Code of Criminal Procedure, 1973

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Chapter I: Preliminary

SectionTitle
1Short title, extent and commencement
2Definitions
3Construction of references
4Trial of offences under IPC and other laws
5Saving

Chapter II: Constitution of Criminal Courts and Offices

SectionTitle
6Classes of Criminal Courts
7Territorial divisions
8Metropolitan areas
9Court of Session
10Subordination of Assistant Sessions Judges
11Courts of Judicial Magistrates
12Chief Judicial Magistrate
13Special Judicial Magistrates
14Local jurisdiction of Judicial Magistrates
15Subordination of Judicial Magistrates
16Courts of Metropolitan Magistrates
17Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
18Special Metropolitan Magistrates
19Subordination of Metropolitan Magistrates
20Executive Magistrates
21Special Executive Magistrates
22Local Jurisdiction of Executive Magistrates
23Subordination of Executive Magistrates
24Public Prosecutors
25Assistant Public Prosecutors
25ADirectorate of Prosecution

Chapter III: Power of Courts

SectionTitle
26Courts by which offences are triable
27Jurisdiction in the case of juveniles
28Sentences which High Courts and Sessions Judges may pass
29Sentences which Magistrates may pass
30Sentence of imprisonment in default of fine
31Sentence in cases of conviction of several offences at one trial
32Mode of conferring powers
33Powers of officers appointed
34Withdrawal of powers
35Powers of Judges and Magistrates exercisable by their successors

Chapter IV: Powers of Superior Officers of Police; Aid to the Magistrates and the Police

SectionTitle
36Powers of superior officers of police
37Public when to assist Magistrates and police
38Aid to person other than police officer executing warrant
39Public to give information of certain offences
40Duty of officers employed with village affairs

Chapter V: Arrest of Persons

SectionTitle
41When police may arrest without warrant
41ANotice of appearance before police officer
41BProcedure of arrest and duties of officer making arrest
41CControl room at districts
41DRight of arrested person to meet an advocate during interrogation
42Arrest on refusal to give name and residence
43Arrest by private person and procedure on such arrest
44Arrest by Magistrate
45Protection of members of Armed Forces from arrest
46Arrest how made
47Search of place entered by person sought to be arrested
48Pursuit of offenders into other jurisdictions
49No unnecessary restraint
50Person arrested to be informed of grounds
50AObligation of person making arrest to inform about the arrest
51Search of arrested person
52Power to seize offensive weapons
53Examination of accused by medical practitioner at request of police
53AExamination of person accused of rape by medical practitioner
54Examination of arrested person by medical officer
54AIdentification of person arrested
55Procedure when police officer deputes subordinate to arrest without warrant
55AHealth and safety of arrested person
56Person arrested to be taken before Magistrate
57Person arrested not to be detained more than 24 hours
58Police to report apprehensions
59Discharge of person apprehended
60Power, on escape, to pursue and retake
60AArrest to be made strictly according to the Code

Chapter VI: Processes to Compel Appearance

SectionTitle
61Form of summons
62Summons how served
63Service of summons on corporate bodies, firms, and societies
64Service when persons summoned cannot be found
65Procedure when service cannot be effected as before provided
66Service on Government servant
67Service of summons outside local limits
68Proof of service in such cases
69Service of summons on witness by post
70Form of warrant of arrest and duration
71Power to direct security to be taken
72Warrants to whom directed
73Warrant may be directed to any person
74Warrant directed to police officer
75Notification of substance of warrant
76Person arrested to be brought before court without delay
77Where warrant may be executed
78Warrant forwarded for execution outside jurisdiction
79Warrant directed to police officer for execution outside jurisdiction
80Procedure on arrest of person against whom warrant issued
81Procedure by Magistrate before whom such person arrested is brought
82Proclamation for person absconding
83Attachment of property of person absconding
84Claims and objections to attachment
85Release, sale and restoration of attached property
86Appeal from order rejecting application for restoration of attached property
87Issue of warrant in lieu of, or in addition to, summons
88Power to take bond for appearance
89Arrest on breach of bond for appearance
90Provisions generally applicable to summonses and warrants

Chapter VII: Processes to Compel the Production of Things

SectionTitle
91Summons to produce document or other thing
92Procedure as to letters
93When search-warrant may be issued
94Search of place suspected to contain stolen property
95Power to declare certain publications forfeited
96Application to High Court to set aside declaration of forfeiture
97Search for persons wrongfully confined
98Power to compel restoration of abducted females
99Direction of search-warrants
100Persons in charge of closed place to allow search
101Disposal of things found in search beyond jurisdiction
102Power of police officer to seize certain property
103Magistrate may direct search in his presence
104Power to impound document produced
105Reciprocal arrangements regarding processes

