The CRIMINAL PROCEDURE

CODE, 1973
&
THE BHARATIYA NAGARIK
SURAKSHA SANHITA,
2023

By: Apurva Sharma

https://t.me/apurvasharmaofficial
Bharatiya Nagarik Suraksha Sanhita,
Code of Criminal Procedure, 1973
2023

Sec. Heading Clause Heading

Short title, extent and Short title, extent and

1 1
commencement commencement

2 Definitions 2 Definitions

3 Construction of references 3 Construction of references

Trial of offences under the

Trial of offences under Bhartiya
4 Indian Penal Code and other 4
Nyaya Sanhita and other laws
laws

5 Saving 5 Saving

6 Classes of Criminal Courts 6 Classes of Criminal Courts.

7 Territorial divisions 7 Territorial divisions

8 Metropolitan areas — Deleted

9 Court of Session 8 Court of Session

Subordination of Assistant
10 — Deleted
Sessions Judges

11 Courts of Judicial Magistrates 9 Courts of Judicial Magistrates

Chief Judicial Magistrate and Chief Judicial Magistrate and

12 Additional Chief Judicial 10 Additional Chief Judicial
Magistrate, etc. Magistrate, etc.

13 Special Judicial Magistrates 11 Special Judicial Magistrates

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Local jurisdiction of Judicial Local jurisdiction of Judicial
14 12
Magistrates Magistrates

Subordination of Judicial Subordination of Judicial

15 13
Magistrates Magistrates

Courts of Metropolitan
16 — Deleted
Magistrates

Chief Metropolitan Magistrate

17 and Additional Chief — Deleted
Metropolitan Magistrate

Special Metropolitan
18 — Deleted
Magistrates

Subordination of Metropolitan
19 — Deleted
Magistrates

20 Executive Magistrates 14 Executive Magistrates

21 Special Executive Magistrates 15 Special Executive Magistrates

Local jurisdiction of Executive Local Jurisdiction of Executive

22 16
Magistrates Magistrates

Subordination of Executive Subordination of Executive

23 17
Magistrates Magistrates

24 Public Prosecutors 18 Public Prosecutors

25 Assistant Public Prosecutors 19 Assistant Public Prosecutors

25A Directorate of Prosecution 20 Directorate of Prosecution

Courts by which offences are Courts by which offences are

26 21
triable triable

Jurisdiction in the case of

27 — Deleted
juveniles
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Sentences which High Courts Sentences which High Courts
28 22
and Sessions Judges may pass and Sessions Judges may pass

Sentences which Magistrates Sentences which Magistrates

29 23
may pass may pass

Sentence of imprisonment in Sentence of imprisonment in

30 24
default of fine default of fine

Sentence in cases of conviction Sentence in cases of conviction

31 25
of several offences at one trial of several offences at one trial

32 Mode of conferring powers 26 Mode of conferring powers

33 Powers of officers appointed 27 Powers of officers appointed

34 Withdrawal of powers 28 Withdrawal of powers

Powers of Judges and Powers of Judges and

35 Magistrates exercisable by their 29 Magistrates exercisable by their
successors-in-office successors-in-office

Powers of superior officers of Powers of superior officers of

36 30
police police

Public when to assist Public when to assist

37 31
Magistrates and police Magistrates and police

Aid to person, other than police Aid to person, other than police
38 32
officer, executing warrant officer, executing warrant

Public to give information of Public to give information of

39 33
certain offences certain offences

Duty of officers employed in Duty of officers employed in

40 connection with the affairs of a 34 connection with the affairs of a
village to make certain report village to make certain report

When police may arrest without When police may arrest without
41 35
warrant warrant

Notice of appearance before

41A — Included in Section 35
police officer

Procedure of arrest and duties Procedure of arrest and duties of

41B 36
of officer making arrest officer making arrest
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41C Control room at districts 37 Designated Police Officer

Right of arrested person to meet Right of arrested person to meet

41D an advocate of his choice during 38 an advocate of his choice during
interrogation interrogation

Arrest on refusal to give name Arrest on refusal to give name

42 39
and residence and residence

Arrest by private person and Arrest by private person and

43 40
procedure on such arrest procedure on such arrest

44 Arrest by Magistrate 41 Arrest by Magistrate

Protection of members of the Protection of members of the

45 42
Armed Forces from arrest Armed Forces from arrest

46 Arrest how made 43 Arrest how made

Search of place entered by Search of place entered by

47 44
person sought to be arrested person sought to be arrested

Pursuit of offenders into other Pursuit of offenders into other

48 45
jurisdictions jurisdictions

49 No unnecessary restraint 46 No unnecessary restraint

Person arrested to be informed Person arrested to be informed

50 of grounds of arrest and of right 47 of grounds of arrest and of right
to bail to bail

Obligation of person making Obligation of person making

50A arrest to inform about the arrest, 48 arrest to inform about the arrest,
etc., to a nominated person etc., to relative or friend

51 Search of arrested person 49 Search of arrested person

Power to seize offensive Power to seize offensive

52 50
weapons weapons
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Examination of accused by Examination of accused by
53 medical practitioner at the 51 medical practitioner at the
request of police officer request of police officer

Examination of person accused Examination of person accused

53A 52
of rape by medical practitioner of rape by medical practitioner

Examination of arrested person Examination of arrested person

54 53
by medical officer by medical officer

54A Identification of person arrested 54 Identification of person arrested

Procedure when police officer Procedure when police officer

55 deputes subordinate to arrest 55 deputes subordinate to arrest
without warrant without warrant

Health and safety of arrested Health and safety of arrested

55A 56
person person

Person arrested to be taken Person arrested to be taken

56 before Magistrate or officer in 57 before Magistrate or officer in
charge of police station charge of police station

