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Code of Criminal Procedure Act, 1973

NO.2 OF 1974

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

3

Construction of references

4

Trial of offences under the Indian Penal Code and other laws

5

Saving

Chapter II

Constitution Of Criminal Courts And Offices

6

Classes of Criminal Courts

7

Territorial divisions

8

Metropolitan areas

9

Court of Session

10

Subordination of Assistant Sessions Judges

11

Courts of Judicial Magistrates

12

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

13

Special Judicial Magistrates

14

Local jurisdiction of Judicial Magistrates

15

Subordination of Judicial Magistrates

16

Courts of Metropolitan Magistrates

17

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates

18

Special Metropolitan Magistrates

19

Subordination of Metropolitan Magistrates

20

Executive Magistrates

21

Special Executive Magistrates

22

Local jurisdiction of Executive Magistrates

23

Subordination of Executive Magistrates

24

Public Prosecutors

25

Assistant Public Prosecutors

Chapter III

Power Of Courts

26

Courts by which offences are triable

27

Jurisdiction in the case of juveniles

28

Sentences which High Courts and Sessions Judges may pass

29

Sentences which Magistrates may pass

30

Sentence of imprisonment in default of fine

31

Sentence in cases of conviction of several offences at one trial

32

Mode of conferring powers

33

Powers of officers appointed

34

Withdrawal of powers

35

Powers of Judges and Magistrates exercisable by their successors-in-office

Chapter IV

Powers Of Superior Officers Of Police

36

Powers of superior officers of police

37

Public when to assist Magistrates and police

38

Aid to person, other than police officer, executing warrant

39

Public to give information of certain offences

40

Duty of officers employed in connection with the affairs of a village to make certain report

Chapter V

Arrest Of Persons

41

When police may arrest without warrant

42

Arrest on refusal to give name and residence

43

Arrest by Private person and procedure on such arrest

44

Arrest by Magistrate

45

Protection of members of the Armed Forces from arrest

46

Arrest how made

47

Search of place entered by person sought to be arrested

48

Pursuit of offenders into other jurisdictions

49

No unnecessary restraint

50

Person arrested to be informed of grounds of arrest and of right to bail

51

Search of arrested person

52

Power to seize offensive weapons

53

Examination of accused by medical practitioner at the request of police officer

54

Examination of arrested person by medical practitioner at the request of the arrested person

55

Procedure when police officer deputes subordinate to arrest without warrant

56

Person arrested to be taken before Magistrate or officer in charge of police station

57

Person arrested not to be detained more than twenty-four hours

58

Police to report apprehensions

59

Discharge of person apprehended

60

Power, on escape, to pursue and retake

Chapter VI

Processes To Compel Appearance

61

Form of summons

62

Summons how served

63

Service of summons on corporate bodies and societies

64

Service when persons summoned cannot be found

65

Procedure when service cannot be effected as before provided

66

Service on Government

67

Service of summons outside local limits

68

Proof of service in such cases and when serving officer not present

69

Service of summons on witness by post

70

Form of warrant of arrest and duration

71

Power to direct security to be taken

72

Warrants to whom directed

73

Warrant may be directed to any person

74

Warrant directed to police officer

75

Notification of substance of warrant

76

Person arrested to be brought before Court without delay

77

Where warrant may be executed

78

Warrant forwarded for execution outside jurisdiction

79

Warrant directed to police officer for execution outside jurisdiction

80

Procedure on arrest of person against whom warrant issued

81

Procedure by Magistrate before whom such person arrested is brought

82

Proclamation for person absconding

83

Attachment of property of person absconding

84

Claims and objections to attachment

85

Release, sale and restoration of attached property

86

Appeal from order rejecting application for restoration of attached property

87

Issue of warrant in lieu of, or in addition to, summons

88

Power to take bond for appearance

89

Arrest on breach of bond for appearance

90

Provisions of this Chapter generally applicable to summonses and warrants of arrest

Chapter XIII

Jurisdiction Of The Criminal Courts In Inquiries And Trials

177

Ordinary place of inquiry and trial

178

Place of inquiry or trial

179

Offence triable where act is done or consequence ensues

180

Place of trial where act is an offence by reason of relation to other offence

181

Place of trial in case of certain offences

182

Offences committed by letters, etc

183

Offence committed on journey or voyage

184

Place of trial for offences triable together.- Where

185

Power to order cases to be tried in different sessions divisions

186

High Court to decide, in case of doubt, district where inquiry or trial shall take place

187

Power to issue summons or warrant for offence committed beyond local jurisdiction

