A upon it. A may show the circumstancesunder which it was delivered.
96.When the language used in a document is, on its face, ambiguous or defective,
evidence may not be given of facts which would show its meaning or supply its defects.
Illustrations.
(a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty
thousand rupees". Evidence cannot be given to show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show
how they were meant to be filled. Exclusion of
evidence to
explain or
amend
ambiguous
document.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 437
97.When language used in a document is plain in itself, and when it applies accurately
to existing facts, evidence may not be given to show that it was not meant to apply to suchfacts.
Illustration.
A sells to B, by deed, "my estate at Rampur containing one hundred bighas". A has an
estate at Rampur containing one hundred bighas. Evidence may not be given of the factthat the estate meant to be sold was one situated at a different place and of a different size.
98.When language used in a document is plain in itself, but is unmeaning in reference
to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration.
A sells to B, by deed, "my house in Kolkata". A had no house in Kolkata, but it
appears that he had a house at Howrah, of which B had been in possession since theexecution of the deed. These facts may be proved to show that the deed related to thehouse at Howrah.
99. When the facts are such that the language used might have been meant to apply
to any one, and could not have been meant to apply to more than one, of several persons orthings, evidence may be given of facts which show which of those persons or things it wasintended to apply to.
Illustration.
(a) A agrees to sell to B, for one thousand rupees, "my white horse". A has two white
horses. Evidence may be given of facts which show which of them was meant.
(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing
whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.
100. When the language used applies partly to one set of existing facts, and partly to
another set of existing facts, but the whole of it does not apply correctly to either, evidencemay be given to show to which of the two it was meant to apply.
Illustration.
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not
in the occupation of Y , and he has land in the occupation of Y but it is not at X. Evidencemay be given of facts showing which he meant to sell.
101. Evidence may be given to show the meaning of illegible or not commonly
intelligible characters, of foreign, obsolete, technical or local and regional expressions, ofabbreviations and of words used in a peculiar sense.
Illustration.
A, sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools.
Evidence may be given to show which he meant to sell.
102. Persons who are not parties to a document, or their representatives in interest,
may give evidence of any facts tending to show a contemporaneous agreement varying theterms of the document.
Illustration.
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on
delivery. At the same time, they make an oral agreement that three months credit shall begiven to A. This could not be shown as between A and B, but it might be shown by C, if itaffected his interests.
103. Nothing in this Chapter contained shall be taken to affect any of the provisions
of the Indian Succession Act, 1925 as to the construction of Wills.Exclusion of
evidence
against
application of
document to
existing facts.
Evidence as to
documentunmeaningreference toexisting facts.
Evidence as to
application of
language which
can apply to
one only of
several persons.
Evidence as to
application of
language to one
of two sets of
facts, to
neither of
which the
whole correctly
applies.
Evidence as to
meaning of
illegible
characters,
etc.
Saving of
provisions of
Indian
Succession Act
relating to
Wills.Who may
give evidence
of agreement
varying terms
of document.
39 of 1925.
PART IV
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
OF THE BURDEN OF PROOF
104. Whoever desires any Court to give judgment as to any legal right or liability
dependent on the existence of facts which he asserts must prove that those facts exist, andwhen a person is bound to prove the existence of any fact, it is said that the burden of prooflies on that person.
Illustration.
(a) A desires a Court to give judgment that B shall be punished for a crime which A
says B has committed. A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the
possession of B, by reason of facts which he asserts, and which B denies, to be true. A mustprove the existence of those facts.
105. The burden of proof in a suitor proceeding lies on that person who would fail if
no evidence at all were given on either side.
Illustration.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to
A by the Will of C, B's father. If no evidence were given on either side, B would be entitledto retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B
says that it was obtained by fraud, which A denies. If no evidence were given on either side,A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, theburden of proof is on B.
106. The burden of proof as to any particular fact lies on that person who wishes the
Court to believe in its existence, unless it is provided by any law that the proof of that factshall lie on any particular person.
Illustration.
(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft
to C. A must prove the admission.
(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He
must prove it.
107. The burden of proving any fact necessary to be proved in order to enable any
person to give evidence of any other fact is on the person who wishes to give suchevidence.
Illustration.
(a) A wishes to prove a dying declaration by B. A must prove B's death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document. A
must prove that the document has been lost.
108. When a person is accused of any offence, the burden of proving the existence of
circumstances bringing the case within any of the General Exceptions in the BharatiyaNyaya Sanhita, 2023 or within any special exception or proviso contained in any other partof the said Sanhita, or in any law defining the offence, is upon him, and the Court shallpresume the absence of such circumstances.Burden ofproof.
On whom
burden ofproof lies.
Burden of
proof as toparticular fact.
Burden of
proving factto be provedto makeevidenceadmissible.
Burden of
proving thatcase of accusedcomes withinexceptions.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 439
Illustration.
(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not
know the nature of the act. The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was
deprived of the power of self-control. The burden of proof is on A.
(c) Section 325 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in
the case provided for by section 335, voluntarily causes grievous hurt, shall be subject tocertain punishments. A is charged with voluntarily causing grievous hurt undersection 115. The burden of proving the circumstances bringing the case under saidsection 120 lies on A.
109. When any fact is especially within the knowledge of any person, the burden of
proving that fact is upon him.
Illustration.
(a) When a person does an act with some intention other than that which the character
and circumstances of the act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving
that he had a ticket is on him.
110. When the question is whether a man is alive or dead, and it is shown that he was
alive within thirty years, the burden of proving that he is dead is on the person who affirmsit.
111. When the question is whether a man is alive or dead, and it is proved that he has
not been heard of for seven years by those who would naturally have heard of him if he hadbeen alive, the burden of proving that he is alive is shifted to the person who affirms it.
112. When the question is whether persons are partners, landlord and tenant, or
principal and agent, and it has been shown that they have been acting as such, the burdenof proving that they do not stand, or have ceased to stand, to each other in thoserelationships respectively, is on the person who affirms it.
113. When the question is whether any person is owner of anything of which he is
shown to be in possession, the burden of proving that he is not the owner is on the personwho affirms that he is not the owner.
114. Where there is a question as to the good faith of a transaction between parties,
one of whom stands to the other in a position of active confidence, the burden of provingthe good faith of the transaction is on the party who is in a position of active confidence.
Illustration.
(a) The good faith of a sale by a client to an advocate is in question in a suit brought
by the client. The burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit
brought by the son. The burden of proving the good faith of the transaction is on the father.Burden ofproving factespeciallywithinknowledge.
Burden of
proving deathof personknown tohave beenalive withinthirty years.
Burden of
proving thatperson is alivewho has notbeen heard offor sevenyears.
Burden of
proof as torelationship inthe cases ofpartners,landlord andtenant,principal andagent.
Burden of
proof as toownership.
Proof of good
faith intransactionswhere oneparty is inrelation ofactiveconfidence.
115. (1) Where a person is accused of having committed any offence specified in
sub-section ( 2), in—
(a) any area declared to be a disturbed area under any enactment for the time
being in force, making provision for the suppression of disorder and restoration andmaintenance of public order; or
(b) any area in which there has been, over a period of more than one-month,
extensive disturbance of the public peace,
and it is shown that such person had been at a place in such area at a time when firearms or
explosives were used at or from that place to attack or resist the members of any armedforces or the forces charged with the maintenance of public order acting in the discharge oftheir duties, it shall be presumed, unless the contrary is shown, that such person hadcommitted such offence.
(2) The offences referred to in sub-section ( 1) are the following, namely:—
(a) an offence under section 145, section 146, section 147 or section 148 of the
Bharatiya Nyaya Sanhita, 2023;
(b) criminal conspiracy or attempt to commit, or abetment of, an offence under
section 147 or section 148 of the Bharatiya Nyaya Sanhita, 2023.
116. The fact that any person was born during the continuance of a valid marriage
between his mother and any man, or within two hundred and eighty days after its dissolution,the mother remaining unmarried, shall be conclusive proof that he is the legitimate child ofthat man, unless it can be shown that the parties to the marriage had no access to each otherat any time when he could have been begotten.
117. When the question is whether the commission of suicide by a woman had been
abetted by her husband or any relative of her husband and it is shown that she hadcommitted suicide within a period of seven years from the date of her marriage and that herhusband or such relative of her husband had subjected her to cruelty, the court may presume,having regard to all the other circumstances of the case, that such suicide had been abettedby her husband or by such relative of her husband.
Explanation. —For the purposes of this section, "cruelty" shall have the same meaning
as in section 84 of the Bharatiya Nyaya Sanhita, 2023.
118. When the question is whether a person has committed the dowry death of a
woman and it is shown that soon before her death, such woman had been subjected bysuch person to cruelty or harassment for, or in connection with, any demand for dowry, thecourt shall presume that such person had caused the dowry death.
Explanation. —For the purposes of this section, "dowry death" shall have the same
meaning as in section 79 of the Bharatiya Nyaya Sanhita, 2023.
119. (1) The Court may presume the existence of any fact which it thinks likely to have
happened, regard being had to the common course of natural events, human conduct andpublic and private business, in their relation to the facts of the particular case.
Illustration.
The Court may presume that—
(a) a man who is in possession of stolen goods soon, after the theft is either the
thief or has received the goods knowing them to be stolen, unless he can account forhis possession;
(b) an accomplice is unworthy of credit, unless he is corroborated in material
particulars;Presumptionas to certainoffences.
Birth during
marriage,conclusiveproof oflegitimacy.
Presumption
as to abetmentof suicide by amarriedwoman.
Presumption
as to dowrydeath.
Court may
presumeexistence ofcertain facts.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 441
(c) a bill of exchange, accepted or endorsed, was accepted or endorsed for good
consideration;
(d) a thing or state of things which has been shown to be in existence within a
period shorter than that within which such things or states of things usually cease toexist, is still in existence;
(e) judicial and official acts have been regularly performed;
(f) the common course of business has been followed in particular cases;
(g) evidence which could be and is not produced would, if produced, be
unfavourable to the person who withholds it;
(h) if a man refuses to answer a question which he is not compelled to answer
by law, the answer, if given, would be unfavourable to him;
(i) when a document creating an obligation is in the hands of the obligor, the
obligation has been discharged.
(2) The Court shall also have regard to such facts as the following, in considering
whether such maxims do or do not apply to the particular case before it: —
(i) as to Illustration.. (a)—a shop-keeper has in his bill a marked rupee soon after it
was stolen, and cannot account for its possession specifically, but is continually receivingrupees in the course of his business;
(ii) as to Illustration.. (b)—A, a person of the highest character, is tried for causing
a man's death by an act of negligence in arranging certain machinery. B, a person ofequally good character , who also took part in the arrangement, describes precisely whatwas done, and admits and explains the common carelessness of A and himself;
(iii) as to Illustration.. (b)—a crime is committed by several persons. A, B and C,
three of the criminals, are captured on the spot and kept apart from each other. Each givesan account of the crime implicating D, and the accounts corroborate each other in sucha manner as to render previous concert highly improbable;
(iv) as to Illustration.. (c)—A, the drawer of a bill of exchange, was a man of business.
B, the acceptor, was a young and ignorant person, completely under A's influence;
(v) as to Illustration.. (d)—it is proved that a river ran in a certain course five years
ago, but it is known that there have been floods since that time which might change itscourse;
(vi) as to Illustration.. (e)—a judicial act, the regularity of which is in question, was
performed under exceptional circumstances;
(vii) as to Illustration..
(f)—the question is, whether a letter was received. It is shown
to have been posted, but the usual course of the post was interrupted by disturbances;
(viii) as to Illustration.. (g)—a man refuses to produce a document which would
bear on a contract of small importance on which he is sued, but which might also injurethe feelings and reputation of his family;
(ix) as to Illustration.. (h)—a man refuses to answer a question which he is not
compelled by law to answer, but the answer to it might cause loss to him in mattersunconnected with the matter in relation to which it is asked;
(x) as to Illustration.. (i)—a bond is in possession of the obligor, but the circumstances
of the case are such that he may have stolen it.