Person arrested not to be Person arrested not to be

57 detained more than twenty-four 58 detained more than twenty-four
hours hours

58 Police to report apprehensions 59 Police to report apprehensions

Discharge of person Discharge of person

59 60
apprehended apprehended

Power, on escape, to pursue Power, on escape, to pursue and

60 61
and retake retake

Arrest to be made strictly Arrest to be made strictly

60A 62
according to the Code according to the Sanhita
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61 Form of summons 63 Form of summons

62 Summons how served 64 Summons how served

Service of summons on
Service of summons on
63 65 corporate bodies, firms, and
corporate bodies and societies
societies

Service when persons Service when persons

64 66
summoned cannot be found summoned cannot be found

Procedure when service cannot Procedure when service cannot

65 67
be effected as before provided be effected as before provided

66 Service on Government servant 68 Service on Government servant

Service of summons outside Service of summons outside

67 69
local limits local limits

Proof of service in such cases Proof of service in such cases

68 and when serving officer not 70 and when serving officer not
present present

Service of summons on witness Service of summons on witness

69 71
by post by post

Form of warrant of arrest and Form of warrant of arrest and

70 72
duration duration

Power to direct security to be Power to direct security to be

71 73
taken taken

72 Warrants to whom directed 74 Warrants to whom directed

Warrant may be directed to any Warrant may be directed to any

73 75
person person

Warrant directed to police

74 76 Warrant directed to police officer
officer

Notification of substance of Notification of substance of

75 77
warrant warrant
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Person arrested to be brought Person arrested to be brought
76 78
before Court without delay before Court without delay

Where warrant may be

77 79 Where warrant may be executed
executed

Warrant forwarded for execution Warrant forwarded for execution

78 80
outside jurisdiction outside jurisdiction

Warrant directed to police

Warrant directed to police officer
79 officer for execution outside 81
for execution outside jurisdiction
jurisdiction

Procedure on arrest of person Procedure on arrest of person

80 82
against whom warrant issued against whom warrant issued

Procedure by Magistrate before Procedure by Magistrate before

81 whom such person arrested is 83 whom such person arrested is
brought brought

Proclamation for person Proclamation for person

82 84
absconding absconding

Attachment of property of Attachment of property of person

83 85
person absconding absconding

Claims and objections to Claims and objections to

84 87
attachment attachment

Release, sale and restoration of Release, sale and restoration of

85 88
attached property attached property

Appeal from order rejecting Appeal from order rejecting

86 application for restoration of 89 application for restoration of
attached property attached property

Issue of warrant in lieu of, or in Issue of warrant in lieu of, or in

87 90
addition to, summons addition to, summons

Power to take bond for Power to take bond for

88 91
appearance appearance
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Arrest on breach of bond for Arrest on breach of bond for
89 92
appearance appearance

Provisions of this Chapter Provisions of this Chapter

generally applicable to generally applicable to
90 93
summonses and warrants of summonses and warrants of
arrest arrest

Summons to produce document Summons to produce document

91 94
or other thing or other thing

Procedure as to letters and Procedure as to letters and

92 95
telegrams telegrams

When search warrant may be When search-warrant may be

93 96
issued issued

Search of place suspected to Search of place suspected to

94 contain stolen property, forged 97 contain stolen property, forged
documents, etc. documents, etc.

Power to declare certain Power to declare certain

publications forfeited and to publications forfeited and to
95 98
issue search warrants for the issue search-warrants for the
same same

Application to High Court to set Application to High Court to set

96 99
aside declaration of forfeiture aside declaration of forfeiture

Search for persons wrongfully Search for persons wrongfully

97 100
confined confined

Power to compel restoration of Power to compel restoration of

98 101
abducted females abducted females

Direction, etc., of search Direction, etc., of search-

99 102
warrants warrants

Persons in charge of closed Persons in charge of closed

100 103
place to allow search place to allow search

Disposal of things found in Disposal of things found in

101 104
search beyond jurisdiction search beyond jurisdiction

Recording of search and seizure

---- ---- 105 through audio-video electronic
means
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Power of Police Officer to seize Power of Police Officer to seize
102 106
certain property certain property

Attachment, forfeiture and

---- ---- 107
restoration of property

Magistrate may direct search in Magistrate may direct search in

103 108
his presence his presence

Power to impound document, Power to impound document,

104 109
etc., produced etc., produced

Reciprocal arrangements Reciprocal arrangements

105 110
regarding processes regarding processes

105A Definitions 111 Definitions

Letter of request to competent

----- ----- 112 authority for investigation in a
country or place outside India

Letter of request from a country

or place outside India to a Court
----- ----- 113
or an authority for investigation
in India.

Assistance in securing transfer Assistance in securing transfer

105B 114
of persons of persons

Assistance in relation to orders Assistance in relation to orders

105C of attachment or forfeiture of 115 of attachment or forfeiture of
property property

Identifying unlawfully acquired Identifying unlawfully acquired

105D 116
property property.

Seizure or attachment of Seizure or attachment of

105E 117
property property

Management of properties Management of properties

105F seized or forfeited under this 118 seized or forfeited under this
Chapter Chapter

105G Notice of forfeiture of property 119 Notice of forfeiture of property

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Forfeiture of property in certain Forfeiture of property in certain
105H 120
cases cases

105-I Fine in lieu of forfeiture 121 Fine in lieu of forfeiture

Certain transfers to be null and Certain transfers to be null and

105J 122
void void

Procedure in respect of letter of Procedure in respect of letter of

105K 123
request request

105L Application of this Chapter 124 Application of this Chapter

Security for keeping the peace Security for keeping the peace
106 125
on conviction on conviction

Security for keeping the peace Security for keeping the peace
107 126
in other cases in other cases

Security for good behaviour Security for good behaviour

108 from persons disseminating 127 from persons disseminating
seditious matters seditious matters

Security for good behaviour Security for good behaviour

109 128
from suspected persons from suspected persons

Security for good behaviour Security for good behaviour

110 129
from habitual offenders from habitual offenders

111 Order to be made 130 Order to be made

Procedure in respect of person Procedure in respect of person

112 131
present in Court present in Court

Summons or warrant in case of Summons or warrant in case of

113 132
person not so present person not so present
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Copy of order to accompany Copy of order to accompany
114 133
summons or warrant summons or warrant