188

Offence committed outside India

189

Receipt of evidence relating to offences committed outside India

Chapter XIV

Conditions Requisite For Initiation Of Proceeding

190

Cognizance of offences by Magistrates

191

Transfer on application of the accused

192

Making over of cases to Magistrates

193

Cognizance of offences by Courts of Session

194

Additional and Assistant Sessions Judges to try cases made over to them

195

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

196

Prosecution for offences against the State and for criminal conspiracy to commit such offence

197

Prosecution of Judges and public servants

198

Prosecution for offences against marriage

199

Prosecution for defamation

Chapter XV

Complaints To Magistrates

200

Examination of complainant

201

Procedure by Magistrate not competent to take cognizance of the case

202

Postponement of issue of process

203

Dismissal of complaint

Chapter XVI

Commencement Of Proceedings Before Magistrates

204

Issue of process

205

Magistrate may dispense with personal attendance of accused

206

Special summons in cases of petty offence

207

Supply to the accused of copy of police report and other documents

208

Supply of copies of statements and documents to accused in other cases triable by Court of Session

209

Commitment of case to Court of Session when offence is triable exclusively by it

210

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

Chapter XVII

The Charge

211

Contents of charge

212

Particulars as to time, place and person

213

When manner of committing offence must be stated

214

Words in charge taken in sense of law under which offence is punishable

215

Effect of errors

216

Court may alter charge

217

Recall of witnesses when charge altered

218

Separate charges for distinct offences

219

Three offences of same kind within year may be charged together

220

Trial for more than one offence

221

Trial for more than one offence-1

222

When offence proved included in offence charged

223

What persons may be charged jointly

224

Withdrawal of remaining charges on conviction on one of several charges

Chapter XVIII

Trial Before A Court Of Session

225

Trial to be conducted by Public Prosecutor

226

Opening case for prosecution

227

Discharge

228

Framing of charge

229

Conviction on plea of guilty

230

Date for prosecution evidence

231

Evidence for prosecution

232

Acquittal

233

Entering upon defence

234

Arguments

235

Judgment of acquittal of conviction

236

Previous conviction

237

Procedure in cases instituted under section 199(2)

Chapter XIX

Trial Of Warrant-Cases By Magistrates

238

Compliance with section 207

239

When accused shall be discharged

240

Framing of charge

241

Conviction on plea of guilty

242

Evidence for prosecution

243

Evidence for defence

244

Evidence for prosecution

245

When accused shall be discharged

246

Procedure where accused is not discharged

247

Evidence for defence

248

Acquittal or conviction

249

Absence of complainant

250

Compensation for accusation without reasonable cause

Chapter XX

Trial Of Summons-Cases By Magistrates

251

Substance of accusation to be stated

252

Conviction on plea of guilty

253

Conviction on plea of guilty in absence of accused in petty cases

254

Procedure when not convicted

255

Acquittal or conviction

256

Non-appearance or death of complainant

257

Withdrawal of complaint

258

Power to stop proceedings in certain cases

259

Power of Court to convert summons-cases into warrant-cases

Chapter XXI

Summary Trials

260

Power to try summarily

261

Summary trial by Magistrate of the second class

262

Procedure for summary trials

263

Record in summary trials

264

Judgment in cases tried summarily

265

Language of record and judgment

Chapter XXII

Attendance Of Persons Confined Or Detained In Prisons

266

Definitions

267

Power to require attendance of prisoners

268

Power of State Government to exclude certain persons from operation of section 267

269

Officer in charge of prison to abstain from carrying out order in certain contingencies