120. In a prosecution for rape under clause ( a), clause ( b), clause ( c), clause ( d),
clause ( e), clause ( f), clause ( g), clause ( h), clause ( i), clause ( j), clause ( k), clause ( l),
clause ( m) or clause ( n) of sub-section ( 2) of section 64 of the Bharatiya Nyaya
Sanhita, 2023, where sexual intercourse by the accused is proved and the question is
whether it was without the consent of the woman alleged to have been raped and suchPresumptionas to absenceof consent incertainprosecutionfor rape.
woman states in her evidence before the court that she did not consent, the court shall
presume that she did not consent.
Explanation. —In this section, "sexual intercourse" shall mean any of the acts
mentioned in clauses ( a) to ( d) of section 63 of the Bharatiya Nagarik Suraksha Sanhita,
2023.
CHAPTER VIII
ESTOPPEL
121. When one person has, by his declaration, act or omission, intentionally caused
or permitted another person to believe a thing to be true and to act upon such belief, neitherhe nor his representative shall be allowed, in any suit or proceeding between himself andsuch person or his representative, to deny the truth of that thing.
Illustration.
A intentionally and falsely leads B to believe that certain land belongs to A, and
thereby induces B to buy and pay for it. The land afterwards becomes the property of A,and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.He must not be allowed to prove his want of title.
122. No tenant of immovable property, or person claiming through such tenant, shall,
during the continuance of the tenancy or any time thereafter, be permitted to deny that thelandlord of such tenant had, at the beginning of the tenancy, a title to such immovableproperty; and no person who came upon any immovable property by the licence of theperson in possession thereof shall be permitted to deny that such person had a title to suchpossession at the time when such licence was given.
123. No acceptor of a bill of exchange shall be permitted to deny that the drawer had
authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted todeny that his bailor or licensor had, at the time when the bailment or licence commenced,authority to make such bailment or grant such licence.
Explanation 1.—The acceptor of a bill of exchange may deny that the bill was really
drawn by the person by whom it purports to have been drawn.
Explanation 2.—If a bailee delivers the goods bailed to a person other than the
bailor, he may prove that such person had a right to them as against the bailor.
CHAPTER IX
O
F WITNESSES
124. All persons shall be competent to testify unless the Court considers that they
are prevented from understanding the questions put to them, or from giving rational answersto those questions, by tender years, extreme old age, disease, whether of body or mind, orany other cause of the same kind.
Explanation. —A person with mental illness is not incompetent to testify, unless he
is prevented by his mental illness from understanding the questions put to him and givingrational answers to them.
125. A witness who is unable to speak may give his evidence in any other manner in
which he can make it intelligible, as by writing or by signs; but such writing must be writtenand the signs made in open Court and evidence so given shall be deemed to be oralevidence:
Provided that if the witness is unable to communicate verbally, the Court shall take
the assistance of an interpreter or a special educator in recording the statement, and suchstatement shall be video graphed.Estoppel.
Estoppel of
tenants and oflicensee ofperson inpossession.
Estoppel of
acceptor ofbill ofexchange,bailee orlicensee.
Who may
testify.
Witness
unable tocommunicateverbally.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 443
126. (1) In all civil proceedings the parties to the suit, and the husband or wife of any
party to the suit, shall be competent witnesses.
(2) In criminal proceedings against any person, the husband or wife of such person,
respectively, shall be a competent witness.
127. No Judge or Magistrate shall, except upon the special order of some Court to
which he is subordinate, be compelled to answer any questions as to his own conduct inCourt as such Judge or Magistrate, or as to anything which came to his knowledge in Courtas such Judge or Magistrate; but he may be examined as to other matters which occurred inhis presence whilst he was so acting.
Illustration.
(a) A, on his trial before the Court of Session, says that a deposition was improperly
taken by B, the Magistrate. B cannot be compelled to answer questions as to this, exceptupon the special order of a superior Court.
(b) A is accused before the Court of Session of having given false evidence before B,
a Magistrate. B cannot be asked what A said, except upon the special order of the superiorCourt.
(c) A is accused before the Court of Session of attempting to murder a police-officer
whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
128. No person who is or has been married, shall be compelled to disclose any
communication made to him during marriage by any person to whom he is or has beenmarried; nor shall he be permitted to disclose any such communication, unless the personwho made it, or his representative in interest, consents, except in suits between marriedpersons, or proceedings in which one married person is prosecuted for any crime committedagainst the other.
129. No one shall be permitted to give any evidence derived from unpublished official
records relating to any affairs of State, except with the permission of the officer at the headof the department concerned, who shall give or withhold such permission as he thinks fit.
130. No public officer shall be compelled to disclose communications made to him in
official confidence, when he considers that the public interests would suffer by the disclosure.
131. No Magistrate or police-officer shall be compelled to say when he got any
information as to the commission of any offence, and no revenue-officer shall be compelledto say when he got any information as to the commission of any offence against the publicrevenue.
Explanation. —"revenue-officer" means any officer employed in or about the business
of any branch of the public revenue.
132. (1) No advocate, shall at any time be permitted, unless with his client's express
consent, to disclose any communication made to him in the course and for the purpose ofhis service as such advocate, by or on behalf of his client, or to state the contents orcondition of any document with which he has become acquainted in the course and for thepurpose of his professional service, or to disclose any advice given by him to his client inthe course and for the purpose of such service:
Provided that nothing in this section shall protect from disclosure of—
(a) any such communication made in furtherance of any illegal purpose;
(b) any fact observed by any advocate, in the course of his service as such,
showing that any crime or fraud has been committed since the commencement of hisservice.Competencyof husband andwife aswitnesses incertain cases.
Judges and
Magistrates.
Communications
duringmarriage.
Evidence as to
affairs ofState.
Official
communications.
Information
as tocommission ofoffences.
Professional
communications.
(2) It is immaterial whether the attention of such advocate referred to in the proviso to
sub-section ( 1), was or was not directed to such fact by or on behalf of his client.
Explanation. —The obligation stated in this section continues after the professional
service has ceased.
Illustration.
(a) A, a client, says to B, an advocate—"I have committed forgery, and I wish you to
defend me." As the defence of a man known to be guilty is not a criminal purpose, thiscommunication is protected from disclosure.
(b) A, a client, says to B, an advocate—"I wish to obtain possession of property by
the use of a forged deed on which I request you to sue." This communication, being madein furtherance of a criminal purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the
course of the proceedings, B observes that an entry has been made in A's account book,charging A with the sum said to have been embezzled, which entry was not in the book atthe commencement of his professional service. This being a fact observed by B in thecourse of his service, showing that a fraud has been committed since the commencement ofthe proceedings, it is not protected from disclosure.
(3) The provisions of this section shall apply to interpreters, and the clerks or
employees of advocates.
133. If any party to a suit gives evidence therein at his own instance or otherwise, he
shall not be deemed to have consented thereby to such disclosure as is mentioned insection 132; and, if any party to a suit or proceeding calls any such advocate, as a witness,he shall be deemed to have consented to such disclosure only if he questions such advocate,on matters which, but for such question, he would not be at liberty to disclose.
134. No one shall be compelled to disclose to the Court any confidential communication
which has taken place between him and his legal adviser, unless he offers himself as awitness, in which case he may be compelled to disclose any such communications as mayappear to the Court necessary to be known in order to explain any evidence which he hasgiven, but no others.
135. No witness who is not a party to a suit shall be compelled to produce his title-
deeds to any property, or any document in virtue of which he holds any property as pledgeor mortgagee or any document the production of which might tend to criminate him, unlesshe has agreed in writing to produce them with the person seeking the production of suchdeeds or some person through whom he claims.
136. No one shall be compelled to produce documents in his possession or electronic
records under his control, which any other person would be entitled to refuse to produce ifthey were in his possession or control, unless such last-mentioned person consents totheir production.
137. A witness shall not be excused from answering any question as to any matter
relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon theground that the answer to such question will criminate, or may tend directly or indirectly tocriminate, such witness, or that it will expose, or tend directly or indirectly to expose, suchwitness to a penalty or forfeiture of any kind:
Provided that no such answer, which a witness shall be compelled to give, shall
subject him to any arrest or prosecution, or be proved against him in any criminal proceeding,except a prosecution forgiving false evidence by such answer.Privilege notwaived byvolunteeringevidence.
Confidential
communicationwith legaladvisers.
Production of
title-deeds ofwitness not aparty.
Production of
documents orelectronicrecords whichanotherperson, havingpossession,would refuseto produce.
Witness not
excused fromanswering onground thatanswer willcriminate.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 445
138. An accomplice shall be a competent witness against an accused person; and a
conviction is not illegal merely because it proceeds upon the uncorroborated testimony ofan accomplice.
139. No particular number of witnesses shall in any case be required for the proof of
any fact.
CHAPTER X
O
F EXAMINATION OF WITNESSES
140. The order in which witnesses are produced and examined shall be regulated by
the law and practice for the time being relating to civil and criminal procedure respectively,and, in the absence of any such law, by the discretion of the Court.
141. (1) When either party proposes to give evidence of any fact, the Judge may ask
the party proposing to give the evidence in what manner the alleged fact, if proved, wouldbe relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved,would be relevant, and not otherwise.
(2) If the fact proposed to be proved is one of which evidence is admissible only upon
proof of some other fact, such last mentioned fact must be proved before evidence is givenof the fact first mentioned, unless the party undertakes to give proof of such fact, and theCourt is satisfied with such undertaking.
(3) If the relevancy of one alleged fact depends upon another alleged fact being first
proved, the Judge may, in his discretion, either permit evidence of the first fact to be givenbefore the second fact is proved, or require evidence to be given of the second fact beforeevidence is given of the first fact.
Illustration.
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be
dead, which statement is relevant under section 32. The fact that the person is dead must beproved by the person proposing to prove the statement, before evidence is given of thestatement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The
fact that the original is lost must be proved by the person proposing to produce the copy,before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen. It is
proposed to prove that he denied the possession of the property. The relevancy of thedenial depends on the identity of the property. The Court may, in its discretion, eitherrequire the property to be identified before the denial of the possession is proved, or permitthe denial of the possession to be proved before the property is identified.
(d) It is proposed to prove a fact ( A) which is said to have been the cause or effect of
fact in issue. There are several intermediate facts (B, C and D) which must be shown to existbefore the fact ( A) can be regarded as the cause or effect of the fact in issue. The Court may
either permit A to be proved before B, C or D is proved, or may require proof of B, C and Dbefore permitting proof of A.
142. (1) The examination of witness by the party who calls him shall be called his
examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-
examination.
(3) The examination of a witness, subsequent to the cross-examination, by the party
who called him, shall be called his re-examination.Accomplice.
Number of
witnesses.
Order of
productionandexaminationof witnesses.
Judge to decide
as toadmissibilityof evidence.
Examination
of witnesses.
143. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so
desires) cross-examined, then (if the party calling him so desires) re-examined.
(2) The examination-in-chief and cross-examination must relate to relevant facts, but
the cross-examination need not be confined to the facts to which the witness testified onhis examination-in-chief.
(3) The re-examination shall be directed to the explanation of matters referred to in
cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.
144. A person summoned to produce a document does not become a witness by the
mere fact that he produces it, and cannot be cross-examined unless and until he is called asa witness.
145. Witnesses to character may be cross-examined and re-examined.
146. (1) Any question suggesting the answer which the person putting it wishes or
expects to receive, is called a leading question.