Power to dispense with Power to dispense with

115 134
personal attendance personal attendance

116 Inquiry as to truth of information 135 Inquiry as to truth of information

117 Order to give security 136 Order to give security

Discharge of person informed Discharge of person informed

118 137
against against

Commencement of period for Commencement of period for

119 138
which security is required which security is required

120 Contents of bond 139 Contents of bond

121 Power to reject sureties 140 Power to reject sureties

Imprisonment in default of Imprisonment in default of

122 141
security security

Power to release persons Power to release persons

123 imprisoned for failing to give 142 imprisoned for failing to give
security security

Security for unexpired period of Security for unexpired period of

124 143
bond bond

Order for maintenance of wives, Order for maintenance of wives,

125 144
children and parents children and parents

126 Procedure 145 Procedure

127 Alteration in allowance 146 Alteration in allowance

Enforcement of order of Enforcement of order of

128 147
maintenance maintenance

Dispersal of assembly by use of Dispersal of assembly by use of

129 148
civil force civil force
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Use of armed forces to disperse Use of armed forces to disperse
130 149
assembly assembly

Power of certain armed force Power of certain armed force

131 150
officers to disperse assembly officers to disperse assembly

Protection against prosecution Protection against prosecution

132 for acts done under preceding 151 for acts done under sections
sections 148, 149 and 150

Conditional order for removal of Conditional order for removal of

133 152
nuisance nuisance

134 Service or notification of order 153 Service or notification of order

Person to whom order is Person to whom order is

135 addressed to obey or show 154 addressed to obey or show
cause cause

Consequences of his failing to Consequences of his failing to

136 155
do so do so

Procedure where existence of Procedure where existence of

137 156
public right is denied public right is denied

Procedure where he appears to Procedure where he appears to

138 157
show cause show cause

Power of Magistrate to direct Power of Magistrate to direct

139 local investigation and 158 local investigation and
examination of an expert examination of an expert

Power of Magistrate to furnish Power of Magistrate to furnish

140 159
written instructions, etc. written instructions, etc.

Procedure on order being made Procedure on order being made

141 absolute and consequences of 160 absolute and consequences of
disobedience disobedience

142 Injunction pending inquiry 161 Injunction pending inquiry

Magistrate may prohibit Magistrate may prohibit

143 repetition or continuance of 162 repetition or continuance of
public nuisance public nuisance
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Power to issue order in urgent Power to issue order in urgent
144 cases of nuisance or 163 cases of nuisance or
apprehended danger apprehended danger

Power to prohibit carrying arms

144A in procession or mass drill or — Deleted
mass training with arms

Procedure where dispute Procedure where dispute

145 concerning land or water is 164 concerning land or water is
likely to cause breach of peace likely to cause breach of peace

Power to attach subject of Power to attach subject of

146 165
dispute and to appoint receiver dispute and to appoint receiver

Dispute concerning right of use Dispute concerning right of use

147 166
of land or water of land or water

148 Local inquiry 167 Local inquiry

Police to prevent cognizable Police to prevent cognizable

149 168
offences offences

Information of design to commit Information of design to commit

150 169
cognizable offences cognizable offences

Arrest to prevent the Arrest to prevent the

151 commission of cognizable 170 commission of cognizable
offences offences

Prevention of injury to public Prevention of injury to public

152 171
property property

Persons bound to confirm to

---- ---- 172
lawful directions of Police

Inspection of weights and

153 — Deleted
measures

154 Information in cognizable cases 173 Information in cognizable cases

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Information as to non- Information as to non-
155 cognizable cases and 174 cognizable cases and
investigation of such cases investigation of such cases

Police officer’s power to Police officer’s power to

156 175
investigate cognizable cases investigate cognizable case

157 Procedure for investigation 176 Procedure for investigation

158 Report how submitted 177 Report how submitted

Power to hold investigation or Power to hold investigation or

159 178
preliminary inquiry preliminary inquiry

Police officer’s power to require Police officer’s power to require

160 179
attendance of witnesses attendance of witnesses

Examination of witnesses by Examination of witnesses by

161 180
police police

Statements to police not to be Statements to police not to be

162 signed – Use of statements in 181 signed: Use of statements in
evidence evidence

163 No inducement to be offered 182 No inducement to be offered

Recording of confessions and Recording of confessions and

164 183
statements statements

Medical examination of the Medical examination of the

164A 184
victim of rape victim of rape

165 Search by police officer 185 Search by police officer

When officer in charge of police When officer in charge of police

166 station may require another to 186 station may require another to
issue search warrant issue search-warrant

Letter of request to competent

166A authority for investigation in a — Deleted
country or place outside India

Letter of request from a country

or place outside India to a Court
166B — Deleted
or an authority for investigation
in India
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Procedure when investigation Procedure when investigation
167 cannot be completed in twenty- 187 cannot be completed in twenty-
four hours four hours

Report of investigation by Report of investigation by

168 188
subordinate police officer subordinate police officer

Release of accused when Release of accused when

169 189
evidence deficient evidence deficient

Cases to be sent to Magistrate Cases to be sent to Magistrate,

170 190
when evidence is sufficient when evidence is sufficient

Complainant and witnesses not Complainant and witnesses not

to be required to accompany to be required to accompany
171 191
police officer and not to be police officer and not to be
subjected to restraint subjected to restraint

Diary of proceedings in Diary of proceedings in

172 192
investigation investigation

Report of police officer on Report of police officer on

173 193
completion of investigation completion of investigation

Police to enquire and report on Police to enquire and report on

174 194
suicide, etc. suicide, etc.