Chapter VIIA: Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property

SectionTitle
105ADefinitions
105BAssistance in securing transfer of persons
105CAssistance in relation to orders of attachment
105DIdentifying unlawfully acquired property
105ESeizure or attachment of property
105FManagement of properties seized or forfeited
105GNotice of forfeiture of property
105HForfeiture of property in certain cases
105IFine in lieu of forfeiture
105JCertain transfers to be null and void
105KProcedure in respect of letter of request
105LApplication of this Chapter

Chapter VIII: Security for Keeping the Peace and for Good Behaviour

SectionTitle
106Security for keeping the peace on conviction
107Security for keeping the peace in other cases
108Security for good behaviour from persons disseminating seditious matters
109Security for good behaviour from suspected persons
110Security for good behaviour from habitual offenders
111Order to be made
112Procedure in respect of person present in Court
113Summons or warrant in case of person not so present
114Copy of order to accompany summons or warrant
115Power to dispense with personal attendance
116Inquiry as to truth of information
117Order to give security
118Discharge of person informed against
119Commencement of period for which security is required
120Contents of bond
121Power to reject sureties
122Imprisonment in default of security
123Power to release persons imprisoned for failing to give security
124Security for unexpired period of bond

Chapter IX: Order for Maintenance of Wives, Children and Parents

SectionTitle
125Order for maintenance of wives, children and parents
126Procedure
127Alteration in allowance
128Enforcement of order of maintenance

Chapter X: Maintenance of Public Order and Tranquillity

SectionTitle
129Dispersal of assembly by use of civil force
130Use of armed forces to disperse assembly
131Power of certain armed force officers to disperse assembly
132Protection against prosecution for acts done under S.129-131
133Conditional order for removal of nuisance
134Service or notification of order
135Person to whom order is addressed to obey or show cause
136Consequences of his failing to do so
137Procedure where existence of public right is denied
138Procedure where he appears to show cause
139Power of Magistrate to direct local investigation and examination of expert
140Power of Magistrate to furnish written instructions
141Procedure on order being made absolute
142Injunction pending inquiry
143Magistrate may prohibit repetition or continuance of public nuisance
144Power to issue order in urgent cases of nuisance or apprehended danger
144APower to prohibit carrying arms in procession or mass drill or mass training with arms
145Procedure where dispute concerning land or water likely to cause breach of peace
146Power to attach subject of dispute and to appoint receiver
147Dispute concerning right of use of land or water
148Local inquiry

Chapter XI: Preventive Action of the Police

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

Chapter XII: Information to the Police and their Powers to Investigate

SectionTitle
154Information in cognizable cases (FIR registration)
155Information as to non-cognizable cases
156Police officer's power to investigate cognizable case
157Procedure for investigation
158Report how submitted
159Power to hold investigation or preliminary inquiry
160Police officer's power to require attendance of witnesses
161Examination of witnesses by police
162Statements to police not to be signed: Use of statements in evidence
163No inducement to be offered
164Recording of confessions and statements
164AMedical examination of the victim of rape
165Search by police officer
166When officer in charge of police station may require another to issue search-warrant
166ALetter of request to competent authority outside India
166BLetter of request from country outside India
167Procedure when investigation cannot be completed in 24 hours
168Report of investigation by subordinate police officer
169Release of accused when evidence deficient
170Cases to be sent to Magistrate, when evidence is sufficient
171Complainant and witnesses not to be required to accompany police officer
172Diary of proceedings in investigation
173Police report on completion of investigation (Chargesheet)
174Police to enquire and report on suicide, etc.
175Power to summon persons
176Inquiry by Magistrate into cause of death

Chapter XIII: Jurisdiction of the Criminal Courts in Inquiries and Trials

SectionTitle
177Ordinary place of inquiry and trial
178Place of inquiry or trial
179Offence triable where act is done or consequence ensues
180Place of trial where act is an offence by reason of relation to other offence
181Place of trial in case of certain offences
182Offences committed by letters, etc
183Offence committed on journey or voyage
184Place of trial for offences triable together
185Power to order cases to be tried in different sessions divisions
186High Court to decide, in case of doubt, district where inquiry or trial shall take place
187Power to issue summons or warrant for offence committed beyond local jurisdiction
188Offence committed outside India
189Receipt of evidence relating to offences committed outside India