270

Prisoner to be brought to Court in custody

271

Power to issue commission for examination of witness in prison

Chapter XXIII

Evidence In Inquiries And Trials

272

Language of Courts

273

Evidence to be taken in presence of accused

274

Record in summons cases and inquiries

275

Record in warrant-cases

276

Record in trial before Court of Session

277

Language of record of evidence

278

Procedure in regard to such evidence when completed

279

Interpretation of evidence to accused or his pleader

280

Remarks respecting demeanour of witness

281

Record of examination of accused

282

Interpreter to be bound to interpret truthfully

283

Record in High Court

284

When attendance of witness may be dispensed with and commission issued

285

Commission to whom to be issued

286

Execution of commissions

287

Parties may examine witnesses

288

Return of commission

289

Adjournment of proceeding

290

Execution of foreign commissions

291

Deposition of medical witness

292

Evidence of the officers of the Mint

293

Reports of certain Government scientific experts

294

No formal proof of certain documents

295

Affidavit in proof of conduct of public servant

296

Evidence of formal character on affidavit

297

Authorities before whom affidavits may be sworn

298

Previous conviction or acquittal how proved

299

Record of evidence in absence of accused

Chapter XXIV

General Provisions As To Inquiries And Trials

300

Person once convicted or acquitted not to be tried for same offence

301

Appearance by Public Prosecutors

302

Permission to conduct prosecution

303

Right of person against whom proceedings are instituted to be defended

304

Legal aid to accused at State expense in certain cases

305

Procedure when corporation or registered society is an accused

306

Tender of pardon to accomplice

307

Power to direct tender of pardon

308

Trial of person not complying with conditions of pardon

309

Power to postpone or adjourn proceedings

310

Local inspection

311

Power to summon material witness, or examine person present

312

Expenses of complainants and witnesses

313

Power to examine the accused

314

Oral arguments and memorandum of arguments

315

Accused person to be competent witness

316

No influence to be used to induce disclosure

317

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

318

Procedure where accused does not understand proceedings

319

Power to proceed against other persons appearing to be guilty of offence

320

Compounding of offences

321

Withdrawal from prosecution

322

Procedure in cases which Magistrate cannot dispose

323

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

324

Trial of persons previously convicted of offences against coinage, stamp-law or property

325

Procedure when Magistrate cannot pass sentence sufficiently severe

326

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

327

Court to be open

Chapter XXV

Provisions As To Accused Persons Of Unsound Mind

328

Procedure in case of accused being lunatic

329

Procedure in case of person of unsound mind tried before Court

330

Release of lunatic pending investigation or trial

331

Resumption of inquiry or trial

332

Procedure on accused appearing before Magistrate or Court

333

When accused appears to have been of sound mind

334

Judgment of acquittal on ground of unsoundness of mind

335

Person acquitted on such ground to be detained in safe custody

336

Power of State Government to empower officer in charge to discharge

337

Procedure where lunatic prisoner is reported capable of making his defence

338

Procedure where lunatic detained is declared fit to be released

339

Delivery of lunatic to care of relative or friend

Chapter XXVI

Provisions As To Offences Affecting The Administration Of Justice

340

Procedure in cases mentioned in section 195

341

Appeal

342

Power to order costs

343

Procedure of Magistrate taking cognizance

344

Summary procedure for trial for giving false evidence

345

Procedure in certain cases of contempt

346

Procedure where Court considers that case should not be dealt with under section 345

347

When Registrar or Sub-Registrar to be deemed a Civil Court

348

Discharge of offender on submission of apology

349

Imprisonment or committal of person refusing to answer or produce document

350

Summary procedure for punishment for non-attendance by a witness in obedience to summons

351

Appeals from convictions under sections 344, 345, 349 and 350

352

Certain Judges and Magistrates not to try certain offences when committed before themselves