175 Power to summon persons 195 Power to summon persons

Inquiry by Magistrate into cause Inquiry by Magistrate into cause

176 196
of death of death

Ordinary place of inquiry and Ordinary place of inquiry and

177 197
trial trial

178 Place of inquiry or trial 198 Place of inquiry or trial

Offence triable where act is Offence triable where act is

179 199
done or consequence ensues done or consequence ensues

Place of trial where act is an Place of trial where act is an

180 offence by reason of relation to 200 offence by reason of relation to
other offence other offence

Place of trial in case of certain Place of trial in case of certain

181 201
offences offences
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Offences committed by means
Offences committed by letters,
182 202 of electronic communications,
etc.
letters, etc.

Offence committed on journey Offence committed on journey

183 203
or voyage or voyage

Place of trial for offences triable Place of trial for offences triable
184 204
together together

Power to order cases to be tried Power to order cases to be tried

185 205
in different sessions divisions in different sessions divisions

High Court to decide, in case of High Court to decide, in case of

186 doubt, district where inquiry or 206 doubt, district where inquiry or
trial shall take place trial shall take place

Power to issue summons or Power to issue summons or

187 warrant for offence committed 207 warrant for offence committed
beyond local jurisdiction beyond local jurisdiction

Offence committed outside Offence committed outside

188 208
India India

Receipt of evidence relating to Receipt of evidence relating to

189 offences committed outside 209 offences committed outside
India India

Cognizance of offences by Cognizance of offences by

190 210
Magistrates Magistrates

Transfer on application of the Transfer on application of the

191 211
accused accused

Making over of cases to Making over of cases to

192 212
Magistrates Magistrates

Cognizance of offences by Cognizance of offences by

193 213
Courts of Session Courts of Session

Additional and Assistant

Additional Sessions Judges to
194 Sessions Judges to try cases 214
try cases made over to them
made over to them
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Prosecution for contempt of Prosecution for contempt of
lawful authority of public lawful authority of public
servants, for offences against servants, for offences against
195 215
public justice and for offences public justice and for offences
relating to documents given in relating to documents given in
evidence evidence

Procedure for witnesses in case Procedure for witnesses in case

195A 216
of threatening, etc. of threatening, etc.

Prosecution for offences Prosecution for offences

against the State and for against the State and for
196 217
criminal conspiracy to commit criminal conspiracy to commit
such offence such offence

Prosecution of Judges and Prosecution of Judges and

197 218
public servants public servants

Prosecution for offences Prosecution for offences

198 219
against marriage against marriage

Prosecution of offences under Prosecution of offences under

198A section 498A of the Indian 220 section 498A of the Bharatiya
Penal Code Nyaya Sanhita, 2023

198B Cognizance of offence 221 Cognizance of offence

199 Prosecution for defamation 222 Prosecution for defamation

200 Examination of complainant 223 Examination of complainant

Procedure by Magistrate not Procedure by Magistrate not

201 competent to take cognizance 224 competent to take cognizance
of the case of the case

Postponement of issue of Postponement of issue of

202 225
process process
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203 Dismissal of complaint 226 Dismissal of complaint

204 Issue of process 227 Issue of process

Magistrate may dispense with Magistrate may dispense with

205 228
personal attendance of accused personal attendance of accused

Special summons in cases of Special summons in cases of

206 229
petty offence petty offence

Supply to the accused of copy Supply to the accused of copy

207 of police report and other 230 of police report and other
documents documents

Supply of copies of statements Supply of copies of statements

and documents to accused in and documents to accused in
208 231
other cases triable by court of other cases triable by Court of
session Session

Commitment of case to Court of Commitment of case to Court of

209 Session when offence is triable 232 Session when offence is triable
exclusively by it exclusively by it

Procedure to be followed when Procedure to be followed when

there is a complaint case and there is a complaint case and
210 233
police investigation in respect of police investigation in respect of
the same offence the same offence

211 Contents of charge 234 Contents of charge

Particulars as to time, place and Particulars as to time, place

212 235
person and person

When manner of committing When manner of committing

213 236
offence must be stated offence must be stated

Words in charge taken in sense Words in charge taken in sense

214 of law under which offence is 237 of law under which offence is
punishable punishable
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215 Effect of errors 238 Effect of errors

216 Court may alter charge 239 Court may alter charge

Recall of witnesses when Recall of witnesses when

217 240
charge altered charge altered

Separate charges for distinct Separate charges for distinct

218 241
offences offences

Three offences of same kind

Offences of same kind within
219 within year may be charged 242
year may be charged together
together

220 Trial for more than one offence 243 Trial for more than one offence

Where it is doubtful what Where it is doubtful what

221 244
offence has been committed offence has been committed

When offence proved included When offence proved included

222 245
in offence charged in offence charged

What persons may be charged What persons may be charged

223 246
jointly jointly

Withdrawal of remaining Withdrawal of remaining

224 charges on conviction on one of 247 charges on conviction on one of
several charges several charges

Trial to be conducted by Public Trial to be conducted by Public

225 248
Prosecutor Prosecutor

226 Opening case for prosecution 249 Opening case for prosecution

227 Discharge 250 Discharge

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228 Framing of charge 251 Framing of charge

229 Conviction on plea of guilty 252 Conviction on plea of guilty

230 Date for prosecution evidence 253 Date for prosecution evidence

231 Evidence for prosecution 254 Evidence for prosecution

232 Acquittal 255 Acquittal

233 Entering upon defence 256 Entering upon defence

234 Arguments 257 Arguments

Judgment of acquittal or Judgment of acquittal or

235 258
conviction conviction

236 Previous conviction 259 Previous conviction

Procedure in cases instituted Procedure in cases instituted

237 260
under section 199(2) under section 223(1)

238 Compliance with section 207 261 Compliance with section 231

When accused shall be When accused shall be

239 262
discharged discharged

240 Framing of charge 263 Framing of charge

241 Conviction on plea of guilty 264 Conviction on plea of guilty

242 Evidence for prosecution 265 Evidence for prosecution

243 Evidence for defence 266 Evidence for defence

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244 Evidence for prosecution 267 Evidence for prosecution