(2) Leading questions must not, if objected to by the adverse party, be asked in an
examination-in-chief, or in a re-examination, except with the permission of the Court.
(3) The Court shall permit leading questions as to matters which are introductory or
undisputed, or which have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination.
147. Any witness may be asked, while under examination, whether any contract,
grant or other disposition of property, as to which he is giving evidence, was not containedin a document, and if he says that it was, or if he is about to make any statement as to thecontents of any document, which, in the opinion of the Court, ought to be produced, theadverse party may object to such evidence being given until such document is produced,or until facts have been proved which entitle the party who called the witness to givesecondary evidence of it.
Explanation. —A witness may give oral evidence of statements made by other persons
about the contents of documents if such statements are in themselves relevant facts.
Illustration.
The question is, whether A assaulted B. C deposes that he heard A say to D—"B
wrote a letter accusing me of theft, and I will be revenged on him." This statement isrelevant, as showing A's motive for the assault, and evidence may be given of it, though noother evidence is given about the letter.
148. A witness may be cross-examined as to previous statements made by him in
writing or reduced into writing, and relevant to matters in question, without such writingbeing shown to him, or being proved; but, if it is intended to contradict him by the writing,his attention must, before the writing can be proved, be called to those parts of it which areto be used for the purpose of contradicting him.
149. When a witness is cross-examined, he may, in addition to the questions
hereinbefore referred to, be asked any questions which tend—
(a) to test his veracity;
(b) to discover who he is and what is his position in life; or
(c) to shake his credit, by injuring his character, although the answer to such
questions might tend directly or indirectly to criminate him, or might expose or tenddirectly or indirectly to expose him to a penalty or forfeiture:Order ofexaminations.
Cross-
examinationof personcalled toproduce adocument.
Witnesses to
character.
Leading
questions.
Evidence as to
matters inwriting.
Cross-
examinationas to previousstatements inwriting.
Questions
lawful incross-examination.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 447
Provided that in a prosecution for an offence under section 64, section 65, section 67,
section 68, section 70, or section 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or forattempt to commit any such offence, where the question of consent is an issue, it shall notbe permissible to adduce evidence or to put questions in the cross-examination of thevictim as to the general immoral character, or previous sexual experience, of such victim withany person for proving such consent or the quality of consent.
150. If any such question relates to a matter relevant to the suit or proceeding, the
provisions of section 137 shall apply thereto.
151. (1) If any such question relates to a matter not relevant to the suit or proceeding,
except in so far as it affects the credit of the witness by injuring his character, the Court shalldecide whether or not the witness shall be compelled to answer it, and may, if it thinks fit,warn the witness that he is not obliged to answer it.
(2) In exercising its discretion, the Court shall have regard to the following
considerations, namely:—
(a) such questions are proper if they are of such a nature that the truth of the
imputation conveyed by them would seriously affect the opinion of the Court as tothe credibility of the witness on the matter to which he testifies;
(b) such questions are improper if the imputation which they convey relates to
matters so remote in time, or of such a character, that the truth of the imputation wouldnot affect, or would affect in a slight degree, the opinion of the Court as to thecredibility of the witness on the matter to which he testifies;
(c) such questions are improper if there is a great disproportion between the
importance of the imputation made against the witness's character and the importanceof his evidence;
(d) the Court may, if it sees fit, draw, from the witness's refusal to answer, the
inference that the answer if given would be unfavourable.
152. No such question as is referred to in section 151 ought to be asked, unless the
person asking it has reasonable grounds for thinking that the imputation which it conveysis well-founded.
Illustration.
(a) An advocate is instructed by another advocate that an important witness is a
dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.
(b) An advocate is informed by a person in Court that an important witness is a dacoit.
The informant, on being questioned by the advocate, gives satisfactory reasons for hisstatement. This is a reasonable ground for asking the witness whether he is a dacoit.
(c) A witness, of whom nothing whatever is known, is asked at random whether he is
a dacoit. There are here no reasonable ground for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode
of life and means of living, gives unsatisfactory answers. This may be a reasonable groundfor asking him if he is a dacoit.
153. If the Court is of opinion that any such question was asked without reasonable
grounds, it may, if it was asked by any advocate, report the circumstances of the case to theHigh Court or other authority to which such advocate, is subject in the exercise of hisprofession.When witnessto becompelled toanswer.
Court to
decide whenquestion shallbe asked andwhen witnesscompelled toanswer.
Question not
to be askedwithoutreasonablegrounds.
Procedure of
Court in caseof questionbeing askedwithoutreasonablegrounds.
154. The Court may forbid any questions or inquiries which it regards as indecent or
scandalous, although such questions or inquiries may have some bearing on the questionsbefore the Court, unless they relate to facts in issue, or to matters necessary to be known inorder to determine whether or not the facts in issue existed.
155. The Court shall forbid any question which appears to it to be intended to insult
or annoy, or which, though proper in itself, appears to the Court needlessly offensive inform.
156. When a witness has been asked and has answered any question which is relevant
to the inquiry only in so far as it tends to shake his credit by injuring his character, noevidence shall be given to contradict him; but, if he answers falsely, he may afterwards becharged with giving false evidence.
Exception 1.—If a witness is asked whether he has been previously convicted of any
crime and denies it, evidence may be given of his previous conviction.
Exception 2.—If a witness is asked any question tending to impeach his impartiality,
and answers it by denying the facts suggested, he may be contradicted.
Illustration.
(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is
asked whether, in a former transaction, he had not made a fraudulent claim. He denies it.Evidence is offered to show that he did make such a claim. The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation for dishonesty.
He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidenceis not admissible.
(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was
not on that day at V aranasi. He denies it. Evidence is offered to show that A was on that dayat Varanasi. The evidence is admissible, not as contradicting A on a fact which affects hiscredit, but as contradicting the alleged fact that B was seen on the day in question in Goa.In each of these cases, the witness might, if his denial was false, be charged with givingfalse evidence.
(d) A is asked whether his family has not had a blood feud with the family of B against
whom he gives evidence. He denies it. He may be contradicted on the ground that thequestion tends to impeach his impartiality.
157. (1) The Court may, in its discretion, permit the person who calls a witness to put
any questions to him which might be put in cross-examination by the adverse party.
(2) Nothing in this section shall disentitle the person so permitted under
sub-section ( 1), to rely on any part of the evidence of such witness.
158. The credit of a witness may be impeached in the following ways by the adverse
party, or, with the consent of the Court, by the party who calls him—
(a) by the evidence of persons who testify that they, from their knowledge of
the witness, believe him to be unworthy of credit;
(b) by proof that the witness has been bribed, or has accepted the offer of a
bribe, or has received any other corrupt inducement to give his evidence;
(c) by proof of former statements inconsistent with any part of his evidence
which is liable to be contradicted;
Explanation. —A witness declaring another witness to be unworthy of credit may
not, upon his examination-in-chief, give reasons for his belief, but he may be asked hisreasons in cross-examination, and the answers which he gives cannot be contradicted,though, if they are false, he may afterwards be charged with giving false evidence.Indecent andscandalousquestions.
Questions
intended toinsult orannoy.
Exclusion of
evidence tocontradictanswers toquestionstestingveracity.
Question by
party to hisown witness.
Impeaching
credit ofwitness.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 449
Illustration.
(a) A sues B for the price of goods sold and delivered to B. C says that he delivered
the goods to B. Evidence is offered to show that, on a previous occasion, he said that hehad not delivered goods to B. The evidence is admissible.
(b) A is accused of the murder of B. C says that B, when dying, declared that A had
given B the wound of which he died. Evidence is offered to show that, on a previousoccasion, C said that B, when dying, did not declare that A had given B the wound of whichhe died. The evidence is admissible.
159. When a witness whom it is intended to corroborate gives evidence of any
relevant fact, he may be questioned as to any other circumstances which he observed at ornear to the time or place at which such relevant fact occurred, if the Court is of opinion thatsuch circumstances, if proved, would corroborate the testimony of the witness as to therelevant fact which he testifies.
Illustration.
A, an accomplice, gives an account of a robbery in which he took part. He describes
various incidents unconnected with the robbery which occurred on his way to and from theplace where it was committed. Independent evidence of these facts may be given in order tocorroborate his evidence as to the robbery itself.
160. In order to corroborate the testimony of a witness, any former statement made by
such witness relating to the same fact, at or about the time when the fact took place, orbefore any authority legally competent to investigate the fact, may be proved.
161. Whenever any statement, relevant under section 26 or 27, is proved, all matters
may be proved either in order to contradict or to corroborate it, or in order to impeach orconfirm the credit of the person by whom it was made, which might have been proved if thatperson had been called as a witness and had denied upon cross-examination the truth of thematter suggested.
162. (1) A witness may, while under examination, refresh his memory by referring to
any writing made by himself at the time of the transaction concerning which he is questioned,or so soon afterwards that the Court considers it likely that the transaction was at that timefresh in his memory:
Provided that the witness may also refer to any such writing made by any other
person, and read by the witness within the time aforesaid, if when he read it, he knew it to becorrect.
(2) Whenever a witness may refresh his memory by reference to any document, he
may, with the permission of the Court, refer to a copy of such document:
Provided that the Court be satisfied that there is sufficient reason for the
non-production of the original:
Provided further that an expert may refresh his memory by reference to professional
treatises.
163. A witness may also testify to facts mentioned in any such document as is
mentioned in section 162, although he has no specific recollection of the facts themselves,if he is sure that the facts were correctly recorded in the document.Questionstending tocorroborateevidence ofrelevant fact,admissible.
Former
statements ofwitness maybe proved tocorroboratelatertestimony asto same fact.
What matters
may be provedin connectionwith provedstatementrelevant undersection 26 or27.
Refreshing
memory.
Testimony to
facts stated indocumentmentioned insection 162.
Illustration.
A book-keeper may testify to facts recorded by him in books regularly kept in the
course of business, if he knows that the books were correctly kept, although he has forgottenthe particular transactions entered.
164. Any writing referred to under the provisions of the two last preceding sections
must be produced and shown to the adverse party if he requires it; such party may, if hepleases, cross-examine the witness thereupon.
165. (1) A witness summoned to produce a document shall, if it is in his possession or
power, bring it to Court, notwithstanding any objection which there may be to its productionor to its admissibility:
Provided that the validity of any such objection shall be decided on by the Court.(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of
State, or take other evidence to enable it to determine on its admissibility.
(3) If for such a purpose it is necessary to cause any document to be translated, the
Court may, if it thinks fit, direct the translator to keep the contents secret, unless thedocument is to be given in evidence and, if the interpreter disobeys such direction, he shallbe held to have committed an offence under section 196 of the Bharatiya NyayaSanhita, 2023:
Provided that no Court shall require any privilege communication between the
Ministers and the President of India to be produced before it.
166. When a party calls for a document which he has given the other party notice to
produce, and such document is produced and inspected by the party calling for itsproduction, he is bound to give it as evidence if the party producing it requires him to do so.
167. When a party refuses to produce a document which he has had notice to produce,
he cannot afterwards use the document as evidence without the consent of the other partyor the order of the Court.
Illustration.
A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the
document and B refuses to produce it. A gives secondary evidence of its contents. B seeksto produce the document itself to contradict the secondary evidence given by A, or in orderto show that the agreement is not stamped. He cannot do so.
168. The Judge may, in order to discover or obtain proof of relevant facts, ask any
question he considers necessary, in any form, at any time, of any witness, or of the partiesabout any fact; and may order the production of any document or thing; and neither theparties nor their representatives shall be entitled to make any objection to any such questionor order, nor, without the leave of the Court, to cross-examine any witness upon any answergiven in reply to any such question:
Provided that the exercise of the powers conferred herein must be based upon facts
declared by this Act to be relevant, and duly proved:
Provided further that this section shall not authorise any Judge to compel any witness
to answer any question, or to produce any document which such witness would be entitledto refuse to answer or produce under sections 136 to 140, both inclusive, if the questionwere asked or the document were called for by the adverse party; nor shall the Judge askany question which it would be improper for any other person to ask under section 157 or158; nor shall he dispense with primary evidence of any document, except in the caseshereinbefore excepted.Right ofadverse partyas to writingused to refreshmemory.