Chapter XIV: Conditions Requisite for Initiation of Proceedings

SectionTitle
190Cognizance of offences by Magistrates
191Transfer on application of the accused
192Making over of cases to Magistrates
193Cognizance of offences by Courts of Session
194Additional Sessions Judges to try cases made over to them
195Prosecution for contempt of lawful authority of public servants
195AProcedure for witnesses in case of threatening, etc.
196Prosecution for offences against the State
197Prosecution of Judges and public servants
198Prosecution for offences against marriage
198AProsecution of offences under section 498A of the Indian Penal Code
198BCognizance of offence
199Prosecution for defamation

Chapter XV: Complaints to Magistrates

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

Chapter XVI: Commencement of Proceedings before Magistrates

SectionTitle
204Issue of process
205Magistrate may dispense with personal attendance of accused
206Special summons in cases of petty offence
207Supply to the accused of copy of police report and other documents
208Supply of copies of statements and documents to accused in other cases triable by Court of Session
209Commitment of case to Court of Session when offence triable exclusively by it
210Procedure to be followed when complaint case and police investigation in respect of same offence

Chapter XVII: The Charge

SectionTitle
211Contents of charge
212Particulars as to time, place and person
213When manner of committing offence must be stated
214Words in charge taken in sense of law under which offence is punishable
215Effect of errors
216Court may alter charge
217Recall of witnesses when charge altered
218Separate charges for distinct offences
219Offences of same kind within year may be charged together
220Trial for more than one offence
221Where it is doubtful what offence has been committed
222When offence proved included in offence charged
223What persons may be charged jointly
224Withdrawal of remaining charges on conviction on one of several charges

Chapter XVIII: Trial before a Court of Session

SectionTitle
225Trial to be conducted by Public Prosecutor
226Opening case for prosecution
227Discharge
228Framing of charge
229Conviction on plea of guilty
230Date for prosecution evidence
231Evidence for prosecution
232Acquittal
233Entering upon defence
234Arguments
235Judgment of acquittal or conviction
236Previous conviction
237Procedure in cases instituted under sub-section (2) of S.199

Chapter XIX: Trial of Warrant-Cases by Magistrates

SectionTitle
238Compliance with Section 207
239When accused shall be discharged
240Framing of charge
241Conviction on plea of guilty
242Evidence for prosecution
243Evidence for defence
244Evidence for prosecution (complaint case)
245When accused shall be discharged
246Procedure where accused is not discharged
247Evidence for defence
248Acquittal or conviction
249Absence of complainant
250Compensation for accusation without reasonable cause

Chapter XX: Trial of Summons-Cases by Magistrates

SectionTitle
251Substance of accusation to be stated
252Conviction on plea of guilty
253Conviction on plea of guilty in absence of accused in petty cases
254Procedure when not convicted
255Acquittal or conviction
256Non-appearance or death of complainant
257Withdrawal of complaint
258Power to stop proceedings in certain cases
259Power of Court to convert summons-cases into warrant-cases

Chapter XXI: Summary Trials

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

Chapter XXIA: Plea Bargaining

SectionTitle
265-IPeriod of detention undergone to be set off against the sentence
265AApplication of the Chapter
265BApplication for plea bargaining
265CGuidelines for mutually satisfactory disposition
265DReport of the mutually satisfactory disposition to be submitted before the Court
265EDisposal of the case
265FJudgment of the Court
265GFinality of the judgment
265HPower of the Court in plea bargaining
265JSavings
265KStatements of accused not to be used
265LNon-application of the Chapter

Chapter XXII: Attendance of Persons Confined or Detained in Prisons

SectionTitle
266Definitions
267Power to require attendance of prisoners
268Power to exclude certain persons from operation of S.267
269Officer in charge of prison to abstain from carrying out order in certain contingencies
270Prisoner to be brought to Court in custody
271Power to issue commission for examination of witness in prison

Chapter XXIII: Evidence in Inquiries and Trials

SectionTitle
272Language of Courts
273Evidence to be taken in presence of accused
274Record in summons-cases and inquiries
275Record in warrant-cases
276Record in trial before Court of Session
277Language of record of evidence
278Procedure in regard to such evidence when completed
279Interpretation of evidence to accused or his pleader
280Remarks respecting demeanour of witness
281Record of examination of accused
282Interpreter to be bound to interpret truthfully
283Record in High Court
284When attendance of witness may be dispensed with and commission issued
285Commission to whom to be issued
286Execution of commissions
287Parties may examine witnesses
288Return of commission
289Adjournment of proceeding
290Execution of foreign commissions
291Deposition of medical witness
291AIdentification report of Magistrate
292Evidence of officers of the Mint
293Reports of certain Government scientific experts
294No formal proof of certain documents
295Affidavit in proof of conduct of public servants
296Evidence of formal character on affidavit
297Authorities before whom affidavits may be sworn
298Previous conviction or acquittal how proved
299Record of evidence in absence of accused