When accused shall be When accused shall be

245 268
discharged discharged

Procedure where accused is Procedure where accused is

246 269
not discharged not discharged

247 Evidence for defence 270 Evidence for defence

248 Acquittal or conviction 271 Acquittal or conviction

249 Absence of complainant 272 Absence of complainant

Compensation for accusation Compensation for accusation

250 273
without reasonable cause without reasonable cause

Substance of accusation to be Substance of accusation to be

251 274
stated stated

252 Conviction on plea of guilty 275 Conviction on plea of guilty

Conviction on plea of guilty in Conviction on plea of guilty in

253 absence of accused in petty 276 absence of accused in petty
cases cases

254 Procedure when not convicted 277 Procedure when not convicted

255 Acquittal or conviction 278 Acquittal or conviction

Non-appearance or death of Non-appearance or death of

256 279
complainant complainant

257 Withdrawal of complaint 280 Withdrawal of complaint

Power to stop proceedings in Power to stop proceedings in

258 281
certain cases certain cases

Power of Court to convert Power of Court to convert

259 summons-cases into warrant- 282 summons-cases into warrant-
cases cases

260 Power to try summarily 283 Power to try summarily

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Summary trial by Magistrate of Summary trial by Magistrate of
261 284
the second class the second class

262 Procedure for summary trials 285 Procedure for summary trials

263 Record in summary trials 286 Record in summary trials

Judgment in cases tried Judgment in cases tried

264 287
summarily summarily

Language of record and Language of record and

265 288
judgment judgment
265A Application of the Chapter 289 Application of the Chapter

265B Application for plea bargaining 290 Application for plea bargaining

Guidelines for mutually Guidelines for mutually

265C 291
satisfactory disposition satisfactory disposition

Report of the mutually Report of the mutually

265D satisfactory disposition to be 292 satisfactory disposition to be
submitted before the Court submitted before the Court

265E Disposal of the case 293 Disposal of the case

265F Judgment of the Court 294 Judgment of the Court

265G Finality of the judgment 295 Finality of the judgment

Power of the Court in plea Power of the Court in plea

265H 296
bargaining bargaining

Period of detention undergone Period of detention undergone

by the accused to be set off by the accused to be set off
265-I 297
against the sentence of against the sentence of
imprisonment imprisonment

265J Savings 298 Savings

Statements of accused not to Statements of accused not to

265K 299
be used be used

265L Non-application of the Chapter 300 Non-application of the Chapter

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266 Definitions 301 Definition

Power to require attendance of Power to require attendance of

267 302
prisoners prisoners

Power of State Government or

Power of State Government to
Central Government to exclude
268 exclude certain persons from 303
certain persons from operation
operation of section 267
of section 302

Officer-in-charge of prison to Officer in charge of prison to

269 abstain from carrying out order 304 abstain from carrying out order
in certain contingencies in certain contingencies

Prisoner to be brought to Court Prisoner to be brought to Court

270 305
in custody in custody

Power to issue commission for Power to issue commission for

271 306
examination of witness in prison examination of witness in prison

272 Language of Courts 307 Language of Courts

Evidence to be taken in Evidence to be taken in

273 308
presence of accused presence of accused

Record in summons-cases and Record in summons-cases and

274 309
inquiries inquiries

275 Record in warrant-cases 310 Record in warrant-cases

Record in trial before Court of Record in trial before Court of

276 311
Session Session

277 Language of record of evidence 312 Language of record of evidence

Procedure in regard to such Procedure in regard to such

278 313
evidence when completed evidence when completed
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Interpretation of evidence to Interpretation of evidence to
279 314
accused or his pleader accused or his pleader

Remarks respecting demeanour Remarks respecting

280 315
of witness demeanour of witness

Record of examination of Record of examination of

281 316
accused accused

Interpreter to be bound to Interpreter to be bound to

282 317
interpret truthfully interpret truthfully

283 Record in High Court 318 Record in High Court

When attendance of witness When attendance of witness

284 may be dispensed with and 319 may be dispensed with and
commission issued commission issued

Commission to whom to be Commission to whom to be

285 320
issued issued

286 Execution of commissions 321 Execution of commissions

287 Parties may examine witnesses 322 Parties may examine witnesses

288 Return of commission 323 Return of commission

289 Adjournment of proceeding 324 Adjournment of proceeding

Execution of foreign Execution of foreign

290 325
commissions commissions

291 Deposition of medical witness 326 Deposition of medical witness

291 Identification report of Identification report of

327
A Magistrate Magistrate
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292 Evidence of officers of the Mint 328 Evidence of officers of the Mint

Reports of certain Government Reports of certain Government

293 329
scientific experts scientific experts

No formal proof of certain No formal proof of certain

294 330
documents documents

Affidavit in proof of conduct of Affidavit in proof of conduct of

295 331
public servants public servants

Evidence of formal character on Evidence of formal character on

296 332
affidavit affidavit

Authorities before whom Authorities before whom

297 333
affidavits may be sworn affidavits may be sworn

Previous conviction or acquittal Previous conviction or acquittal

298 334
how proved how proved

Record of evidence in absence Record of evidence in absence

299 335
of accused of accused

Evidence of public servants,

----- ----- 336 experts, police officers in
certain cases

Person once convicted or Person once convicted or

300 acquitted not to be tried for 337 acquitted not to be tried for
same offence same offence

Appearance by Public Appearance by Public

301 338
Prosecutors Prosecutors

Permission to conduct Permission to conduct

302 339
prosecution prosecution
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Right of person against whom Right of person against whom
303 proceedings are instituted to be 340 proceedings are instituted to be
defended defended

Legal aid to accused at State Legal aid to accused at State

304 341
expense in certain cases expense in certain cases

Procedure when corporation or

Procedure when corporation or
305 342 registered society is an
registered society is an accused
accused