Production of
documents.
Giving, as
evidence, ofdocumentcalled for andproduced onnotice.
Using, as
evidence, ofdocumentproduction ofwhich wasrefused onnotice.
Judge's power
to putquestions ororderproduction.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 451
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
169. The improper admission or rejection of evidence shall not be ground of itself for
a new trial or reversal of any decision in any case, if it shall appear to the Court before whichsuch objection is raised that, independently of the evidence objected to and admitted, therewas sufficient evidence to justify the decision, or that, if the rejected evidence had beenreceived, it ought not to have varied the decision.
170. (1) The Indian Evidence Act, 1872 is hereby repealed.
(2) Notwithstanding such repeal, if, immediately before the date on which this Act
comes into force, there is any trial, application, trial, inquiry, investigation, proceeding orappeal pending, then, such application, trial, inquiry, investigation, proceeding or appealshall be dealt with under the provisions of the Evidence Act, 1872, as in force immediatelybefore such commencement, as if this Act had not come into force.No new trialfor improperadmission orrejection ofevidence.
Repeal and
savings.1 of 1872.
1 of 1872.
THE SCHEDULE
CERTIFICATE
[See Section 63( 4)]
PART A
(To be filled by the Party)
1. I, _________________________________________________(name), Son/daughter/
spouse of ___________________ residing________________________________/employed at ___________________________________________________________do hereby solemnly affirm and sincerely state and submit as follows:—
2. I state that I have produced the output of the digital record taken from the following device
or the source (tick mark):
Computer / Storage Media DVR Mobile
Flash Drive CD/DVD Server
Cloud OtherOther:________________________________________(specify)Make & Model: _______________ Color: _______________Serial Number: _______________IMEI/UIN/UID/MAC/Cloud ID_______________________ (as applicable)and any other relevant information, if any, about the device or thesource____________________________________.3. The device or the source was in such a state wherein digital record could be retrieved.The digital device is:
Owned Maintained Managed
Operated
by me (select as applicable).
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 453
PART B
(To be filled by the Expert)
1. I, _________________________________________________(name), Son/daughter/
spouse of ___________________ residing________________________________/employed at ___________________________________________________________do hereby solemnly affirm and sincerely state and submit as follows:—
2. I state that I have produced the output of the digital record taken from the following device
or the source (tick mark):
Computer / Storage Media DVR Mobile
Flash Drive CD/DVD Server
Cloud OtherOther:________________________________________(specify)Make & Model: _______________ Color: _______________Serial Number: _______________IMEI/UIN/UID/MAC/Cloud ID_______________________ (as applicable)and any other relevant information, if any, about the device or thesource____________________________________.3. The device or the source was in such a state wherein digital record could be retrieved.The digital device is:
Owned Maintained Managed
Operated
by me (select as applicable).4. I state that while taking the digital record/output of the digital record the device was
operating properly without affecting the contents of the electronic record or its accuracy orits contents and the hash value of the digital record is reproduced below in a sealed orpacked cover in storage media as below:
Make and Model: ____________________________________Serial Number: _____________________________________Hash Value:Hashing Algorithm:
SHA1:SHA256:MD5:Other:_____________________ (Legally applicable standard)
Date (DD/MM/YYYY) : __________
Time (IST): ____________ hours (In 24 hours format)Place: ______________
(Hash report to be enclosed with the certificate)
Seal: (Name, Designation, Signature)
Place:
Date:
Note :
1. Box to be ticked mark if applicable or crossed if not applicable .2. IMEI : International Mobile Equipment Identity can be found from any mobile device
using Dial *#06#
3. UIN: Unique Identification Number issued by the Directorate General of Civil Aviation,
Government of India (Only applicable in the case of Drone).
4. UID: Unique Identification numbers - This could be Serial number of Mobile, Computer,
Laptop, Storage Media, CCTV, Flash Drive or any Hardware.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 455
STATEMENT OF OBJECTS AND REASONS
The Evidence Act was enacted in the year 1872 with a view to consolidate the
law relating to evidence on which the court could come to the conclusion about thefact of the case and then pronounce judgment thereupon and it came into force on1st September, 1872.
2. The experience of seven decades of Indian democracy calls for comprehensive
review of our criminal laws including Indian Evidence Act and adopt them in accordancewith the contemporary needs and aspirations of people. The law of evidence (not beingsubstantive or procedural law), falls in the category of 'adjective law', that defines thepleading and methodology by which the substantive or procedural laws are operationalised.The existing law does not address the technological advancement undergone in the countryduring the last few decades.
3. The proposed legislation, namely "Bhartiya Sakshya Adhiniyam", inter alia ,
provides as under,—
(i) it provides that 'evidence' includes any information given electronically,
which would permit appearance of witnesses, accused, experts and victims throughelectronic means;
(ii) it provides for admissibility of an electronic or digital record as evidence
and it shall have the same legal effect, validity and enforceability as paper records;
(iii) it seeks to expand the scope of secondary evidence to include copies made
from original by mechanical processes, copies made from or compared with the original,counterparts of documents as against the parties who did not execute them and oralaccounts of the contents of a document given by some person who has himself seenit and giving matching hash # value of original record will be admissible as proof ofevidence in the form of secondary evidence;
(iv) it seeks to puts limits on the facts which are admissible and its certification
as such in the courts. The proposed Bill introduces more precise and uniform rules ofpractice of courts in dealing with facts and circumstances of the case by means ofevidence.
4. The Notes on Clauses explains the various provisions of the Bill.5. The Bill seeks to achieve the above objectives.
N
EW DELHI; AMIT SHAH.
The 9th August , 2023.
Notes on clauses
Clause 1 of the Bill seeks to provide for short title, application and commencement.
Clause 2 of the Bill seeks to provide definitions. This clause seeks to provide for
definition of certain expressions used in the proposed Legislation.
Clause 3 of the Bill relates to evidence given of facts in issue and relevant facts.
This clause seeks to provide evidence may be given in any suit or proceeding of the
existence or non-existence of every fact in issue and of such other facts declared to berelevant, and of no others.
Clause 4 of the Bill relates to relevancy of facts forming part of same transaction.
This clause seeks to provide that facts which, though not in issue, are so connected
with a fact in issue or a relevant fact as to form part of the same transaction, are relevant,whether they occurred at the same time and place or at different times and places.
Clause 5 of the Bill relates to facts which are the occasion, cause or effect of facts in
issue or relevant facts.
This clause seeks to provide that facts which are the occasion, cause or effect, immediate
or otherwise, of relevant facts, or facts in issue, or which constitute the state of things underwhich they happened, or which afforded an opportunity for their occurrence or transaction,are relevant.
Clause 6 of the Bill relates to motive, preparation and previous or subsequent conduct.
This clause seeks to provides that any fact is relevant which shows or constitutes a
motive or preparation for any fact in issue or relevant fact.
It is proposed that the conduct of any party, or of any agent to any party, to any suit
or proceeding, in reference to such suit or proceeding, or in reference to any fact in issuetherein or relevant thereto, and the conduct of any person, an offence against whom is thesubject of any proceeding, is relevant, if such conduct influences or is influenced by any factin issue or relevant fact, and whether it was previous or subsequent thereto. It is furtherproposed to insert Explanation 1 and 2 so as to explain the expression of the word "conduct".
Clause 7 of the Bill relates to facts necessary to explain or introduce fact in issue or
relevant facts.
This clause seeks to provides that facts necessary to explain or introduce a fact in
issue or relevant fact, or which support or rebut an inference suggested by a fact in issue ora relevant fact, or which establish the identity of anything, or person whose identity, isrelevant, or fix the time or place at which any fact in issue or relevant fact happened, or whichshow the relation of parties by whom any such fact was transacted, are relevant insofar asthey are necessary for that purpose.
Clause 8 of the Bill relates to things said, done by conspirator in reference to common
design.
This clause seeks to provide that there is reasonable ground to believe that two or
more persons have conspired together to commit an offence or an actionable wrong, anythingsaid, done or written by any one of such persons in reference to their common intention, afterthe time when such intention was first entertained by any one of them, is a relevant fact asagainst each of the persons believed to be so conspiring, as well for the purpose of provingthe existence of the conspiracy as for the purpose of showing that any such person was aparty to it.
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Clause 9 of the Bill relates to facts not otherwise relevant become relevant.
This clause seeks to facts not otherwise relevant are relevant that if they are inconsistent
with any fact in issue or relevant fact and if by themselves or in connection with other factsthey make the existence or non-existence of any fact in issue or relevant fact highly probableor improbable.
Clause 10 of the Bill relates to facts tending to enable Court to determine amount are
relevant in suits for damages.
This clause, inter alia, provides that suits in which damages are claimed, any fact
which will enable the Court to determine the amount of damages which ought to be awardedis relevant.
Clause 11 of the Bill relates to facts relevant when right or custom is in question.
This clause deals with the question of the existence of any right or custom, the facts
are relevant that any transaction by which the right or custom in question was created,claimed, modified, recognised, asserted or denied, or which was inconsistent with its existenceand particular instances in which the right or custom was claimed, recognised or exercised, orin which its exercise was disputed, asserted or departed from.
Clause 12 of the Bill relates to facts showing existence of state of mind, or of body of
bodily feeling.
This clause seeks to provide that facts showing the existence of any state of mind
such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towardsany particular person, or showing the existence of any state of body or bodily feeling, arerelevant, when the existence of any such state of mind or body or bodily feeling is in issue orrelevant.
It is further proposed to insert Explanation 1 and 2 so as to explain the relevant state
of mind and previous commission by the accused of an offence is relevant fact.
Clause 13 of the Bill relates to facts bearing on question whether act was accidental or
intentional.
This clause seeks to provide that there is a question whether an act was accidental or
intentional, or done with a particular knowledge or intention, the fact that such act formedpart of a series of similar occurrences, in each of which the person doing the act was concerned,is relevant.
Clause 14 of the Bill relates to existence of course of business when relevant.
This clause seeks to provide that there is a question whether a particular act was done,
the existence of any course of business, according to which it naturally would have beendone, is a relevant fact.
Clause 15 of the Bill defined the term "Admission".
This clause defined that an admission is a statement, oral or documentary or contained
in electronic form, which suggests any inference as to any fact in issue or relevant fact, andwhich is made by any of the persons, and under the circumstances, hereinafter mentioned.
Clause 16 of the Bill relates to Admission by party to proceeding or his agent.
This clause, inter alia, provides that the statements made by a party to the proceeding,
or by an agent to any such party, whom the Court regards, under the circumstances of thecase, as expressly or impliedly authorised by him to make them, are admissions.
It is further proposed that statements made in suits in a representative character, are
not admissions, unless they were made while the party making them held that character andfurther persons who have any proprietary or pecuniary interest in the subject matter of theproceeding, and who make the statement in their character of persons so interested, or
persons from whom the parties to the suit have derived their interest in the subject matter of
the suit, are admissions, if they are made during the continuance of the interest of thepersons making the statements.
Clause 17 of the Bill relates to admissions by persons whose position must be proved
as against party to suit.
This clause seeks to provide that the statements made by persons whose position or
liability, it is necessary to prove as against any party to the suit, are admissions, if suchstatements would be relevant as against such persons in relation to such position or liabilityin a suit brought by or against them, and if they are made whilst the person making themoccupies such position or is subject to such liability.