Chapter XXIV: General Provisions as to Inquiries and Trials

SectionTitle
300Person once convicted or acquitted not to be tried for the same offence (Double jeopardy)
301Appearance by Public Prosecutors
302Permission to conduct prosecution
303Right of person against whom proceedings are instituted to be defended
304Legal aid to accused at State expense in certain cases
305Procedure when corporation or registered society is an accused
306Tender of pardon to accomplice
307Power to direct tender of pardon
308Trial of person not complying with conditions of pardon
309Power to postpone or adjourn proceedings
310Local inspection
311Power to summon material witness, or examine person present
311APower of Magistrate to order person to give specimen signatures or handwriting
312Expenses of complainants and witnesses
313Power to examine the accused
314Oral arguments and memorandum of arguments
315Accused person to be competent witness
316No influence to be used to induce disclosure
317Provision for inquiries and trial being held in the absence of accused in certain cases
318Procedure where accused does not understand proceedings
319Power to proceed against other persons appearing to be guilty of offence
320Compounding of offences
321Withdrawal from prosecution
322Procedure in cases which Magistrate cannot dispose of
323Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
324Trial of persons previously convicted of offences against coinage, stamp-law, or property
325Procedure when Magistrate cannot pass sentence sufficiently severe
326Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
327Court to be open

Chapter XXV: Provisions as to Accused Persons of Unsound Mind

SectionTitle
328Procedure in case of accused being lunatic
329Procedure in case of person of unsound mind tried before Court of Session
330Release of person of unsound mind pending investigation or trial
331Resumption of inquiry or trial
332Procedure on accused appearing before Magistrate or Court
333When accused appears to have been of sound mind
334Judgment of acquittal on ground of unsoundness of mind
335Person acquitted on such ground to be detained in safe custody
336Power of State Government to empower officer in charge
337Procedure where lunatic prisoner is reported capable of making his defence
338Procedure where lunatic detained is declared fit to be released
339Delivery of lunatic to care of relative or friend

Chapter XXVI: Provisions as to Offences affecting the Administration of Justice

SectionTitle
340Procedure in cases mentioned in S.195
341Appeal
342Power to order costs
343Procedure of Magistrate taking cognizance
344Summary procedure for trial for giving false evidence
345Procedure in certain cases of contempt
346Procedure where Court considers that case should not be dealt with under S.345
347When Registrar or Sub-Registrar to be deemed a Civil Court
348Discharge of offender on submission of apology
349Imprisonment or committal of person refusing to answer or produce document
350Summary procedure for punishment for non-attendance by a witness in obedience to summons
351Appeals from convictions under Ss.344, 345, 349 and 350
352Certain Judges and Magistrates not to try certain offences when committed before them

Chapter XXVII: The Judgment

SectionTitle
353Judgment
354Language and contents of judgment
355Metropolitan Magistrate's judgment
356Order for notifying address of previously convicted offender
357Order to pay compensation
357AVictim compensation scheme
357BCompensation to be in addition to fine under S.326A or 376D IPC
357CTreatment of victims
358Compensation to persons groundlessly arrested
359Order to pay costs in non-cognizable cases
360Order to release on probation of good conduct or after admonition
361Special reasons to be recorded in certain cases
362Court not to alter judgment
363Copy of judgment to be given to the accused and other persons
364Judgment when to be translated
365Court of Session to send copy of finding and sentence to District Magistrate

Chapter XXVIII: Submission of Death Sentences for Confirmation

SectionTitle
366Sentence of death to be submitted by Court of Session for confirmation
367Power to direct further inquiry to be made or additional evidence to be taken
368Power of High Court to confirm sentence or annul conviction
369Confirmation or new sentence to be signed by two Judges
370Procedure in case of difference of opinion
371Procedure in cases submitted to High Court for confirmation

Chapter XXIX: Appeals

SectionTitle
372No appeal to lie unless otherwise provided
373Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374Appeals from convictions
375No appeal in certain cases when accused pleads guilty
376No appeal in petty cases
377Appeal by State Government against sentence
378Appeal in case of acquittal
379Appeal against conviction by High Court in certain cases
380Special right of appeal in certain cases
381Appeal to Court of Session how heard
382Petition of appeal
383Procedure when appellant is in jail
384Summary dismissal of appeal
385Procedure for hearing appeals not dismissed summarily
386Powers of the Appellate Court
387Judgments of subordinate Appellate Court
388Order of High Court on appeal to be certified to lower Court
389Suspension of sentence pending the appeal; release of appellant on bail
390Arrest of accused in appeal from acquittal
391Appellate Court may take further evidence or direct it to be taken
392Procedure where Judges of Court of appeal are equally divided
393Finality of judgments and orders on appeal
394Abatement of appeals