306 Tender of pardon to accomplice 343 Tender of pardon to accomplice

Power to direct tender of Power to direct tender of

307 344
pardon pardon

Trial of person not complying Trial of person not complying

308 345
with conditions of pardon with conditions of pardon

Power to postpone or adjourn Power to postpone or adjourn

309 346
proceedings proceedings

310 Local inspection 347 Local inspection

Power to summon material Power to summon material

311 witness, or examine person 348 witness, or examine person
present present

Power of Magistrate to order Power of Magistrate to order

311
person to give specimen 349 person to give specimen
A
signatures or handwriting signatures or handwriting

Expenses of complainants and Expenses of complainants and

312 350
witnesses witnesses

313 Power to examine the accused 351 Power to examine the accused

Oral arguments and Oral arguments and

314 352
memorandum of arguments memorandum of arguments

Accused person to be Accused person to be

315 353
competent witness competent witness
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No influence to be used to No influence to be used to
316 354
induce disclosure induce disclosure

Provision for inquiries and trial Provision for inquiries and trial
317 being held in the absence of 355 being held in the absence of
accused in certain cases accused in certain cases

Inquiry, trial or judgment in

----- ----- 356
absentia of proclaimed offender

Procedure where accused does Procedure where accused does

318 357
not understand proceedings not understand proceedings

Power to proceed against other Power to proceed against other

319 persons appearing to be guilty 358 persons appearing to be guilty
of offence of offence

320 Compounding of offences 359 Compounding of offences

321 Withdrawal from prosecution 360 Withdrawal from prosecution

Procedure in cases which Procedure in cases which

322 361
Magistrate cannot dispose of Magistrate cannot dispose of

Procedure when, after Procedure when, after

commencement of inquiry or commencement of inquiry or
323 362
trial, Magistrate finds case trial, Magistrate finds case
should be committed should be committed

Trial of persons previously Trial of persons previously

324 convicted of offences against 363 convicted of offences against
coinage, stamp-law or property coinage, stamp-law or property

Procedure when Magistrate Procedure when Magistrate

325 cannot pass sentence 364 cannot pass sentence
sufficiently severe sufficiently severe

Conviction or commitment on Conviction or commitment on

evidence partly recorded by one evidence partly recorded by
326 365
Magistrate and partly by one Magistrate and partly by
another another
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327 Court to be open 366 Court to be open

Procedure in case of accused Procedure in case of accused

328 367
being lunatic being person with mental illness

Procedure in case of person of Procedure in case of person

329 unsound mind tried before 368 with mental illness tried before
Court Court

Release of person of unsound Release of person with mental

330 mind pending investigation or 369 illness pending investigation or
trial trial

331 Resumption of inquiry or trial 370 Resumption of inquiry or trial

Procedure on accused Procedure on accused

332 appearing before Magistrate or 371 appearing before Magistrate or
Court Court

When accused appears to have When accused appears to have

333 372
been of sound mind been of sound mind

Judgment of acquittal on Judgment of acquittal on

334 373
ground of unsoundness of mind ground of mental illness

Person acquitted on such Person acquitted on such

335 ground to be detained in safe 374 ground to be detained in safe
custody custody

Power of State Government to Power of State Government to

336 empower officer-in-charge to 375 empower officer-in-charge to
discharge discharge

Procedure where lunatic Procedure where prisoner with

337 prisoner is reported capable of 376 mental illness is reported
making his defence capable of making his defence

Procedure where lunatic Procedure where person with

338 detained is declared fit to be 377 mental illness detained is
released declared fit to be released

Delivery of person with mental

Delivery of lunatic to care of
339 378 liabilities to care of relative or
relative or friend
friend
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Procedure in cases mentioned Procedure in cases mentioned
340 379
in section 195 in section 215

341 Appeal 380 Appeal

342 Power to order costs 381 Power to order costs

Procedure of Magistrate taking Procedure of Magistrate taking

343 382
cognizance cognizance

Summary procedure for trial for Summary procedure for trial for
344 383
giving false evidence giving false evidence

Procedure in certain cases of Procedure in certain cases of

345 384
contempt contempt

Procedure where Court Procedure where Court

346 considers that case should not 385 considers that case should not
be dealt with under section 345 be dealt with under section 384

When Registrar or Sub- When Registrar or Sub-

347 Registrar to be deemed a Civil 386 Registrar to be deemed a Civil
Court Court

Discharge of offender on Discharge of offender on

348 387
submission of apology submission of apology

Imprisonment or committal of Imprisonment or committal of

349 person refusing to answer or 388 person refusing to answer or
produce document produce document

Summary procedure for Summary procedure for

punishment for non-attendance punishment for non-attendance
350 389
by a witness in obedience to by a witness in obedience to
summons summons

Appeals from convictions under Appeals from convictions under

351 390
sections 344, 345, 349 and 350 sections 383, 384, 388 and 389

Certain Judges and Magistrates Certain Judges and Magistrates

352 not to try certain offences when 391 not to try certain offences when
committed before themselves committed before themselves
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353 Judgment 392 Judgment

Language and contents of Language and contents of

354 393
judgment judgment

Metropolitan Magistrate’s
355 — Deleted
judgment

Order for notifying address of Order for notifying address of

356 394
previously convicted offender previously convicted offender

357 Order to pay compensation 395 Order to pay compensation

357A Victim compensation scheme 396 Victim compensation scheme

Compensation to be in addition
to fine under section 326A or
357B — Deleted
section 376D of Indian Penal
Code
357C Treatment of victims 397 Treatment of victims

----- ----- 398 Witness Protection Scheme

Compensation to persons Compensation to persons

358 399
groundlessly arrested groundlessly arrested

Order to pay costs in non- Order to pay costs in non-

359 400
cognizable cases cognizable cases

Order to release on probation of Order to release on probation of

360 good conduct or after 401 good conduct or after
admonition admonition

Special reasons to be recorded Special reasons to be recorded

361 402
in certain cases in certain cases

362 Court not to alter judgment 403 Court not to alter judgment
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Copy of judgment to be given to Copy of judgment to be given to
363 404
the accused and other persons the accused and other persons