Clause 18 of the Bill relates to admissions by persons expressly referred to by party to
suit.
This clause deals with the statements made by persons to whom a party to the suit has
expressly referred for information in reference to a matter in dispute are admissions.
Clause 19 of the Bill relates to admissibility of proof of admissions against persons
making them, and by or on their behalf.
This clause provides that the admissions are relevant and may be proved as against
the person who makes them, or his representative in interest; but they cannot be proved byor on behalf of the person who makes them or by his representative in interest.
This clause further provides exception in certain cases in which statement of facts in
issue or relevant fact by person who is dead or cannot be found. It is also exempted thatwhere an admission may be proved by or on behalf of the person making it when it consistsof a statement of the existence of any state of mind or body, relevant or in issue, made at orabout the time when such state of mind or body existed, and is accompanied by conductrendering its falsehood improbable and if it is relevant otherwise than as an admission.
Clause 20 of the Bill deals when an oral admissions as to contents of documents are
relevant.
This clause provides that oral admissions as to the contents of a document are not
relevant, unless and until the party proposing to prove them shows that he is entitled to givesecondary evidence of the contents of such document under the rules hereinafter contained,or unless the genuineness of a document produced is in question.
Clause 21 of the Bill deals as to admissions in civil cases when relevant.
This clause provides that in civil cases no admission is relevant, if it is made either
upon an express condition that evidence of it is not to be given, or under circumstances fromwhich the Court can infer that the parties agreed together that evidence of it should not begiven.
Clause 22 of the Bill relates to confession caused by inducement, threat, coercion or
promise, when irrelevant in criminal proceeding.
This clause provides that confession made by an accused person is irrelevant in a
criminal proceeding, have been caused by any inducement, threat, coercion or promisehaving reference to the charge against the accused person, proceeding from a person inauthority and sufficient, in the opinion of the Court, to give the accused person groundswhich would appear to him reasonable for supposing that by making it he would gain anyadvantage or avoid any evil of a temporal nature in reference to the proceedings against him.
Clause 23 of the Bill deals with the confession to police officer.
This clause explains that no confession made to a police officer shall be proved as
against a person accused of any offence, unless it is made in the immediate presence of aMagistrate shall be proved against him:
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Further it is also provided to insert a proviso that when any fact is deposed to as
discovered in consequence of information received from a person accused of any offence, inthe custody of a police officer, so much of such information, whether it amounts to aconfession or not, as relates distinctly to the fact thereby discovered, may be proved.
Clause 24 of the Bill relates to consideration of proved confession affecting person
making it and others jointly under trial for same offence.
This clause provides that when more persons than one is being tried jointly for the
same offence, and a confession made by one of such persons affecting himself and someother of such persons is proved, the Court may take into consideration such confession asagainst such other person as well as against the person who makes such confession. It isfurther proposed to insert Explanation I for the term "Offence" and Explanation II for the
trial conducted in the absence of an accused under section 82 of the Code of CriminalProcedure, 1973 is deemed to be a joint trial.
Clause 25 of the Bill deals that admissions not conclusive proof, but may estop.
This clause provides that admissions are not conclusive proof of the matters admitted
but they may operate as estoppels.
Clause 26 of the Bill relates to the cases in which statement of facts in issue or relevant
fact by person who is dead or cannot be found, etc., is relevant.
This clause provides, inter alia, deals with statements, written or verbal, of relevant
facts made by a person who is dead, or who cannot be found, or who has become incapableof giving evidence, or whose attendance cannot be procured without an amount of delay orexpense which under the circumstances of the case appears to the Court unreasonable, arethemselves facts in issue or relevant facts, in case of statement of a person, resulted in hisdeath; in the ordinary course of business; against the pecuniary or proprietary interest of theperson; the opinion of any such person, as to the existence of any public right or custom ormatters of public or general interest; the existence of any relationship by blood, marriage oradoption between persons.
Clause 27 of the Bill deals with the relevancy of certain evidence for proving, in
subsequent proceeding.
This clause provides that evidence given by a witness in a judicial proceeding, or
before any person authorised by law to take it, is relevant for the purpose of proving, in asubsequent judicial proceeding, the proceeding was between the same parties or theirrepresentatives in interest; that the adverse party in the first proceeding had the right andopportunity to cross-examine and the questions in issue were substantially the same in thefirst as in the second proceeding.
Clause 28 of the Bill relates to entries in books of account when relevant.
This clause provides that the entries in the books of account, including those maintained
in an electronic form, regularly kept in the course of business are relevant whenever theyrefer to a matter into which the Court has to inquire, but such statements shall not alone besufficient evidence to charge any person with liability.
Clause 29 of the Bill relates to relevancy of entry in public record or an electronic
record made in performance of duty.
This clause provides that an entry made in any public or other official book, register or
record or an electronic record, stating a fact in issue or relevant fact, and made by a publicservant in the discharge of his official duty, or by any other person in performance of a dutyspecially enjoined by the law of the country in which such book, register or record or anelectronic record, is kept, is itself a relevant fact.
Clause 30 of the Bill relates to relevancy of statements in maps, charts and plans.
This clause provides that the Statements of facts in issue or relevant facts, made in
published maps or charts generally offered for public sale, or in maps or plans made underthe authority of the Central Government or any State Government, as to matters usuallyrepresented or stated in such maps, charts or plans, are themselves relevant facts.
Clause 31 of the Bill relates to relevancy of statement as to fact of public nature
contained in certain Acts or notifications.
This clause provides that when the Court has to form an opinion as to the existence of
any fact of a public nature, any statement of it, made in a recital contained in any Central Actor State Act or in a Central Governmentor State Government notification appearing in therespective Official Gazette or in any printed paper or in electronic or digital form purportingto be such Gazette, is a relevant fact.
Clause 32 of the Bill relates to relevancy of statements as to any law contained in law
books including electronic or digital form.
This clause provides that when the Court has to form an opinion as to a law of any
country, any statement of such law contained in a book purporting to be printed or publishedincluding in electronic or digital form under the authority of the Government of such countryand to contain any such law, and any report of a ruling of the Courts of such countrycontained in a book including in electronic or digital form purporting to be a report of suchrulings, is relevant.
Clause 33 of the Bill relates to evidence to be given when statement forms part of a
conversation, document, electronic record, book or series of letters or papers.
This clause provides that any statement of which evidence is given forms part of a
longer statement, or of a conversation or part of an isolated document, or is contained in adocument which forms part of a book, or is contained in part of electronic record or of aconnected series of letters or papers, evidence shall be given of so much and no more of thestatement, conversation, document, electronic record, book or series of letters or papers asthe Court considers necessary in that particular case to the full understanding of the natureand effect of the statement, and of the circumstances under which it was made.
Clause 34 of the Bill relates to previous judgments relevant to bar a second suit or trial.
This clause provides that the existence of any judgment, order or decree which by law
prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact whenthe question is whether such Court ought to take cognizance of such suit or to hold suchtrial.
Clause 35 of the Bill relates to relevancy of certain judgements in exercise of jurisdiction
in execution of probate, etc.
This clause, inter alia, provide relevancy of final judgment, order or decree of a
competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvencyjurisdiction, which confers upon or takes away from any person any legal character, or whichdeclares any person to be entitled to any such character, or to be entitled to any specificthing, not as against any specified person but absolutely, is relevant when the existence ofany such legal character, or the title of any such person to any such thing, is relevant and thesaid judgment, order, decree is conclusive proof.
Clause 36 of the Bill relates to relevancy and effect of judgements, orders or decrees,
other those mentioned in clause 35.
This clause provides that Judgments, orders or decrees other than those mentioned in
clause 35 are relevant if they relate to matters of a public nature relevant to the enquiry; butsuch judgments, orders or decrees are not conclusive proof of that which they state.
Clause 37 of the Bill relates to Judgments, orders or decrees, other than those mentioned
in clauses 34, 35 and 36 when relevant.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 461
This clause provides that the judgments or orders or decrees, other than those
mentioned in clauses 34, 35 and 36 are irrelevant, unless the existence of such judgment ororder or decree is a fact in issue, or is relevant under some other provision of this Adhiniyam.
Clause 38 of the Bill relates to Fraud or collusion in obtaining judgment, or incompetency
of Court, may be proved.
This clause provides that any party to a suit or other proceeding may show that any
judgment, order or decree which is relevant under clauses 34, 35 and 36, and which has beenproved by the adverse party, was delivered by a Court not competent to deliver it, or wasobtained by fraud or collusion.
Clause 39 of the Bill relates to opinions of experts.
This clause provides that the Court has to form an opinion of the experts upon a point
of foreign law or of science, or art, or any other field, or as to identity of handwriting or fingerimpressions are relevant facts and such persons are called experts, and matters relating toany information transmitted or stored in any computer resource or any other electronic ordigital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A ofthe Information Technology Act, 2000, is a relevant fact.
Clause 40 of the Bill relates to the facts bearing upon opinions of experts.
This clause provides that the facts, not otherwise relevant, are relevant if they support
or are inconsistent with the opinions of experts, when such opinions are relevant.
Clause 41 of the Bill relates to the opinion as to hand-writing and digital signature,
when relevant.
This clause provides that the Court has to form an opinion as to the person by whom
any document was written or signed, the opinion of any person acquainted with thehandwriting of the person by whom it is supposed to be written or signed that it was or wasnot written or signed by that person and electronic signature of any person, is a relevant fact.
Clause 42 of the Bill relates to relevancy of opinion as to existence of general custom
or right.
This clause provides that the Court has to form an opinion as to the existence of any
general custom or right, the opinions, as to the existence of such custom or right, of personswho would be likely to know of its existence if it existed, are relevant.
Clause 43 of the Bill relates to relevancy of opinion as to usage, tenets, etc.
This clause provides that the Court has to form an opinion as to the usages and tenets,
the constitution and governance of any religious or charitable foundation, or the meaning ofwords or terms used in particular districts or by particular classes of people, and the opinionsof persons having special means of knowledge thereon, are relevant facts.
Clause 44 of the Bill relates to relevancy of opinion on relationship.
This clause provides that the Court has to form an opinion as to the relationship of
persons on the opinion, expressed by conduct, as to the existence of such relationship, ofany person who, as a member of the family or otherwise, has special means of knowledge onthe subject, is a relevant fact, provided that such opinion shall not be sufficient to prove amarriage in proceedings under the Divorce Act, 1869, or in prosecutions under section 81 of 83of the Bharatiya Nyaya Sanhita, 2023.
Clause 45 of the Bill relates to relevancy of grounds of opinion.
This clause provides that opinion of any living person is relevant, the grounds on
which such opinion is based are also relevant.
Clause 46 of the Bill relates to civil cases character to prove conduct imputed, irrelevant.
This clause provides that in civil cases, the fact that the character of any person
concerned is such as to render probable or improbable any conduct imputed to him, isirrelevant, except insofar as such character appears from facts otherwise relevant.
Clause 47 of the Bill relates to criminal cases previous good character relevant.
This clause provides that in criminal proceedings, the fact that the person accused is
of a good character, is relevant.
Clause 48 of the Bill relates to the evidence of character or previous sexual experience
not relevant in certain cases.
This clause provides that in a prosecution for an offence under section 64, section 65,
section 67, section 66, section 67, section 70, section 71, section 73, section 74, section 75,section 76 or section 77 of the Bharatiya Jan Suraksha Avam Garima Sanhita, 2023 or forattempt to commit any such offence, where the question of consent is in issue, evidence ofthe character of the victim or of such person's previous sexual experience with any personshall not be relevant on the issue of such consent or the quality of consent.
Clause 49 of the Bill relates to relevancy of previous bad character not relevant, except
in reply.
This clause provides that in criminal proceedings, the fact that the accused has a bad
character, is irrelevant, unless evidence has been given that he has a good character, inwhich case it becomes relevant.