Chapter XXX: Reference and Revision

SectionTitle
395Reference to High Court
396Disposal of case according to decision of High Court
397Calling for records to exercise powers of revision
398Power to order inquiry
399Sessions Judge's power of revision
400Power of Additional Sessions Judge
401High Court's powers of revision
402Power of High Court to withdraw or transfer revision cases
403Option of Court to hear parties
404Statement by Metropolitan Magistrate
405High Court's order to be certified to lower Court

Chapter XXXI: Transfer of Criminal Cases

SectionTitle
406Power of Supreme Court to transfer cases and appeals
407Power of High Court to transfer cases and appeals
408Power of Sessions Judge to transfer cases and appeals
409Withdrawal of cases and appeals by Sessions Judges
410Withdrawal of cases by Judicial Magistrates
411Making over or withdrawal of cases by Executive Magistrates
412Reasons to be recorded

Chapter XXXII: Execution, Suspension, Remission and Commutation of Sentences

SectionTitle
413Execution of order passed under section 368
414Execution of sentence of death passed by High Court
415Postponement of execution of sentence of death in case of appeal to Supreme Court
416Postponement of capital sentence on pregnant woman
417Power to appoint place of imprisonment
418Execution of sentence of imprisonment
419Direction of warrant for execution
420Warrant with whom to be lodged
421Warrant for levy of fine
422Effect of such warrant
423Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
424Suspension of execution of sentence of imprisonment
425Who may issue warrant
426Sentence on escaped convict when to take effect
427Sentence on offender already sentenced for another offence
428Period of detention undergone by the accused to be set off against the sentence of imprisonment
429Saving
430Return of warrant
431Money ordered to be paid recoverable as fine
432Power to suspend or remit sentences
433Power to commute sentence
433ARestriction on powers of remission or commutation
434Concurrent power of Central Government in case of death sentences
435State Government to act after consultation with Central Government

Chapter XXXIII: Provisions as to Bail and Bonds

SectionTitle
436In what cases bail to be taken
436AMaximum period for which an undertrial prisoner can be detained
437When bail may be taken in case of non-bailable offence
437ABail to require accused to appear before next appellate Court
438Direction for grant of bail to person apprehending arrest (Anticipatory bail)
439Special powers of High Court or Court of Session regarding bail
440Amount of bond and reduction thereof
441Bond of accused and sureties
441ADeclaration by sureties
442Discharge from custody
443Power to order sufficient bail when that first taken is insufficient
444Discharge of sureties
445Deposit instead of recognizance
446Procedure when bond has been forfeited
446ACancellation of bond and bail bond
447Procedure in case of insolvency or death of surety or when a bond is forfeited
448Bond required from minor
449Appeal from orders under S.446
450Power to direct levy of amount due on certain recognizances

Chapter XXXIV: Disposal of Property

SectionTitle
451Order for custody and disposal of property pending trial in certain cases
452Order for disposal of property at conclusion of trial
453Payment to innocent purchaser of money found on accused
454Appeal against orders under S.452
455Destruction of libellous and other matter
456Power to restore possession of immovable property
457Procedure by police upon seizure of property
458Procedure where no claimant appears within six months
459Power to sell perishable property

Chapter XXXV: Irregular Proceedings

SectionTitle
460Irregularities which do not vitiate proceedings
461Irregularities which vitiate proceedings
462Proceedings in wrong place
463Non-compliance with provisions of section 164 or section 281
464Effect of omission to frame, or absence of, or error in, charge
465Finding or sentence when reversible by reason of error, omission or irregularity
466Defect or error not to make attachment unlawful

Chapter XXXVI: Limitation for Taking Cognizance of Certain Offences

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

Chapter XXXVII: Miscellaneous

SectionTitle
474Trials before High Courts
475Delivery to commanding officers of persons liable to be tried by Court-Martial
476Forms
477Power to make rules
478Power to alter functions allocated to Executive Magistrate in certain cases
479Case in which Judge or Magistrate is personally interested
480Practising pleader not to sit as Magistrate in certain Courts
481Public servant concerned in sale not to purchase or bid for property
482Saving of inherent powers of High Court
483Duty of High Court to exercise continuous superintendence
484Repeals

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