Judgment when to be
364 Judgment when to be translated 405
translated

Court of Session to send copy Court of Session to send copy

365 of finding and sentence to 406 of finding and sentence to
District Magistrate District Magistrate

Sentence of death to be Sentence of death to be

366 submitted by Court of Session 407 submitted by Court of Session
for confirmation for confirmation

Power to direct further inquiry to Power to direct further inquiry to

367 be made or additional evidence 408 be made or additional evidence
to be taken to be taken

Power of High Court to confirm Power of High Court to confirm

368 409
sentence or annul conviction sentence or annul conviction

Confirmation or new sentence Confirmation or new sentence

369 410
to be signed by two Judges to be signed by two Judges

Procedure in case of difference Procedure in case of difference

370 411
of opinion of opinion

Procedure in cases submitted Procedure in cases submitted

371 412
to High Court for confirmation to High Court for confirmation

No appeal to lie unless No appeal to lie unless

372 413
otherwise provided otherwise provided

Appeal from orders requiring Appeal from orders requiring

security or refusal to accept or security or refusal to accept or
373 414
rejecting surety for keeping rejecting surety for keeping
peace or good behaviour peace or good behaviour
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374 Appeals from convictions 415 Appeals from convictions

No appeal in certain cases No appeal in certain cases

375 416
when accused pleads guilty when accused pleads guilty

376 No appeal in petty cases 417 No appeal in petty cases

Appeal by the State Appeal by the State

377 418
Government against sentence Government against sentence

378 Appeal in case of acquittal 419 Appeal in case of acquittal

Appeal against conviction by Appeal against conviction by

379 420
High Court in certain cases High Court in certain cases

Special right of appeal in certain Special right of appeal in

380 421
cases certain cases

Appeal to Court of Session how Appeal to Court of Session how

381 422
heard heard

382 Petition of appeal 423 Petition of appeal

383 Procedure when appellant in jail 424 Procedure when appellant in jail

384 Summary dismissal of appeal 425 Summary dismissal of appeal

Procedure for hearing appeals Procedure for hearing appeals

385 426
not dismissed summarily not dismissed summarily

386 Powers of the Appellate Court 427 Powers of the Appellate Court

Judgments of subordinate Judgments of Subordinate

387 428
Appellate Court Appellate Court

Order of High Court on appeal Order of High Court on appeal

388 429
to be certified to lower Court to be certified to lower Court

Suspension of sentence Suspension of sentence

389 pending the appeal; release of 430 pending the appeal; release of
appellant on bail appellant on bail
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Arrest of accused in appeal Arrest of accused in appeal
390 431
from acquittal from acquittal

Appellate Court may take Appellate Court may take

391 further evidence or direct it to 432 further evidence or direct it to
be taken be taken

Procedure where Judges of Procedure where Judges of

392 Court of Appeal are equally 433 Court of Appeal are equally
divided divided

Finality of judgments and orders Finality of judgments and

393 434
on appeal orders on appeal

394 Abatement of appeals 435 Abatement of appeals

395 Reference to High Court 436 Reference to High Court

Disposal of case according to Disposal of case according to

396 437
decision of High Court decision of High Court

Calling for records to exercise Calling for records to exercise

397 438
powers of revision powers of revision

398 Power to order inquiry 439 Power to order inquiry

Sessions Judge’s powers of Sessions Judge’s powers of

399 440
revision revision

Power of Additional Sessions Power of Additional Sessions

400 441
Judge Judge

401 High Court’s powers of revision 442 High Court’s powers of revision

Power of High Court to Power of High Court to

402 withdraw or transfer revision 443 withdraw or transfer revision
cases cases

403 Option of Court to hear parties 444 Option of Court to hear parties

Statement by Metropolitan
Magistrate of grounds of his
404 ----- Deleted
decision to be considered by
High Court
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High Court’s order to be High Court’s order to be
405 445
certified to lower Court certified to lower Court.

Power of Supreme Court to Power of Supreme Court to

406 446
transfer cases and appeals transfer cases and appeals

Power of High Court to transfer Power of High Court to transfer

407 447
cases and appeals cases and appeals

Power of Sessions Judge to Power of Sessions Judge to

408 448
transfer cases and appeals transfer cases and appeals

Withdrawal of cases and Withdrawal of cases and

409 449
appeals by Sessions Judges appeals by Session Judge

Withdrawal of cases by Judicial Withdrawal of cases by Judicial

410 450
Magistrates Magistrate

Making over or withdrawal of Making over or withdrawal of

411 451
cases by Executive Magistrates cases by Executive Magistrates

412 Reasons to be recorded 452 Reasons to be recorded

Execution of order passed Execution of order passed

413 453
under section 368 under section 409

Execution of sentence of death Execution of sentence of death

414 454
passed by High Court passed by High Court

Postponement of execution of Postponement of execution of

415 sentence of death in case of 455 sentence of death in case of
appeal to Supreme Court appeal to Supreme Court

Postponement of capital Commutation of sentence of

416 456
sentence on pregnant woman death on pregnant woman

Power to appoint place of Power to appoint place of

417 457
imprisonment imprisonment

Execution of sentence of Execution of sentence of

418 458
imprisonment imprisonment

Direction of warrant for Direction of warrant for

419 459
execution execution
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Warrant with whom to be Warrant with whom to be
420 460
lodged lodged

421 Warrant for levy of fine 461 Warrant for levy of fine

422 Effect of such warrant 462 Effect of such warrant

Warrant for levy of fine issued Warrant for levy of fine issued
by a Court in any territory to by a Court in any territory to
423 463
which this Code does not which this Sanhita does not
extend extend