Clause 50 of the Bill relatesto character of any person is such as to affect the amount
of damages which he ought to receive, is relevant in civil cases.
Clause 51 of the Bill provides that no fact of which the Court will take judicial notice
need to be proved.
Clause 52 of the Bill relates to the facts of which Court shall take judicial notice.
This clause provides that the Court shall take judicial notice all laws in force in the
territory of India including laws having extra-territorial operation; international treaty,agreement or convention with country or countries by India, or decisions made by India atthe international associations or other bodies; the course of proceeding of the ConstituentAssembly of India, of Parliament of India and of the State Legislatures; the seals of all Courtsand Tribunals; the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public,and all seals which any person is authorised to use by the Constitution, or by an Act ofParliament or State Legislatures, or Regulations having the force of law in India; the accessionto office, names, titles, functions, and signatures of the persons filling for the time being anypublic office in any State, if the fact of their appointment to such office is notified in anyOfficial Gazette; the existence, title and national flag of every country or sovereign recognisedby the Government of India; the divisions of time, the geographical divisions of the world,and public festivals, fasts and holidays notified in the Official Gazette; the territory of India;the commencement, continuance and termination of hostilities between the Government ofIndia and any other country or body of persons; the names of the members and officers ofthe Court, and of their deputies and subordinate officers and assistants, and also of allofficers acting in execution of its process, and of advocates and other persons authorised bylaw to appear or act before it and the rule of the road or land or at sea.
This clause further provides that on all matters of public history, literature, science or
art, the Court may resort for its aid to appropriate books or documents of reference and if theCourt is called upon by any person to take judicial notice of any fact, it may refuse to do sounless and until such person produces any such book or document.
Clause 53 of the Bill relates to the facts admitted need not be proved.
This clause provides that no fact need be proved in any proceeding which the parties
thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 463
to admit by any writing under their hands, or which by any rule of pleading in force at the time
they are deemed to have admitted by their pleadings, subject to the condition that the Courtmay, in its discretion, require the facts admitted to be proved otherwise than by suchadmissions.
Clause 54 of the Bill relates to all facts, except the contents of documents may be
proved by oral evidence.
Clause 55 of the Bill relates to the oral evidence to be direct.
This clause provides that Oral evidence shall, in all cases whatever, be direct; if it refers
toa fact which could be seen, it must be the evidence of a witness who says he saw it; a factwhich could be heard, it must be the evidence of a witness who says he heard it; a fact whichcould be perceived by any other sense or in any other manner, it must be the evidence of awitness who says he perceived it by that sense or in that manner; an opinion or to thegrounds on which that opinion is held, it must be the evidence of the person who holds thatopinion on those grounds, subject to the opinions of experts expressed in any treatisecommonly offered for sale, and the grounds on which such opinions are held, may be provedby the production of such treatises if the author is dead, or cannot be found, or has becomeincapable of giving evidence, or cannot be called as a witness without an amount of delay orexpense which the Court regards as unreasonable and further that, if oral evidence refers tothe existence or condition of any material thing other than a document, the Court may, if itthinks fit, require the production of such material thing for its inspection.
Clause 56 of the Bill relates to the contents of documents may be proved either by
primary or by secondary evidence.
Clause 57 of the Bill relates to the primary evidence.
This clause provides that the primary evidence means the document itself produced
for the inspection of the Court.
Clause 58 of the Bill relates to the secondary evidence.
This clause provides that the secondary evidence includes certified copies; copies
made from the original by mechanical processes which in themselves ensure the accuracy ofthe copy, and copies compared with such copies; copies made from or compared with theoriginal; counterparts of documents as against the parties who did not execute them; oralaccounts of the contents of a document given by some person who has himself seen it; oraladmissions; written admissions and evidence of a person who has examined a document, theoriginal of which consists of numerous accounts or other documents which cannotconveniently be examined in Court, and who is skilled in the examination of such documents.
Clause 59 of the Bill relates to the documents shall be proved by primary evidence
except in the cases hereinafter mentioned.
Clause 60 of the Bill relates to Cases in which secondary evidence may be given of the
existence, condition, or contents of a document.
Clause 61 of the Bill relates to the admissibility of electronic or digital record.
This clause provides that nothing in the Adhiniyam shall apply to deny the admissibility
of an electronic or digital record in the evidence on the ground that it is an electronic ordigital record and such record shall have the same legal effect, validity and enforceability aspaper records.
Clause 62 of the Bill relates to special provisions as to evidence relating to electronic
record.
This clause provides that the contents of electronic records may be proved in accordance
with the provisions of clause 64.
Clause 63 of the Bill relates to admissibility of electronic records.
This clause provides that any information contained in an electronic record which is
printed on paper, stored, recorded or copied in optical or magnetic media or semiconductormemory which is produced by a computer or any communication device or otherwise stored,recorded or copied in any electronic shall be deemed to be also a document and computer inquestion and shall be admissible in any proceedings, without further proof or production ofthe original, as evidence or any contents of the original or of any fact stated therein of whichdirect evidence would be admissible.
Clause 64 of the Bill relates to rules as to notice to produce.
This clause provides that the secondary evidence of the contents of the documents,
shall not be given unless the party proposing to give such secondary evidence has previouslygiven to the party in whose possession or power the document is, or to his advocate orrepresentative, such notice to produce it as is prescribed by law; and if no notice is prescribedby law, then such notice as the Court considers reasonable under the circumstances of thecase, subject to the condition such notice shall not be required in order to render secondaryevidence admissible.
Clause 65 of the Bill relates to proof of signature and handwriting of person alleged to
have signed or written document produced.
This clause provides that the document is alleged to be signed or to have been written
wholly or in part by any person, the signature or the handwriting of so much of the documentas is alleged to be in that person's handwriting must be proved to be in his handwriting.
Clause 66 of the Bill relates to proof as to electronic signature.
This clause provides that the electronic signature of any subscriber is alleged to have
been affixed to an electronic record, such electronic signature is the electronic signature ofthe subscriber must be proved.
Clause 67 of the Bill relates to proof of execution of document required by law to be
attested.
This clause provides that the document is required by law to be attested, it shall not be
used as evidence until one attesting witness at least has been called for the purpose ofproving its execution, subject to the call an attesting witness in proof of the execution of anydocument, not being a Will, which has been registered in accordance with the provisions ofthe Indian Registration Act, 1908, unless its execution by the person by whom it purports tohave been executed is specifically denied.
Clause 68 of the Bill relates to proof where no attesting witness found.
This clause provides that no such attesting witness can be found, it must be proved
that the attestation of one attesting witness at least is in his handwriting, and that thesignature of the person executing the document is in the handwriting of that person.
Clause 69 of the Bill relates to admission of execution by party to attested document.
This clause provides that admission of a party to an attested document of its execution
by himself shall be sufficient proof of its execution as against him, though it be a documentrequired by law to be attested.
Clause 70 of the Bill relates to the attesting witness denies or does not recollect the
execution of the document, its execution may be proved by other evidence.
Clause 71 of the Bill relates to an attested document not required by law to be attested
may be proved as if it was unattested.
Clause 72 of the Bill relates to the comparison of signature, writing or seal with others
admitted or proved.
This clause provides to ascertain a signature, writing, or seal admitted or proved to the
satisfaction of the Court to have been written or made by that person may be compared with
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the one which is to be proved, although that signature, writing, or seal has not been produced
or proved for any other purpose. It further provides that the Court may direct any personpresent in Court to write any words or figures for the purpose of enabling the Court tocompare the words or figures so written with any words or figures alleged to have beenwritten by such person and applies with any necessary modifications, to finger impressions.
Clause 73 of the Bill relates to proof as to verification of digital signature.
This clause provides that to ascertain a digital signature is that of the person by whom
it purports to have been affixed, the Court may direct the person or the Controller or theCertifying Authority to produce the Digital Signature Certificate and any other person toapply the public key listed in the Digital Signature Certificate and verify the digital signaturepurported to have been affixed by that person.
Clause 74 of the Bill relates to public and private documents.
This clause provides public documents includes documents forming the acts, or records
of the acts of the sovereign authority; official bodies and tribunals; public officers, legislative,judicial and executive of India or of a foreign country; and public records kept in any State orUnion territory of private documents. Except all the above others are private documents.
Clause 75 of the Bill relates to the certified copies of public documents.
This clause provides that public officer having the custody of a public document shall
be called certified copies.
Clause 76 of the Bill relates to the proof of documents by production of certified
copies.
This clause provides that certified copies may be produced in proof of the contents of
the public documents or parts of the public documents of which they purport to be copies.
Clause 77 of the Bill relates to the proof of other official documents.
Clause 78 of the Bill relates to the presumption as to genuineness of certified copies.
This clause provides that the Court shall presume to be genuine every document
purporting to be a certificate, certified copy or other document, which is by law declared tobe admissible as evidence of any particular fact, and which purports to be duly certified byany officer of the Central Government or of a State Government, subject to the document issubstantially in the form and purports to be executed in the manner directed by law in thatbehalf and the Court shall also presume that any officer by whom any such documentpurports to be signed or certified, held, when he signed it, the official character which heclaims in such paper.
Clause 79 of the Bill relates to presumption as to documents produced as record of
evidence, etc.
This clause provides that the any document is produced before any Court, purporting
to be a record or memorandum of the evidence, or of any part of the evidence, given by awitness in a judicial proceeding or before any officer authorised by law to take such evidenceor to be a statement or confession by any prisoner or accused person, taken in accordancewith law, and purporting to be signed by any Judge or Magistrate, or by any such officer asaforesaid, the Court shall presume thatthe document is genuine; any statements as to thecircumstances under which it was taken, purporting to be made by the person signing it, aretrue; andsuch evidence, statement or confession was duly taken.
Clause 80 of the Bill relates to presumption as to Gazettes, newspapers, and other
documents.
This clause provides that the Court shall presume the genuineness of every document
purporting to be the Official Gazette, or to be a newspaper or journal, and of every documentpurporting to be a document directed by any law to be kept by any person, if such documentis kept substantially in the form required by law and is produced from proper custody.
Clause 81 of the Bill relates to the presumption as to Gazettes in electronic or digital
record.
This clause provides that the Court shall presume the genuineness of every electronic
or digital record purporting to be the Official Gazette, or purporting to be electronic or digitalrecord directed by any law to be kept by any person, if such electronic or digital record iskept substantially in the form required by law and is produced from proper custody.
Clause 82 of the Bill relates to the presumption as to maps or plans made by authority
of Government.
This clause provides that the Court shall presume that maps or plans purporting to be
made by the authority of the Central Government or any State Government were so made,and are accurate; but maps or plans made for the purposes of any cause must be proved tobe accurate.
Clause 83 of the Bill relates to the presumption as to collections of laws and reports of
decisions.
This clause provides that the Court shall presume the genuineness of, every book
purporting to be printed or published under the authority of the Government of any country,and to contain any of the laws of that country, and of every book purporting to containreports of decisions of the Courts of such country.
Clause 84 of the Bill relates to the presumption as to powers-of-attorney.
This clause provides that the Court shall presume that every document purporting to
be a power-of-attorney, and to have been executed before, and authenticated by, a NotaryPublic, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative ofthe Central Government, was so executed and authenticated.
Clause 85 of the Bill relates to the presumption as to electronic agreements.
This clause provides that the Court shall presume that every electronic record
purporting to be an agreement containing the electronic or digital signature of the partieswas so concluded by affixing the electronic or digital signature of the parties.
Clause 86 of the Bill relates to the presumption as to electronic records and electronic
signatures.
This clause provides that any proceedings involving a secure electronic record, the
Court shall presume unless contrary is proved, that the secure electronic record has not beenaltered since the specific point of time to which the secure status relates.