Chapter XXVII

The Judgment

353

Judgment

354

Language and contents of judgment

355

Metropolitan Magistrates judgment

356

Order for notifying address of previously convicted offender

357

Order to pay compensation

358

Compensation to persons groundlessly arrested

359

Order to pay costs in non-cognizable cases

360

Order to release on probation of good conduct or after admonition

361

Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with

362

Court not to alter judgment

363

Copy of judgment to be given to the accused and other persons

364

Judgment when to be translated

365

Court of Session to send copy of finding and sentence to District Magistrate

Chapter XXVIII

Submission Of Death Sentences For Confirmation

366

Sentence of death to be submitted by Court of Session for confirmation

367

Power to direct further inquiry to be made or additional evidence to be taken

368

Power of High Court to confirm sentence or annul conviction

369

Confirmation or new sentence to be signed by two Judges

370

Procedure in case of difference of opinion

371

Procedure in cases submitted to High Court for confirmation

Chapter XXIX

Appeals

372

No appeals to lie unless otherwise provided

373

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

374

Appeals from convictions

375

No appeal in certain cases when accused pleads guilty

376

No appeal in petty cases

377

Appeal by the State Government against sentence

378

Appeal in case of acquittal

379

Appeal against conviction by High Court in certain cases

380

Special right of appeal in certain cases

381

Appeal to Court of Session how heard

382

Petition of appeal

383

Procedure when appellant in jail

384

Summary dismissal of appeal

385

Procedure for hearing appeals not dismissed summarily

386

Powers of the Appellate Court

387

Judgments of subordinate Appellate Court

388

Order of High Court on appeal to be certified to lower Court

389

Suspension of sentence pending the appeal; release of appellant on bail

390

Arrest of accused in appeal from acquittal

391

Appellate Court may take further evidence or direct it to be taken

392

Procedure where Judges of Court of Appeal are equally divided

393

Finality of judgments and orders on appeal

394

Abatement of appeal

Chapter XXX

Reference And Revision

395

Reference to High Court

396

Disposal of case according to decision of High Court

397

Calling for records to exercise powers of revision

398

Power to order inquiry

399

Sessions Judges powers of revision

400

Power of Additional Sessions Judge

401

High Courts powers of revision

402

Power of High Court to withdraw or transfer revision cases

403

Option of Court to hear parties

404

Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court

405

High Courts order to be certified to lower Court

Chapter XXXI

Transfer Of Criminal Cases

406

Power to Supreme Court to transfer cases and appeals

407

Power of High Court to transfer cases and appeals

408

Power of Sessions Judge to transfer cases and appeals

409

Withdrawal of cases and appeals by Sessions Judges

410

Withdrawal of cases by Judicial Magistrates

411

Making over or withdrawal of cases by Executive Magistrates

412

Reasons to be recorded

Chapter XXXII

Execution, Suspension, Remission And Commutation Of Sentences

413

Execution of order passed under section 368

414

Execution of sentence of death passed by High Court

415

Postponement of execution of sentence of death in case of appeal to Supreme Court

416

Postponement of capital sentence on pregnant woman

417

Power to appoint place of imprisonment

418

Execution of sentence of imprisonment

419

Direction of warrant for execution

420

Warrant with whom to be lodged

427

Sentence on offender already sentenced for another offence

428

Period of detention undergone by the accused to be set off against the sentence of imprisonment

429

Saving

430

Return of warrant on execution of sentence

431

Money ordered to be paid recoverable as a fine

432

Power to suspend or remit sentences

433

Power to commute sentence

434

Concurrent power of Central Government in case of death sentences

435

State Government to act after consultation with Central Government in certain cases

Chapter XXXIII

Provisions As To Bail And Bonds

436

In what cases bail to be taken

437

When bail may be taken in case of non-bailable offence

438

Direction for grant of bail to person apprehending arrest

440

Amount of bond and reduction thereof

441

Bond of accused and sureties

442

Discharge from custody

443

Power to order sufficient bail when that first taken in insufficient

444

Discharge of sureties

445

Deposit instead of recognizance

446

Procedure when bond has been forfeited

447

Procedure in case of insolvency or death of surety or when a bond is forfeited

448

Bond required from minor

449

Appeal from orders under section 446

450

Power to direct levy of amount due on certain recognizances

Chapter XXXIV

Disposal Of Property

451

Order for custody and disposal of property pending trial in certain cases

452

Order for disposal of property at conclusion of trial

453

Payment to innocent purchaser of money found on accused

454

Appeal against orders under section 452 or section 453

455

Destruction of libellous and other matter

456

Power to restore possession of immovable property

457

Procedure by Police upon seizure of property

458

Procedure where no claimant appears within six months

459

Power to sell perishable property

Chapter XXXV

Irregular Proceedings

460

Irregularities which do not vitiate proceedings

461

Irregularities which vitiate proceedings

462

Proceedings in wrong place

463

Non-compliance with provisions of section 164 or section 281

464

Effect of omission to frame, or absence of, or error in, charge

465

Finding or sentence when reversible by reason of error, omission or irregularity

466

Defect or error not to make attachment unlawful

Chapter XXXVI

Limitation For Taking Cognizance Of Certain Offences

467

Definitions

468

Bar to taking cognizance after lapse of the period of limitation

469

Commencement of the period of limitation

470

Exclusion of time in certain cases

471

Exclusion of date on which Court is closed

472

Continuing offence

473

Extension of period of limitation in certain cases

Chapter XXXVII

Miscellaneous

474

Trials before High Courts

475

Delivery to commanding officers of persons liable to be tried by Court-martial

476

Forms

477

Power of High Court to make rules

478

Power to alter functions allocated to judicial and Executive Magistrates in certain cases

479

Case in which Judge or Magistrate is personally interested

480

Practising pleader not to sit as Magistrate in certain Courts

481

Public servant concerned in sale not to purchase or bid for property

482

Saving of inherent powers of High Court

483

Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates

484

Repeal and savings

 

The First Schedule

 

The Second Schedule

[25th January, 1974.]

An Act to consolidate and amend the law relating to Criminal Procedure

Comment: This is the basic law of procedure prescribed for criminal law in India.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-



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