Suspension of execution of Suspension of execution of

424 464
sentence of imprisonment sentence of imprisonment

425 Who may issue warrant 465 Who may issue warrant

Sentence on escaped convict Sentence on escaped convict

426 466
when to take effect when to take effect

Sentence on offender already Sentence on offender already

427 467
sentenced for another offence sentenced for another offence

Period of detention undergone Period of detention undergone

by the accused to be set off by the accused to be set off
428 468
against the sentence of against the sentence of
imprisonment imprisonment

429 Saving 469 Saving

Return of warrant on execution Return of warrant on execution

430 470
of sentence of sentence

Money ordered to be paid Money ordered to be paid

431 471
recoverable as a fine recoverable as a fine

Mercy Petition in death

---- ----- 472
sentence cases
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Power to suspend or remit Power to suspend or remit
432 473
sentences sentences

433 Power to commute sentence 474 Power to commute sentence

Restriction on powers of
Restriction on powers of remission
433A remission or commutation in 475
or commutation in certain cases
certain cases

Concurrent power of Central Concurrent power of Central

434 Government in case of death 476 Government in case of death
sentences sentences

State Government to act after State Government to act after

435 consultation with Central 477 concurrence with Central
Government in certain cases Government in certain cases
436 In what cases bail to be taken 478 In what cases bail to be taken
Maximum period for which an Maximum period for which an
436A under-trial prisoner can be 479 under-trial prisoner can be
detained detained
When bail may be taken in case When bail may be taken in case of
437 480
of non-bailable offence non-bailable offence
Bail to require accused to
Bail to require accused to appear
437A appear before next Appellate 481
before next appellate Court
Court

Direction for grant of bail to Direction for grant of bail to person

438 482
person apprehending arrest apprehending arrest

Special powers of High Court or Special powers of High Court or

439 483
Court of Session regarding bail Court of Session regarding bail

Amount of bond and reduction Amount of bond and reduction

440 484
thereof thereof

441 Bond of accused and sureties 485 Bond of accused and sureties
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441A Declaration by sureties 486 Declaration by sureties

442 Discharge from custody 487 Discharge from custody

Power to order sufficient bail

Power to order sufficient bail when
443 when that first taken is 488
that first taken is insufficient
insufficient

444 Discharge of sureties 489 Discharge of sureties

445 Deposit instead of recognizance 490 Deposit instead of recognizance

Procedure when bond has been Procedure when bond has been
446 491
forfeited forfeited
Cancellation of bond and bail-
446A 492 Cancellation of bond and bail bond
bond
Procedure in case of insolvency Procedure in case of insolvency of
447 or death of surety or when a 493 death of surety or when a bond is
bond is forfeited forfeited
448 Bond required from minor 494 Bond required from minor
Appeal from orders under Appeal from orders under section
449 495
section 446 491

Power to direct levy of amount Power to direct levy of amount due

450 496
due on certain recognizances on certain recognizances
Order for custody and disposal Order for custody and disposal of
451 of property pending trial in 497 property pending trial in certain
certain cases cases
Order for disposal of property at Order for disposal of property at
452 498
conclusion of trial conclusion of trial
Payment to innocent purchaser Payment to innocent purchaser of
453 499
of money found on accused money found on accused

Appeal against orders under Appeal against orders under

454 500
section 452 or section 453 section 500 or section 501

455 Destruction of libellous and 501 Destruction of libellous and other

 https://t.me/apurvasharmaofficial
other matter matter

Power to restore possession of Power to restore possession of

456 502
immovable property immovable property

Procedure by police upon Procedure by police upon seizure

457 503
seizure of property of property

Procedure where no claimant Procedure where no claimant

458 504
appears within six months appears within six months

Power to sell perishable

459 505 Power to sell perishable property
property

Irregularities which do not vitiate Irregularities which do not vitiate

460 506
proceedings proceedings

Irregularities which vitiate Irregularities which vitiate

461 507
proceedings proceedings

462 Proceedings in wrong place 508 Proceedings in wrong place

Non-compliance with provisions Non-compliance with provisions of

463 509
of section 164 or section 281 section 183 or section 316

Effect of omission to frame, or Effect of omission to frame, or

464 510
absence of, or error in, charge absence of, or error in, charge

Finding or sentence when Finding or sentence when

465 reversible by reason of error, 511 reversible by reason of error,
omission or irregularity omission or irregularity

Defect or error not to make Defect or error not to make

466 512
attachment unlawful attachment unlawful

467 Definitions 513 Definitions

468 Bar to taking cognizance after 514 Bar to taking cognizance after
 https://t.me/apurvasharmaofficial
lapse of the period of limitation lapse of the period of limitation

Commencement of the period of Commencement of the period of

469 515
limitation limitation

Exclusion of time in certain

470 516 Exclusion of time in certain cases
cases

Exclusion of date on which Exclusion of date on which Court

471 517
Court is closed is closed

472 Continuing offence 518 Continuing offence

Extension of period of limitation Extension of period of limitation in

473 519
in certain cases certain cases

474 Trials before High Courts 520 Trials before High Courts

Delivery to commanding officers Delivery to commanding officers of

475 of persons liable to be tried by 521 persons liable to be tried by Court-
Court- martial martial

476 Forms 522 Forms

Power of High Court to make

477 523 Power of High Court to make rules
rules

Power to alter functions allotted Power to alter functions allocated

478 to Executive Magistrates in 524 to Executive Magistrate in certain
certain cases cases

Cases in which Judge or

Case in which Judge or Magistrate
479 Magistrate is personally 525
is personally interested
interested
Practising pleader not to sit as Practicing advocate not to sit as
480 526
Magistrate in certain Courts Magistrate in certain Courts
Public servant concerned in sale
Public servant concerned in sale
481 not to purchase or bid for 527
not to purchase or bid for property
property
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Saving of inherent powers of Saving of inherent powers of High
482 528
High Court Court
Duty of High Court to exercise
Duty of High Court to exercise
continuous superintendence
483 529 continuous superintendence over
over Courts of Judicial
Courts
Magistrates
Trial and proceedings to be held in
484 Repeal and savings 530
electronic mode.

---- ----- 531 Repeal and Savings