Further provides that the case involving secure digital signature, the Court shall presume
secure electronic signature is affixed by subscriber with the intention of signing or approvingthe electronic record and nothing in this section shall create any presumption, relating toauthenticity and integrity of the electronic record or any electronic signature.
Clause 87 of the Bill relates to presumption as to Electronic Signature Certificates.
This clause provides that the information listed in an Electronic Signature Certificate is
correct, except for information specified as subscriber information which has not been verified,if the certificate was accepted by the subscriber.
Clause 88 of the Bill relates to presumption as to certified copies of foreign judicial
records.
This clause provides that the Court may presume that any document purporting to be
a certified copy of any judicial record of any country beyond India is genuine and accurate,if the document purports to be certified in any manner which is certified by any representativeof the Central Government, in or for such country, to be the manner commonly in use in thatcountry for the certification of copies of judicial records.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 467
Clause 89 of the Bill relates to presumption as to books, maps and charts.
This clause provides that the Court may presume that any book to which it may refer
for information on matters of public or general interest, and that any published map or chart,the statements of which are relevant facts, and which is produced for its inspection, waswritten and published by the person, and at the time and place, by whom or at which itpurports to have been written or published.
Clause 90 of the Bill relates to presumption as to electronic messages.
This clause provides that the Court may presume that an electronic message, forwarded
by the originator through an electronic mail server to the addressee to whom the messagepurports to be addressed corresponds with the message as fed into his computer fortransmission; but the Court shall not make any presumption as to the person by whom suchmessage was sent.
Clause 91 of the Bill relates to presumption as to due execution of documents not
produced.
This clause provides that the Court shall presume that every document, called for and
not produced after notice to produce, was attested, stamped and executed in the mannerrequired by law.
Clause 92 of the Bill relates to presumption as to documents thirty years old.
This clause provides that any document, purporting or proved to be thirty years old,
is produced from any custody which the Court in the particular case considers proper, theCourt may presume that the signature and every other part of such document, which purportsto be in the handwriting of any particular person, is in that person's handwriting, and, in thecase of a document executed or attested, that it was duly executed and attested by thepersons by whom it purports to be executed and attested.
Clause 93 of the Bill relates to presumption as to electronic records five years old.
This clause provides that any electronic record, purporting or proved to be five years
old, is produced from any custody which the Court in the particular case considers proper,the Court may presume that the electronic signature which purports to be the electronicsignature of any particular person was so affixed by him or any person authorised by him inthis behalf.
Clause 94 of the Bill relates to evidence of terms of contracts, grants and other
dispositions of property reduced to form of document.
This clause provides that the terms of a contract, or of a grant, or of any other disposition
of property, have been reduced to the form of a document, and in all cases in which anymatter is required by law to be reduced to the form of a document, no evidence shall be givenin proof of the terms of such contract, grant or other disposition of property, or of suchmatter, except the document itself, or secondary evidence of its contents in cases in whichsecondary evidence is admissible under the provisions and with few exceptions.
Clause 95 of the Bill relates to exclusion of evidence of oral agreement.
This clause provides that no evidence of any oral agreement or statement shall be
admitted, as between the parties to any such instrument or their representatives in interest,for the purpose of contradicting, varying, adding to, or subtracting from the proved evidence.
Clause 96 of the Bill relates to exclusion of evidence to explain or amend ambiguous
document.
This clause provides thatthe language used in a document is, on its face, ambiguous
or defective, evidence may not be given of facts which would show its meaning or supply itsdefects.
Clause 97 of the Bill relates to exclusion of evidence against application of document
to existing facts.
This clause provides that the language used in a document is plain in itself, and when
it applies accurately to existing facts, evidence may not be given to show that it was notmeant to apply to such facts.
Clause 98 of the Bill relates to evidence as to document unmeaning reference to
existing facts.
This clause provides that the language used in a document is plain in itself, but is
unmeaning in reference to existing facts, evidence may be given to show that it was used ina peculiar sense.
Clause 99 of the Bill relates to evidence as to application of language which can apply
to one only of several persons.
This clause provides that the facts are such that the language used might have been
meant to apply to any one, and could not have been meant to apply to more than one, ofseveral persons or things, evidence may be given of facts which show which of thosepersons or things it was intended to apply to.
Clause 100 of the Bill relates to evidence as to application of language to one of two
sets of facts, to neither of which the whole correctly applies.
This clause provides that the language used applies partly to one set of existing facts,
and partly to another set of existing facts, but the whole of it does not apply correctly toeither, evidence may be given to show to which of the two it was meant to apply.
Clause 101 of the Bill relates to evidence as to meaning of illegible characters.
This clause provides that evidence may be given to show the meaning of illegible or
not commonly intelligible characters, of foreign, obsolete, technical or local and regionalexpressions, of abbreviations and of words used in a peculiar sense.
Clause 102 of the Bill relates to the person give evidence of agreement varying terms
of document.
This clause provides that persons who are not parties to a document, or their
representatives in interest, may give evidence of any facts tending to show a contemporaneousagreement varying the terms of the document.
Clause 103 of the Bill relates to saving of provisions of Indian Succession Act relating
to Wills
Clause 104 of the Bill relates to burden of proof.
This clause provides that person is bound to prove the existence of any fact, it is said
that the burden of proof lies on that person.
Clause 105 of the Bill relates to the person with whom burden of proof lies.
This clause provides that the burden of proof in a suitor proceeding lies on that person
who would fail if no evidence at all were given on either side.
Clause 106 of the Bill relates to the burden of proof as to particular fact.
This clause provides that the burden of proof as to any particular fact lies on that
person who wishes the Court to believe in its existence, unless it is provided by any law thatthe proof of that fact shall lie on any particular person.
Clause 107 of the Bill relates to the burden of proving fact to be proved to make
evidence admissible.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 469
This clause provides that the burden of proving any fact necessary to be proved in
order to enable any person to give evidence of any other fact is on the person who wishes togive such evidence.
Clause 108 of the Bill relates to the burden of proving that case of accused comes
within exceptions.
This clause provides that the accused of any offence, the burden of proving the
existence of circumstances bringing the case within any of the general exceptions in theBharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in anyother part of the said Sanhita, or in any law defining the offence, is upon him, and the Courtshall presume the absence of such circumstances.
Clause 109 of the Bill relates to burden of proving fact especially within knowledge.
This clause provides that any fact is especially within the knowledge of any person,
the burden of proving that fact is upon him.
Clause 110 of the Bill relates to burden of proving death of person known to have been
alive within thirty years.
This clause provides that the question is whether a man is alive or dead, and it is
shown that he was alive within thirty years, the burden of proving that he is dead is on theperson who affirms it.
Clause 111 of the Bill relates to burden of proving that person is alive who has not
been heard of for seven years.
This clause provides that a man is alive or dead, and it is proved that he has not been
heard of for seven years by those who would naturally have heard of him if he had been alive,the burden of proving that he is alive is shifted to the person who affirms it.
Clause 112 of the Bill relates to burden of proof as to relationship in the cases of
partners, landlord and tenant, principal and agent.
This clause provides that thepersons are partners, landlord and tenant, or principal
and agent, and it has been shown that they have been acting as such, the burden of provingthat they do not stand, or have ceased to stand, to each other in those relationshipsrespectively, is on the person who affirms it.
Clause 113 of the Bill relates to burden of proof as to ownership.
This clause provides that any person is owner of anything of which he is shown to be
in possession, the burden of proving that he is not the owner is on the person who affirmsthat he is not the owner.
Clause 114 of the Bill relates to proof of good faith in transactions where one party is
in relation of active confidence.
This clause provides that the good faith of a transaction between parties, one of whom
stands to the other in a position of active confidence, the burden of proving the good faithof the transaction is on the party who is in a position of active confidence.
Clause 115 of the Bill relates to presumption as to certain offences.
Clause 116 of the Bill relates to birth during marriage, conclusive proof of legitimacy.
This clause provides that the fact that any person was born during the continuance of
a valid marriage between his mother and any man, or within two hundred and eighty daysafter its dissolution, the mother remaining unmarried, shall be conclusive proof that he is thelegitimate child of that man.
Clause 117 of the Bill relates to presumption as to abetment of suicide by a married
woman.
This clause provides that a woman committed suicide had been abetted by her husband
or any relative of her husband and it is shown that she had committed suicide within a periodof seven years from the date of her marriage and that her husband or such relative of herhusband had subjected her to cruelty, the court may presume, having regard to all the othercircumstances of the case, that such suicide had been abetted by her husband or by suchrelative of her husband.
Clause 118 of the Bill relates to presumption as to dowry death.
This clause provides that a person has committed the dowry death of a woman and it
is shown that soon before her death, such woman had been subjected by such person tocruelty or harassment for, or in connection with, any demand for dowry, the court shallpresume that such person had caused the dowry death.
Clause 119 of the Bill relates to Court may presume existence of certain facts.
This clause provides that the Court may presume the existence of any fact which it
thinks likely to have happened, regard being had to the common course of natural events,human conduct and public and private business, in their relation to the facts of the particularcase.
Clause 120 of the Bill relates to presumption as to absence of consent in certain
prosecution for rape.
This clause provides that the prosecution for rape, where sexual intercourse by the
accused is proved and the question is whether it was without the consent of the womanalleged to have been raped and such woman states in her evidence before the court that shedid not consent, the court shall presume that she did not consent.
Clause 121 of the Bill relates to Estoppel.
This clause provides that one person has, by his declaration, act or omission,
intentionally caused or permitted another person to believe a thing to be true and to act uponsuch belief, neither he nor his representative shall be allowed, in any suit or proceedingbetween himself and such person or his representative, to deny the truth of that thing.
Clause 122 of the Bill relates to Estoppel of tenants and of licensee of person in
possession.
This clause provides that no tenant of immovable property, or person claiming through
such tenant, shall, during the continuance of the tenancy or any time thereafter, be permittedto deny that the landlord of such tenant had, at the beginning of the tenancy, a title to suchimmovable property; and no person who came upon any immovable property by the licenceof the person in possession thereof shall be permitted to deny that such person had a title tosuch possession at the time when such licence was given.
Clause 123 of the Bill relates to Estoppel of acceptor of bill of exchange, bailee or
licensee.
This clause provides that acceptor of a bill of exchange shall be permitted the drawer
had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permittedto deny that his bailor or licensor had, at the time when the bailment or licence commenced,authority to make such bailment or grant such licence.
Clause 124 of the Bill relates to the person who may testify.
This clause provides that all persons shall be competent to testify unless the Court
considers that they are prevented from understanding the questions put to them, or fromgiving rational answers to those questions, by tender years, extreme old age, disease, whetherof body or mind, or any other cause of the same kind.
Clause 125 of the Bill relates to witness unable to communicate verbally.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 471
This clause provides that a witness who is unable to speak may give his evidence in
any other manner in which he can make it intelligible, as by writing or by signs; but suchwriting must be written and the signs made in open Court and evidence so given shall bedeemed to be oral evidence, subject to the assistance of interpreter.
Clause 126 of the Bill relates to competency of husband and wife as witnesses in
certain cases.
This clause provides that in all civil proceedings the parties to the suit, and the husband
or wife of any party to the suit, shall be competent witnesses and in criminal proceedingsagainst any person, the husband or wife of such person, respectively, shall be a competentwitness.
Clause 127 of the Bill relates to Judges and Magistrates.
This clause provides that the no Judge or Magistrate shall, except upon the special
order of some Court to which he is subordinate, be compelled to answer any questions as tohis own conduct in Court as such Judge or Magistrate, or as to anything which came to hisknowledge in Court as such Judge or Magistrate; but he may be examined as to other matterswhich occurred in his presence whilst he was so acting.
Clause 128 of the Bill relates to communications during marriage.
This clause provides that the no person who is or has been married, shall be compelled
to disclose any communication made to him during marriage by any person to whom he is orhas been married; nor shall he be permitted to disclose any such communication, unless theperson who made it, or his representative in interest, consents, except in suits betweenmarried persons, or proceedings in which one married person is prosecuted for any crimecommitted against the other.
Clause 129 of the Bill relates to evidence as to affairs of State.
This clause provides that no one shall be permitted to give any evidence derived from
unpublished official records relating to any affairs of State, except with the permission of theofficer at the head of the department concerned, who shall give or withhold such permissionas he thinks fit.
Clause 130 of the Bill relates to the official communications.
This clause provides that no public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that the public interestswould suffer by the disclosure.
Clause 131 of the Bill relates to the information as to commission of offences.
This clause provides that no Magistrate or police-officer shall be compelled to say
when he got any information as to the commission of any offence, and no revenue-officershall be compelled to say when he got any information as to the commission of any offenceagainst the public revenue.
Clause 132 of the Bill relates to professional communications.
This clause provides that no advocate, shall at any time be permitted, unless with his
client's express consent, to disclose any communication made to him in the course and forthe purpose of his service as such advocate, by or on behalf of his client, or to state thecontents or condition of any document with which he has become acquainted in the courseand for the purpose of his professional service, or to disclose any advice given by him to hisclient in the course and for the purpose of such service.
Clause 133 of the Bill relates to privilege not waived by volunteering evidence.
This clause provides that any party to a suit gives evidence therein at his own instance
or otherwise, he shall not be deemed to have consented thereby to such disclosure as is
mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate,
as a witness, he shall be deemed to have consented to such disclosure only if he questionssuch advocate, on matters which, but for such question, he would not be at liberty to
disclose.
Clause 134 of the Bill relates to confidential communication with legal advisers.
This clause provides that no one shall be compelled to disclose to the Court any
confidential communication which has taken place between him and his legal adviser, unless
he offers himself as a witness, in which case he may be compelled to disclose any suchcommunications as may appear to the Court necessary to be known in order to explain any
evidence which he has given, but no others.
Clause 135 of the Bill relates to production of title-deeds of witness not a party.
This clause provides that no witness who is not a party to a suit shall be compelled to
produce his title-deeds to any property, or any document in virtue of which he holds any
property as pledge or mortgagee or any document the production of which might tend tocriminate him, unless he has agreed in writing to produce them with the person seeking the
production of such deeds or some person through whom he claims.
Clause 136 of the Bill relates to production of documents or electronic records which
another person, having possession, would refuse to produce.
This clause provides that no one shall be compelled to produce documents in his
possession or electronic records under his control, which any other person would be entitledto refuse to produce if they were in his possession or control, unless such last-mentioned
person consents to their production.
Clause 137 of the Bill relates to witness not excused from answering on ground that
answer will criminate.
This clause provides that the witness shall not be excused from answering any question
as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding,upon the ground that the answer to such question will criminate, or may tend directly or
indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to
expose, such witness to a penalty or forfeiture of any kind:
Clause 138 of the Bill relates to accomplice.
This clause provides that the accomplice shall be a competent witness against an
accused person; and a conviction is not illegal merely because it proceeds upon theuncorroborated testimony of an accomplice.
Clause 139 of the Bill relates to number of witnesses.
This clause provides that no particular number of witnesses shall in any case be
required for the proof of any fact.
Clause 140 of the Bill relates to order of production and examination of witnesses.
This clause provides that theorder in which witnesses are produced and examined
shall be regulated by the law and practice for the time being relating to civil and criminal
procedure respectively, and, in the absence of any such law, by the discretion of the Court.
Clause 141 of the Bill relates to Judge to decide as to admissibility of evidence.
This clause provides that the Judge shall admit the evidence if he thinks that the fact,
if proved, would be relevant, and not otherwise and the fact proposed to be proved is one of
which evidence is admissible only upon proof of some other fact, such last mentioned factmust be proved before evidence is given of the fact first mentioned, unless the party undertakes
to give proof of such fact, and the Court is satisfied with such undertaking.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 473
It further provides that if the relevancy of one alleged fact depends upon another
alleged fact being first proved, the Judge may, in his discretion, either permit evidence of thefirst fact to be given before the second fact is proved, or require evidence to be given of thesecond fact before evidence is given of the first fact.
Clause 142 of the Bill relates to examination of witnesses.
This clause provides that the examination of witness as examination-in-chief and the
examination of a witness by the adverse party shall be called his cross-examination andsubsequent to the cross-examination, by the party who called him, shall be called hisre-examination.
Clause 143 of the Bill relates to order of examinations.
This clause provides that the witnesses shall be first examined-in-chief, then
cross-examined on the relevant facts and then re-examined, but the cross-examination neednot be confined to the facts to which the witness testified on his examination-in-chief.
It further provides that re-examination shall be directed to the explanation of matters
referred to in cross-examination; and, if new matter is, by permission of the Court, introducedin re-examination, the adverse party may further cross-examine upon that matter.
Clause 144 of the Bill relates to cross-examination of person called to produce a
document.
This clause provides that a person summoned to produce a document does not become
a witness by the mere fact that he produces it, and cannot be cross-examined unless and untilhe is called as a witness.
Clause 145 of the Bill relates to witnesses to character may be cross-examined and re-
examined.
Clause 146 of the Bill relates to leading questions.
This clause provides that the definition for leading questions and when it raise it can
be raised in the examination of witness and the circumstances court may permit for leadingquestions.
Clause 147 of the Bill relates to evidence as to matters in writing.
This clause provides that any witness may be asked, while under examination, whether
any contract, grant or other disposition of property, as to which he is giving evidence, wasnot contained in a document, and if he says that it was, or if he is about to make anystatement as to the contents of any document, which, in the opinion of the Court, ought tobe produced, the adverse party may object to such evidence being given until such documentis produced, or until facts have been proved which entitle the party who called the witnessto give secondary evidence of it.
Clause 148 of the Bill relates to cross-examination as to previous statements in writing.
This clause provides that a witness may be cross-examined as to previous statements
made by him in writing or reduced into writing, and relevant to matters in question, withoutsuch writing being shown to him, or being proved; but, if it is intended to contradict him bythe writing, his attention must, before the writing can be proved, be called to those parts ofit which are to be used for the purpose of contradicting him.
Clause 149 of the Bill relates to questions lawful in cross-examinations.
This clause provides for testing the veracity of the witness during cross-examination
and to discover his position in life and to say his credit and it is not permissible for cross-examination of prosecutrix in cases filed under 64 of the Bharatiya Nyaya Sanhita, 2023.
Clause 150 of the Bill relates to circumstances when witness to compel to answer.
Clause 151 of the Bill relates to Court to decide when question shall be asked and
when witness compelled to answer.
Clause 152 of the Bill relates to question not to be asked without reasonable grounds.
Clause 153 of the Bill relates to procedure of Court in case of question being asked
without reasonable grounds.
This clause provides that the Court is of opinion that any question was asked without
reasonable grounds, it may, if it was asked by any advocate, report the circumstances of thecase to the High Court or other authority to which such advocate, is subject in the exerciseof his profession.
Clause 154 of the Bill relates to indecent and scandalous questions.
This clause provides that the Court may forbid any questions or inquiries which it
regards as indecent or scandalous, although such questions or inquiries may have somebearing on the questions before the Court, unless they relate to facts in issue, or to mattersnecessary to be known in order to determine whether or not the facts in issue existed.
Clause 155 of the Bill relates to questions intended to insult or annoy.
This clause provides that the Court shall forbid any question which appears to it to be
intended to insult or annoy, or which, though proper in itself, appears to the Court needlesslyoffensive in form.
Clause 156 of the Bill relates to exclusion of evidence to contradict answers to questions
testing veracity.
Clause 157 of the Bill relates to question by party to his own witness.
This clause provides that the Court may, in its discretion, permit the person who calls
a witness to put any questions to him which might be put in cross-examination by theadverse party.
Clause 158 of the Bill relates to impeaching credit of witness.
This clause provides that the credit of a witness may be impeached in by the adverse
party or with the consent of the Court.
Clause 159 of the Bill relates to questions tending to corroborate evidence of relevant
fact, admissible.
This clause provides that a witness whom it is intended to corroborate gives evidence
of any relevant fact, he may be questioned as to any other circumstances which he observedat or near to the time or place at which such relevant fact occurred, if the Court is of opinionthat such circumstances, if proved, would corroborate the testimony of the witness as to therelevant fact which he testifies.
Clause 160 of the Bill relates to former statements of witness may be proved to
corroborate later testimony as to same fact.
This clause provides that in order to corroborate the testimony of a witness, any
former statement made by such witness relating to the same fact, at or about the time whenthe fact took place, or before any authority legally competent to investigate the fact, may beproved.
Clause 161 of the Bill relates to matters may be proved in connection with proved
statement relevant under section 26 or 27.
Clause 162 of the Bill relates to refreshing memory of the witness.
This clause provides that a witness may, while under examination, refresh his memory
by referring to any writing made by himself at the time of the transaction concerning whichhe is questioned, or so soon afterwards that the Court considers it likely that the transaction
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 475
was at that time fresh in his memory and further a witness may refresh his memory by
reference to any document, he may, with the permission of the Court, refer to a copy ofdocument.
Clause 163 of the Bill relates to testimony to facts stated in document mentioned in
clause 162.
This clause provides that a witness may also testify to facts mentioned in any such
document as is mentioned in clause 162, although he has no specific recollection of the factsthemselves, if he is sure that the facts were correctly recorded in the document.
Clause 164 of the Bill relates to right of adverse party as to writing used to refresh
memory.
This clause provides that any writing referred to under the provisions of the two last
preceding sections must be produced and shown to the adverse party if he requires it; suchparty may, if he pleases, cross-examine the witness thereupon.
Clause 165 of the Bill relates to production of documents.
This clause provides that a witness summoned to produce a document in possession
or power, bring it subject to the decision of the Court and further determine on its admissibility.
Clause 166 of the Bill relates to giving, as evidence, of document called for and produced
on notice.
This clause provides that a party calls for a document which he has given the other
party notice to produce, and such document is produced and inspected by the party callingfor its production, he is bound to give it as evidence if the party producing it requires him todo so.
Clause 167 of the Bill relates to using, as evidence, of document production of which
was refused on notice.
This clause provides that a party refuses to produce a document which he has had
notice to produce, he cannot afterwards use the document as evidence without the consentof the other party or the order of the Court.
Clause 168 of the Bill relates to Judge's power to put questions or order production.
This clause provides that the Judge may, in order to discover or obtain proof of
relevant facts, ask any question he considers necessary, in any form, at any time, of anywitness, or of the parties about any fact; and may order the production of any document orthing; and neither the parties nor their representatives shall be entitled to make any objectionto any such question or order, nor, without the leave of the Court, to cross-examine anywitness upon any answer given in reply to any such question
Clause 169 of the Bill relates to no new trial for improper admission or rejection of
evidence.
This clause provides that the improper admission or rejection of evidence shall not be
ground of itself for a new trial or reversal of any decision in any case, if it shall appear to theCourt before which such objection is raised that, independently of the evidence objected toand admitted, there was sufficient evidence to justify the decision, or that, if the rejectedevidence had been received, it ought not to have varied the decision.
Clause 170 of the Bill relates to repeal and savings.
FINANCIAL MEMORANDUM
The Bharatiya Sakshya Bill, 2023, if enacted, is not likely to involve any expenditure,
either recurring or non-recurring, from and out of the Consolidated Fund of India.
—————
UTPAL KUMAR SINGH
Secretary General.476 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— S EC. 2]
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—290GI—25-08-2023.
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